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Home My WebLink About1989-12-12 Resolutioni23=50CUTMON MCO_ 69-276 IP7/wir:rving B. Weber is a lifelong resident of I C' _ i I I I' j I 1 I burn an December 19, 1900, and in ity, Iowa, WHEREAS, Irving Weber fnr many years has shared his memaries and his- torical facts with his fellow Inwa Citians, and WHEREAS, the Iowa City Host Nunn Lions Club, of which Mr. Weber is a member, has published five books of Mr. Weber's which set forth an invaluable histarg of Iowa City which includes not only his torical facts but memories of events which shaped our city, and WHEREAS, the profits from the sale of these books have been donated in their entirety to causes which benefit people nationwide, state- wide and locally through the auspices of the Lions Club urgani- aation, and WHEREAS, Mr. Weber has delighted us with his stories of past gears and also with his enthusiasm far current changes and growth in Iowa City, and WHEREA$, we wish to show our appreciation for the historical legacy which Mr. Weber is furnishing for us and far generations to.come and also to honor him for his generosity which has benefitted so many people, NOW, CHEREFORE, BE IC RE$OLUED By ZHE CIZU COUNCIL OF ZH£ CIeg OF IOWA CIZ{�, IOWA, that the title of OFFICIAL NI$OORIAN OF IOWA CIEU is hereby bestowed upon Irving B. Weber. : Zhe foregoing resolution was moved by John Balmer and seconded bg Bill Ambriscn at a dulg convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center in Iowa City, Inva, on the 12th day of December, 1989, commencing at 7:30 P.M. Uvun roll call, the following vote was taken: Agu: HAD: ABSENZ. Passed and approved this 12th day of Ambrisca Balmer Courtney Horowitz Hubby Larson McDonald r 1989. i i I i {, it � II ,� 1 j i I I rr. I i 1- 7 BE IT ! 'l�iViS i. < Permit as AYES:, NAYS: ABSENT: and at the having ends {i Illt yM { to having 1 beer, liqul i I 1 5 Mfr ! It was X that the Re i 'l�iViS i. < AYES:, NAYS: ABSENT: {i Illt yM { Ambrisco' X acyxP+ Km. Balmer g Courtney 1 X 1 Horowitz X _ ( 1. Y � - I I' r.; Kubby g i Larson g — — DkDonald r : Passed and approved this 12th day of December 19 89 , .. yore I , r Attest: „y .tlti J D 1 I 7r.n I: I _.._. �.�........ �.._........_... . .............. .,. .. ♦ .... ave _ RESOLUTION NO. 89-278 RESOLUTION TO ISSUE CIGARETTE PERMITS MfMkS, 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 THE CITY COUNCIL OF IOWA 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: is The Que, 211 Iowa Avenue I 1 i 3' r RESOLUTION NO. 89-279 I RESOLUTION ADOPTING SUPPLEMENT NUMBER 42 TO THE CODE OF 4 ORDINANCES OF THE CITY OF IOWA CITY, INN— NN—WHEREAS, WHEREAS,the Municipal Code Corporation has prepared the 42nd supple- ment to the Code of Ordinances of the City of Iowa City, Tdwa and, WHEREAS, it is deemed appropriate to adopt supplement number 42 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. That supplement number 42 to the Code of Ordinances of the City of Iowa Ci Iowa atta�d–to this Resolution as Exhibit A and b City, , , this reference made a part hereof, is hereby officially adopted as a 712 i part of the said Code of Ordinances. i'. { 2. ThatAhe Ma or is authorized to sign, y gy and the City Clerk to attest, r} this.Resolutioni ' +, i It was moved by Ambrisco and seconded by Horowitz i the Resolution be adopted, an upon roll call there »" AYES: NAYS: ABSENT: X Ambrisco. 1 , X Balmer I X Courtney X Horowitz _ : X Kubby X Larson X McDonald Passed and approved this 12th day of December , 19 89 ; SUPPLEMENT NO. 42 November, 1989 .,. .. CODE OF ORDINANCES .. City of IOWA CITY, IOWA 6;: - ;: -_ Looseleaf Supplement .This Supplement contains all ordinances from the calendar j i �;• quarter, July. through September, 1989, which are suitable for � b inclusion in the Code; the latest Ordinance in this Supplement is: Ordinance No. 89-3433, adopted September 19, 1989..' �=---:---; -:' - - See Code Comparative Table, nage 2970.2... Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-todate pages 967,968 967; 968 ' �j ; 981-994 981-993 �{, S r 2247-2260 2247-2260.2 I J 1 45 2601 2602 2501;2502 A 2593, 2694 2533-2534.1 2543-2546.2 2543-2546.2 2596.1-2602 2597-2602, a, 2647-2660 2647-2650�- "-. 267b-2676.1 2675-2676.L 2970.1, 2970.2 2970.1; 2970.2 ,h Insert this instruction sheet in front of volume: File removed t pages for reference. MUNICIPAL CODE CORPORATION �... Post Office Box 2235 .... ,.-, 1700 Capital Circle, S.W. 'Tallahassee, FL 32316, (904) 676-3171 � 1.800-262-CODE(National) 1.800.342-CODE(Florida) r Note—An. updated checklist of pages in Code is included, fol. lowing Table of Contents. , e - , i'. I Checklist of Up -to -Date Pages (fate checklist will be updated with the printing of each Supplement) �. From our experience in publishing Looseleaf Supplements on - page4br-page, substitution basis, it has become evident that through - usage and supglemcniation many pages can be inserted and re- moved in error. :. .. The following listing' is included in this Code as a ready guide for the user to determinewhether the Code volume properly reflects the latest printing of each page. .•In the first column all pagenumbers are listed to sequence. - The second column reflects the latest printing of the pages as I �. ,they should.. appear inan,'up•to-date volume. The letters "OC" ! - +I,::.., • ,..: i indicate the pages havenot been reprintedin the Supplement I.MService an appear as published for the original Code. �'Jhen a page has been reprinted or printed in the Supplement Service, ,( this columnreflects the identification number or Supplement 1I i e Number printed on the bottom of the page. In additionto assisting existing holders of the Code thte'liet at tray be used in compiling an'up•todate copy from the original Code and subsequent Supplements. ;.,. ..�, Page No; Supp: No. Page No. Supp. No. r hn rTitle page; OC 7,8 " ' 24 s iii, fv OC 9,10 24 I v, vi OC 11,12 24 f, ' *,vii .: 3 13,14 24 iz,x OC X16,16 t 24 ! .. xi, xii OC '17,18 24 :xifi, xiv `. OC :'19,20 • 33 ,._ xv; xvi 39 71 xvii,xviff 41 121,122 31 xix, xx 35 122.1 31 kxi, xxii 37 123, 124 0C . xxiii 34 - 126,126 " '— 31 1,2 24 127,128 36 3,4 , ' ; . - 27 -177,178 :'. 34 .r _5,6 _24'179;180 :27 :.. .,,. Supp. No. 42. 4ai�o ...... ... . + , I /1 IOWA CITY CODE { Page No. : Supp: No. Page No..,, Supp. No. -/ 181,182 ` 18 367, 368 37 183,184. 25 369,370 ,', 39 185,186 26. 370.1 39 " 186.1 25 371,372 18 187,188 32 372.1, 372.2 '18 188.1 10 ` 372.3 18 189,190 OC 373,374 6 191,192 , OC 375,376, ;,,: 34 193,194 ; . 16. 376.1. r; 34 j 195, 196 OC > 377,378 39 -• : + 197,198:' OC .378.1, 39 199,200 `' 6 379, 380 OC 201,202 34 381,382 39 251, 252'. 28 " 383, 384 39 303; 304 26 ' 385, 386 39 , ' 304.1 26 387,388 39 •305,306 ' 13 '389,390 99 307,908 14 431 28 309, 310 ' 14''` 483, 484 ." 8 {1 911,912 14 485,486 8 �w1 r 313,314 ;•, 14...487,488 8 r;.. 315,316. 14 ;489,490• 917,318 14 491,492 35'14 319,320 493; 494 1•, �.; ry 321, 322 14 495, 496 36 i 323,324 14 497,498 35 325,326 23 531,532 ..41- •41327,328 327,328 23 533,634 41 329,330 23 535,536 41 331,332' 23 537,638 41 333,334 23 539,540 41 3 , ; 336,336: 29 641,542 41 337,338 25 543,544 41 „. ,-,... 339,340 25 545,546 41 341,342 25,' 547, 648 �_.,. 41 343,944: 25 549,550' 41 361,362, 39- 661,562 41 363,364 39 569,564 41 366,366 39 557,558 17 ._., • Supp. No. 42 121 _..,... . , ,1 CHECKLIST OF UP-TO-DATE PAGES Page N0; Supp. No. Page No. Supp. No. t 559,560 17 680.5,680.6 20 561,562 17 680.7 20 563,564 -26 681,682 11 065,666 35 683 20 567,568 35 739,740 33 669,570 35 741,742 33 671,572 35 743,744 33 57 3,574 35 745,746 33 676,676 35 747,748 33 577,678 35 749,750 33 578.1 35 761; 752 33 579,580 33 753,754 33 581,582 .33 755 - ", -11, 11 1 1 . 33 - I : --bc - - - 583,584 33 811; 812 !- 585p586 33 813,814 41 ,587 588,,:*: 33' 815,816 '41 689:590 33 817,818 591,592 33 867, 868 OC 593 594 ^ 33 915,916 31 595,' 33 917,918 31 617,618 OC 919,920 31 639,640 36 921,922 31 tr N, 641,642,'' 37 �,923,924 -,31 lc 4 642.1 37 925,926 31 35 927,928 31 .6.43,644 645,646 35 929,930 31 646.1 35 931,932 14 647,648 649,650 29 933,934 29 935,936 19 19 651,652 29 937,938 19 653, 654 29 938.1, 938.2 19 655,656 29 939,940 1 -671,672 941,942 1 7 943,944 1 1673 676,676 ;il ,645,946 677,678 ;20 947,948 679,68020 949,950 680.2 20 950.1, 950.2 ,680.1, 680.3, 68D.4 20 951,952 Hupp. No. 42 p . ...... . [31 AOWA CITY CODE . Pa j6 W.. ' Supp. No. Page No:' Supp: Na 1, 953,954 1 999„ 11 955,956 1 1049 ,OC 957,958 ` "1 1149,1160 37 959,960 _ ' 19 ' 1151; 1152. .. ' - :',: g 961,962 19 1163,1154 8 ,.. . 963;964. - :231155,1156 - •'20.. •' ' 965,966, 1 1157,1168 1,37 967,968. 42 1158.1 37 969,970 '. +1:`'.1159,1160 -"•8 ;..,,. .... .; !. . 671,972 ,, - 1 .1161,1162 973,974 19 1163,1164 37' 975,976 -30 1165,1166 8 ' 976.1 30 1167,1168 '37 . 977, 978 19 1169,1170 37 �� . •: ; [ 978.1 - 41 '! 1171,1172 377. 979,980 1 1173,1174 -37 980.1, 980.2 1 ' 1175,1176 37 + 980.3, 980.4 - 23, = 1177,1178 ;'37 980.4.E :23 1178.1 _ '.37 { A I 980.6,980.6 1. 1179,1180 "18 r t 980.7, 980.8 23 1181,1182 15 { 980.8.1':; 23 11183,1184 ;-37 980.9, 980.10 :19 1185;1186 ° 37 980.11,980.12 19 1187,1188 37 ,..';. F' 1� 98912.1 19 1168.1 37 r980.13, 980.14 1 1189,1190 <+ 13 980.15,980.16 1 1191,1192 13 1 ,r 981,982< 42 1193 —8 „ 983,984 42_.1229,1230 "21 985,986: r 42 1231;1232 "•'x.121 '�� . +- 987,988:. r 42 : 1233,1234. 21to 989,990 r42 1235,1236 21 991;992, 42 1237,1238 23 992.1,992.2 42 1239,1240 23 992.3, 992.4 42, 1241;1242: 21 993 42 1243,1244 •21 994.1, 994.2 41 1245,1246 21 rl'r" 995,996' 11 1247,1248 "'' 21 997,998 r 1 1249 1250 , • r;' 21 ' s 2 Supp. No. 4IV ' j r it I ' - CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1251. 25 1565,1566. 11 , 1297 28 1567,1568 11 �... • _` - 1351, 1352 OC 1568.1,1568.2 .33 1353,1354 33 1569,1570 41 - 1355,1356 18 1571,1572 41 1407,1408 28 1572.1,1572.2 11 1409,1410 28 1573, 1574 11 1411, 1412 OC 1575,1576. 11 _ 1413,1414 ,OC 1577,1578 1415, 1416 - OC 1579,1580 - 11 1466,1466 33 '1581,1582 34 1467,1468 33 1583,1584 34:.. 1469 33 .1585,1586 34 l 1471,1472 14 1687,1588 ` 34 ; ..: ,-:1473;1474 •, 33.;1589;1690 .,34 ,.• ,.. 1476,1476 ,. ;14 1591;1592 34 1477;147814 '1593,1594 1479,1480 14 1695,1596 2 1481 14 1597. 2 1527,1528 18 1643,1644 35 1529,1530 10 1645,1646 •1 1631,1532 ' r 3 .1646.1 .1533,1534 11 .1647, 1648 OC 1635;1636 11 1649,1650 37 1637,1638 11 1651,'1652 i OC ,• i., ' ` 1639,1540 11 1653, 1654 OC 1641;1642 11 1655, 1656' OC 1643,1544 11 1657,1658 27 1545,1546 11 1659,1660 38 1547,1548 11 1661;1662 38 1649,1550 22 1662.1,1662.2 ` 1551,1552 18 1662.3,1662.4 38 ' 1553 - 18 1662.5,1662.6 38 :. 1555,1556 11 1662.7 38 1557,1558 14 1663,1664 14 ' .. ...:.. .. . . . `, 1559,1560 11 '1665, 1666 14 1561,1562 11 1667,1668 26 1563,1664 25 '' 1669,1670 136 ; 1664.1 r 26 ,1671 35 Supe. No. 42' .. " 151 I I i IOWA CITY CODE Page No. Supp. No. Page No. Supp: No. 1681,1682 - 14 1861,1862 23 .1683,1684 74 1863,1864 23 1685,1686 , 14 1903 24 1687,1688 14' 1967, 1968 ` 1689,1690 41`: 1969, 1970 ..... OC 1691,1692 14. 2021, 2022 34 1693,1694 14'- 2023 2024 34 1695,1696 14 2025 34 1697,1698 14 2121,2122 21 1713,1714 19 - 2123, 2124 25 :1715,1716 35 2125,2126 35 1716.1 35 2126.1, 2126.2 35 1717, 1718 OC: 2126.3 35 1, . ' .1719,172034 :2127,2128 30 1721,1722 35 2129,2130 `1723 "36 2131, 2132 ,25 26' „ h t 1724 ` ' OC .2133, 2134 -' 28 r ; ] 725,1726' 23 2134.1 25 t 1727 1775 1776 23 .2136, 2136 OC 34 2137 2138 ' ? 04 ` - 1779 1780 34 2139, 2140 '2140.1 1831,1832 34 29 :_ 2141, 2142 86 OC Y333;1834 29 ,2143 2144 :' 35 „ '., 1836,1836 29 2144.1 35 1897,1838 1839,1840 29 .2146, 2146 OC 1841,1842 34 2147,2148 7 n, , r, 1843,1844 34 34 2149,2160 12 2151,2152 20 '20 1845,1846 12 :i 1847,1848 ,'2197,2198 26 2199,2200 37ji . -1848,1 - ' 26 ' 2201, 2202 84 37 1849, 1850 OC 2202.1 37 i 1851, 1852 OC 2203,2204 16 ':'16 1653;1854 23 4205,2206 16 ` 23 .2207,2208 16 n S' 1867 1668 27 1858.1 ,2208.1 27 2209.2210 16 1859,1860 23 2210.1 12 r , , < ' r Supp. No. 42 12 , t [61_ v t A e i Y1 1 CHECKLIST OF UP-TO-DATE PAGES I Page No. Supp. No. Page No: Supp, No. .2211, 2212 OC 2282.13, 2282.14 20 2213,2214 3 2282.16,2282.16 = 20 - 2215,2216 3 2282.17,2282.18 20 2217,2218 37 2282.19,2282.20 27 2219,2220 37 2282.21;2282.22 20 2241,2242 37 2282.23,2282.24 .20 2243, 2244 27 2282.25, 2282.26 20 . 2245,2246 34 2282.27,2282.28 20 2247,2248 42 2262.29,2282.30 , 20 2249, 2250 -. 42 2283,' 2284 OC 2250.1; 2250.2 42 2285, 2286 OC I{ 2251,2252 37 2287, 2288 OC ' + ' 2253,2254 37 2289,2290 4-18 i •, i, 2255,2256 ,: 37 -2290,1 13 ] ,.. 2257,2258 41 2291,2292 6 2259,2260 41 : 2292.E 6 - r '+ 2261,2262 41 2293,2294 41 2263,2264 41 .2295,2296 41 { ; - 2264,1, 2264.2 41 2297, 2298 . 41 2265,226641 37 '2299,2300 ) 2267, 2268 31 2301, 2302 41 2269,2270 7 2302.1,2302.2 41 I i 2271,2272 2273,227434 9 :2302.3,2302.4 `2303,2304 ;.41 I + r 2274.1;2274.2 36 2305,2306 31 31 2274.3,2274.4 36 '2307,2308 ', 31 it L 2274.5, 2274.6 41 2309, 2310 91 2274.7,2274.8 41 2311,2312 2275,227631, 1 2313 31 2276.1 1 2351; 2352 1 ,' 2277, 2278 OC 2353, 2354 OC 2279,2280 14 2355,2356 OC 2281,2282 14 2357, 2358 OC 2282,1,2282.2 7_.2359,2360 ;.g 2282.3, 2282.4 7 ` 2961, 2962 OC r 2282.6, 2282.6 7 2363, 2364 OC „ + 2282.7, 2282.8 7 ' 2366, 2366 1 2282.9, 2282.10 7 2367, 2368 41 2282.11,2282.12 7 2369,2370 41 Supp. No, 42 , t [71 Y1 1 IOWA CITY CODE Page No. Supp. No. Page No., Supp. No 2419,2420 25 2531,2532 27 2421,2422 25 . 2533,2534 42 .-, 2423,2424 x,26 2534:1 - ' '42 2425,2426 34 2535,2536 38 2426.1 34 2537,2538 38 2427, 2428 1 25 2538.1 31 2429 25 2539,2540 25 ' 2477,2478 25'' 2541 2542 - 25 j $479,24801 35 2643,2644 42 2481,2482! 42 . 2545,2546 - 42 2489, 2484. 42 2646.1, 2646.2 42 I ' 2486 42 2547,2548 33 2487, 2488 35 2548.1, 2548.2 33 2489, 2490 37- 2648.3; 2548.4 33 2490.1 35 2549,2550 25 i.. 2491, 2492 25 2551, 2562 26 2493, 2494: ; 41 255 2554 2494.1 41 2565,2666 33 2495,2498 " 36 ,2579,2580 19 ` 2496.1 ' 36 2581,2582 1 2497,249831 37 -'2583,2584 31 �J 2499,2500 25 2585,2586 _ 31 2601, 2602 42 , 2586.1 2586.2 31 ' 2602.1_ . 352586.3, 2686,4 91 r. 2503,2504 27 r 2587 2688. 35 •,• 2505;2506 35 2591,2592 35 2507,2508 .. 35 2593,2594 2609,2510 35 2595,2596 41 2511,2612 412697,2598 42 > 2513,2514 Al 2599,2600 42 2515,2516 41 2601,2602 42 2517,2518 41 2603,2604 lg 2519,2520 26 2605,2606 98 2621,2622 ..41 2606.1 38 2523,2524 41 2607,2608 19 2525,2526 41 2609,2610 31 �Y 2527,2528 41, 2611,2612 ,. - 36 .; 2529, 2530 41 2613, 2614 '; 96 <. 2530.1, 2530.2 41 2614.1 36 r t a 6upp. No. 42 ' rr i IOWA CITY'CODE ' Page No. Supp. No. Page No. Supp. No.2989,2990 . 37 38 ' 29912992 , 37 3032.3 033,3034 35 • ;, ,;,. 2993,2994 37 :3035,3036 36 2995,2996 37 -3036,1 35 V 2996.1, 2996.2 37 '3037, 3038 -29 " 2996.3 37 3039,3040 33 .2997,2998 34 .3041,3042 28 2999,3000 38 3042.1,3042.2 37 3000.1 38 3043,3044 38 3001, 3002 37 ' 3044.1 38 3003,3004:35 3045,3046 1,28 3004.1' 35 3047, 3048 -41 3005,3006 28 :3049;3060 41 3006.1,3006.2 38 3051;3052 36 ii dl. j3007'' 38 13053;3054 37 3008.1,3008.2 41 -3054.1,3054.2 ,37 3008.2.1' ' ; 333065, '3056.1,3056.2 34 2R, 3008.3,3008.4 28 16 r 3009 28 3057,3058 34 3010.1, 3010.2 : - 6 .'3059,3060 3011 3012 31 3061;3062 34 3013,3014 41A063, 3064 ;;2 3014.1,3014.2- 41 3065,3066 18 3014.2.1, 41 .3067, 3068 18 z �' 3014.3 -38 1069,3070 38 �[ I F :3016,3016 x'•28 3070.1 .38 3016.1, 28,. 3071,3072 34 I 3017,3018 19 3073,3074 38 ' 3018 1 19 -'3074.1 98 3019,3020 '•- 8 ::3076,9076 35 3020.1, 3020.2, -31 3077, 3078 Al 3021,3022 38 3078.1,3078.2 41 4 9022.1 38 3078.3 41 3023,3024 33 3079,3080 19 , 3025, 3026 / AC .3081, 3082 19 3027,3028 37 ,3083,3084 33 3029, 3030 37 ` 3085, 3086 27 '3031,3032 38 .3087,3088 37 3032.1, 3032.2 38 3089, 3090 -27 SUPP. No. 42 [10] , x ' Mo CR ! 1 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp, No. 3090.1 27 3093, 3094 3091,3092 24 39 o s.. 1. n f Y I I 11 I 1 t 1 J e7l ': (000 1 q A, f�Ajj.�l . ... I f 4 N r 1�H � 5 1 OH 1 ( l ) .� .:. , 1 "A f � r ✓hN%r.1:r- 1p�.,y, aM, , " I I I l yV S� 1 1 t Bupp. No. 42 t .... . �. fill L, 1 l. 1, ;F Ali ft � F , n -I I k 4 14-75 IOWA CITY CODE ... the city clerk in an interest-bearing demand account at a bank or local savings institution agreeable to both parties. The interest on this account will accrue to the benefit of the company. (2) Within ten (10) days after notice to it that any amount has been withdrawn from the security fund deposited to subsection (d) (1) of this section, the com- pursuant piny, sball pay to, or; deposit with, the city clerk n of money or securities sufficient to restore, such sum fund to the original amount of thirty thousand security, dollars ($30,000.00). (3) If the company fails to pay to the city "any compensa- tion required pursuant to this article within the time I > fixed herein; or;` fails, after ten- (10)': days' notice,ao to the city any taxes due and unpaid; or, fads to c pay, repaid'to the. city; within such ten- (10).. days,: any damages, coats or expenses which the: city ,shall, be r to by reason of any act` or default of compelled pay the, company, 1n, connection, with this franchise;. or, fails,, after three (3) days'o notice of such failure by -the 1 office of the city manager, I to comply -;with any provi- I sione of this contract which the office of the city I • ` +- <a> manager reasonably, determines can be,; remedied, by I , an expendRure bf.the security, the city clerk may im- Y mediately withdraw the amount thereof, with interest f4 and any penalties, from the security fund: Upom such �. .. withdrawal„the' city clerk shall notify the company .. of the amount and date thereof., .. a '(4)"In the'event,the grantee wishes to contest withdraw ' al; the grantee' may, petition' to'the'commission for a hearing within ten (10) days from date notice of withdrawal or otherwise given: (Ord. No. 78-2917, § 2 8 22-78) ( Sec 14.76. Fees, rates and charges. (a) for services All the following charges for ,,Charges — aervtcea. shall be subject ' tocityconned approval, In accord - Supp, No. 42 90 i I J Chapter 15 ... GARBAGE; TRASH AND REFUSE"; 'Art L In General, §515.1-15.21: ArL IL, Collectors, @515-215.44. Diva 1. Generally,§515-22-15-28 - Div. 2. Permit, §§ 16.29-15-44 :Art III. Storage, §§ 15.45-15.61 . ArL IV.'. Collection, Transportation and Disposal, 5@15.62-15.76 i •, , • :'. 'Art... V. Uttering, 55 1677-15.91 " - - '. , ' ARTICLE I. IN GENERAL .See 15.1. Purpose. i The purpose of this chapter is to provide for the health, �{ e ,t " safety, and welfare of the citizens,of the city by regulating Y •�, the storage, collection' trans ortation g :�`, P Processing an dis. r r .. ., . posal of solid :waste, and providing for the collection and dis- , ') posal of solid waste, (Ord. No 75-2790, § I,11-25-750.) I Sec. 15-2. Definitions. "For the'ptirpose of this chapter, the following terms shall be deemed to have the meanings indicated below: � . �.' • r (t '�' ,Appliances means machines common to residential household J •:'-:,'r r u r , use; anVshall'include 'refrigerators, 'stoves, microwave ovens, (-.: - dishwashers clothes washers, clothes dryers, water heaters, fur- ( 1. naces, air conditioners, dehumidifiers, console television sets and .. ' stereo systes,'and any device containing an electric moto mr or ' } anyelectriccapacitor. Bulky rubbish means nonputrescible solid wastes consisting of combustible, and/or, noncombustible waste materials which are ; ' either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors with the equipment available, except appliances. -Cross references -Food and food establishments, Ch; 13; health and Bonita. -- - tion, Ch. 16;housing, Ch. 17;junk dealera,junk pickers and pswnbrokers. Ch. 19; noisy garbage cans, 5 24.4.4(b); plumbing, Ch. 28; sewers and sewage disposal, ice'\ Ch.33,Art.n. , Supp. No, 42 981 ry a `"r 1 I, til 4 15.2 IOWA CITY CODE ' Commercial solid waste means solid waste resulting from the �~ _ operation of anycommercial, industrial, institutional, agricul• _ - - tural or other establishment and multiple housing facilities with - • - more than four (4) dwelling units. . Demolition and construction waste means waste materials from the construction or destruction of residential, industrial or corn- mercial structures. Director means the city manager or his/her authorized represen- l Disposable solid waste container means disposable plastic or. paper sacks specifically designed for storage of solid waste and • I!, with a capacity of twenty (20) to thirty-five (35) gallons. . I iT,,,�,-- „ '`- '" -_Dwelling means abuilding which iswholly orpartially used or - - --- �I'- ,,. ' intended to be used for residential occupancy. Dwelling unit means any habitablem. rooor group of adjoining It habitable rooms located within a dwelling and forming a single unit with facilities which are used, or are intended to be used, for I I 4 living, sleing; cooking and eating of meals. ep Garbage means putrescible animal or vegetable wastes result•/ ing from the handling, re aration, cookmC'servinE. or consumP• h r tion of food. .. _ Hazardous wastes includes but is not limited to pathological i4^ jwastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials. "Occupancy means who alone or jointly or severally any person, with others shall be in actual possession of any dwelling unit or of any other improved real. property, either as owner or tenant: .i; ;Processing means incinerating, composting, bailing, shredding, salvaging, compacting and other processes whereby solidwaste - - characteristics are modified or solid waste quantity is reduced. , x + Refuse means solid waste. Residential solid waste means solid waste resulting from the maintenance and operation of single-family, duplex;tri-plex,and- -•-'' = four-plex'dwellings; including, solid waste from operation of a home occupationmeeting the requirements of the zoning ordinance. Supp. No, 42 982 i r,.. + i I +' GARBAGE, TRASH AND REFUSE 4 16.9 �. Rooming unit means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used primer. •fly for living and sleeping. A'rooming unit shall have bath and • toilet facilities available for exclusive use by the occupants or for „ communal use and, in, addition, may have kitchen and dining facilities available for use by the occupants therein. For purposes - - of this chapter, two (2) rooming units shall be deemed the equiva- lent of one dwelling unit; + Solid waste means unwanted or discarded waste materials in a solid'or semisolid state including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricul- tura] wastes, yard wastes, discarded appliances, special wastes, industrial wastes; and demolition and construction wastes. t" Solid waste container means a receptacle used by any person to j E , store solid waste during the interval between solid waste collectiona. Solid waste disposal means the process of discarding or getting rid of unwanted material; in particular, the final disposition of r solid waste.7 J ' '•Solid waste management means the entire solid waste"system ' - of storage, collection, transportation, processing and disposal.' Storage means keeping maintaining, or storing solid, waste i from the time of its production until the time of its collection. Transportation meansthe transporting of solid waste from the + - - - place of collection or processing to a solid waste processing facil- ity or solid waste disposal area. ... .. ,. 1 Yard wastes means grass clippings, leaves, tree and bush trim- mings. (Ord. No. 75.2790, 4 II, 11-25.75; Ord. No. 79.2958, 4 1A, B, 6.19.79; Ord. No. 86.3284, $ 2, 4.22-86; Ord. No. 89.3427, $ 1, 7.26.89) Groes reference—Rules of construction and definitions generally, 4 1.2. Seo. 153. Effect of chapter on county ordinances. Nothing in this chapter shall be deemed to affect, modify, amend or, repeal any provision of any ordinance administered by the county health department. (Ord. No. 75.2790, 4 XIV, 11-25-75) BaPP. Na. 42 ... 983 _ alio I `1 i ------- ._....__. 4 154 IOWA CITY CODE ice\ 1 ,. Sec -164. Inspections..' In' order to ensure compliance with -the law•s'of this state, this . • ' ' chapter, and the rules *promulgated pursuant thereto,' the direr- ire¢for toris authorized to inspect all phases of solid waste management . within the "efty., No inspection shall be made in an7esidential unit unless authorized by the occupant or by due process of law: "In'all .. instances where such inspections revealbiolationi of this chapter or rules promulgated thereto for the storage; collection; - transportation, processing or disposal of solid waste, or the laws of the state, the director shall issue a notice for each such viola- - tion in accordance with section 15.5 of this chapter. (Or& No. 75.2790, ¢ V11(7.6), 11-25-75) i Sec. 155. Director's rule-making authority. (a): The director may make, amend, revoke and enforce reason. 41 1 able and necessaryrules and regulations, governing, but not limited to: (1) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof. C (2) ',Weight. and size, limitations on bundles of solid waste too •• large for solid waste containers.,! (8) Sanitation, maintenance and replacement of"solid waste... ,{ containers. - I �� (4) . Schedules and routes for collection and transportation of •' .,�. ,..;;: ,.,..;. ...,.,. .... solid waste by. city personnel. ..:..- : ,... .. ,,..,. :.. (6) Collection points of solid waste containers. (6) Collection, transportation, processing and disposal of solid - waste:'. ..... .::, . -; . , (7) Disposal facilities and the use thereof. (8)" Storage of solid wastein solid waste containers. (9) ' Records of quantity and type of wastes received at disposal facilities: (10); Handling of special wastes such as "toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, auto. mobiles, oils, greases, etc. SupP. No. 42 .984 1 , •`' � arra. i ` ,> ,. --._.__�__,....____ l - j GARBAGE, TRASH AND REFUSE 41541 (11) Special carryout service for, the elderly and handicapped. (12) Collection of residential solid waste resulting from the - I ' operation and maintenance of more than four (4) dwelling. ..unite:. s (13) Billing and collection of disposal service charges at the city landfill. I (14) Hours of operation for the city landfill. - •; ..• (b) A copy of any and all rules and regulations issued under - the provisions of this section shall be tiled in the office of the city. _ clerk and shall be available for public inspection during normal business hours. (Ord. No. 75-2790, § IX, 11.25.75) . , Cross reference—Administration generally, Ch. 2. Sec. 15.6. Lien for services.. _7 iIf the city desires not to withhold solid waste management services for public health reasons, it may, provide the services, !� and certify that reasonable cost of these services to the county auditor, where this. cost shall constitute alien upon the prem- ises served, to be collected in the same manner as taxes. (Ord No 75-2790, § X,1126 75) { �' „ Sea 15-7.' Prohibited practices.: (a) It shall be unlawful for any person to: I' (1) Deposit:soltd waste in any solid waste container other than his own, without the written consent of the owner v "of'suchcontainer;'" I (2)' Interfere in any manner with solid waste collection and "I transportation equipment, or -;with solid waste,colleo- :,: torsAn. this Iawful :performance of their. duties g, '(b) No'person'shall'throw, cast or lay any "garbage tato any public receptacle placed upon the streets of the city. by the municipality for the deposit of debris. '(Code, 1966,`§-7.14 4(B) ; Ord. No. 76.2790; §X1,11-25.75),., WJI ' Sea 15.8.. Violations—Notice.. - (a)'If the city determines that any., person is in.violation- of this%chapter, or any -rule, promulgated.: pursuant to this Supp. No. 42IM, '.:. ... .. .i . 1� 985 4t i , a e,clty s determination will become a final order unless an administrative hearing is requested; , P 4166 IOWA CITY CODE (6) Advise what steps can be taken to remedy the violation. chapter, the city may withhold solid waste management sero (d) The notice shall be deemed to be properly served if it ices from that person, may deny or revoke any permit applied I� 11'' 4 is served personally, or if a copy thereof ie sent to the person for or held under article II of this chapter, or may, dispose of by, certified mail, return receipt requested, at his/her, last a garbage container that does not conform to section 15-47 known address. (0rd: No. 75-2790, § VIII(8.1), (8.2); 11- (a) and, (b) of this chapter. 25-75; Ord. No. 79-2958, § 1C, 6-19-79) (b) Notice and disposition of any such determination Sea 15.9. Same—Hearing; subsequent action. made by the city shall be given or made in accordance with. with the enforcement. of any provision of this chapter. or rule the Iowa City Administrative Code, Chapter 2, Article I%, Fv ? promulgated pursuant thereto, mayrequest a hearing thereon; Code of Ordinances. of the city, unless some other section specifies a different notice or disposition, in which case.that, Supp. Na. 42 988 :different; notice or disposition shall be controlling. P , (c) The notice shall.' , (1) Be in writing; (2). State that the city has determined that a !j _.:..this violation of chapter has been found, , (3) Describe the violation in reference, to the applicable ;- ' provisions of this chapter or rules; 'Advise �I + (4) that the person determined to be in violation f may secure an administrative hearing upon such deter= ~ mination by filing a written requestwithin•seven (7), 1 I 1 days after service of the notice with the director of public works of the city;' fi.;, (5) Stateth' , a e,clty s determination will become a final order unless an administrative hearing is requested; P (6) Advise what steps can be taken to remedy the violation. l (d) The notice shall be deemed to be properly served if it I� 11'' 4 is served personally, or if a copy thereof ie sent to the person by, certified mail, return receipt requested, at his/her, last known address. (0rd: No. 75-2790, § VIII(8.1), (8.2); 11- 25-75; Ord. No. 79-2958, § 1C, 6-19-79) Sea 15.9. Same—Hearing; subsequent action. (a) Any person who shall be served a notice in connectionlb with the enforcement. of any provision of this chapter. or rule Fv ? promulgated pursuant thereto, mayrequest a hearing thereon; Supp. Na. 42 988 , '^�•� GAR➢AGE, .TRASII AND REFUSE ¢ before the city manager, or person designated by him/her (hereinafter the hearing officer), within seven (7) days after service of the notice. Such hearing shall be held within area- sonable time thereafter. -All parties concerned shall be notified ! " • ' .i in the manner prescribed in pm•agraph"(b) of this'section of the time and place of the hearing, so that all parties have, an j ' opportunity to respond and present evidence and arguments . - on the issues involved: (b) Following the bearing, the' hearing officer may affirm,. modify, or reverse the city's determination, and issue a final order in the matter. The heating officer shall promptly notify all parties of the decision by personal service or certified mail, return receipt requested. - (c) All of the proceedings pf.the hearing; mcludinfi.noticea and the decision and any order of the hearing officer, shall'be entered in the office"of the city clerk as a matter of public, t record, and kept for at least two (2).years. (Ord.�No1.75-2790, , § VIII(8.3), (89)111-26 75) x � i Sec 15.10. Same—City s right to withhold services ' - If the city makes a final determination that any person has violated a provision of this chapter; or'any: rule promulgated s pursuant to this chapter, it may withhold solid waste manage - q ment services from the premises where that person resides j until the violation is corrected. (Ord, No. 75-2790,. § X, 11- „ Y 25-75) I .. �h l� Sea 15.11. Regulations for newsprint collection. (a); No person may, take the newsprint that has been set out at the location', designatedfor collection within''twenty- four.. (24), hours of, the time designated; for: collection. (b) This section shall not apply to paper drive, by non- profit organizations who advertise a separate newsprint collec- olleo-tion tionand designate a pickup date which is more than twenty- ',,....:.. ... _ _ ( ) gnated for that area by the. four 24 hours from the date designated 1f t , 9YPP. No. 42 987 _ as ■ ■ i' ---------- ---._ IOWA CITY CODE IOWA contractor appointed by the city or on Saturdays. (Ord. No. 77-2869, §§ 2, 3,11.15-77) Editor's note—Ord. No. 77-2869, §§ 2, 3, enacted Nov. 16, 1977, was t nonemendatory of the. Code hence, its inclusion as § 16.11 of this Code is at the editor's discretion. .. Secs. 15.12-15.21. Reserved. t ARTICLE II. COLLECTORS DIVISION 1. GENERALLY. I+ j_ , Seca 15.22 15-28. Reserved. i ; I I r .-. ,. DIVISION 2. PERMIT+` - n Sec 15.29rPermitreguired.- s a , No shall engage in the business of collecting, transport y person ing, processing or, disposing.of solid waste within the. corporate :� limits of the city.without first obtaining an annual permit from j the city; provided, however, that this provision shall not be deemed -. - , •>.- - to apply to employees of the holder of any such permit. No permit shall be required for, the collection, and transportation of earth -, ' - and rock"material from grading: or excavationactivities. (Ord. No. 75.2790, § VII(7.1),11-25.75; Ord. No. 89.3427, § 2, 7-25.89) Sec. 15.30. Application. _ r y Each applicant for any permit required by section 15-29 shall �. state in his application:: `waste a ; . ,.. (1) The characteristics of. solid to be collected,' trans- .. �.'�. <,.ported, processed or disposed; .: (2) Thenumber of solid waste transportation vehicles to be t i operated; t - (3) The, precise location or locations of solid waste disposal facilities to be used; Oman reference–Liwnses and miscellaneous business regulations, Ch. 21. a , ` Supp. No. 42 988 (r i t1 41646 ..IOWA C11'Y CODE " lishment producing solid waste shall provide sufficient ander'—' adequate containers for the storage of all solid waste except ' bulky, rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment, and shall main- tain such. solid waste containers in good repair. (Ord. Na. 2790, § VII (7.4), 11-25-75) ... Sec. 16-46. Same—Occupants to place wastes in; maintenance ' of containers and area. The occupant of every dwelling unit and of every institu- 66nal, commercial, industrial, agricultural or business eatab-: I lishment shall place all solidwaste to be collectedin proper, �• solid :waste containers, except as othernise provided in this it article; and shall maintain such solid waste containers and the area surrounding them In a clean neat and sanitary condition at all times (Ord. No 75-2790, § 111(3.2);,1125 76) r - I Sec: 1547. -Same -Specifications•. (a)Residential. Residential solid waste shall be stored in ; t containers of not more than thirty-five (35) gallons nor less than twenty (20) gallons in capacity. Containers shall be look - as proof, waterproof, and fitteda fly -tight lid and shall be .with properly covered at all times except when depositing waste ' ; therein or removing the contents thereof. The containers shall { have handles, bails of other suitable lifting devices or features. r+• Containers shall be of a type originally manufactured. for resi- dential solid waste, with tapered sides for easy emptying. They, shall, be of light weight and sturdy construction. The ; weight of. any Individual container and contents shall not ex, Geed seventy-five (75) pounds. Galvanized metal containers, or rubber, fiberglass,. or plastic containers which do not be- "" come brittle in cold weather, may be used. Disposable solid containers as approved by the director may also be used waste for storage of residential solid waste. '"`' •• �, ',', (b) Commercial solid waste shall be stored • , .<., r ;Commerc(ul In solid waste, containers as upproved ;by, tlte.;director. The u -^ containers shall be waterproof, leakproof and shall be covered Supp. No. 42 990 i alio I i ! i I GARBAGE, TRASH AND REFUSE 11549 at all times except when depositing waste therein or removing the contents thereof. •. (c) Novo-conforininy. Any container that does not conform to.paragrapbs (a) and (b) of this section must be promptly replaced by an approved solid waste container upon receipt of notice to that effect from the city to the occupant. if not replaced within seven (7) days after receipt of such notice, the container and its contents may, be disposed of by,the city as,: waste ' s`waste. if auoccupant contests. the city's determination that hie/her container does not conform -to such paragraphs; he/she may obtain a Bearing oil the city's determination by + - requesting a hearing in writing upon receipt of the notice. The request shall be made to the director of public works of the I city, and shall be made within seven (7) days after receipt of the notice. Notices for purposes of this section shall be at tacked to the container determined to be in violation, shall be { easily'observable, andshall supply, information as to how s I,' ' +• ' Yt hearing may be obtained. A hearing upon the determination may, be obtained according to the provisions of section 15-9. (Ord No 76-2790, § III(S.3), (3.4), (3.8), 11-25-76) p ..Sealb 48. Same—Location. Residential solid waste containers shall be stored upon private property. Commercial solid waste containers shall be stored upon private property unless the owner shall have been granted writ „ ten, permission from the city to use public property for such '. purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspec- tion personnel. Except as provided in section 15.62(d), commer- cial solid waste containers shall not be placed in the area be. tween the building and the street right-of-way. Also, containers '- located within fifty (50) feet of a street right -of --way must be screened from view from such right-of-way. (Ord. No. 75.2790, § - 111(3.5),11-25-75; Ord. No. 85.3220 §.2(A),1.15.85) _ See. 15.49. Limbs and brush. Tree and bush limbs less than four (4) inches in diameter • r '• ..:. _ and brush shall be securely tied in bundles not larger than \ �I Supp. No. 42 991'. 1549 IOWA CrFY CODE forty-eight (48) inches long and eighteen (18) inches in di- ameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds., (Ord. No. 75-2790, § 111(3.6),11-25-76) See. 15-50. Yardwastes. 1.4 Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes. The weight of any individual container and contents shall not ex teed seventy-five (75) pounds, (Ord. No. 75-2790, § 111(3.7,) 11-25-76) d Sees.% 15-51-15-61. Reserved.. ,' i ARTICLE IV. COLtECTION, TRANSPORTATION .4 AN6DISPOSAL Sec. 1562.'Collectio'n. (a) Residential dwellings. Once per week, as reasonably possi- his, the city shall collect all residential solid waste resulting from the operation and maintenance of single-family, tri-plex, 'duplex, and four.plei;dw6llings� allas derned in the zoning'brdinance, when each dwelling or dwelling unit is located on its own lot with frontage on a public'strect. The director is authorized to adopt regulations pursuant to which the city may contract to provide residential solid waste collection to other dwellings, and the di- rector ie a, to enter into written agreements to collect solid was6D from other dwellings: This residential solid waste collection shall be mandatory, and private collection shall not be allowed. The director may exempt qualifying dwellings from the applicability of this subsection if cent establishment are hetshe rinds that the dwelling and an idjace part of one complex of buildings serving a unified, purpose, and solid waste from the dwelling is being collected along with com- mercial solid waste from the adjacent establishment, Those dwell- ings receiving city refuse collection service on the effective date hereof, and which would not receive such service under the terms Supp. No. 42 992 GARBAGE, TRASH AND REFUSE 11542 of this subsection, may continue to receive city refuse collection service, but if such service is voluntarily discontinued by the owner of any such dwelling, the city refuse collection service shall no longer be available to such dwelling. (b) Collection of appliances, bulky rubbish and tires Appliances and tiresdiscarded from use at: premises towhich collection services are provided by the city will be collected at such residen• tial premises upon prior request and arrangement with the city. The resident at such premises willbe billed for collection and. '. disposal of each such appliance and tire in the amount provided in the schedule of fees, section 32.1.55 of the City Code. (' Bulky rubbish from premises to which collection services are provided by the citywill be collected upon prior request and { arrangement with the city if it does not exceed reasonable limits. tions. ofweightand bulk to be fixed by regulations to be made and promulgated by the director..; ,� •; '(c) Certain wastes not subject to collection. The city will not collect any of the following materials from any premises served 'solid �, V ,; by'city. waste collection service: Vehicle batteries; waste oil; ,. 11. ;' �J or, any, substance or material determined to behazardous or unacceptable for collection by the director. The director may adopt regulations specifying additional substances and materials not subject to collection, and may enforce such regulations after { - they have been promulgated to all premises and persons subject r to city solid waste collection. Vehicle batteries and waste oil are subject to disposal at city _ solid waste disposal facilities as provided in section 15-64. It is prohibited for any person to obtain or attempt to obtain.. •, i' city collection of solid wastes or other substances or materials herein declared not subject to collection. Such violation shall ) constitute either a misdemeanor ora municipal infraction, The - city's costs for retrieving such substances or materials from the collection vehicle or from the disposal Site, and/or for cleaning up the collection vehicle or disposal site, shall be chargeable to the solid waste collection account for the residence where such sub. ... stances or materials were placed for collection.: (d) Tree limbs, yard wastes. Tree limbs greater than four (4) inches in diameter shall be collected as bulky rubbish. Tree limbs Supp. No. 42 992.1 aria 51682 IOWA CITY CODE and yard wastes created by commercial tree service operations or by the clearing of land for construction will not be collected. (e) Times and location of containers for pickup. Solid waste containers, tree limbs and yard wastes as described in sections 1649 and 15-50, respectively, and other solid waste permitted to _ be placed at the curb, shall be placed at'the curb -of the street upon which the dwelling fronts for collection. Placement of solid waste for collection shall occur prior to 7:00 a.m. on the regularly - i scheduled collection day, but shell not occur before 3:00 p.m. on j the day before the regularly scheduled collection day. Containers shall be removed from the curb on the same day collection is made, and returned to a place as near as reasonably possible to the side or back of any permanent building on the property. (Q Responsibility of owner/u_ser for compliance' The owner of -` any dwelling containing two (2),'.three (3) or four (4)'dwelling units shall be responsible for compliance with the provisions of -section 15.62(e). For single-family dwellings, the person who pays I: the solid waste collection fee shall be responsible for compliance with the provisions of section 15-62(e); if no person pays the fee; the owner shall be responsible. (g) Certain premises not eligible for solid waste collection by the city. The city shall not collect any commercial solid waste, except from its own property nor shall the city collect any residential solid waste from "any dwelling units'within a'structure which in addition contains the operation of any commercial, industrial, - institutional, agricultural or other establishment. (Ord. No. 76.2790, § IV, 11.25.75; Ord. No. 79.2958, § 1(D), 6.19.79; Ord. No. 79.2971, § 1, 9.18.79; Ord: No. 85.3220, § 2(B),1.15.85; 86-3284, §2,4-22-86; Ord. No. 89.3427, § 3, 7.2589) .. Sec. 15.63. Responsibility of collectors. (a) Solid waste collectors shall be responsible for the collection of solid waste from the point of collection to the transportation vehicles provided the solid waste was stored incompliance with sections 16-47(a) and (b), 15-48, 15-49 and 15.50 of this chapter. . Any spillage or blowing litter caused as a result of the collection activities of the solid waste collector shall be collected and placed in the transportation vehicles by the solid waste collector. Supp. No. 42 992.2 �! j z_-- GARBAGE, TRASH AND REFUSE 115-64 (b) All solid waste transportation vehicles shall be maintained in a safe, clean and sanitary condition, and shall be constructed, jmaintained and operated to prevent spillage of solid waste. All vehicles used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be an into- gral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is trans- porting solid waste, or, as an alternative, the entire bodies shall ,be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers. -' (c) Permits shall 'not be required for the removal, hauling or . 'disposal of earth and rock material from grading or excavation '.activities; however, all such material shall be conveyed in tight - vehicles, trucks or receptacles, constructed and maintained so that none of the material being transported shall spill upon the. _. public right-of-way. (d)Transportation and disposal ;of demolition and construction . wastes shall be in accordance with this section and section 15.64. - (Ord. No: 752790, § VI(6.1),(6.2),11.25.75; Ord. No. 89-3427; § 4, 7.25-89)' . .. Sec. 1584. Disposal. (a) Solid wastes shall be deposited at "a processing facility or disposal area consistent with all requirements,of city and state law. (b) The director may adopt regulations classifying certain wastes j as hazardous or special wastes and may, pursuant to such regula- tions, prohibit disposal of such wastes at the landfill or require F• _specialhandlingthereof. (c) .Disposal of batteries and waste oil. Persons, firms, or corpo- rations residing or located in Johnson County, Iowa, may dispose of batteries and waste oil from their private or commercial vehi- cles by delivering same to locations approved by the director, provided that such wastes were generated by activities or opera• tions occurring in whole or in part in Johnson County. ■ 1 4 15-64 IONA CITY CODE (d) Disposal of appliances at landfill. Persons, firms or corpora• tions residing or located in Johnson County may dispose of appli- „ ' „ ances at the Iowa City Landfill upon payment of the required fee as provided in the schedule of fees, Section 32.1-55 of. the City I Code, provided that such wastes were generated by activities or operations occurring in whole or in part in Johnson County. Appliances deposited at the Iowa City Landfill in a crushed con- dition, or so damaged as to prevent removal of capacitors or - ballasts, shall be subject to a surcharge fee as provided in the schedule of fees, section 32.1-55 of the City Code. - (e) Disposal of tires at landfill. Persons, firms, or corporations j residing or located in Johnson County may dispose of tires at the Iowa City Landfill upon payment of the required fee as provided in the schedule of fees, section 32.1-55 of the City Code, provided that such.wastes were generated by. activities or operations oc- _ _ curring in whole orifi part in Johnson County. (f) Appliances and tires to be separated from other solid wastes for, disposal: -Appliances and tires may not,be mixed with other solid wastes delivered to the. landfill fer,disposal. Persons, firms, or corporations disposing of appliances or tires atthelandfill shall separate those items from other solid waste materials, and shall deliver and unload them at the sites designated for disposal of such items. .` fg) Disposal of prohibited or hazardous wastes or improper disposal penalties. It. is prohibited for any. person, firm, or corpo-,. ' ration to dispose, or attempt to dispose, of hazardous or prohib- G:, . iced wastes at the Iowa City Landfill in a manner or in a location ''other than that provided by the director pursuant to subsection (b) above.' It is prohibited for any person; firm, or corporation to dispose or attempt to dispose, of appliances or tires at the Iowa - City Landfill. in a manner or ata location other than that pro- r..vided pursuant to, subsections (c) and (d), above. Violations of this - provision, or of regulations adopted by the director pursuant to subsection (b) above, shall constitute either a misdemeanor or a municipal infraction. The city's costs for retrieving such sub- i ..; stances or materials from the disposal site, and/or for cleaning up the disposal site, shall be chargeable to the solid waste disposal r or collection account of the offending party. ' - ,. � ... ! Supp. No. 42 992.4 a.. i ■ - GARBAGE, TRASH AND REFUSE 11565 Repeated violation of this provision,. or of regulations adopted by the director pursuant to subsection (b) above; shall be cause for the city's revocation of the landfilldisposal privileges of an . offending party; after notice and. opportunity for hearing as pro- vided in Chapter, 2, Article IX, Administrative Code, _ sections 2.184 through 2.192. (Ord. No. 75.2790, § VI (6.1), (6.2), 11-25.75; Ord. No. 89-3427, § 5, 7.25.89) Sec. 15-M Fees. ' (a) Residential collection fees The fees for the collection of solid a waste from residential premises shall be as provided in the ached- ule of fees, section 32.1.55. t il'+yz _ er, it r .lir T1{ Ij 1. ♦ 4a4.. .-..'v .' .. ... r Supp. No. 42 993 aflo j 7, 1 - m.+....w••� ee.+�m�.n5.mx�.r,•.nwo.Mrn �-r-,a.-nr-n..-art+�:rn'a!n^.'�v..�.mm"+.�+•nrn�m..^.F.n-o+...nn..w+..+.....R..A....,..nsw.,,�n..w�.see o`y Sec. 92.1-56; Fees or charges authorized in Chapter lb. - r x Municipal Code P SectionAuthorea ' N.ingFee'.Charge `.DescriptionofFee'.'. - -FirseorPenalty - ',- -Charge Fine orPenalty`- �. Charge ]t 16-31 Fee for annual solid w_ asts One dollar ($1.00) per collection vehicle i a r collection permit per year +.. • + Residential solid'weste 7 ` , collection fees Ratea effective for bills 1 Sept. 1 + ,Sept. on or'aiter: .`:1988 ;: .1989• per, dwelling unit, per month' per two roomingunits, per month $6.26, $6.60 Appliance -collection fee, per item rr rti collected "collection $10.90 1 ti t > Tire fee ,r ,par tire collected . $2.00 . r _, -- , 0 4. - ,� (' T Municipal Code 'p . SeclionAuthoria Z o in Fe Char _ g 4 gG Description ofFeg Fine or Penalty Charge Fine or Penalty Charge i Landfill use fee' �. Rates effective: July 1 July 1 Sept. 1, . 1988 1989 1989 City fee (per ton)= .. State fee (per ton) $7.76 $8.00 I " ,> " 1 N ; Total fee (per tan) $1.60 -. $2.00 $9.26 $10.00 - o. � I * , .. ]vhnimum fee m lieu of a. 1 y 'ODtonnage fees„ $1.36` $2.00 �.. Tire disposal fee, per pound, ' l . subject - minimum fee . O 1 �) i .' . . Appliance disposal fee, . `., $0.05' ro }r" w ... fee per item disposed + Appliance disposal fee, surcharge $3.00 r for crushed or damaged item, 3 r fee per item disposed $26.00 Hazardous or special wastes The fee for disposal of hazardous or special disposal fee: wastes shall be the city's actual for cost disposal, as determined by the director. - + vtit,1 1 v. 1 I. ......_..... s x, °it } ry } I I� i Municipal Code +` s SectionAuthoria p ing Fee Charge Description of Feg + + N Fine or Penalty • Charge, Fine or Penalty .Charge I ' 16-66(a).; Deposit fee for combined city- - Residential account: $60.00 per combined i water and/or newer and/or solid residential service for city water and/or, sewer 11 1I ,°- ) I" waste collection accounts and/or solid waste collection service + ` ,16.66(6) ' Delinquency deposit for com- -: z In an amount equal to the average two-month i bind water and/or sewer and/ , billing for the delinquent account +a r on waste collection accounts :. y E 4) (Ord No. 87.3342p$ 1 9.887, Ord No. 88.3380, ✓i 1, 617.88; Ord. No. 89.3414, § 1, 6.16.89; Ord No N 89 3428, § 1; 6 8 89) Ol I) .. m Secs. 32.158-321.82 Reservl 0 z Sec. 32.1.83.° Fees or chargee authorized in Chapter 23. A . l' Municipal Code Section A'othorw tngFee Charge Des cr+ptionofFeG 1 Fine or Penalty Charge, Fine or Penalty Charge I ,,� •, •,; 23.249 Fee for contractor reservation of - meter space (meter hood) $4.00/day A ' Show -up fee charged by tow truck operator $20,00 ......_..... x, °it } ry '� /( � 1 r ti„ �. j I� l � 1 1 1 � '+'>�ke r,� Citi � � f \ � �. � y� (XI � ., � a .� � i 1 /� �/ i� qr o .,. s . �..� _. ii ai Y t c � r; .2 xf �. I I It t�f. Ft !, �r 1-, � ��; �J .f r i I. .., __ 1 t to Municipal Code'. i -P Section Authorir . o ing Fee, Charge - Description of Fee, N'. Fine or Penalty Charge, Fine or Penalty Charge I "' Lot permits, central business district lots Monthly all -day permits = $40.00/month Monthly alhday permits (annual advance { �' Payment) ' $466 00/year , i ., `:, " f Lot°permits all other municipal lots; ( ar , `•-� ,. �,1` i•- , �I , „ .. . ! .. Monthly all -day t '•: ' :. permits Monthly allday permits (annual advance $30:00 /month' y ; `palyment)" " $342.00/year City'employee lot permits ,. .. $16.00/month ; lParking ramps ' .., .. .. r ..... , G. + Hourly parker (Ramps A and B) $0.40/hour a$ -day (Ramp B) ...' $3.20/day : Monthly allday permits (Ramp A) . $60.00/month ' l:Montlil `all da y, y permits (annual advance ., t':.- payment -Ramp A) - �, .- . $670 00/year .. I Monthly alleday permits (Ramp B) $40.00 r r + I416nthly all:day permits (annual advance o r r ntaJ,ti�: �r paymenRamp B) f $466 00/year ' s ft Monthly off hours permute (Ramp B) $29.00/month 1 _ — ,Y ula'f;/, art i, w�..ci, :i .. 'i ',. ,'.... .. .,.. .. _. . .:. ',: .'.: ;t.. r.• v r t(: �a 1I • 1{ The above hourly parking rates for parking ramps will apply to both parking ramps,' I with the exception of cera exiting when a cashier is not on duty. A flat rate of $0.76: , a - shall apply and be deposited at the exit gate: w - I N Ramp A•isthe Capitol Street Parking Ramp, while Ramp B is the Dubuque Street. Parinng Ramp Reissue of lot/stolen permils $2.00/ each reissue 23-279 Penalties for parlung violations: ` Overtime'parkmg $3.00, I r Expired meter $300. f :r -Prohibited-zone `._. .^ ,.. $600 o >jl t' Illegal parking handicapped parking space $25.00, Eo One-hour'restricted zone Civic Center lot $3.00, n ...x rf All other. illegal parking violations thio yua J T ' . chapter o (Ord. No. 87-3342, ¢ 1 9 887, Ord No 88.3380, ¢ 2, 6.17.88; Ord. No. 88.3382, ¢ 16614.88, Ord. No.. �' 88-33-87 ¢ 1, 7.28.88 Ord No 893430, ¢ 1; 9-6-89)' n ry .... Sec. 32 .1.89. Reserved.'.. � i,.. i I k1A {1 1 I .T i `II ly. , a r .... * IC I i .I J :I ZONING 136.4 "' .. vice shops, dry cleaning centers and photodeveloping drop centers, (b)- (1) Balcony.* A covered or uncovered platform area pro. jecting from the wall of a building, enclosed by a rail. ing, accessible from above grade, and not attached to -' the ground. . (2) Basement A portion of abuilding located partially underground, but having three and one-half MQ feet ` - or more of its floor -to -ceiling height above grade. A ' basement is counted as a story for the purpose of height's " . - and yard regulations. - i3) Board of ac(justment, An administrative hearing board - ` created by Chapter 414 of the Code of Iowa. which is.:., authoriied to hear appeals from decisions of the city +� 1 manager. or his/her; designee; or by decisions of the - zoning code interpretation' panel or of the city man• ager when the panel cannot reacha decision and to grant variances and special exceptions. it (4) Boarding houser'A residential building where, in d-ditionto ad- dition toblodging, meals are provided for tenants • �'• not for the public.' (5) Build., To construct; assemble, erect, convert, enlarge, j,' '- 'reconstruct or structurally alters building orstructure. (6) Buildable area.• The area remaining on a lot after the j minimum open space requirement for yards has been .. ., -• met. ': ... (7) Building.• Any structure having a roof and designed or intended for, the support, enclosure, shelter or protec- tion of persona, animals or property..:. + ,.:. (8) Building, detached., A building which is not connected to another building. ' (9) Building area: See' 'ground area." (10) Building coverage• The amount of land covered or per.. mitted.to,be'covered by a building or buildings, usu• ally measured in terms of percentage of a lot. .. ,, (11) Building height The vertical distance from the grade :� a' , •. -; to the roof lino .',•. - .. { (12) -Building lincThe front yard line. '� •"'•' . e � - • : (13) Building official -the city employee designated to an. y A force this chapter. ,, '•�` Supp. No. 42 2481 - n'q o 136.4 IOWA CITY CODE (14) - Building permit: Official certification that a proposed improvement complies with the provisions of this chap- - .ter and such other ordinances as may be applicable. Such a permit is required for new construction and for alteration or additions to existing structures prior to - - commencement of construction. (15)4 Business service, establishment: An establishment pri- morily engaged in rendering services to business es-tablishments on a fee or'contract basis. Such estab- lishments include but are not limited to the following: ! ;. Advertising agencies; consumer credit reporting agen- cies,. mercantile reporting agencies, and adjustment _. and collection agencies; mailing, reproduction, commer- cial art and photography,. and stenographic services; I services to dwellings and other buildings; news syndi- cates; personnel, supply, services; computer and datael _- ' processing services; research and development labors• i i 7y tories; management, consulting and public relations services; detective agencies and protective services; +'. equipment rental and leasing services; photofinishing . , laboratories; and other, es primarily., en - f/•\ in furnishing business services such as bonds- - � .. gaged men, bottle exchanges, drafting service, interior designing, notary publics,packaging andlabeling ser- f vice, telephone message service, water softening ser• vice, and auctioueering service on a commission or fee i basis (see major group of the Standard Industrial !, r Classification Manual).: " (c) (1) Cellar. • A portion of abuilding located partially or 'wholly underground and having less, than three and ,�,r ,,,; • ,_;; one-half (314) feet of its floor -to -ceiling height above grade. A cellar is not counted as a story for the pur- pose of height and yard regulations. - i(2); -Certificate.. of occupancy: Official certification that a .•, 'premises 'conforms, to'provisions ofthis chapter and -such other ordinances as may be applicable and may be or occupied. Such a certificate is granted upon L used completion of new construction or for alteration or ..:. , ..,. + additions to existing structures. i Supp.No.42 2482 a��a I ( ZONING 9364 (3) Child care facility: State licensed or registered facility. - where more than six (6) children are temporarily left with attendants. Any establishment which receives any number of childrenafter10:00 p.m. and before - 7:00 a.m., is defined as'a child care facility and as such is state licensed or registered. '- (4) City: The City of Iowa City, Iowa. (5) Clinic An office occupied by one or more members of a healing profession. (5.1) Clinic small animal• An establishment where the -. pre- vention and treatment of diseases and injuries in small ! domestic animals is carried out by a licensed veteri- narian. For the purposes of this chapter, this defini- tion does not include a kennel: ' Club:'A meeting place of an associationwithrestricted- -' access to the general public controlled by its members, and in: which;property ie actually owned, leased or - i' •? ' held in common for the benefit of its members. For the S,. - " purposes of this chapter, this definition does in. ��'• not elude a fraternity or sorority house. ..: (7)". Commercial recreational uses: Facilities which are used �. s primarily for physical exercise; or culture and which •i " r include but are not limited to campgrounds, courts,' gyms, swimming pools, locker and training rooms, tar... � t i. get_ or shooting ranges, amusement; arcades, and bil• t turd halls. Such facilities do not include massage par• r lora and establishments whichfeature nude dancing. �:.. (8) Commission.-. The planning and zoning commission of Iowa City, Iowa, as created by Chapter 414 of the Code of Iowa and the City. Code of Ordinances. , + •'' , ' (9) Confinement feeding operations: One or more roofed ...; ;. or partially. roofed animal enclosures, designed to con. - ;; _ tain liquid or semiliquid animal wastes and in which - + the maximum number of animals confined time - -; at one exceeds fifty (50) beef cattle, forty (40) dairy cattle, two .. }< <•'. - r'- , ' hundred fifty (250) swine over forty (40) pounds, one , thousand eight hundred (1800) swine forty (40) pounds it ' or less, six hundred (600) sheep, three thousand (3,000) ' - turkeys, fifteen thousand (15,000) broiler chickens or nine thousand (9,000) layer chickens. r Supp. No. 42 2483 r 47{ iso i -- 4364 IOWA CITY CODE - (9.1) Consignment store. A retail establishment engaged in - '+ selling used merchandisesuch as clothing, furniture, books, shoes, or household appliances on consignment. - In association with such stores, merchandise is brought - to the establishment and processed by being marked, - cleaned, sorted, and stored as a major part of the prin. ' - cipal use. Such stores do not include: those selling vs. I ". hicles, auto parts, scrap, or waste. (10) Conversion: Any change of one principal use to an- other principal use... - (11) -Council-• The city council of Iowa City, Iowa J (12)space,unobstructed to the sky, P P - - atgrade n a lot and bounded gr on three (3) or more sides by walls. 1 (d) M. Deck A covered or uncovered platform: area projecting ;, from the wall of a building; accessible at or from above 11.' �•:�. r r grade, and attached to gr ground. - - � (2) : Density,, gross: The number of dwelling units per unit •� -area of land (usallyexpressed as dwelling units per ..' ..acre). (3) 'Development.- Any man-made change to improvedor unimproved property including but not limited to build. I •'� •1-: ings, mining, dredging, filling grading, paving, exca. . < 1 ` vationor drilling operations. 1 9J (4) Developmentally disabled• An P Y y Person who has a die- I: �,..... .._ :.... .:,. , ::... ability attributable to but not limited to mental rater- dation cerebral palsy, epilepsy autism or another sim• ilarneurologicel condition; dyslexia resulting Crom;an , above disability - or a mental or nervous disorder which: _ 'a. disability originates before such individual attains age ., a ,. ,. _:: , - -:. ... •.. eighteen (18), and which constitutes a substantial im- m-pairmentexpected ,! pairment expectedto be long -continued and of inderi• - ! r + r nite duration. ;. (6) 'Discontinuance Whenever a•nonoenforming use is absn• - doned, ceased, or terminated. (6) Dounzoningi Achange in the zoning classification of land to a classification permitting development that is - less intensive or dense, such as from multifamily to single-family or; from commercial.orindustrial to:- Y.. - residential. . Supp. No. 42 2489 41 ) 07m _ j n. ZONING 1364 (7) Driveldriveway: An asphalt, concrete or similar per- rnanent dustfree surface designed to provide vehicular access to a parking area. (8) Dwelling: A building which is wholly or partially used or intended to be used for residential'oecupancy. (9) Dwelling; duplduplexA dwelling containing two (2) dwell- ing units. (10) Dwelling. farm A dwelling located on a farm and occupied by the family which maintains and operates, ownB'or has a leasehold interest in the farm on which the dwelling is located. (11) Dwelling, jour-plex- A multifamily dwelling contain- ing four (4) dwelling units. .... (12) Dwelling, high-rise multifamily. A multifamily dwell. .... .. mg consisting of three (3) or more stories of dwelling units with -- a total.entirely above arade. 4_ ZONING 4361 - . (4) Vehicle, storage of- A vehicle or portion thereof which is parked in the same position for period of forty. eight (48) hours or more. rj;. (w) Reserved.. .� `. W'Reseroed' ' r - (y) (1) Yard: A required area on a lot unoccupied by struc• tures above grade except for projections and the spe, �•, �' i cific minor: uses or structures allowed in such area ' � under the provisions of this chapter. A 1 - yard extends from the grade upward. `.. - ' (2) Yard front- required area a lot between the I' I front yard line and the street (right-of-way line). ,- -. (3) Yard rear: The required area from one side lot line to + another side lot. line and between the rear, yard line. ' and the rant lot line. (,; •� l M. Yard, side The required area from the front yard line ' to the rear yard line and from the side yard line to the t y side lot line n- (fi) Yard line, front:.°A line from one side lotr line to an- �� .other side other'side lot line, parallelto the street,;and as far ra,. ✓ ,4 back from the street as required in this chapter for the - front yard rr' Yard line rear.• A' line parallel to the rear lot line ( `,` 1+ • (' J s ,as-: _ far forward from the rear lot line as required by this ' r + chapter (see "lot line, rear"). (7) Yard line, side: Aline parallel to the side lot line and 11 tj.< { ns far from the side lot line as, required by this chapter. (z).(1), Zone•.-A portion of the city, delineated on the zoning ` "`+. "• ., 'a' : - map in which requirements and development stand-' ards for the use of land and buildings within, above or below the zone are prescribed in this chapter.' (2) Zoning code interpretation panel- A'staf panel desig- nated by the city manager, to interpret the provisions. of the zoning ordinance in such a way as to carry out its intent and purpose. k'.;, r (3). Zoning mapi,The map delineating the boundaries of '- zones which, along with the zoning text; comprises the zoning ordinance. - r; - Supp, No. 42 .r 2501 - aHID § 36.5 _ IOWA CITY CODE (Ord. No. 85-3252, § 1, 9-10.85; Ord. No. 86.3301, § 1, 114-86; - Ord. No. 86-3303,.6 1',� 11.18-86; Ord. No. 87.3321; § 1,%6.2-87; ' - Ord. No. 87.3349,,§1(1)—(4),12.1.87;Ord. No. 88.3366;§1(5), 2.23.88; Ord. No. 88.3383, § 1A, 6-28.88; Ord. No., 89-3412, § 1, 5-16-89; Ord. No. 89.3424, § 1, 7.11-89; Ord. No. 89-3429, § 1, . 8.22.89) .: .� • �. . , Cross reference—Iowa River corridor overlay zone definitions, § 3645; sign s regulation definitions, § 36-61. ARTICLE II. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES i Sec. 365. Interim development zone (ID).. (a) Intent .This zone is intended to,provide. for 'areas of man. aged growth in which agricultural and other nonurban uses of u + land may continue, until such time as the city is able to provide :municipal services and urban'development can take place. Upon I, y prowslon of mu nicipaI services, the city will 'and the property �I ' owner may initiate rezoning of property to uses consistent with y the comprehensive plan:ID designations on the zoning map shall - be reevaluated with each revision of the comprehensive plan. ID ' "designntions`'shall consist of ID -RS (single-family residential), ID -RM (multifamily, residential), ID -ORP (office research park), R '• t > and ID•RDP (research development park) to reflect the intended + use of the property in the future. .-'r(b) Permitled uses. - (1) Farms. I <1 (2) Livestock and livestock operations except livestock feed lots'and confinement feeding operations. (c) Provisional uses. (1) Clubs subject to the requirements of section 36-55. --•�' - -- ' (2) - Farm dwellings provided they are developed in accordance with the dimensional' requirements'of.the RR -1 zone. A --^=• '` " ' �` maximum of two '(2)roomers 'may reside in each farm dwelling. - 1 (3) Livestock feedlots, except confinement feedingbperatione, provided they are ]ocated not closer than one-fourth NO mile to R zone boundary. r-•, - Supp. No. 92 2602 r1\ r J y _ ZONING 4 36-18 (g) Special provisions. (1) Religious institutions which existed on August 7, 1962, may _ expand without compliance with the dimensional re• quirements or the off-street parking requirements: --� (2) Hospitals which existed on August -7, 1962 shall be ex- empt from and may expand without compliance with the dimensional requirements. ' (3) Buildings on Iota that are across the street from RM, C or I 'zones may be increased in height according to the provi_ sions of section 36.70(b) except that as additional front. yard setback neednot . be provided. (The additional side' ` ' and rear Yard setbacks shall apply') However, the mini._ii mum separation between the building and the front lot: line of the lot across the _ street shall be two (2) feet for each - one foot of height. hi'additlon, thetloor area ratio (FAR) _ + may be increased td three (3). (Ord. No. 85.3266, § 2,12.17.85; Ord. No. t �\ 89-3432, § 1, 9-19.89) ' Sec. -36.18. Neighborhood commercial zone (CN -1). (a) Intent The neighborhood commercial�zone (CN -1) is intended to permit the development of retail sales and persona) services " required to meet the needsof a fully developed residential neigh• borhood. Stores in this zone should be the useful to the majority of g neighborhood residentsshould be , economical) supportable Y pportable by nearby populations, and should not -draw community i r -wide wide.- patronage. In general, the CN -1 is intended for the y - grouping of small retail businesses which are relatively nuisancefree to " surrounding residences. The location <<+ h and development, of neigh. I borhood commercial sites should follow the criteria set forth for such sites in thecomprehensiveplan. r (b) Permitted uses . (1). Barbershops and beauty parlors, laundromats, and laun• dry and dry cleaning pickup and delivery services. (2) Drugstores, florist shops a <' p and variety stores. .. .. I '.;.... ,(3).'Financial institutions. .; . (4) .,Grocery stores including specialty food such as bakery and t delicatessen goods. Supp. No: 42 2533. 4 96da IOWA CITY CODE ` (c) Provisional uses. (1) None. :. .. (d) Speciale ceptions. _ (1) Child care facilities subject to the requirements of section 3655. - - (2) - Drive-in facilities for financial institutions, (3) Dwellings located above or below the- ground floor of an- other principal use permitted in this zone, provided that ' the density does not exceedone, dwelling unit one per i thousand eight hundred (1,800) square feet lot of area. A maximum of three (3) roomers may reside in each dwelling unit.. i (4) FiIling stations provided that no part of the filling station 'site 3 } shall be located within one hundred (100) feet of an R' j zone boundary. { i K (5) Public utilities. (6) Religious institutions. ` (7) Restaurants.. r ' ... (8) School—Specialized private instruction.. �I (e) Dimensional requirements..., ` .r. (1) Minimum lot area• None. ' (2) Minimum lot width: None.. Minimum (3) 'Minimum lot fronLage:.Noae: (4) Minimum yards: ' . Front -20 feet.- - ... Side—None:. Rear=None.' (5) Maximum building bulk: •-'. .;, Height -25 feet, :Lotcoverage=None. . :_ .. , , : a:' i Floor area ratio -l. ,....., is t q' Supp. No. 42 2539: {.} a��a , M . . ZONING.. ."...:.. `. , _. . 436.18 `. (A General provisions. All principal and accessory uses permit- ted within this zone are subject to the requirements of Articles III and N, the divisions and sections of which are indicated as follows: (1) Accessory uses and requirements,: See Article 111. a. Permitted accessory uses and buildings: See section 36.56. ,I 1 . I 1! /�.w agay,a. i r •1t rt Y' 4t f i ] r' el Y2K d ex i c iYfF "A-I)A )'t4!4i�F1y1 1 l ' I KI { Supp. No. alt 2634.1 M ZONING 136-22 (2) Schools—Specialized private instruction. (3) Pansient housing." •(e) :Dimensional requirements r • '. (A lot area: None. . ,Iv%iriimum -.(2). Minimum lot.width:100feet. , .. Mtnimual loi frontage: None. ,(4) ' . „ ... .: .. Minimum yards:'- Front-20 feet. Side-None. " Rear-None. I (6) Maximum building bulk: _ Height—None. Lot coverage—None. Floor area ratio-1.' <•' ki ` 7' i` • ' (qGeneral provisions. All principal and accessory uses permit �i--�- ted within this zone are subject to the requirements of Articles III I and IV; the divisions and sections of which are indicated ne „• i follows: ..'.. (1) Accessory uses and requirements: See Article"III. --• - a. Permitted accessory uses and buildings: See section r 3656. b. Accessory use and building-regulations: See section * 3657. O(fstreetparking requirements: See section 36.48._ ry c=aC d. loading requirements. See section 3659. `a,�.� .bt%etreet a. ', sign regulations: See section 36.66: .: f. Fence regulations: See section 36.66. General provisions. See Article IV a. Dimensional requirements:: See Division 1. b.7!ree regulations: See Division 2. C. "Performance standards: Sea bivlslon 3: ,dao d., Nonconformities:,See.Division4. , (g) Special provisions. None..., .. . � i , Supp. No. 42 2543 ��,.. ZONING 6 96.29. (18) Repair shops. (19) Restaurants. .. 4 •` (20) , Wholesale trade and warehouse ` establishments for the goods ' "listed in'the-I-1 zone.. - - - - -(c) Provisional uses. ;., (1) Funeral homes subject to the requirements of section 3655. i (2) Kennels and veterinary establishments provided they are not located within two hundred (200) feet of an R zone... (3) Retailestablishments other than listed .when associated with the uses allowed in this zone provided that not more ' than fifty' (50) per cent of the total ground floor area shall ,be devoted to the retail display of merchandise. - - - (4)Uses engaged in light '(4), , manufacturing, including cc mpound• -- .. ring, assembly and/or processing of articles, provided: ' 'M '� -�_ a;. The floor area of the use'shall �not exceed five thou•'.; }� sand (5,000) square feet (for'purposes of this subsec- tion; t]oor`area doea not include the area'of accessory' `? uses); b.'The lot ion which t6 use is located is not contiguous to a lot with a use owned or operated by, tho same person; _ 'e ')-• _ C. A-person into to establish such use can demon. strata compliance : with the-performance standards of •_ section 36.76 through certification by a registered pro- fessional engineer or other qualified }' person; and d. The following uses shall be prohibited. i - �.,•:� ,,, ;,-.1. 1 Chemicals and allied products; manufacture of. .� 2. Disposal, reduction or dumping of dead animals ' or offal. .I 3. Explosives, manufacture of. � 4. Graineries. • , 5. Iron and steel foundries. '•' - E 6. Leather tanning:' F ' .. 7.. -Meatpacking. ... t 8. , Motor vehicle manufacture. .: '. `+ ' 9.. Oil refining and alcohol plants. 10. Petroleum refining and related industries. ., 11. 'Poultry processing.. SYPP• No. 42 . 2545 iI t� 19&29 IOWA Crry CODE ^ +i 12. Production of stone, clay, glass, including Port- land cement plants and quarries. . ,. .. 13. Radioactive waste storage or disposal. ,•;.. - i 14. - Rubber and plastics, manufacture or. 15.-: Sawmills.. ... - 16. Stockyards and slaughterhouses. 17. Textile mills. .... (d) Special exceptions. I - (1) Adult businesses, such as massage parlors and other aim- . ilar establishments which feature nude dancers or models, - provided they, shall not ,be located within five hundred _ (500) feet of a restaurant or another adult business. j i -• [. (2) Cementitiaus concrete batch/mix plants.- � � �'� 11i (3) Dwellings located above the ground floor of another •' [ , it. - ' prin. -, cipal use permitted to thiszone, provided that the'density does not exceed one dwelling unit per thousand one eight hundred (1,800) square feet of lot area � A maximum of three (3) roomers may reside in each dwelling unit. ; II ` �'. (4) Group care facilities provided that there is at ]east three hundred (300) square feet of lot area for each occupant. # ' (4.5)- Uses engaged in light manufacturing, including compound. rd;, I Y i,• pg, assembly and/or processing of articles, where the floor .� ,. • area far such use exceeds five thousand (5,000) square feet. The use shall not exceed a floor area of fifteen thousand ., (15,000) square feet (for, purposes of, this subsection, floor - area does not include the area of accessory'uses) and shall I .;,� '• - comply,with the provisions oC section 36-23(cX4)b. through i +. ZONING : 136.23 (e)Dimensional requirements. _ (1):. Minimum lot area: None. _. (2) . Minimum'lot width: None. (3) Minimum lot frontage: None. (4)' Minimum yards: a Front -20 feet. Side—None. 4. Rear—None. (5) Maximum building bulk: Height -35 feet. II ' Lotcoverage—None. - -Floor area ratio -1.-- r (t),General provisions. All, principal and accessory, uses per• .'mitted_within this zone are subject to the, requirements of Arti- b else DI and IV, the divisions and sections of which are indicated.�.•,� as follows: ' - sj?`� i (1)Accessory uses and requirements: See Article HI. a. Permitted accessory uses anbuildings: section d buildiS I 3656:., .. ...• ,,,; t�i' c ,' r , b. ; Accessory use and building re lations: See section g gn "- 36.57.... I c. Off-street parking requirements: See section 36-58. + ' d. Off-street loading requirements: See section 36.59. I 'e. Sign regulations: See section 36.60. Fence regulations: See section 36-65. ,j- �` u + ;' > ' t. .. (2) -General provisions: See Article IV. I ,. - a. Dimensional requirements: See Division 1. . ' .- - b. Tree regulations: See Division 2.- ' - . c. Performance standards- See Division 3. d: Nonconformitiesi See Division 4. ,. (g) Special provisions. None. (Ord. No. 87-3357, § 1, 12.22.87; Ord. No, 88.3393, § 1, 104.88; t 5 + Ord. No. 89.3429, § 2, 8.2.89) Supp. No. 42 li .2546.1 s i 136.24 .. -. IOWA CITY CODE\- ^�• i Sec. 36.24." Research development park zone (RPD). (a) Intent.: It is intended that .this zone provide areas for the --. development of ofce, research, produc ' on and/or assembly, and similar uses. office and research uses should be predominant in 1:. I d t y � 1 1 �(1Y F st . i1�h 4i,y ,aA T, I , 3 i n Y' 1U, Ilk v 4r11.+I t ,11rt r1 ! ,t ata............- J I Burp. No. 422546.2 ^ , i 14 1 , i- i, • N 11 -"Mm" i ZONING 436.66 - b. Minimum yards. Two (2) feet of horizontal distance shall be provided for each foot of building height - measured between the nearest point of any lot line and the nearest point from which the height - is measured. (n) Stables. Such structures shall be located at least one thou. sand (1,000) feet from any R zone boundary.. (Ord. No. 87.3349, 4 1(12), 12-1-87; Ord. No. 89.3412, 4 9, 5.16-89) - ARTICLE III. ACCESSORY USES AND REQUIREMENTS See.38.66. Permitted accessory uses and buildings. ' Accessory uses, buildings or other structures customarily inti- dental to and commonly, associated with a permitted,use, provi- sional use or special exception shall be permitted provided they- -� '� " •' are operated and maintained under the same ownership, located ' }. t^ onahe same lot:(except as otherwise .provided),do not include J structures or structural features inconsistent with the uses to which they, are accessory, and conform to the specific require. menta contained herein. Theaccessoryuses, buildings or other_ structures permitted in each zone may include the following: (a) In the ID zone (1) COmmUI11C8t10ntOWerB and satellite 7eCelVmg devices „4 provided their distance from. an R zone is at least equal to the height of the tower. ` ... (2) Fences as regulated by section. 36.65. - (3) Gazebos, enclosed patios and similar buildings for rec- reational use. i r t F(4) Home'oacupation. - „ .. (5) Off-street parking as regulated by section 36.58. ' .; . ,... (6) Private garages. -! (7) Private greenhouses or conservatories. (8) Private recreational uses and. facilities including but r • not limited to swimming pools and tennis courts. (9) Roadside stands for the sale of produce grown on the promises provided that such stand shall not contain f more than six hundred (600) square feet of floor area, Supp. No. 42 2697 , ,4 r i 5 36,56IOWA CITY CODE the stand is located not less than twenty (20) feet from --- a street, and access to the stand is from an entrance to ' the farm or residence: (10)Signs as regulated by section 36.60. (11) Structures for the shelter of household pets, except .. kennels... .. (b) In the RR-1, RS-5; RS-8 and RMH zones: - (1) Communication towers and satellite receiving devices providedthey shall not be located in the area between I--. the s principal building, within the (required) - side yard, nor on the roof of any building. ;.. (2) Fences as regulated by section 36.65. - '. (3) Gazebos, enclosed patios and similar buildings for pas- sive recreational use. (9) Home occupations provided that no home occupation_ shell bel permitted in which there is associated therewith: i s a: Any commodity sold upon the premises except that r j • which is produced thereon or is accessory, to the home occupation conducted on the premises:. b..;;Any disturbance such, as noise, vibration, smoke, dust; odor, heat or glare beyond the confines of the , dwelling unit or accessory building." • ,-'...,. ,....'...... . '....' ' .. c. Any exterior display, exterior storage of materi- ateri- +' �t e.-. �. als, _:.. als,.signs (except as otherwise permitted),, house... - •,t,.. calls after 10:00 p.m. or before 7:00 a.m., or other I 51" x indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes. d. Employees other than those residing on the premises. (5) Horses and ponies and structures for :the shelter of horses and ponies, except commercial stables; shall be - permitted in the RR-1 zone but not in the RS-5, RS-8 and RMH zones. The minimum lot area provided shall - '-- <: •- be two (2) acres for the first horse or pony plus one acre - -. for each additional horse or pony. (6)', Off-street parking for a use. permitted in the zone in which the off-street parking is located, as regulated by ....:; .. .... .. section 36.58: _ Supp. No, 42 2598 1 V\, ZONING 136-56 (7) Private garages. (8) Private greenhouses or conservatories. - (9) Private recreational uses and facilities including but - I not limited to swimming pools and tennis courts. - - - - (10) Signs as regulated by section 36.60. . (11) Storage building for the storage of wood, lumber, gar- dening equipment and other materials and equipment -' exclusively for the use of the residents of the premises .. .. but, not including a storage buildingfor commercial purposes and provided that only one such building "shall be permitted on a lot. (12) Structuresfor the shelter of household pets except - '' • " " kennels. (e) In the RM -12, 118-12, RNC -20, RM -20, RM -44, and RM. • 145 zones. In addition to the accessory uses,included in subsection (b), storage buildings and off-street loading shall �I - -be permitted.. (d) In the C zones: t ,� :For residential uses, the accessory uses included in i �� t '• "subsection(c) shall be permitted.- ' (2); For commercial or manufacturing uses there may be '- L '� any accessory use provided that: -. 'a.' Except in the CI.1 zone, the floor area for storage - and warehousing shall not exceed forty (40) per x , ,'. r., .:... • cent of the total floor area. b.. Fences are erected according to section 36.65. ' c. 'Off-street parking and loading are provided ac- . cording to section 36.58 and section 36.59. 'd:`' Signe are erected according to section 36.60. , '� ' •'" e. -: A communication tower's distance from an R zone equal to the height of ower. shell be at leastl hhihtf the t ` , . (e)' In the ORP, I and RDP zones. There may be any accessory .. : use including but not limited to printing, publishing, de- e-sign,development, sign, development,fabrication, assemblage, storage and warehousing, and child care facilities provided LhaL:. - (1) Fences are erected in with section 3665. < c _ j Supp. No. 42. 2599 I j; , I I M 13656 IOWA CITY CODE (2) Off-street parking and loading are provided as required in sections 36.58 and 36-59. (3) Signs are erected in compliance with section 36-60. (4) A communication tower's distance from an R zone is at least equal to the height of the tower. (Ord. No. 85-3267, § 2, 12.17-85; Ord. No. 88-3399, § 1, 12-13-88; Ord. No. 89-3424, § 2; 7-11-89) Sec. 3657. Accessory •use and d building regulations. (a) Detached accessory uses and buildings. In zones, nes,except as otherwise provided, detached accessory uses and buildings shall be subject to the following requirements: (1) 'Eme of construction. No accessory building shall be con- q ------ --- - strutted prior to the start of construction of the principal building. r, (2) Setback from property lines. Except as otherwise provided, an accessory building shall be separated from lot lines in compliance with the following requirements: a. Accessory buildings,except for roadside stands, shall not be located in a front yard and garages and carports shall be located to provide a minimum twenty _4 -foot length "aisle' between the building and the street ... ... right-of-waylino b. In R zones an accessory building shall not be located closer than five (6) feet to a side lot line or a rear lot line; however, an accessory building may be located to within three (3) feet of a side or rear lot line if it is located at least sixty (60) feet from the street. In an ORP zone, an accessory building shall not be located inn side or rear yard, An accessory building for a zero , "' lot line dwelling shall comply with the above require. menta and shall not be located in the required ten -foot side yard. C. Setback from alley: When a garage or carport is an tered directly from an alley, it shall not he located closer than ten (10)feet from the alley right-of-way line. Supp. No. 42 2600CG I ZONING .. 4 36ZS • (3) Setback from principal building. No portion of an accea. ' sory building shall be located closer than six (6) feet to the principal building. (4) Maximum rear yard coverage. In R zones, accessory build- ings shall not occupy more than thirty (30) per cent of the rear yard area: (6) Maximum height. Accessory buildings and structures shall not exceed a height. of fifteen (16) feet in R zones nor the ' maximum height permitted for a principal building in other .: zones. :. (b) Attacked accessory buildings Attached accessory buildings shall be located pursuant to the requirements for principal build-- ings. Attached garages and carports shall be located on a lot so that a minimum twenty -foot length "aisle"_between the building - and the streettright-of--way line is provided, Sec i 9' .K Off-etreet parking requirements. { When required' or provided, off-street parking andstacking I� j spaces, aisles, and drives shall be provided and, maintained in. 1 compliance with the following requirements: (e) `Required number of off-street parking spaces In all zones, " except in the CB -10 zone unless specifically required, there shall be provided prior to the occupation of a building or ; I{ commencement of a principal use a minimum number of off-street parking and stacking spaces as follows: �• , t 3aPP. No: 42 2601 ;. alio- i L ------------ f i ( ZONING Ism - ing payment of the required permit, fee. In, addition, all - illuminated signs shall be subject to the provisions of the electrical code and the permit fees required thereunder. (2): A separate permit shall be obtained for each sign. ' •'' ' - (3) Only a person holding a valid signl-, erector's license issued by the city may obtain a permit to perform work regulated ' by this section. ,. (c) Permit fees Every. applicant, before being, issued, a sign " permit. shallpayto the city, such fee as shall be established by resolution of the city council. However, any person found to be erecting, altering, �moving, _improving, or converting any sign. ' prior to the issuance of a permit, or who has erected, altered, moved, improved, or converted a sign prior to the issuance of a .. I� ' '.permit, shall be charged double the normal fee: The payment of,? -. - - such double fee shall not relieve any person from full complying Y coin PY 6 1. with the requirements of these regulations in the execution K the work, nor from any other penalties prescribed herein. -.: (d) Permits for iilammated sagna The application for a sign permit in which' electrical wiring and connections are to be'used shall, be submitted prior to issuance of the sign ,permit.•Ther building official or his/her designee shall examine the plans and ,specifications for all wiring and connections to determine if they comply with the electrical code. (e), APPkcation&, Application for a sign permit shall be made upon a form provided by the building official or his/her designee an shall contain and have attached thereto a plot plan withthe fold lowinginformation , (1) Name, address, telephone number, and sign at li• cense number of the applicant. (2), Location of the sign and of the building, structure, or lot on which the sign is to be attached or erected. : (3)'! Two (2).blueprints or drawings of the and specifics. plans tions of the sign with dimensions, notation of materials, the type of construction;' and method of attachment to the ground or building. Supp. No. 42 2647 �w r 1 j IOWA C rY CODE (4) Copy of stress sheets and calculations showing the struc- ture is designed in according in accordance with the Uni- ni-formBuildingCode. form Building Code. + (6) An application for an electrical permit required for an ;. ... illuminated sign. (6) Such other information as maybe required. - (f) Permit issued It shall be the duty of the building official or I. ` + histher'designee,..upon .the filing of an application for's sign .'permit, to examine such application; and if the proposed sign is ' in compliance with the requirements of these regulations and all other laws and ordinances of the city, the sign permit shall then .beissued: (g) Permit expiration. If the work authorized under a sign per- mit has not been completedwithin six (6) months after date of _ ;issuance, said permit shall become null and void: , y : Sec. 3665 Fence and hedge requirements. (a) Location and height. Fences and hedges, when located within a front, side or rear yard or within rive (5) feet of a lot line, shall be subject to the following location and height. requirements:;, (1) No portion of a fence more than ten (10) per cent solid shall 'exceed eight (8) feet in height. (2) Fences, and hedges shall. be located so no part thereof is within two (2) feet of any alley or'a street right-of-way line. At street intersections, no fence or hedge more than two (2), feet in height above the curb level shall be located within a - triangular area, two (2) of its sides thirty (30) feet in length - - '' - - and measured along the right-of-way lines from the point ofintersection.` (4) In R zones"or within fifty (60) feet of an R zone along the . same. frontage,. fences within the front yard shall not ex. ✓ ceed four (4) feet in height., Fences may be constructed } `{'?;'.r within a front yard abutting an expressway or arterial street, as listed or defined in the comprehensive plan, to a k height not exceeding six (6) feet when: :. 9app. No. 42 2648 G ZONING 13645 a. The front yard is within a double frontage lot; or, ` b::The front yard is within a corner. lot and shute the front yard of a double frontage lot. ` (b) Enclosures. Except as otherwise provided, fenced enclosures shall be provided for swimming pools with a depthof eighteen - __ (18)inches,or more and for dog runs and shall be subject to the ... following requirements: -, (1)'- An outdoor swimming pool, the edge of which -is less than 1, t: four (4) feet above grade, shall be'completely enclosed by a -' fence not less than four (4) feet in height. The fence shall -; be so constructed as hot to allow a five -inch diameter sphere ' to pass through the fence: A principal or an accessory ' building may be used as a part of such enclosure. ' (2) All gates or door's opening througli. an enclosure shall be ' equipped:with a self-closing and self -latching devicefor' keeping the gate or door securely closed at all times when - not in actual use, except that the door of any building 1 which forms a part of the enclosure need'not be so equipped It , ,The building official maypermit other protective devices or structures lobe used so long as the degree of protection - - afforded by the substitute device or structure is not less ,. than the protection affoi ded herein.' (3) Dog runs shall be enclosed by fence a of sufficient height and construction to contain the dog at all times. R (c) Barbed wire and electric fences. Barbed wire and electric ,,•: ,.� fences shall be subject to the following requirements:'' ' (1) Barbed wire shall consist of twisted - - wires with barbs on each wire' a minimum distance of four (4) inches apart. Concertina wire shall be prohibited:. - (2) Except for; the enclosure of livestock operations, barbed 1 p , lwire fences skull bepermittod only in a C, I, ORP or RDP zones, provided that the bottom strand of barbed wire shall not be less than six (8) feet above'grade. () ;Ex 3cept for, the enclosure of livestock operations, electric r ,, } fences shall not be permitted in any zone. - S. k + Y Hupp. N6.42 2699 r , alio , y I - i i 4 3665 IOWA CITY CODE -' (4) No electric fence shall carr a charge n y g greater than riventy. rive (25) milliamperes not a pulsating current lower than �._. one-tenth (1/10) second in a one -second cycle. All electric fence charges shall carry the seal of an approved testing - = laboratory. ... " (5) Barbed wire and electric fences shall be prohibited within `' " ' rive (5) feet of a public sidewalk or within four (4) feet of ,.street righ4of-way line where a public sidewalk does not .exist., In the latter case, however, eitherfence may be erected or constructed along, the right-of-way line if the - property owner agrees to move the fence back the required:. + distance within two (2) months after the installation of a public sidewalk. Said agreement shall be processed with - " the application for a permit. ,. (d) Permit required It shall be unlawful to erect or construct or cause to be erected,or constructed any electric or. barbed wire - fence or any fence over six (6) feet in height without obtaining a ; permit. All applications for fence permits shall be submitted to thebuilding official and shall be accompanied by a sketch or �\ i design of the proposed fence and a plot showing the location of '•- JI, _ the proposed fence. ' - Note: The provision in section 36-65 are essentially the same - --1� ••- I . '. as existed in the zoning ordinance prior to the adoption of this 'chapter (Ord. No. 85.3267, ¢ 2, 12.17-85; Ord. No. 89.3431, 5 1, 9-19.89) , ry ARTICLE TV. GENERAL PROVISIONS DIVISION 1. DIMENSIONAL REQUIREMENTS See. 36-66." General. The following dimensional requirements shall be applicable in - ' all zones or in the zones indicated; Sec:3"7.'e ,•. ,. . General ' yard requirements. (a) In an R, zone, lots platted after the adoption of this chapter „-: aiid'abutting, a primary arterial street,, as designated on, the comprehensive plan map, shall have a front yard of forty (40) c1 feet. Supp. No. 42 to q 2650 1, aIle j 1 ■ 1. ®® %/ ', ZONING 43687 Sec. 36$6. Building and occupancy certificates. y' (a) No building or construction may be undertaken in the city - until a building permit has been issued by the city manager or his/her designee for such building or construction. (b) No change in the use or occupancy of land, nor any change of use or occupancy in an existing building, other than for single- family dwelling purposes, shall be made, nor shall any new build. ing be occupied until a certificate of occupancy has been issued by - - the city manager or his/her designee. If a building permit has not been issued prior to the adoption of this chapter, every certificate of occupancyshall state that the new occupancy complies with all provisions of this chapter. No permit for excavation for, or the erection or alteration of, any building shall he issued before an application has. been.. made for a certificate of. occupancy and " compliance, and no building or premises shall be occupied until + such certificate and permit is issued. A record of all certificates of r, occupancy shall be kept on file in the office of the city manager or his/her designee... : (c) A certificate of occupancy may be obtained for nonconform- ing uses. Application for certificate of occupancy for nonconform• + : ing. uses shall be accompanied by affidavitsof proof that such nonconforming use was not established in violation of the zoning - ordinance after July 26, 1962, and before the adoption of this chapter: ` (d) The building official may issue a temporary certificate of occupancy hdela p y wen a yin the planting of trees is warranted, as ` provided in section 36.72(d), or d delay in paving of parking and stacking spaces,drives or, aisles is warranted, as provided in a + section 36.58(6$7). ;. (Ord. 146:85.3260, § 2B, 11.19.85) Sec.:: 3687. Rules of construction for boundaries of zones. (a)' The boundaries of various zones shall be as shown on the . zoning map accompanying and made, a part 'f thio chapter, ex. .. - ce tae ofollo .therwise indicated in ... the . wing rules:. ' . (1) - Where the boundaries of the zones are along streets and alleys, they shall be construed to be along the center lines '0 „�. of such streets and alleys. z Supp. No. 92 2675 y ®® 4 3687 IOWA CITY CODE (2) Where the boundaries of the zones are not otherwise indi- cated, and where the property has been or may hereafter be divided into blocks and lots, the boundaries of the zones shall be construed to be the lot lines and where the zones designated on the zoning map accompanying and made a . part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the zones unless the boundaries are otherwise indicated on the map. - (3) In separate tracts not subdivided and in unsubdivided prop. arty, the zoning boundary lines on the mapaccompanying and made a part of this chapter shall be determined by use of the scale appearing on the map. (b) In interpreting and applying the provisions f th o is chapter, such provisions shall be held to be the minimum requirements - for the promotion of the public safety, health, convenience; com• fort, morals, prosperity and general welfare: It is not intended by this chapter: to interfere with or abrogate or annul any ease. ments, covenants or other agreements between, parties, except \ that if I this chapter imposes a greater restriction this chapter - shall control.:'. ..._ - -- • - - ( r Editor's note—The zoning map hes not been reproduced in the Code; it may be found on file in the city clerk'a ofnee and is also available from o is chapter, such provisions shall be held to be the minimum requirements - for the promotion of the public safety, health, convenience; com• fort, morals, prosperity and general welfare: It is not intended by this chapter: to interfere with or abrogate or annul any ease. ments, covenants or other agreements between, parties, except \ that if I this chapter imposes a greater restriction this chapter - shall control.:'. ..._ - -- • - - (rd. No. 89-3433, § 1, 9.19-89) _ Editor's note—The zoning map hes not been reproduced in the Code; it may be found on file in the city clerk'a ofnee and is also available from ofplanning and program development, the department - Sec. 3648. Amendment of ordinance. .. . , . ,,•- ., .,....: ' (a) The city council may from time to time, on its own motion or r on petition; amend, supplement;'change, modify or repeal by ordinance the boundaries of zones, or regulations, or restrictions herein established; Any proposed amendment, supplement, change, modification or repeal shall fust be submitted to the commission for its recommendations and report. If the a commission makes no report within forty-five (46) days, it shall be considered to have made a report approving the proposed amendment, supplement, ' modification orchaage. Atter the recommendation and report of the commission have been filed, the council shall before enacting S any, proposed amendment, supplement, change, modification or repeal, hold a public hearing in relation thereto, giving notice of Supp. No, 42 - 2676 i ,; 7 1 I fl{ � r Y V. Yh b ?j7 lil/hx � If + rr v yl t t r+ Supe. Na. 42 2676.1 d ��. CODE COMPARATIVE TABLE . Section Ord. No. Acipt. Dow Section thio Code ' .. ,. 18 17.7(v) 19 17.7(y) j d.l 1 21.22 17.6(i))I ' .. 18 17-7(v) I ., .., 19 17.7(X) 21, 22 17.80j) } BB-3386 7-12.88 136.58(eX2)12. 88-3387 7.2688. 1 32.1.63 88.3389 S. 9.88 1 36.19(b)(2.1).. v 1 .88.3392 8.2386 1 r RPId 24.101-24-105,. Added 24.101-24.108 88+3393 10. 488 1 3623(cX4), (dX4.5) 1 883394 _ 11. 188 1 5•1 2 56 ( 3 Rpld - 533 5^1 4 5.41 5.95 1 t s7 rxf:,l 1 1• -:' 8-8. 549-5-52 x - i 10 CIL 5, Art.IE(nole).: Itf 883996 11.1588 1 3652(cX3)6.2, ( S - : '-/ . 883399 12• 1388 I - (cX3)c.2.c. r r 3656(dX2) 894-103 . 2.2888 ' 1 36.15(eX5) ) li `I .• 89.3408 6. 289 2,3 _ . I 8-16, 617. ., lr 893407 5- 2.89 3 844,845 I I 289 2 12.16.894408.5- . I . •. 3-6 12.16 1 5�c5l Mx.�y . ti 69.3409 S. 289 7 2 -1247 '✓ 89.3412 616-891 831, 832, 634 364(nXI),(1.1) }fj 1 2 -� 1 4 36.11(dX1)7410) 5 36.12(cX1)-(11) c:' .. 6 36.13(cXl)-(8) 7 36.14(bXl)-(3) 1 _ . 8 36.15(6X1)-441, 9 36.55(k,1) y 894413 .. 5.16.89 - 1 1588 89.3414 -' ` 5.1689 1 32.1.56 - 2 32.1.73 894415 I- 5.1689 " 1 33.149 Supp. No. 42 r 1 I I ) . IOWA CITY CODE' .Section Ord. No... Adpt. Date Section this Code - - ,-. •r .. 2-4 33.163-33.166... . f - 5 '33.169. 7 93.168 33.167. 9 Rpld 33.154(d), (e) 893420 613.89 - 1 34.73 2,3 34.75, 34.76 89.3422 - 6.27.89 1 23-189 893424 .. ', 7-11.89 1 364(cX3) �`.. 89.3427 '7.2699 116.2' fl 2 16.29 .. .... 3-6.,15-62-15-64. J � 1 89-34288. 899 1 -32,156 89 342 9 8.2299 1 36-0(c364(c)(9.1).l) r r, 2 '36.23(bX6.1) i ' ' 893430 9.699 1 32.163' 893431 9.1999 1 3665(aX4) r ` 899492 9.1999 1 36.17(gX3) Jj , M 4 899439 j 9.1969 1 3697(a) t f( y t ' 4 •... .. :. ":�` l '.1 rt �+l .ate r .. r i;" .. .. .a v a Supe No. 42 2970.2 I RESOLUTION N0, 89-280 RESOLUTION ACCEPTING THE WORK FOR PAVING, STORM SEWER, AND SANITARY SEWER IMPROVEMENTS FOR TY'N CAE SUBDIVISION 5 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications i of the City of Iowa City: Paving improvements for Ty'n Cae Subdivision, Part 5, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer and sanitary sewer improvements for Ty'n Cae ' Subdivision, Part 5, as constructed by Peterson Contractors, Inc. of Reinbeck, Iowa, under construction subcontract to Chael Design & Development Inc. dba Michael T. Evans Construction of Solon Iowa. j , 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. - II - -,-,-' It wasmoved by . Ambrisco and seconded by Horowitz " that, the resolution as read be adopted, and upon roll call there were: J <, AYES: NAYS: ABSENT: t X AMBRISCO r t X BALMER �I 11 R COURTNEY l X HOROWITZ j•' , X KUBBY_ y„ „ f X CARSON X _ McDONALD , I Passed and approved this 12th day of December, 1989. MAYOR ATTEST:nu.� CI CLERK A AS TO FORM I 12 Legal Department � ..yy i Paving improvements"'for Ty'n Cae Subdivision, Part 5, as constructed by Metro Pavers, Inc. of Iowa City, :I ,owa..: x r, wY�1,f 1 ,1 �r Storm sewer and sanitary''sewer improvements for Ty'n Cae Subdivision, Part 5, as constructed by Peterson Contractors ;. Inc. 'of Reinbeck,. Iowa, under construction subcontract to Chae1 Design & Development Inc, dba 'Michael T. Evans ns Construction,of Solon Iowa. I hereby :'recommend that the above -referenced improvements be accepted by the City of Iowa City. Respectfully submi Charles J.: Schmadeke, P.E. Acting City Engineer t > , :t i CIVIC.. CENTER • 410 RAST WASHINGTON STREET • IOWA CITY, IOWA 57110 • 1114) IS11SODO q . r ENGINEER'S REPORT CITY OF IOWA CITY December 6, 1989 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor`and'Councilpersons:-"' ' y .. I hereby certify that the construction of the improvement listed below has been completed in substantial accordance with the plans y ' and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office., Sanitary,sewer improvements for Walden Wood, Part 2, as constructed by Jeffrey Maxwell Construction Co. of Iowa y zti City, Iowa: { r t4 �1 ,au4 ;r I hereby recommend that the above-referenced improvements be accepted by the City of Iowa City. lar rl ..'Respectfully submit ed, ; xt�F l r1 y r r. 9 rrkral•r `I �+* ,< c -.Charles:J.'Schmadeke, P.E. •� r r , y. rl t . g :Actin .City.: Engineer ! � It I 1 ! 1! 1 f v� u CIVIC CI:NTIiR •110 EA ST WA Sill NCTO N STIUiCT • 100.'A CITY. IOH'A 53710 • (719) IS6•5000 { a I _ RESOLUTION NO. 89-282 RESOLUTION APPROVING THE FINAL PLAT OF OAKBROOKE PLACE, A SUBDIVISION OF IOWA CITY, IOWA. ' I WHEREAS, the owner and subdivider, Smith -Moreland Properties, has filed with the City Clerk the final plat of Oakbrooke Place, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following described real estate located in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Northwest Quarter of Section 12, Township 79 North, Range 6 West, of the 5th Principal Meridian; Thence 889004'18'✓ (An Assumed Bearing) along the North Una of the Northeast Quarter of said Northwest Quarter of Section 12, 1305.68 feet, to the Northwest Corner thereof and which Point Is 1305.68 feet, N89023'12"E, of the Northwest Corner of said Section 12; Thence S00"05'48"E, 322.70 feet, to the Southwest Corner of Lot 102 of First and Rochester, Part Three, Iowa City, Johnson County, Iowa as Recorded in Plat Book 30, at Page 60, of the Records of the Johnson County Recorder's Office, which is the Point of Beginning; Thence NB8054'34"E, along the Southerly Una of said First and Rochester, Part Three, 474.00 feet; Thence SO4055'26"E, 1350.72 feet, to a Point in the Centerline of the Right -of - Way of Rochester Avenue; Thence N60028'10"W, along said Centerline, 98.05 feet; Thence N56000'05"W, along said Centerline, 57.32 feet; Thence N51 °12'48"W, along said Centerline, 135.71 feet; Thence N49036'25W, along said Centerline, 203.21 feet; Thence N62037'07"W, along said Centerline, 219.22 feet; Thence N00009'53"W, 48.52 feet, to a 1 -Inch Iron Pipe found on the East Una of the Parcel conveyed by Warranty Deed Recorded in Book 1000, at Page 185, of the Records of the Johnson County Recorder's Office; Thence N00009'53"W, along the East Una of said Conveyed Parcel, and its Northerly projection 522.07 feet, to an Iron Pin with Aluminum Cap found at the Northeast Corner of the Parcel Conveyed by Warranty Deed Recorded in Book 627, at Page 137, of the Records of the Johnson County Recorder's Office; Thence N00"02'0131, along the East Una of the Parcel Conveyed by Warranty Deed Recorded in Book 296, at Page 105, of the Records of the Johnson County Recorder's Office, 201.97 feet, to a 5/8 -inch Iron Pin with L.S. No. 7036 Cap found at the Southeast Corner of Lot 30 of First and Rochester, Part One, Iowa City, Johnson County, Iowa, as Recorded in Plat Book 23, at Page 78, of the Records of the Johnson County Recorder's Office; Thence N00"05'481W, along the East Una of said Lot 30, 166.25 feet, to the Point of Beginning. Said tract of land contains 13.56 acres, more or less, and is subject to easements and restrictions of record. and WHEREAS, a dedication has been made, and the subdivision has been made with the free consent and in accordance with the desires of the owner and proprietor; and WHEREAS, said plat and said subdivision are found to conform with Chapter 409 of the 1989 Code of Iowa and other statutory requirements; and i 1�. �, �. .�� .. , n �•. nl ., 5�. I developed; ID -RS. igious Institution and Single- Last - a h South - ' west - Comprehensive Plan: Land Use - STAFF REPORT i Developmer 2,010. To: Planning & Zoning Commission Prepared by: Monica Moen November fetid y7i 45 -day limitation period: Item: S-8941. Oakbrooke Place. Date: December 7, 1989 I GENERAL INFORMATION: { - Applicant: S&M Properties i 2208 Rochester Avenue Iowa City, Iowa 52245 Contact: John Moreland Phone: 336998 „ .. Requested action: Approval of a final subdivision plat. Ij Purpose: To permit subdividing the tract for 18 ; single-family residential lots. Location: North of . Rochester Avenue, south of Ralston Creek, and east of the lots along 1 ' vt Y Bluffwood Lane. , Size: 13.56 acres.. " :: 11Yr1 Existing land use and zoning: Single-family Residential and Undeveloped I h Pasture; JD -RS. zy I" Surrounding land use and zoning: North - Single-family Residential; RS- 5. a y developed; ID -RS. igious Institution and Single- Last - a South - ' west - Comprehensive Plan: Land Use - 8 dwelling Developmer 2,010. File date: November fetid y7i 45 -day limitation period: January 2, !<< , I { - developed; ID -RS. igious Institution and Single- I i f t 2 i 60 -day limitation period: January 16, 1990. SPECIAL INFORMATION: Public utilities: Municipal water and sanitary sewer services are presently available. r Public services: Police and fire protection and sanitation services will be provided by the City. Transit service is available on Rochester Avenue. Hoover Elementary School will provide primary education to the area. Transportation: Vehicular access to the subdivision is Provided via direct access from Rochester l ` Avenue and a cul-de-sac street which Intersects with Rochester Avenue. G Physical characteristics:`.' The topography of the site ranges from " moderately.. sloping (5-9 ; percent) : to I ,: steeply sloping (1 &25 percent) with much yv. of the site having slopes"of at least 14 s percent. The tract is grass -covered; trees '. line the drainageways: f t ANALYSIS: n `. On November 14, 1989, the City Council approved the preliminary plat of Oakbrooke Place, ar a 13.56 acre, 18 lot single-family residential subdivision located north of Rochester Avenue, ' south of Ralston Creek and east of existing lots along Bluffwood Lane.The subdivider is now requesting final plat approval of this development. The final plat of Oakbrooke Place has been reviewed for its compliance with applicable regulations and with Its conformance with the approved preliminary plat, Plat deficiencies are listed at the end this ` of report. STAFF RECOMMENDATION: Staff recommends that consideration of the final plat of Oakbrooke Place be deferred but that, upon resolution of the deficiencies listed below, the plat be approved. DEFICIENCIES; 1. Obtain approval of all legal documents. The legal' documents should be amended to reflect dedication of 35 feet of right-of-way for Rochester Avenue. Provisions should be 7 ...u, made to include the Ci as a a City p permitted to access a party P and a sa m intain a sewer line to placed within an existing drainageway easement in the southwest ` corner of Lot 102 of I First and Rochester Part 3. 2. Obtain approval of all construction drawings and calculations. I f 3 ATTACHMENT: i 1, Location Map, ACCOMPANIMENT: 1. Final Subdivision Plat - Oakbrooke Place. Approved by: AaldSPmelselser, Director Department of Planning and Program Development My „ r' ! I .. ,l 1!1, it r,li 7x r J 0I f ; n ai�a�ir4l5, , li Y�A'y.. f Aq d . le.JA Ye t,Qr �ryr a+,•••n 5.,pr. .::ai, d. .� f It tt a.a �rtH, b ,. x ! L 4�m MYS�'ijG is ' At1 . lF aar ,Xa� ! { _ LOCATION MAP S-8941 Oakbrooke Place A., XK November 28, 1989 L�U;-LIVUO '4 City Council of Iowa City Iowa City, Iowa NOV 2 8 -1989 P.P.Q. DEPARTMENT . . . . . . . . . . . Dear. Council Members: o 7 I wish, to request that, the final approval of, the plat of,Oakbrooke Place be put on the agenda of the December 12 council. meeting'. .,I am leaving for the holidays on December 15 'and -feel it would be beneficial for me to be present should questions arise. Thank you for your consideration. 1 f old t, V John Moreland Jr. S & M Partners ik i December 7, 1989 DEC P.P.D. DEPARTMENT j To whom it may concern: �. Since neither my husband nor I will be able to attend this evening's meeting of the Zoning Commission which has been scheduled to "discuss" the 18 house subdivision (which is already in the process of being developed) I decided to write you this letter. I know that even if I were able to attend tonight's meeting, it would only prove to be a another source of frustration well as another exercise in futility. It has been very obvious since the first meeting that we attended with the Zoning.Commission, that the project would be approved. The "board mentality" had already been set. I am writing you these thoughts so that they will be a matter of record. l! In the previous meetings held about this subdivision, I i don't..feel that any real consideration was given.to the comments and concerns expressed by concerned neighbors (who have a lot to lose when this subdivision goes in --mainly I�` being forced to witness the rape of an absolutely gorgeous r piece of land which should have been cherished for its 1 s: beauty alone). Rezoning that parcel of land has not been the wisest decision. Because of its sloping terrain, the �! land is not ideal for development. My husband did speak at a previous meeting explaining in detail just how environmentally delicate the land is, how highly erodible the soil in that area is, and how steep the slope on which ( these houses will be built is. As a response to these concerns, he was asked why we should be concerned since our house is not immediately in front of the project. At one of ..the meetings, I understand that one person on the zoning, board had the gall to say that he was bothered and upset to i have to hear about more environmental "roadblocks". Such insane thinking among "planners" is a something about which our city should be very concerned. In order to try to minimize the problem with the slope of the land, what seemed like dozens of graders and earth moving equipment were moved into the area. Tons of dirt was moved in an attempt to y "fill in" the gully. Our house shook and trembled as if we were in a San Francisco earthquake (that lasted for weeks). When we experienced the strong winds that we had this fall, the dirt was blowing in clouds across the land. (Wind erosion). No thought has been given to even attempt to maintain the beautiful environment that now exists in that area (which is a place where lovely homes have been built with space between them). What has been aptly termed as a "mansion ghetto" is spreading into the area (with all the negatives a Ilk j r r city who took_its planning seriously. It is replete wit associated with the term ghetto). $250,000 (and higher) -, homes are being built practically on top of each other. The large and beautiful parks. It''would be nice to think that { subdivision in question is going to allow 18 homesites. that same mentality is still' existenceamong our city. ; (Allow some development, if you must, but use the good judgment and esthetics that one expects of city "planners". Make an attempt to at least maintain the quality of life and quick buck should not be`the purpose of city planners. Such good taste that the current dwellers worked to acquire. In practice will come back to haunt us. other words, allow fewer homes on the site. Of course, like all developers who want to offer the attractive cul-de-sacs, to future homebuilders, no secondary access roads have been Sincerely, provided to the subdivision.All traffic will enter and •, leave from Rochester Avenue (a street that already has its problems because of the high volume of traffic, the speed S J with which people drive by, its curves, and the incorrect 1 banking of the roadway --which has been the cause of Ii I� r multiple accidents in the area of the property in question.) i I was raised in the city of Mllwaukee, Wisconsin. That is a h f+ r city who took_its planning seriously. It is replete wit -, large and beautiful parks. It''would be nice to think that { that same mentality is still' existenceamong our city. ; fathers. Encouraging developers -in their quest for the quick buck should not be`the purpose of city planners. Such practice will come back to haunt us. Sincerely, ' •, J 1 r Joan Lara cc: Karen Kubby r i PUBLIC NOTICE NOTICE OF PUBLIC DISCUSSION t 1 Notice Is hereby given that the Iowa City Council will hold + a public hearing on Tuesday, December 12, 1999, at 7:30 p.m. 4 _ In the Council Chambers, Civic Center, 410 East Washington Street Iowa City, Iowa 52240, to receive citizen comments on the Inclusion Of the Summlt/North Dodge Street Neighborhood i Into the boundaries of the Rental Rehabilitation Program Target 1, -. Ares.Copies of the report discussing the eligibility of the, - SummlUNorth Dodge Street Neighborhood may be reviewed during regular business hours at the office of the City Clerk and the Depanment of Planning& Program Development. Persons Interested in expressing their views conceming the . extension of the boundaries of the Rental Rehabilitation Target Area to Include the Summk/North Dodge Street Neighborhood may do so at the above-mentioned time and place or may i. , address their comments to the City Council, Civic Center, 410 j ±. East Washington Street, Iowa City, Iowa 52240. MARIAN K KARR, CITY CLERK To be published December 5, 1909. - r, Program. ,The attached report details how a survey was conducted within this area and its specific results. Inclusion of the Summit/North Dodge Neighborhood in the Rental Rehab Target Area would also allow for rehabilitation of more two-bedroom rental units as the area <` ' contains a number of two or more bedroom single -family homes and duplexes. We have found it difficult in the past to meet the HUD requirement of rehabilitating mainly two-bedroom homes' or larger, units, as many of the eligible rental units in the City are efficiency and one-bedroom I }; apartments. r The Committee on Community Needs has reviewed and recommended the inclusion of this Summit/North Dodge Neighborhood into the Rental Rehabilitation Target Area. The ;i Housing Commission will review the proposal at its meeting on December 12, 1989. I HUD requires that a public hearing be held to allow citizen Input on the target neighborhood extensions. Subject to comments at the public hearing, Council will be asked to adopt a Resolution authorizing an extension of the Designated Target Neighborhood for the Rental Rehabilitation Program to Include the Summit/North Dodge Street Neighborhood at Its December 19, 1989 meeting. tp3 1 , c , I DESIGNATION OF SUMMIT/NORTH DODGE STREET NEIGHBORHOOD AS A RENTAL REHABILITATION TARGET AREA In February 1989, the City Council asked staff to determine if the Summit/North Dodge Street neighborhood was eligible as a Rental Rehabilitation Program Target Area. Regulations for the Rental Rehabilitation Program require that designated 'target areas" meet the following requirements: 1. The units needing rehabilitation are generally affordable to lower Income families at the time of participation in the program. 2. The units are in substandard condition and warrant rehabilitation, 3. The neighborhood's median income does not exceed 80 of the median income percent for the area. In order to ensure that the Summit/North Dodge area meets these requirements, a visual inspection, a housing characteristics survey, a census Income -data review, and a telephone survey were made of the area The Visual Survey The Summit/North Dodge Rental Rehabilitation Target Area Is detailed on the map shown in ! Exhibit A and Exhibit B. A majority of the housing units appear to be single-family homes with an occasional duplex or three+ unit building Interspersed throughout the area. It is apparent from looking at the exterior of the structures that energy efficient improvements, exterior ! ; painting, and roofing are needed on some properties. The average age of the housing appears to be 30+ years old, suggesting that interior improvements such as heating, plumbing, a and electrical system updates may be needed �d " The Housing Characteristics Survey A survey was made of the housing in the area to determine whether the residences were owner -occupied or renter -occupied. It was found that 72% of the housing units are rental properties. This percentage Includes two larger apartment buildings that contain a total of 44 units; Excluding these units, the single-family, duplex and other smaller residences are 63% renter occupied. The Census Income Data Review The portion of the extension area tying west of Governor Street is part of Census Tract 1, Block Group 2. (Exhibit B, Area #1) According to the most recent census data, this area has a population of 57% low/moderate Income persons. Because the remaining area, oast of Governor, is in a block group that has only a 39% low/moderate income population, it was necessary to conduct a telephone survey of those households residing specifically in that area east of Governor Street, (Exhibit B, Area #2.) �1 f ' 2 i The Telephone Survey i In order to determine the Income of residents of Area #2, a telephone survey (Exhibit C) was conducted by a Planning Intern in this area. These residents were first notified by letter as to the purpose of the survey and provided a brief description of the Rental Rehabilitation Program. Of the 99 households, 54 were able to be contacted over a two week period. The following ! are summarized results: 36 (66%) of the 54 households have incomes at or below the low/moderate income level as established by HUD. I . 29 (506) of the 54 households are renters. 24 (83%) of 29 households that rent housing are of low and moderate Income. 9 (31%) of 29 single family homes are rented i 13 (81%) of 16 duplexes are rented. j� r 38 (70%) of the 54 households surveyed expressed Interest In receiving rehabilitation funds or encouraging their landlords to make Improvements to their rental properties. Discussion of the Survey Results From the information supplied by the telephone survey and the census data, It was determined; ) ` that the Summit/North Dodge neighborhood is Income -eligible and could be included in the Rental. liehabilitation Program Target Area, as over 50% of the residents have incomes below 80% of the median' Income for that area, The Income of the residents and the size, u, ,f appearance, and assessed, value of the properties indicates that rents id the area are r affordable. The telephone survey also suggests that there is an Interest by both renters and property owners in receiving funding assistance to rehabilitate their properties. The visual d Inspection determined that there are properties that are in need of rehabilitation. + it ` Staff feels that the information provided by the telephone survey and census data of the Summit/North Dodge area provides the eligibility and the interest necessary to Include the area In the Rental Rehabilitation Program Target Area. i y� 4 ,+DIY i i I Zl5�i"j -r"4. EXHIBIT A IOWA CITY RENTAL REHABILITATION TARGET NEIGHBORHOODS existing rental rehab areas expanded area I — a � I I i i ] MON ,CHOOL ® s®f<i III C�IIi li i®Ii 81111 ellll: ' •• Am .11: EIIIL '1= BA IAlllo ��Iln 111111 iL' :IIP EIIIIB !1111: alllli VIII: �' ] MON ,CHOOL u EXHIBIT C j RENTAL REHABILITATION PROGRAM SURVEY RENTERS AND OWNER OCCUPANTS 1. Are you the property owner or tenant? i Owner Tenant 2. In what type of building is your residence? Lingle family house Duplex or townhouse . �. Apartment Rooming house 3. How many bedrooms does your dwelling unit have? 4. How many people currently live in this household? 5. What is your household's total yearly Income? (Include Incomes of all household members.) 1 person per 2 ersons p per 3 persons per , I� household household household At or below $12,550 At or below $14,300 -z 4j At or below $20,050 — _ At ar' below $22,900 At or below r+ _ Above,$20,050 _ Above $22,904 A;or below $25,800 _ Above $25,800 } , 4 persons per 5per ersonsI Per 6person., '' household household household At or below $17,900 At or below $19,350 At or below $20,750 _ At or below $28,650 _ At or below $30,450 Above At or below $32,250 $28,650 Above'$30,450 . _ Above $32,250 e.. .: Are there any improvements you would like to see made to, the neighborhood? l I ' 7. If eligible to receive rehabilitation funds to fix up major deficiencies in your home, would: you be ' Interested or would you encourage your landlord to fix deficiencies? up Yes , No x „ •r,L Thank you! f _I , L. I I r �. r WILZ uB' $2, 960, 000 ESSENTIAL .CORPORATE, PURPOSE GENERAL OBLIGATION BONDS," and moved its adoption.` Horowitz' seconded the motion to adopt. The roll was called and the vote was AYES: Horowitz, Kubby Larson x Y '1c,J , } .riF✓ .1.... it 1 � 1 a . McDonald, Ambrisco, Balmer Courtney. sq y .. , NAYS: None. x� Whereupon, the Mayor declared the following Resolution duly adopted: y RESOLUTION DIRECTING SALE OF $2,960,000 ESSENTIAL I CORPORATE PURPOSE GENERAL OBLIGATION BONDS < l received by have been ofortthe at publicpursuasalent bondsguired describedlas�fbids best bid the received is determined to be, the following: j , ry �r s;Qxw p rx $2,960,000 ESSENTIAL CORPORATE PURPOSE GENERAL ,.,: x N,trM• , _....,,, .. OBLIGATION BONDS: Harris Trust and Savings Bank Bidder: NOMPSt TovPqtmentSecuritiesof Chicago Minneapolis and s{ i i `C the terms of rkce said bid being: I �� .Price: S2.949.8OO.O0 Ia orad $1.082.455.00 --Net Cost:• zl tl.:•a' � 5 Nei -Interest Rate: 6.0337% i 'f h4'n, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE OF r 5tli�i CITY, CITY IOWA CITY - IOWA: Section I. That the bid for the. bonds as above set out is herebydetermined to , eived be the best and most favorable bid rec and,. said bonds are; hereby awarded based on said bid. - 41 + Section 2. That the statement of information `w for bond bidders and the form of contract for the ;k�v sr sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the. City. cur - '11' �'", AiILF.IIS,GNLCF.YIIIIIIIYI:ILI:ILIIAI'KII:. SIIn'Il6'AI,I,IIIII: "T, y I AT ORNFYSATIAW MIMpKq, A a�3y�J. ..-1• bw.Lc.ew �Jn V:�ro. n.IF: r :.• :. .. .A.. a y Section 3. That the notice of the sale of the bonds hereto- fore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. := nm:enx WNEY,D011WERX.H.HAVIE.MIITnsni.a,uee wnoeecreAruw.oeaMoieeBdovw :. 40Yw'�i��Jw%GM�.fuiviwnis�4.rw.n: MM .r4��a.:✓:N.o—x�.awv...e rrvFvl.W��h+✓s..n:�.wt.awuu.man..—�......_....�...�.��v.r .uw:u'i..viim..l..�wulGr+nH Y.f 4ilah. l+.t.pl1'4?M :. ;. . 1 • ... Vii. r ..:. � ' ... : '.� • • .:. wrr rA:�: := I° NOTICE OF BOND SALE Time and Place of Sale: The sale of bonds of the City of Iowa Cny, Iowa, will be held at the Council Chambers, Civic Center, In the City of Iowa City, Iowa (the •Issuer"), al 12:00 o'clock ... noon, on the 12th day of December, 1989. Sealed Bids: Sealed bids will be received at the office of the Finance Director as stated above, until the Finance Director declares the time for the filing of sealed bids to be closed. The bids will then be publicly opened at the above place of sale and thereafter referred for action to the meeting of the City Council to be held on the above date at 7:30 O'clock p.m. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, In the principal amount of $2,960,000, to be dated December 1, 1989, In the denomina. tion of $5,000 or Multiples thereof, and to mature as follows: Principal Maturity . . Amount June 1st... $260,000 1991 t , - 300,000 .1992. - 300,000 1993 300,ODO 1994 < 300,000 .1995 v 300,000 1996 .:. . , 300,000 1997 1998 300,000 1999 300,000. 2000 r., Optional RedemmlOn: All of said bonds due after June 1, l 1997, will be subject to call prior to maturity In whole or from time to time In part, In Inverse order of maturity and within a 1 , maturity by lot on said date or on any interest payment date ',`�iV t ` thereafter at the option of the Issuer,. upon terms of par plus ,,.� _ accrued Interest to date of call - IntM: Interest on said bonds will be payable on June 1, 1990, and semi-annually on the 1st day of December ' and June thereafter. Principal and Interest will be payable at the Office of the City Controller, - + Recistration: The Bonds will be Issued In registered form as. described in the official Statement. The Issuer has designated the City Controller, Iowa City, Iowa, as the Initial registrar, a Bltl Secur :,. All bids shall be accompanied by a cenHied. - check or a cashier's check drawn upon a solvent bank doing business. In the. United Slates, In favorof the City, in the amount of $59,200. The good faith check of the successful bidder will be deposited at the time of award and deducted from the purchase price at the lime of closing. If the bidder to whom the bonds are awarded withdraws its bid or falls to -complete ! the purchase In accordance with the terms hereof, the Issuer shall have the right In its sole discretion to elect to treat the bid security either as liquidated damages or as a credit against the Issuer's claim for actual damages occasioned thereby. Checks of unsuccessful bidders will be returned promptly. Form of Bids: All bids shall be unconditional except as provided In this notice, for an entire Issue of bonds for a price not less than 99.1 percent of par, plus accrued Interest, and shall specify the rate or rates of Interest In Conformity to the limitations of the following paragraph. Bids must be submitted on or In substantial Compliance with the official bid form provided by the Issuer. The bonds will be awarded to the bidder offering the lowest Interest cost, which will be deter- mined by aggregating any permissible discount, B any, with the Interest payable by the Issuer over the Its of the bonds in accordance with the terms of each bid presented, and deducting therefrom the premium, If any, stipulated in said proposal. Rates of Interest: The rates of Interest specified In the bidder's Proposal must conform to: the limitations following: 1. All bonds of each annual maturity must bear the same Interest rate. 2. Rates of Interest bid must be in multiples of one- eighth or one -twentieth of one percent. 3. Each rate of Interest specified forbonds of any annual maturity shall not be less than a rate of interest specified for any earlier maturity. Celivef : The bonds will be delivered, without expense to the purchaser at any mutually acceptable bank and trust company anywhere In the continental United States, against full payment In Immediately available cash or federal funds. The bonds are expected to be delivered within thirty days afler the sale. Should delivery be delayed beyond sixty days from date of sale for any reason except failure of performance by the purchaser, the purchaser may whhdraw his bid and thereafter his Interest in and liability for the bonds will cease. (When the bonds are ready for delivery, the Issuer may give the success. ful bidder five working days notice of the delivery date and the Issuerwillexpect payment In full on that dale, otherwise reserving the right at its option to determine that the bidder has failed to comply with the offer of purchase.) Certificate of Purchaser: The Purchaser of the Bonds will be required as a condition of the sale to execute and submit to the Issuer within 15 days after the date of sale, a Cenlgcate in a form satisfactory to the Issuer as to the initial offering price of the Bonds tothe public (not Including bond houses and brokers or similar persons or organizations acting In the capacity of underwriters or wholesalers) at which price a substantial amount of the Bonds (not less then 10% of each maturity) were in fact sold, and certifying that the prices are not greater than as shown on the Certificate and that the prices are not unreasonably low. -7 — i- i i r i i i i CUSIP Numbers: it Is anticipated that CUSIP numbers will be primed on the bonds. In no event will the Issuer be respon- sible for or Bond Counsel review or express any opinion of the correctness of such numbers, and Incorrect numbers on said bonds shall not be cause for the purchaser to refuse to accept delivery of said bonds.. I Lecal Opinion: Said bonds will be sold subject to the opinion I �" of Ahlers, Cooney, Dorweiler,Haynie, Smith & Allbae, I - • Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds .without cost to the Purchaser and all bids will be so conditioned. Except to the extent necessary to Issue their opinion as to the legality of the bonds, the attomeys will not - - examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or state- ments made or furnished in connection with the sale, issuance or marketing of the bonds. The opinion will be primed on the back of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any Irregularities as deemed to be In the I _ .best Interests W the public.41. I By order of the City Council of the City of Iowa City, Iowa r City Clerk of the City of f 4 Iowa City, Iowa 5 6 r 4 { I 3 j � 1 r .. __ ..N EVENSEN DDDGE, INC. ,l.. iFINANCIAL C0 N S U•L i A N TI RESULTS OF SALE $2,960,000 General Obligation Bonds SALE DATE: Tues Ay December 12 1989 City of Iowa Moodv'a• Aae City, Iowa BBI 7 00 BIDDERS ADDRESS YEAR RATE YIELD j j HARRIS TRUST AND SAVINGS BANK Chicago 1991 5.700 5,70% PRICE NORWEST INVESTMENT SECURITIES, 1992 5,70% 5.70% INC. NCNB Texas National Bank Dos Moines Dallas 1993 5,75% 5.75% $2,942,800.00 Mahon, Nugent & Company New York 1994 1995 5.801 5,854 5.801 5,854 NIC Ruan Securities Corporation Chicago 1996 5.90% 5.904 j American National Bank and 1997 5.954 5.95% $1,082,455,00 Trust Company of Chicago Chicago 1998 6.00! 6,054 ' Cronin & Company, Inc, Chicago 1999 6.001 6,101 NIR R.G. Dickinson & Co. Chicago 2000 6.10% 6,200 Securities Corporation of Iowa Chicago c 6.03374 Herbert J. Sims & Co., Inc. Iowa State Hank &Trust Co. Iowa City 1 I fl I FIRST TENNESSEE BANK NATIONAL 1991 5.604 i PRICE I•. ASSOCIATION Memphis" 1992 5,65% 'I 1993 5;70% $2,946,680.00 L p" 1994 5,751 1995 5.804 IC I I 1996 5.854 :/; 1997 5,9o% $1,086,660.00 1998 6.101` 1999 6.20% NIR 2000 6.251 6.0571914 j BLUNT, ELLIS,& LOEWI Clayton'Brown & Associates, Inc. PRICE Chicago Chicago 1991 1992 5.706 Griffin, Kubik, Stephens & 1993 5.75% 5.804 $2,934,093.80 Thompson, Inc, Chicago 1994 5,801 .... ) 1995 5.901 NIC 1996 5.90% u 1997 6.00% $1,090,861.20 1998 6.004 1999 6.004 NIR 2000 6.00% 6.0806% s 222 South Ninth Street, Suite 3800 Mlnnupollt, MN S5402 . 612/338.3535 800/328.8200 800/328-MOOMN : 6/ FA%612/33&72 i ADDRESS Chicago 1991 5.70% PRICE Minneapolis 1992 5,758 1995 5.90% gjg Minneapolis 1993 5,808. $2,943,673,00 '^ 1998 ,6,104 1994 5.858 1999 6.20% NIR St. Louie 1995 5.90% NIC i. Chicago 1996 5.958 1991 5.70% PRICE j Minneapolis 1997 5.95% $1,093,507,00 j Hilwaukee 1998 6,10% 1995 6.00t NIC 1996 6.05% 1999 6.10% NIR #1 1998 6,158 2000 6,208 1999 '6.20% NIR 2000 6.25% 6.0953% i i i i PRICE i . li St. Louie 1991 5,708 1992 5.758 1993 5.80% $2,943,720,00 1994 5.858 - 1995 5.90% gjg 1996 5.958' 1997 6.00% $1,100,585,00 '^ 1998 ,6,104 1999 6.20% NIR 2000 6:30% J' 6.134810% i. E, 1991 5.70% PRICE 1992 5.80% 1993 5.85% $2,939,632,20 1994 5.95% 1995 6.00t NIC 1996 6.05% 1997 6.104 $1,112,469.80 - 1998 6,158 1999 '6.20% NIR 2000 6.25% 6.2010% I ZA27.89A/24 I Balmer, Courtney, Horowitz. NAYS: None. Whereupon, the Ma yor declared said Resolution duly adopted as follows: RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,960,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and 1, WHEREAS, the Issuer is in need of funds to pay costs of acquisition, construction and equippingof se and facilities; improvements to existinCity wage treatment works construction, reconstruction and g.parks; acquisition, r en argement of bridges and culverts; reconstruction and improvement of waterways for the protection of existing Property and improvements within the city; and acquis tinof real. 1 estate for street improvements, an essential corporate purpose, and it is deemed necessary and advisable that General obligation Bonds in the amount of $2,960,000 be issued for said purpose; and M -C A111 1I N- rnn%'F y- I "I W r, 11, PH. I I AYNI F, SM RI 16 A L1,11 1: V 0 RES. #89-284 4 Council Member Ambrisco moved that the form of Tax Exemption certificate be placed on file and approved Balmer seconded the motion. The roll was cailed an the vote was, d AYES: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. NAYS: None. Council Member Ambrisco introduced the following Resolution entitled "RESOLUTION AUTHORIZING . .... ...... AND PROVIDING FOR THE ISSUANCE OF $2,960,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Balmer dopt seconded the motion to a , and the I'll be -In called thereon, the Ij vote was as follows: AYES: Kubby, Larson, McDonald, Ambrisco, I Balmer, Courtney, Horowitz. NAYS: None. Whereupon, the Ma yor declared said Resolution duly adopted as follows: RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,960,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and 1, WHEREAS, the Issuer is in need of funds to pay costs of acquisition, construction and equippingof se and facilities; improvements to existinCity wage treatment works construction, reconstruction and g.parks; acquisition, r en argement of bridges and culverts; reconstruction and improvement of waterways for the protection of existing Property and improvements within the city; and acquis tinof real. 1 estate for street improvements, an essential corporate purpose, and it is deemed necessary and advisable that General obligation Bonds in the amount of $2,960,000 be issued for said purpose; and M -C A111 1I N- rnn%'F y- I "I W r, 11, PH. I I AYNI F, SM RI 16 A L1,11 1: V 0 I WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the ` issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public { sale and action should now be taken to issue said bonds conforming a to the terms and conditions of the best bid received at the advertised public sale: a NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF I _ ,.,.: IOWA CITY, IOWA: ;-..: :,.' •�,�; ; .. t Section 1. Definitions. The following terms shall have the following meansings in this Resolution unless the text expressly or by necessary implication requires otherwise: : (a) "Beneficial Owner" shall mean, whenever used with respect to a_Bond,: theperson in whose name such Bond is recorded IT as the beneficial owner of such Bond by a Participant on the " records of such Participant or such person's subrogee; (b) "Bonds" shall mean $2,960,000 General Obligation Bonds, authorized to be issued by this Resolution; (c) "Cede & Co." shall mean Cede &`Co., the nominee of DTC, - and any successor nominee of DTC with respect to the Bonds; (d)"Issuer" and "City" shall 'mean the City of Iowa City, Iowa; - r (e) "Notice of Sale" shall mean the official Notice of Sale +3 as published on November 15 1989. , (f) Participants shall mean those broker-dealers, banks ' r and other financial institutions for which DTC holds Bonds �. as securities depository; lls (g) "Paying. Agent" shall by the City Controllerorsuch successor as may be approved by Issuer as provided herein and who r shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. � 1 I 1 - 1 y'Fr —7 ^,P :' am.EI15,1:001f:1',U111111'EIL6I1,16tl'\If,ti}1011 A,\LWIF.r: ` , yl , - I ,rY enonvne ni uw xernrnnesdow 1 i (m) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section .2..Levv and Certification of Annual Tax• Other Funds to be Used. (a) Lew of Annual Tax That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to -wit: FISCAL YEAR (JULY I TO JUNE 301 AMOUNT YEAR OF COLLECTION• $520,955 $459,150 $442,050 $424,800 $407,400 $389,850 $372,150 $354,300 $336,300 $318,300 (NOTE: 1990/1991 1991/1992 1992/1993 1993/1994 1994/1995 1995/1996 1996/1997 1997/1998 1998/1999 1999/2000 For example the levy to be made and certified against -8- AIILEIIN, I: WNEY.11011WEILER, IIAI'NIUSAIT11 A A11HEE ATT0NNfYSATLAW MSMMNFY,IOWN the taxable valuations of January 1, 1989, will be collected during the fiscal year commencing July 1, 1990). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1989 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds.Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project 'Fund at the earliest opportunity.' Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct obligations of the United States Government or deposited in financial institutions which are AlILEIIS. CININEI',00116'EILI:II. 11AI'NIE, SMIT118 ALTAIEE i the taxable valuations of January 1, 1989, will be collected during the fiscal year commencing July 1, 1990). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1989 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds.Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project 'Fund at the earliest opportunity.' Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in direct obligations of the United States Government or deposited in financial institutions which are AlILEIIS. CININEI',00116'EILI:II. 11AI'NIE, SMIT118 ALTAIEE r � members of the Federal Deposit Insurance Corporation or the ! Federal Savings and Loan Insurance Corporation ration a 4 p and the deposits in i - which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or FSLIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of 1 the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details. Execution and Redemption. " (a) Bond Details. General Obligation Bonds of the City in the amount of $2,960,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the I �, aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated December 1, 1989, and bear interest from the date thereof, until payment thereof, at the _ office of the Paying Agent, said interest payable on June 1, 7 ' 1990, and semiannually thereafter on the lst day of December and June in each year until maturity at the rates hereinafter provided. r, The Bonds shall be executed by the facsimile or manual ! `. signature of the Mayor and attested by the facsimile or i! manual signature of the Clerk, and impressed or printed with f a2 the seal of the City and shall be fully registered as to both ' principal and interest as p P provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the r registered owner of the Bond. The Bonds shall be inthe K denomination of $5,000 or multiples thereof. The Bonds shall I �I mature and bear interest as follows: Y^}0.Y it FP Interest Principal Maturity Rate Amount June 1st 5.70$ $260� 000 1991 si r 5.70$ 300,000 1992 t 5.75% 300,000 1993 ' F 5.80% 300,000 1994 5.85% 300,000 1995 5.90% 300,000 1996 r �� •• 5.95% 300,000 1997 6.00% 300,000 1998 6.00$ 300,000 1999 r, 6.10% 300,000 2000 •' '' (b) Redemption. Bonds maturing after June. 1, 1997, may be called for redemption by the Issuer and paid before maturity on said date or any interest payment date 7 � , _10_ ttt E AI1L81151:fN7\LI'.IIUI11{Y.ILfaI.IIA1'SIM.,S111'flld AIA.IIf:6 i 1 Ail[rRN[Y6AILAW O[tl MOINEf,gNM /3 S y:Tl 11 thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty dayst notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of Bonds to be called has been reached. Section 6.1. DTC - Recistration, All of the Bonds shall be registered semiannual interest foranyBond Co.,e egisteredinftheD TC. Payment ofname of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or Pursuant to the Representation Letter. Section 6.2. The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books of the city Controller kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of.the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the City, registering the transfer of Bonds; obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the City shall be affected by any notice to the contrar N ith i i and Registrar nor the City shall haveyany e er the Pa responsibilitylor Agent I, obligation to any Participant, any person claimin b own U. ip interest in the Bonds under or through DTC ornanyclal Participant or an ers th registration booksofthe Paying Agent andnot Registrarshownoastbeing 'a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with, respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by nmr .. �. . and Registrar nor the City shall haveyany e er the Pa responsibilitylor Agent I, obligation to any Participant, any person claimin b own U. ip interest in the Bonds under or through DTC ornanyclal Participant or an ers th registration booksofthe Paying Agent andnot Registrarshownoastbeing 'a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with, respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by nmr .. �. . k registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in I place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.7 hereof. Section 6.3. In the event the City determines that it is in I ' the best interest of the Beneficial Owners that they be able to I' obtain Bond certificates, the City may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, L of the availability through DTC of Bond certificates. In such ds will be le in ccordance with serviceshwithnrespect to thenBondsbat anyatimepby giving noticon 6.7 hereof. DTC may determine to discontinue its e to the City and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the, Bonds will be transferable in accordance with Section 6.7 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the City or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the City or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. The execution and delivery of the Representa- tion Letter to DTC by the Mayor, and City Controller, in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor shall deem advisable is hereby authorized and execution of the Representation Letter by the Mayor and City Controller, shall be conclusive evidence of such -12- AIILf:115, COfINF.1',IIOIIISEILF.ILIIAI'SIY.,SlIITIIkALLIIf:F. A" MMEVIIAY AW MSMOWE8.10" a�3s , �1 i kN, approval. The Representation.Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The Paying Agent and Registrar is hereby authorized and requested to execute the same and shall have the same rights with respect to its actions thereunder as it has with respect to its actions under the Resolution. Section 6.7. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.8. The officers of the City are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said General obligation Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other. instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits and other instruments so furnished, including any heretofore furnished, shall constitute representations of the City as to the correctness of all facts stated or recited therein. Section 7. Registration of Bonds; Appointment of Registrar; Transfer• Ownership• Delivery• and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the -13- registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information :I pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate I; ` and maturing on the same date or dates shall be delivered by the Registrar. I If { (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at I ii r the earliest practicable time, on the Registration Books, the L Bonds, in accordance with the provisions of this Resolution. l �; (d) Ownership. As to any Bond, the person in whose „I name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds { ¢ and the premium, if any, and interest thereon shall be made v� only to or upon the order of the registered owner thereof or `I< his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon SFS wy`' such Bond, including the interest thereon, to the extent of v!L the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which, are cancelled by the Registrar 4-:., shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment r ; check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not , presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the t.%'..t ,.. -la- i ' 11'� d111k:II5.ClII13F.1, IIOIIP'F.ILY.II.IL:\1'AIF., ti\11TIlk ALLIII:E y erronxerseruw eweMoluee.row+ 4 I each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated. Destroyed, Stolen or Lost Paying Agent for the benefit of the owner thereof, all i ' liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, destroyed, stolen or lost, the Issuer shall at the request of ' terminate and be completely discharged, and thereupon it 1 Registrar authenticate and deliver a new Bond of like tenor and` shall be the duty of the Paying Agent to hold such funds, - amount as the Bond so mutilated, destroyed, stolen or lost, in without liability for interest thereon, for the benefit of II the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on upon surrender of such mutilated Bond, or in lieu of and his part under this Resolution or on, or with respect to, substitution for the Bond destroyed, stolen or lost, upon filing such interest or Bonds. The Paying Agent's obligation to y•,, with the Registrar evidence satisfactory to the Registrar and hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which reasonable regulations as the Issuer or its agent may prescribe time the Paying Agent, shall surrender any remaining funds so ;+ and paying such expenses as the Issuer may incur in connection held to the Issuer, whereupon any claim under this Resolution therewith. by the owners of such interest or Bonds of whatever nature otherwise than upon full redemption, made in respect of any Bond, shall be made upon the Issuer. " shall be made to the registered holder thereof or to their (g) Registration and Transfer Fees. The Registrar may.+:. ti .... furnish to each owner, at the Issuer's expense, one bond for I each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated. Destroyed, Stolen or Lost i ' Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and` - amount as the Bond so mutilated, destroyed, stolen or lost, in II exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing y•,, with the Registrar evidence satisfactory to the Registrar and Issuer, that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, " shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond 4 to the Paying Agent. -15- nw�rais,rr,mF;r,unmrr:u,t:n, umxu;, s�imi d ni.i.uer: BYTORNLYBBTNW MNMpN[B.Ip I :1 J Section 10. Execution. Authentication and Delivery of the Bonds. Upon the adoption Of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory, for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. I I :1 1I. -17- AiI1.C115, CIN1.CE1',INII11Pf:ILF.I1.IlA1YIF.,5111TIl3 AlA.IIf:E I _••••••: "'•" ••`•• •: •: �.... i>cti:✓n_,O �:i." .�.:brn-..Wnww.u..Aa. .] OEM (6) (6) _% _ (2) _ (3) (4) (5) r r (9) (9a) I h,•nra ��..,� � r _ /_ _ (continued on the .back of this Bond), (11)(12)(13) (14) (15) — _ _/ _ -17- AiI1.C115, CIN1.CE1',INII11Pf:ILF.I1.IlA1YIF.,5111TIl3 AlA.IIf:E I _••••••: "'•" ••`•• •: •: �.... i>cti:✓n_,O �:i." .�.:brn-..Wnww.u..Aa. .] OEM — —(continued)_ I 5. • I 18- r J. :�. f � •:. ljLl I eF .. : I n � l4i_ •ASMKI _ _ nlaens.roma,uounclu:nJlars¢salrcuanw,m:e ATTORNCYI44W IXSMpH[S, NYAM F FIGURE 2 (Back) a/3s F rvbl I1��1t I � .... ..w...M....•... ......w....J.r.n.rw�•........��,....�,�.............�,•.«.....y....+..cn+rrv•st N.m� _. .::Y 5 v!^+Lt'a':+- t 1 a t" J 1 I I ill ) Ihµ•. I+ I • I 18- r nlaens.roma,uounclu:nJlars¢salrcuanw,m:e ATTORNCYI44W IXSMpH[S, NYAM a/3s I � .... ..w...M....•... ......w....J.r.n.rw�•........��,....�,�.............�,•.«.....y....+..cn+rrv•st N.m� _. .::Y 5 v!^+Lt'a':+- t 1 a t" J 1 I ill ) Ihµ•. I+ The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "ESSENTIAL CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: December 1, 1989 Item 5, figure 1 = Cusip # Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal jl I corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for T, value received pay promises to a from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by I. Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (nrincioal amount written out) Thousand Dollars in lawful money j $" n.. of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at -the office of the =„,+ City Controller, Paying Agent of this issue, or its successor, with interest'on said sum from the date hereof until paid at the �! rate per annum specified above, payable on June 1, 1990, and semiannually thereafter on the 1st day of December and June in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This Bond is issued pursuant to the provisions of Section j 384.25 of the City Code of Iowa, for the purpose of paying costs of acquisition, construction and equipping of sewage treatment works and facilities; improvements to existing city parks; acquisition, construction,reconstruction and enlargement of I. bridges and culverts; reconstruction and improvement of waterways for the protection of existing property and improvements within the City; and acquisition of real estate for street improvements, rrr ,I v: —19— AIILmIS.f.00\ES• PORWEILE.11. UPI E. Skims h ALIAMP.. A"ONN"BAT"W MNMOINEG, M This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. i And it is hereby represented and certified that in conformity to a Resolution of the Council of said City duly passed and I I i approved. Bonds maturing after June 1, 1997, may be called for redemption by the .i; Issuer and paid before maturity on said date or any interesta etime source, in whole ortfrom dless any ninverserorder rtoftime inopart, I� inm of maturity and within an annual maturity by lot by thirty days' giving notice of redemption to the registered owner of the Bond. The terms existent, had, done and performed as required by law; that provision has been of redemption shall be par, plus accrued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. taxable property within the territory of the Issuer for the Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by City Controller, the Registrar. Such transfer 1:. on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the due; that the faith, credit„ revenues and resources and all the real form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, w promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for payment hereof, both � principal. and interest; and the total indebtedness registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. i And it is hereby represented and certified that I I i all acts, conditions and things requisite, according to the laws .i; performed precedent to the lawful issue of this Bond, have been I� " And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been I " existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the 1:. payment of the principal and interest of this, Bond as the same will respectively become due; that the faith, credit„ revenues and resources and all the real .j;and personal, property of the Issuer are irrevocably pledged for - the prompt •,�s payment hereof, both � principal. and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. a� IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature its of City Clerk, with the -20- ` 6- Aill,lilll',ffX1SE1'.IXXI11'CILEII.IIAIFlf: allITllk AI,I,IIY,6 •I enoau[n Ar uw xe Momee.wwn ,� MRM MOIR N rr 1 seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by City Controller. CITY CONTROLLER ' j ' By p + Registrar Item 13, figure 1 = Registrar and.Transfer Agent: .,. , ..> City Controller Paying Agent: City Controller t Item 14,. figure 1= (Seal) Item 15, figure 1 = [Signature Block] r City of Iowa City, Iowa f By: (facsimile signature) Ir"i4t Mayor II Attest: (facsimile signature) =j I { City Clerk sib: Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of rrl bond counsel issued as of the date of 'delivery ' I of the issue of which this Bond is a part. " , ?-"A; + '' (facsimile signature) City. Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Information Required for. Registration] ASSIGNMENT For value received, theundersigned hereby sells, assigns and +x, transfers unto (Social Security or Tax Identification No. ) the within Bond and herebyirrevocably ,does constitute and appoint :- �"'"? attorney in fact to transfer the said Bond on the books kept for ` ie3t,`sp {' —21— ' registration of the within Bond, with full power of substitution in the premises. Dated 1• , I (Person(s) executing this Assignment signs) here) ^ i 1 ' SIGNATURE GUARANTEED) IjI,;? t a'•.:`.. IMPORTANT - READ CAREFULLY ` The signature(s) to this Power must correspond with the 1 Hr 1 name(s) as written upon the face of the certificate(s) or bond(s) in ` every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organization of the New York 1+ Stock Exchange„ membersof other Exchanges having signatures bM• h +T Y on file with: transfer agents or by a commercial bank or M�.. trust company.. +,�}, INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER ly Y � I Name of Transferee (s) ,(r I til. U .Address of.Transferee(s) I Ir yY �r,Ytuy Social Security or Tax Identification Number of " Transferee(s) " ar Transferee is a(n): + 2�iSr14", Individual* Corporation Partnership Trust *If the Bond is to be registered in 7 the names of multiple individual owners, the names of all such owners and one address social security ,and number must be provided. J The following abbreviations, when used in the inscription "viw6, u,ha 5 1 ,, . r on the face of this Bond,' shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties I^ <!,•, ` JT TEN - as joint tenants with right of survivorship and not + as tenants in common t L', -22- L e I 1 A111MIS,fUf/\EI',DUIIII'I:ILEII. IIA1'NIE, SMITH AAUREE ,h I ono+rrcve na,woeemowcs,row� n, r i' 11 , - 40. rr ..4 LLfli� in IMc _� l•I Aubuiu"un Constitutes a contract between said City and the purchaser of the Bonds. Section 14. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Additional Covenants Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption. Certificate, which Tax Exemption Certificate shall " ; 6 constitute a part of the contract between the Issuer and the ownersof -the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of -23- AI ILEIIF, fAN7YY.T, IIIIIIIPfa LF.I1, IIAI'A'IF„ R\117116 ALLIl1:f: ATTOBNEYBATEAW MBMOMEY.1 N excess arbitrage profits relating to the Bonds; (e) file such forms, statements and su e re in a timely manner; and (fr)ifndeemedmnecessaryents asaorbadvisabledbynd its officers, to employ and Pay lthee attorneys and other persons toassist iinnsuch advisors, compliance. Issuer Section 17. Amendment of uo tution to M + « + j Exemption. This Resolution I may be amended without theconsentof any owner'of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with the respect to Bonds under applicable Federal law or regulations. Section 18. qualified Tax—EKg innt Obligations. Purpose of qualifying the Bonds "Qualified For the sole as Obligations" pursuant to the Internall Revenue CodeEpt ofmthe United States, the Issuer designates the Bonds I. as qualified tax-exempt obligations and, represents that the reasonably anticipated amount of tax exempt_ governmental and Code Section f 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. ' Section 19. Re1.ict+na Resolutions or ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.' PAS SED AND APPROVED this 12th 1989. day of December yor II. ATTEST: I i 1 ,J, r -24- elu.ens,Comex.mmreacaIurnles1ImYceu.aee i enonarnw+uw aeuwntow I _ _ ..... 43/3S I i \ 1, 'i CIG -3 4-85 _ CERTIFICATE j ` - STATE OF IOWA ) J 1 SS COUNTY OF JOHNSON 'Y I, the undersigned City Clerk of Iowa City, Iowa, do hereby F certify that attached is a true and complete copy of the portion f the corporate records of said Municipality showing P Y g proceedings i of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which " proceedings remain in full force and effect, and have not been ; amended or rescinded in any way; that meeting and all action01{ I� ,! thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely; served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the; public and clearly designated for ',that purpose at the principaloffice of the Council " l (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of ' Chapter 21 Code of Iowa upon reasonable advance'notice '.to the tt public and �media 'at least twenty-four hours prior.,to the,.com- ^+ mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated r therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or; the right of ,. � l.��tk•k S.w ^t fit a the individuals named therein as officers to their respective r positions. WITNESS my hand and the seal of said Municipality hereto affixed this 12th day of ➢ecemh r , 1989. .M . City Jerk, Iowa City, Iowa SEAL a ' '� 4: nm,r:ns,raxnra•.twnnru,eu.name,x�mnenr.i.urr: 'L' tl, , AM"N[YS AT ". O[ 8 M W NE9. KtM ai3.5 ; , Posted: 12/8/89 3:00 p.m. ORIGItJ�L (This Notice to be posted) i NOTICE AND CALL OF PUBLIC MEETING j, I Governmental Body: The City Council of Iowa City; Iowa. Date of Meeting: December 12, 1989 Time of Meeting: 7:30 p.m. Place of Meeting: Council Chambers, Civic Center, Iowa City, -; Iowa. � PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned I �) governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $2,960,000 Essential Corporate Purpose General Obligation Bonds.' - Resolution directing sale. - Resolution authorizing the issuance. 1 q. Such additional matters as are set forth on the addi- tional 11 �I' page (s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code Y of Iowa, and the local rules of said governmental body. City Clerk, Iowa City, Iowa (m) "Treasurer" officer as shall succee With respect to the rec hereunder. Section 2. Lew an to be Used. (a) Lew of ) providing funds to Bonds hereinafterE levied for each PM' on all of the taxak k AMOUN / L mean/he City Treasurer or such other t'the/Same duties and responsibilities .ng Znd payment of the Bonds issued 'fication of nnual Tax: Other Funds al Ta . That for the purpose of the p ncipal and interest of the orized be issued, there is hereby year the following direct annual tax P i Iowa City, Iowa, to -wit: FISCAL YEAR JULY1 TO JUNE 30 YEAR OF COLLECTION: 1990/1991 1991/1992 1992/1993 / 1993/1994 Y 1994/1995 i $ (h) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of i the Bonds. 1996/1997 (i) "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. $ 1997/1998 ` (j) "Representation Letter" shall mean the Representation Letter from the City and the Paying Agent and Registrar to DTC,. with respect to the Bonds. (k) "Registrar" shall be the City Controller of Iowa City, r' Iowa, or su successor as may be approve by Issuer as provided - herein and w shall carry out the dutie prescribed herein with �. respect to mai tai P nin a re istrar o 4 4 f t owners of the bonds. 1999/2000 Unless otherwis specified, the Re( r shall also act as ,',, r ( Transfer Agent f the bands. (NOTE: For example the levy to be made and I' ti (1) "Tax Extion Certificate% shall mean the Tax Exemption Certificate execute by the Treasurer and delivered at the time of issuance and deliver of the Bonds, ;..^ (m) "Treasurer" officer as shall succee With respect to the rec hereunder. Section 2. Lew an to be Used. (a) Lew of ) providing funds to Bonds hereinafterE levied for each PM' on all of the taxak k AMOUN / L mean/he City Treasurer or such other t'the/Same duties and responsibilities .ng Znd payment of the Bonds issued 'fication of nnual Tax: Other Funds al Ta . That for the purpose of the p ncipal and interest of the orized be issued, there is hereby year the following direct annual tax P i Iowa City, Iowa, to -wit: FISCAL YEAR JULY1 TO JUNE 30 YEAR OF COLLECTION: 1990/1991 1991/1992 1992/1993 / 1993/1994 1994/1995 $ 1995/1996 1996/1997 $ 1997/1998 1998/1999 - 1999/2000 (NOTE: For example the levy to be made and certified against ..f- AIILF.ILS,(:(gXHllp"1111'EII&ILIIAYT'IP,SIIRIISAIA,IR:Y, fi %." 1 '' I .I AIIOMNFYBATU.W MSMGMlJOWA a /Af �` i a k members of the Federal Deposit Insurance Corporation or the ttt Federal Savings and Loan Insurance corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or FSLIC or its equivalent inone shall continuouslyuccessor secured by anvalid pledgelal of directution obligationsbof the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on y3 the Bonds as he*n provided. Section 6. Bon Details Execution and Redemption. a B o d I ( N General Ob li in the amount QQation Bonds of the City 60,000, shall belissued pursuant to the provisions of 384.25 of the C ty Code of Iowa for theaforesaid purpe Bonds shall be designated "GENERAL OBLIGATION BONated December�l, 1989, and bear interest from thereof until r payment thereof, at the office of the ent, said i/nterest payable on June 1,1990, and semihereafter/on the 1st day of Decemberand June in eau it maturity at the rates hereinafter it"='< <, provided. r The Bonds shall be ex cuted by the facsimile or manual signature of the Mayor and tested by the facsimile or manual signature of the Cl� and impressed or printed with the seal of the City and Aa be fully registered as to both principal and interest as pro 'ded'in this Resolution; principal, interest anqQ/premium, if any, shall be payable at y' the office of the.PayjAg Agent h 4 y mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,960 or multipl s thereof. The Bonds s mature and bear in Brest as follows:hall i r� Innate t Principal Maturity Amount ii June 1st $260,000, 1991 300,000 1992 300,000 1993 300,000 1994 300,000 1995 _ ":%, •i 300,000 1996 300,000 1997 F 300,000 1998 5 300,000 1999 it 300 000 ++ r 2000 , (b) Redemption. Bonds maturing after June 1, 1997, may be called for redemption by the Issuer and paid before v�J � maturity on said date or Y an interest payment date ' -10- i r v; � ' nw,tats.maser.unntteu,en.u,usie.sturusai.i,usr. """ ` r ennnxrrn •.��w oreraoixrsdowu5 j I (:,1 6 Clerk RESOLUTION NO. 89-285 RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE CITY MANAGER �. TO EXECUTE A PURCHASE AGREEMENT AND COVENANT WITH MONTESSORI SCHOOL OF IOWA CITY, IOWA, FOR THE PURCHASE OF A PORTION OF A LOT ADJACENT TO RENO PARK. 1 WHEREAS, Montessori School of Iowa City, Iowa, operates a montessori school at I 502 Reno Street in Iowa City; and WHEREAS, the house and lot at 510 Reno Street, located between the Montessori i School property and the Reno Street Park, recently went on the real estate market; and WHEREAS, the Montessori School did propose that the City and the School jointly purchase said property, to allow for an expansion of the Reno Street Park and to allow an expansion of greenspace and playspace for the Montessori School, which proposal has received the favorable recommendation of the Iowa City Parks' I and Recreation Commission; and { •WHEREAS, a Purchase Agreement and Covenant has been prepared, providing for the h I) City's purchase of the North one-half of said property, providing for the �� I sharing of expenses in connection with said purchase, and providing mutual covenants regarding future use of the respective portions of said property; and WHEREAS, this City Council has been advised and does believe that it would be ` in the best interests of the City of Iowa City to purchase a portion of said property for park purposes. I ,: NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY i' OF IOWA CITY, IOWA, that the Purchase Agreement and Covenant attached hereto and made a part hereof is hereby approved as to form and content. { AND BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said Agreement for and on behalf of the City of Iowa City, Iowa, and to carry out the terms of purchase therein provided. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES:. NAYS: ABSENT: I X Ambrisco X Balmer X Courtney X Horowitz _X Kubby X Larson McDonald _X Resolution No. 89-285 Page 2 Passed and approved this 12th day of December 1989. i R ro a t Form ATTEST: L IT CLERK Legal Department I I I7 Z1A ! „fit Jir v:.: ;.nx u,: ... .i!4 � r•F 4 l 1 a H quiV.Y. I r BOOKJO982511 r.:: , , r� Y This AGREEMENT, made and entered into this _,X day of , i�.�.„ lar 1989, by and between the City of Iowa City, Iowa (hereafter "the City"), as Purchaser, and Montessori School of Iowa City, Iowa (hereafter "Montessori School'), as Seller. Witnesseth: Whereas, Montessori School of Iowa City, Iowa, has purchased a house and lot on property legally described as The South fifty (50) feet of Lot Eleven (11) in Irish's Extension of Woods Addition to Iowa City, Iowa, which property is located between the Montessori School on Lot 10 to the South thereof, and Reno Street Park to the North thereof; and Whereas, the City of Iowa City has agreed to purchase the North half of said property from Montessori School of Iowa City, Iowa, for and in consideration of the purchase price and covenants hereinafter provided. Now, therefore, the parties hereto covenant and agree as follows: 1. COVENANT OF TITLE. Montessori School covenants that it is the fee owner of the real estate described in the j preamble hereof, that it is lawfully seized and possessed of said real estate, and that it has a good and {awful right to convey same. g Ii 2. AGREEMENT TO SELL AND PURCHASE. I i� Montessori School, in consideration of the City's agreement to pay the purchase price ' and covenant as hereafter provided, hereby agrees to sell and convey, and the City, " in consideration of the covenants herein made by Montessori School, hereby agrees to purchase, the following -described real estate situated in Johnson County, Iowa, to wit: { The North twenty-five (25) feet of the South fifty (50) feet of Lot Eleven of Irish's Extension of Woods Addition to Iowa City, Iowa, 7, Y hereafter referred to as 'the Property." 3. PURCHASE PRICE, PAYMENT AND POSSESSION. The purchase price for the Property shall be $17,500.00. Upon the City's execution of this Agreement, the City shall pay to Montessori School the sum of $1,750.00, as earnest money, pending Montessori School's performance of the remaining provisions hereof and delivery of a Warranty Deed for the property. The balance of $15,750 shall be paid to Montessori School upon performance by MontessortSchool of all provisions herein. All amounts shall be payable to Montessori School at Iowa City, Johnson County, Iowa The City shall be entitled to title and possession of the subject Property as of the date of settlement. 4. STATUS QUO MAINTAINED. ' The Property, as of date of this Agreement, In Its present condition, will be preserved and delivered intact at the time possession is given. i I 5. ABSTRACT AND TITLE. t Montessori School shall promptly deliver an abstract for the Property to the City for examination and/or continuation. The abstract shall be continued to date and shall show merchantable title in Montessorl School in conformity with this Agreement, Iowa t: law and Title Standards of the Iowa State Bar Association. Said abstract for the 000k]098 2 l 5 Property shall be returned to Montessori School on or before the date of settlement provided, however, that the City and Montessorl School shall share equally in the expense of creating an abstract for the City for that portion of the property being purchased by the City. All abstracting and/or title curative work, Including the procurement of and payment for the release or relinquishment of liens, encumbrances, or other interests, shall be the joint financial responsibility of and shall be shared equally by the City and Montessori School. 6. TAXES. Montessori School shall pay real estate taxes for the current year (1989), pro rated to date of possession, and any unpaid taxes thereon payable for prior years. The City shall pay any taxes not assumed by Montessorl School and all subsequent taxes before same become delinquent. Whoever may be responsible for the payment of said taxes, and the special assessments, it any, each year, shall furnish to the other parties evidence of payment of such Items not later than July 15 of each year. Any proration of taxes shall be based upon the taxes for the year currently payable unless the parties state otherwise. 7. SPECIAL ASSESSMENTS. t Montessori School shall pay all special assessments which are a lien on the Property on the date of this Agreement. 8. RISK OF LOSS. Loss or damage to the land, buildings or improvements thereon, and liability therefore, shall be at the risk of Montessori School until possession of the Property is given to the City. 9. DETERMINATION OF BALANCES OWED - RELEASE OF LIENS AND ENCUMBRANCES. I' " ' In the event the property Is subject to a lien, Montessori School shall furnish the City with a statement or statements, in writing from the holder of such lien or Interest, + showing the correct and agreed upon balance or balances owing to, each such lienholder or equity holder, or releasing or relinquishing the lien or interest therein. ' 10. USE OF PURCHASE MONEY. I It is agreed that at time of settlement, funds of the purchase price may be used to pay taxes, other liens and to acquire outstanding Interests, if any, of other parties. " 11. DEED. Upon payment of purchase price, Montessori School shall convey the Property to the City by Warranty Deed, free and clear of all liens, restrictions, and encumbrances. 12. CiTY COVENANT. In the event the City proposes to sell the Property for use by others, the City shall afford Montessori School a right of first refusal to purchase the Property, Including other adjacent City -owned park property, if required, at the same purchase price which the City has established or has been offered for the Property. In the event Montessorl s School proposes to sell the south twenty-five (25) feet of Lot Eleven In Irish's Extension , of Woods Addition of Iowa' City, it shall afford the City a right of first refusal to purchase said parcel at the same price which it has established or has been offered for said " parcel. q I , i j 3 13. MONTESSORI SCHOOL COVENANTS. For and in further consideration of the City's purchase of the Property, Mont essori i' School covenants and agrees, for and on behalf of itself, its successors and assigns, as follows: (a) Montessori School agrees that it will use the South twenty-five (25) feet of Lot 11 in Irish's Extension of Wood's Addition to Iowa City, Iowa, as greenspace or playspace for the Montessori School, and that it will not construct any structure, f: fence, or plantings on the South twenty-five (25) feet of said Lot 11 without the t consent of the City Council of the City of Iowa City; and (b) Montessori School agrees that, to the extent it uses or allows the use of the property herein purchased by the City, or Reno Street Park property, for play or educational activity by children during their attendance at Montessori School, it will indemnity, defend, and hold harmless the City, its officers, agents and employees, from and against all claims, losses, debts, demands, suits or judgments for property damage or bodily injury to any person, including death directly or indirectly resulting therefrom, occurring or arising from use of City property as hereinabove provided. DEMOLITION OF STRUCTURE. Upon completion of the closing and conveyance of the Property to the City, the parties agree that they will jointly undertake the demolition of the structure now located on the South fifty (50) feet of said Lot 11. The City agrees that it will secure a contract for the demolition of said structure, that it will supervise the demolition effort, and that it will pay one-half (1/z) of the cost of demolition, provided, however, that the City's share of demolition cots shall not exceed $2,500. Montessori School agrees to pay one-half the cost of demolition of said structure, provided, however, that in the event that the total cost of demolition exceeds $5,000, Montessori School shall pay all demolition costs in excess of that amount. TIME IS OF THE ESSENCE, Time is of the essence in this Agreement. REMEDIES OF THE PARTIES. a. If the City fails to timely perform this contract, Montessori School may forfeit it i as provided in the Code, and all payments made shall be forfeited or, at Montessori School's option, upon thirty days written notice of Intention to accelerate the payment of the entire balance because of such failure (during - 1, 1 which thirty days such failure is not corrected) Montessori School may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Montessori School fails to timely perform this contract, the City has the right to have all payments made returned to it. r a The City and Montessori School also are entitled to utilize and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust or guardianship, this contract shall be subject to Court approval, unless declared unnecessary by the Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter on for hearing for Court approval. (In that event the Court Officer's Deed shall f be used.) i 1 ( i i DATED: i 18. CONTRACT BINDING ON SUCCESSORS IN INTEREST. fThis Purchase Agreement and Covenant shall constitute a covenant running with the land, shall be recorded, and shall apply to and bind the successors In interest of the respective parties. 19. CONSTRUCTION. Words and phrases herein, Including any acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, ' according to the context, j 20. OTHER PROVISIONS. J i i DATED: 1�0 CITY OF IOWA CITY, IOWA, PURCHASER LEGAL DEPARTMENT By. \ Stephen J. 64kins, CL tyXanager .. STATE OF IOWA ) )SS: JOHNSON COUNTY _ y On /3 ' this day of /J6CP.-m 73EtR before me, a N k. 104 ,V7,4 a Notary: Public in and for the State of Iowa, personally appeared Stephen J. Atkins, to me personally known, and who, being by me duly - . swam, did say that he is the City Manager of the City of Iowa City, Iowa; that the seal affixed ' ;`• ^ to the, foregoing Instrument is the corporate seal of the corporation; and that the instrument .' was signed and sealed on behalf of the corporation, by authority of Its City Council, as F contained in Resolution No. passed by the City Council on the a_ day of and that Stephen J:, Atkins acknowledged the execution of the Instrument to be his voluntary act and deed and the voluntary act and deed of the corporation, ' by it voluntarily executed. x''s4 otary Public in and for the State of Iowa r § `�Gr v k 4 Noi AR�A�- MONTESSORI SCHOOL OF IOWA CITY, IOWA, AN IOWA CORPORATION, SELLER Patricia Hanick Executive Director s , .j4.. 8008109$ i::: 2ri8 „I.. _. C21 I d ENT: CORPORATE ACKNOWLEDGEM t STATE OF IOWA ) F ) SS ' JOHNSON COUNTY ) 1 19 Zi , before me, the On this yL_ day of Uc in and fo the S Pub 'tate of Iowa, personally undersigned, a Notary - I appeared Patricia H sworn, did say that s i corporation executing procured - by) (thee corporation; that said a�4 eal--fffixed--4hereta--s--the--aeaI--e€) the of the corporation by Patricia Hanick Instrument to be the v 'authority of its Board of Directors; that by it and by her volun acknowledged the execution of the oluntarty act and deed of the corporation, and executed. y , 3 i l of Iowa rr I I 5 t --he tarily d ENT: i { ' a 1 19 Zi , before me, the Uc in and fo the S Pub 'tate of Iowa, personally - I anick to me known, who, being by me duly i I 5 t --he tarily d ENT: i { ' a 1 19 Zi , before me, the Uc in and fo the S Pub 'tate of Iowa, personally anick to me known, who, being by me duly he is the Executive Director of the foregoing instrument; that no sea] -has-been a�4 eal--fffixed--4hereta--s--the--aeaI--e€) the instrument was signed (and-andon behalf 'authority of its Board of Directors; that acknowledged the execution of the oluntarty act and deed of the corporation, and executed. tary, Public iYf and for the State of Iowa Ijr i NOTARIAL AL �r A t � S 1q, , ` n r �'K14 ,.. t. (. V p 1j is 2 i Property shall be returned to Montessorl School on or before the date of settlement provided, however, that the City and Montessori School shall share equally in the expense of creating an abstract for the City for that portion of the property being purchased by the City. All abstracting and/or title curative work, Including the f procurement of and payment for the release or relinquishment of liens, encumbrances, ?' or other Interests, shall be the joint financial responsibility of and shall be shared equally by the City and Montessorl School. k 6. TAXES. ' Montessorl School shall pay real estate taxes for the cur nt year (1989), pro rated to npaid taxes thereon pa ble for prior years. The City date of.possession, and/or shall pay any taxes not ad by Montessori Scho and all subsequent taxes before f E same become delinquenoever may be respon ble for the payment of said taxes, i and the special assess, if any, each yea , shall furnish to the other parties evidence of payment of ems not later the July 15 of each year. Any proration of taxes shall be basethe taxes for a year currently payable unless the I parties state otherwise 7. SPECIAL ASSESSMENT Montessori School shallll specs assessments which are a Ilan on the Property on the date of this Agre. 8. RISK OF LOSS. Loss or damage to the llldings or Improvements thereon, and liability therefore, shall be at the risk of Morl School until possession of the Property is given to the City. 9. DETERMINATION OF BA OWED - RELEASE OF LIENS AND ENCUMBRANCES. it _ In the event the props is subject to a Ilan, Montessori School shall furnish the City with a statement or tatements, iqq writing from the holder of such lien or Interest, showing the corn and agreed Upon balance or balances owing to each such 1 , holder, or releasing or relinquishing the lien or interest therein. Ilenholder or e7at 10. USE OF PURCE MONEY. It is agreed theme of settlement, fun s of the purchase price may be used to pay taxes, other l ens and to acquire outstand g Interests, If any, of other parties. - t 11. DEED. 1 Upon payment of purchase price, Montessori chool shall convey the Property to the i - a City by Warranty Deed, free and clear of all Ile , restrictions, and encumbrances. a 12. CiTY COVENANT. In the event the City proposes to sell the Props for use by others, the City shall ` afford Montessori School a right of first refusal to purc ase the Property, Including other 't adjacent City -owned park property, If required, at the ame purchase price which the S Ci�' has established or has been offered for the Pro rty. In the event Montessori i ` School proposes to sell south twenty-five (25) feet of of Eleven in Irish's Extension } of Woods Addition of Iowa City, it shall afford the City a ri t of first refusal to purchase said parcel at the same price which it has established o has been offered for said ' parcel. 9� ' Zi �.I i The MONTESSORI SCHOOL of Iowa City 502 RENO IOWA CITY, IOWA 52245 Mr. Terrence L. Timmins City. Attorney Civic Center 410 E. Washington Iowa City, Iowa 52240 319.338-9650 November 27, 1989 Dear Mr..Timmins: Thank you for sending, the revised Purchase Agreement and Covenant for 510 Reno Street. The revision of paragraph thirteen' a is unacceptable because the Iowa Licensing Standards for Child. Day Care Centers states that "premises used for outdoor play... shall be fenced off..." ` - -- - - -- Business Director Enclosures. rpt 1�. P.S. ;I _ Please change the name on the Purchase ,Agreement` (page 4) from "Cheryl Maxine { t .17 (, Whiting"' to mine.' AECFIVED. NOV 2 i 1989 i.£GAL DEPARTMENT i I j _..N_._._. ....... I i i I 1 1 � I P�AV67LILAlb S y r syv� .i.yv^ � I 1' •� .. � r .- ` Ir RiFIvo .5reEET n/Ele-113oAlllooD ,S/o 17/FN) S7�EET 4- ,. 4 x/37 f: RESOLUTION NO. 89-286 AND BE IT FURTHER RESOLVED that the City Manager is hereby authorized to enter into an amended agreement with the Iowa Department of Natural Resources for an Energy Conservation Matching Grant In the now remaining amount of 1 > '' $53.954.27. ' 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED AGREEMENT WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR AN ENERGY MANAGEMENT PROGRAM MATCHING GRANT' WHEREAS, the City of Iowa City continues to realize significant financial benefits through its efforts to conserve energy in all City operations, and WHEREAS, the City received a refund of $67.018.06 in 1984 from Iowa -Illinois Gas and Electric Company resblting from prior overcharges associated with rate increase requests, and WHEREAS, The City Council had previously committed these funds to be used for energy conservation efforts in City government operations, and WHEREAS, the City negotiated an agreement with the Iowa Energy Policy Council in 1985 whereby the City received matching funds in the amount of $94,590 for various energy conservation projects to be undertaken, and WHEREAS,, it is in the interest of the City to continue to participate in this grant 1' i program g y h ro ram which has resulted in the conservation of energy resources and significant energy cost savings for the Cit and I �! f ., t WHEREAS, the Iowa Department of Natural Resources has assumed administrative .'- responsibilities for this grant and wishes to update the original agreement, which amended agreement is attached hereto. and made a part hereof, by deleting those portions which have reviously been completed by the City, and p a WHEREAS, the remaining element, specifically the Energy Savings Payback Fund > , ii'program, will continue under this amended agreement consistent with the terms of the original grant agreement. Yi NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, i E ' IOWA, that the amended agreement with the Iowa Department of Natural Resources I regarding the Energy. Management Program Matching Grant be and the same is s +c` hereby, approved as to form and content. AND BE IT FURTHER RESOLVED that the City Manager is hereby authorized to enter into an amended agreement with the Iowa Department of Natural Resources for an Energy Conservation Matching Grant In the now remaining amount of 1 > '' $53.954.27. ' 1 I I i. Resolution No. 89-286 Page 2 It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: f X Ambrisco i g Balmer X Courtney !j X Horowitz —x Kubby X Larson -x McDonald Passed and approved this 12th day of December 1989, h I err AYOR rvr Ap r a to For 41 ! r ATTEST:'221aw�ia..n n.1n� ✓. J ��✓T/� I ,, CIT LERK Legal Department+ , , f I 1 , f i, IOWA DEPARTMENT OF NATURAL RESOURCES Grant Contract No.: 90-4000-01I Amount: $53,954.27 Grant contractor: City of Iowa City Contract Officer: Stephen U. Atkins Grant Contract Title: Energy Saving Payback Fund Copy 1: Department ' DNR Project, Officer: Frank McNiff Copy 2: Contractor Time of Performance; September 15, 1989 to June 30, 1992 Submit Claim voucher to: Pam Brown 'IowaDepartment of Natural Resources Energy & Geological Resources Division Wallace State Office ! Building, Des Moines, Iowa 50319-0034 ,. 515/281-7031; 1 :. Issue Payment to: - City of Iowa City a Civic Center 410 E. Washington St. i 11 Iowa city, Iowa 52240 (319),356-5000 f The Contractor agrees to deliver all supplies and perform all services set forth in the attached Special Conditions, for the consideration stated herein.. The rights and obligation of the parties to this Grant Contract shall be subject to and governed by the Attachments, the Special: Conditions, and the General' Conditions. To the extent of any inconsistency between'the attachments, Special and General Conditions, and any specifications or'other conditions which are made a. part of this Grant , Contract by reference or otherwise, 'the Special General Conditions' and:the . shall control.` To the extent of any inconsistency between the Special and the General Conditions, I shall control. special Conditions 1 L BpECIAL CoNp _ __ V 8 ARTICLE 1. ZDEliTIFICATION OF PaR i RTIES AND nq E m IThis Grant Contract is entered into b owartmenta City (hereinafter heand Contractor)handitthefIIowa Department of. Natreferred to as tural Resources (hereinafter referred to as the ).to complete a revolving loan project titled, Ener Payback Fund (hereinafter referred to as the Project), 9Y Saving 1.1 Revolvin City departments may borrow means a monetary fund from which the various i be paid back out Of avoided fuel ycost. for energy conservation measures to I' ARTICLE II. DESIGNATION OF OFFICIALS I� 2.1 Deoar+' --=vim• The -Director of the Department is the official authorized to execute any changes in, the terms, conditiot. phi ns, or ,'amounts,; specified in this Grant Svanoe is designated to negotiate on behnlftofcthe Department and;' subject to the approval of the Director changes to the Grant Contract. make any 2.2 Contrac* or. The Contractor officer authorized to execute any it changes in the. terms, conditions, or amounts specified in this Grant Contract is as indicated on the title page of this Grant Contract. l2.3 Kev vorsonne� for the Contr ctor James Schoenfelder ARTICLE TIME O_ FpBRFORwar, v ' I The Contractor shall commence work on beginning date and complete' Contract tasks b the Grant Contract on the forth `on: the title 'page of this. Grant .Contracthe andundez•ate, as set Performance ,�� unless changed b "Time of months prior to completion, the contractorwwillesubmit86aent. the Department for use of these funds after this contract a Three proposal to ARTICLE Iv. expires. QTATEHENTOg This contract is entered into to close out contract 86-6400-23 titled "The Demonetrntion of Iowa City's Energy Management Program" and to continue operation _.of the revolving loan, fund for financing city government energy'conservation measures E this contract, ( CH e) established under • 3 I P/3 p i i ARTICLE V. SCOPE OF WORK 5.1 The contractor will design and establish an internal revolving loan fund.to finance energy conservation measures in public facilities. The internal (City of Iowa City) revolving loan fund will be started with Department (formally Council) funds ($69,340) to be matched equally by the contractor (not to exceed $61,135 in hard match and $8,205 of in kind services) Any interest that accrues on the funds must be utilized for additional energy improvements identified in the engineering analyses. The revolving loan fund must include monthly documentation of energy avoidance savings, calculations to determine repayment to the loan fund, and BTU savings/equare foot/degree day. A detailed Plan for the internal revolving loan fund will be submitted to the Council for approval by November 15, 1985. Future loan; investments from the revolving loan fund will be used for energy improvements for public facilities until the time that all energy improvements (within the financial capability of the revolving loan fund) with seven (7) years or less payback have been complete. The revolvingloan require the commitment of city department eadsr program will ' At the and of seven years (1992) and if conservation measure projects with a ssven •all energy year imply payback have been "completed, the revolving fund may be used a conger I` to (1)' fund energy conservation measures with ' payback period using the same financial model as established earlier; (2) provide loot or cost shared energy conservation grants" to city departments;' or (3) design an alternative local government conservation program. Only,the Department's (formallythe Councils) funds and the contractor's original II S contribution Plan will be subject to this long-range , ($61/ 135 plan. The must be submitted for approval by the Deit p annual reports must be, Department until 1995. filed with the ARTICLE VI. RILESTONE9 �., On October 1, of each year, the Contractor will submit an annual report describing each project receiving a loan, performance of each information. The', contractothe r willYmalsoent a rovide and other pertinent pending'ECNls to be financed in the coming yeara brief . overview of ear. I i i ARTICLE VIZ. REFoRT9 4 II i 7.1 The Contractor shall submit three (3) copies of a final report, describing the activities performed and the results obtained together with supporting data. This report shall identify specific areas -of interest and concern such as problems, other appropriate applications, and special requirements. The final report shall be, submitted no later than June 30, 1990. The report shall include information as described in Article IV, Scope Of Work. 7.2 The Contractor shall furnish the Department (formally the Council) a detailed & documented description of all costs and expenses for the to date for the project by June 30 and 1987. of 3986 7.3 The contractor will submit to the Department annual energy ' conservation measure report covering all buildings•that have had. capital improvements. The reporting will ".'continue through 1992 to enable the Department to assess the revolving loan.fund impact. 7.4 The Department shall review and comment on' all reports submitted by the "Contractor within twenty(20),.working y after,- fter the -Department's receipt of the :rports.w�Failureato reply -within the allotted time constitutes approval by ahs Department: +I:' •'�' iii ARTICLE.VIII. REVIER� The observe• Department or its advisors shall have the right to review and at any ',time, II, Project. completed work or work in progress on the r -. ARTICLE IE, FDNDIN6 - ` 9.1 The contractor agrees to perform the project in conformance with this contract. 9.2 Deaartment o! Fn 'Anerova�, gy Funding for this Grant Contract is subject to the continued financial support of Iowa'e State Energy Conservation Plan by the U.S. Department of Energy. If the Department of Energy discontinue■ ,the current level of funding of the plan, this contract may be terminated in whole. or in part by the Department. , 5 I . GENERAL CONDITIONS ' "General Conditions shall all be subject to Iowa Code Chapter 28E." Sectio-Entire_Acreem_nt This Contract with all attachments and references constitutes the entire Agreement between the Department* and the Contractor with respect to the subject matter hereof, and the Contractor acknowledges - Into the that it is entering Contract solely on the basis of the terms and conditions herein contained and not in relianceupon any representative statement, inducement or promise, whether oral or written, not contained herein. Section 2,0 Amendment The' Department or the Contractor may initiate an amendment to this i 'Contract.: Any amendment is effective only if in writing and agreed -to by the . Department and the -Contractor. .'.The amendment shall be effect! date itis;agreed upon, unless otherwise veee.of the . . specified do the. amendment.. , ,{ i Sectlo� 3;0 pvailabili_ it I 'All information end data obtained by the Contractor in the Contract be shell connection with made available to the Department..; Such: information data shall become; the ' and necesanry for'en pr°party of the Department. except that which is, y patent or copyright'purposes'Of the Contractor. * Sectlon4.0 Assumption of Risks and Liabilities - Tha Contractor shall assume all risks and liabilities. in .the performance " connection with .of -the. Contract and 'shall' be responsible for all ..claims, demands, actions: or causes action 1 of of whatever nature or character arising I out of or by reason of. the execution 'performance "herein. or of the work provided for 'The Contractor shall indemnify and hold harmless the Department, its eniployeea,.agents,or representatives, and the state of Iowefrom..ell.clelma, demands, actions; or. causes of action, and shall be responsible for attorney.fees; costs and expenses incurred by the Department, ita'employeal Magenta or representatives and the employees, state of Iowa, except to the ea by the state of Iowa. Section g,0 .Transfer of_W__ork I: The Contractor shell not transfer or assign any pert or portion of the work onthe he Contractor without the prior written consent of the Department. Section 6.0 Review of Work +d ' The' Department sbalI have the right to review and observe, at completed work or any time, work in progress on the Contract. r. *Iowa Department of Natural Resources _6' , Section 7.0 Publications 7.1 A.. All of the Contractor's reports and publications pertaining to work performed under thin Contract shall contain the following statement on ! the credit sheet: "This (material) was prepared with the support of the U.S. .'Department of Energy (DOE). Grant No..,� However, any opinions, findings, conclusions or recommen- dations expressed herein are those of the author(s) and do I not necessarily reflect the views of DOE." B. The Stevens Amendment requires that "all grantees receiving federal funds clearly state both the percentage and dollar amount of the total cost of, a project or program which will be financed by federal money in any statements, press releases,.requests.for proposals, bid solicitation and other documents describing projects or programs fundedin whole or in •part with 'Effective - federal money. immediately." 7.2 The Department reserves the right to publish the reports once completed by the Contractor and delivered to the Department. Written and oral !; releases are. considered to be within the context- of publication 'rights =so reserved.by`the 'Department. The Contractor shall not publish interim reports I, without prior writtencconaeni of the Department. I �• 7 3 Nothing in thin section shall be construed to limit the rights of 1 .I the Contractor to publish the data or information in scholarly or professional journals as long as *any copyright to be obtained Is not, prejudiced thereby. ' There shall be pro -release of data or findings connected.with this Contract '. .: in scholarly or professional journals or through public presentationsor news media until the Contract is completed, unless prior written approval for' such I release', hes been given by the Department. Contract completion is defined ." herein as termination of this Contract., j 7.4 All reports, interim and final, published.by either the Contractor .. ,' or the Department, will give credit to the other party's participation in the Contract. , ' 7.5 Neithnr the Department nor the Contractor shell use the name of the other for advertising, promotional, or publicity purposes without the prior L written consent of the other. Section 8.0 Accounts and Records 8.1 The Contractor agrees to maintain books, documents, and other i rl records pertaining to all costs and expenses incurred and revenues acquired during this Contract to the extent and in such detail as -will properly reflect alY'coste, direct and indirect, of labor, materials, equipment,. supplies and services, and other costs and expenses 'of whatever nature for ` which reimbursement in claimed. The Contractor shall be prepared tosupport charges�I. for salaries and wages by time, attendance and payroll records. 8.2 The Iowa Department of Natural Resources, State Auditor, U.S. Department of Energy, and Comptroller General of the United States, or any. of their duly appninted representatives, shall have access for the purpose of i I' c, Costs incurred prior to the effective date of the Contract; audit and examination to any .books documents a .�. p pars and records. of the. Contractor which are pertinent at all reasonable times duringthe period of P retention provided for in ere have P paragraphs 8.3 P 8 P , 8.4, and 8.5 below. and shallheve .the right to make copies of excepts or make other transcriptions thereof,. ' subject to the provisions of 199 Iowa Administrative Code. Section 1.9 and Iowa. .. .., Code Chapter 22. 8.3 All records in' the possession of the. Contractor pertaining to this Contract shall be retained by the Contractor for a period of3 three ( ) _ years „ ,beginning with the date upon 'which the final 'payment under this Contract is .:issued:Records-for.nonexpendableproperty -acquired under this Contract shall .. be .. fora three -(3) year period after the fina11 disposition of the .,., .' propetained property..... � _ 8.4 Records relating to any litigation or claim arising out of the performance of of this Contract, or costs or expenses of this Contract to which exception.has been taken as a result of inspection or audit, shall be retained by the Contractor until such litigation, claim, or exception has been finally settled or until the three (3) year period has expired, whichever occurs later. _.._ - 8.5• The Contractor, is maintaining Contract expenditure accounts and r reco{da, and reports; shall make any,necessary.:adjustments.to reflect refunds, credits,-underpnyments' or overpayments, as well as:any 'adjustments resulting -from ,I E Any .'admin i.straiive' reviews and audits by the United States or by the state of Iowa'pr.by the. Contractor. Such adjustments shell be set forth'in the financial reports filed with the Department. Section 9.0 Allowable Costs S 9.1 Allowable costs are specified under the Approved Budget of this Contract. .Allowable costs are subject to audit under the principles defined in Office for Management and Budget (OMB) Circulars A-87, A-102,A-110,`and ,. - - 9.2 ' Indirect coats shall be allowable at a predetermined rate specified in the Approved Budget of this Contract. Indirect costs rates, if applicable, shall, be: determined according to the principles defined in Office Management` and Budget (OMB) Circulars A-87, A-110, A-122, and DOE Financial Assistance Rule 10.CFR 600. . " i Section 10.0 Unallowable Coate 4 j The following coats are unallowable under this Contract: j a.. Legal expenses'•for the prosecution of claims against the Department; the state of; Iowa, the Federal Government, or any subdivision' thereof;' b. The difference in costs between first class air accommodations and less, than first class air accommodations, unless lessthan first'clasa'air . accommodations are not available; c, Costs incurred prior to the effective date of the Contract; d. Costs of preparing proposals for potential contracts; a. Bad debts(any losses arising from uncollectible accounts and other claims and related costs); f. -Contingencies (contributions to a contingency reserve or any similar provision for unforeseen events); g.; Contributions of donations; h. Entertninment (costs of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodgings, rentals, transportation, and gratuities); I. Fines and penalties (costs resulting from violations of, or failure to comply with federal, state and local laws and regulations); J. Other financial costs (interest on borrowings -- however represented, bond discounts, costs of financing and refinancing operations, and legal and professional fees paid in connection therewith). Section 11.0 Termination of Contract. _ 11.1 Termination for cause -.The Department may terminate this Contract in whole or in' pert, at any time before the expiration date, whenever the Department. has determined that the Contractor has materially failed to comply with'the conditions' of the Contract. The Department shall promptly notify the Contractor in'writing of the dnterminstion and reasons for the termination, together with the 'effective date. Payments' made to the Contractor` or recoveries by the.Department,under Contracts terminated for cause shall be in accord with the legal rights and liabilities of the parties. 11.2 Termination for convenience - The Department or Contractor may terminate the -Contract in whole or in part when both parties agree that the continuation of the contract would not produce beneficial results commensurate with the future` expenditure of funds. The two parties shall agree upon the termination `conditions, including the 'effective 'date 'and, in .the case of partial terminations', the portion to be terminated. The Contractor shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible.. The Contractor shall;;prepare, ,and deliver :to the Department' copies of -a final report summarizing'the work performed and the results obtained to date, together with such information and items which,, if the Contract had been completed, would have been required to be furnished to the Department. Section 12.0 Patents Title to any and all patentable discoveries and patents therefrom originating as a result of any sponsored set forth in this Agreement shall be vested in the Contractor. The Contractor shall evaluate each such discovery, and if in its Judgment the attendant circumstances warrant filing a patent application, it shall do so at its own expense. In cases where the Contractor decides, against filing a patent application, the Department shall be notified promptly of the decision together with an offer to pass title to the invention to the state of Iowa. The state of Iowa and any department or divisions -4- a��p �I f . I i, 1. I II � 3 IN ®® - thereof, an all political subdivisions within the state shall be entitled to - " An irrevocable, nonexclusive, royalty -fee license for governmental .purposes under any patent held by the Contractor which originates under. this Agreement. Section 13.0 °Copyrights and Use of Data 13.1, The term "subject data" as used .herein includes research data and 'writings, reports, sound recordings, pictorial reproductions, drawings or other graphical representations, and works of any similar nature which' are i(specified to be delivered under this Contract. The term, does not include - reports, cost analyses, and similar information incidental to i "financial Contract administration. . i 13.2 The Contractor shall be considered the author of all original I subject data. 13.3 Subject to the provisions of Section 13.4 below, the State may duplicate ;`use and disclose in any manner for any authorized state activity, - and may allow others to do so, all subject data deliverable under this - Contract. 13.4 In the Event .the Contractor secures a copyright, the Contractor agrees to and, does .hereby grant to the state, its officers, agents and . employees acting within the scope of their official duties, a royalty -fee, nonexclusive, and irrevocable license 'to publish,. translate,"' reproduce, 9 deliver, perform, dispose of, and to authorize others to do so for use by the X state, its` division, 'instrumentalities and "local subdivisions, all subject Ei data now or` hereafter:coveredby copyright."": If :such subject data isnot ` originated in the performance ofthis Contract, such license shall be only to i . the extent that. the Contractor, its employees or any individual or concern ' employed or assigned.<by the Contractor to originate and prepare such data under thia:Contract, now has, or prior to completion of final settlement of this ContraeE may, acquire, the right to grant -such Iicense without becoming liable to, pay compensation to others solely because of such grant. x - - 13.5 The Contractor shall exert all reasonable efforts to.adv iso the w Department at the time of delivery of the subject data furnished under this .Contract of all invasions of the right of privacy contained therein and of all portions of such data copies from work not composed or produced in the performance of this Contract and not licensed under this Section. ...13.6 The Contractor shall report to the Department promptly and in reasonable written detail, each notice or claim of copyright infringement receivedby,theContractor with respect to all subject data delivered under this Contract. ' On-receipt"ofthis information, the parties hereto agree to ' - confer to determine future uses to be made of.the subject data. 13.7 The Contractor or any or all of its employees or agents, may duplicate,- use and disclose all subject data delivered under this Contract,. provided that: the Contractor or such employees or agents acknowledge the contribution of the Department and the Contract number of this Contract and any copyright secured for such subject data. There shall be no pre-release or -publication of data or findings connected with this Contract in scholarly, or professional jnurnals or through public presentation or news release or -5- IN ®® otherwise until the performance of this Contract is completed unleaa prior written authorization has been obtained from the Department. Section 14.0 Notice and Assistance Regarding Patent and Copyright Infringement 14.1 The Contractor agrees to report to the Department promptly and in reasonsbAs written detail, each notice or claim of patent or .copyright infringement based on the performance of this Contract of which the Contractor has knowledge. . 14.2 In the event of any claim or suit against the Department, the state of Iowa, their employees, agents, or representatives, or the United States, on account of an alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed hereunder, the Contractor agrees to furnish the Department, upon request, all evidence and information in the possession of the Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of. the Department except where the Contractor has agreed to indemnify the Department. ._..Section -15.0-Equipment 15.1. Definition As used herein, the 'term "equipment" means " nonconsumable'tangible personal property to be used in the performance c the I C ontract, having an acquisition coat of three -hundred ($300) dollars or more, and a ussful;life,expectancy of greater than one (1) year. 15.2 All property procurements with a unit value of three -hundred ($300) dollars < or more must be approved in advance by .the Department. All property procurement by the Contractor shall be according to standards stated in Office for Management and Budget (OMB). Circular A-102, Attachments N S O. The title of'all 'property `purchased with unit value of three -hundred ($300) dollars or more rnmains vested with the Department. {So0 -.. V)0 - 15.3 Upon request, the Contractor shall provide the Department with invoices) of property purchased.. Such purchased property must correspond with approved Contract items. 15.4 The Contractor will keep an inventory of the property in their Jurisdiction.; Inventories must include` the following property characteristics: ,a) the serial number if applicable; b) the Contract Number (if acquisition occurred as part of Contract); c) its description; d) the date 'acquisition; of a) invoice number; if purchased; f) the original purchase price; and g) the physical location of the property. 15.5 The Contractor shall maintain' a control system to insure' ad equate safeguards to prevent loss, damage or theft to the property. Any loss, damage, or' theft of property shall be investigated, fully documented and reported to the Department within sixty (60) calendar days of the occurrence. ! 15.6 The Contractor shall implement maintenance procedures to keep all i property in good condition. Maintenance costs in excess of one-half (1/2) the -6- I x/38 estimated current fair market value of property shall require prior Department approval. 15.7 Upon termination of this Contract or upon Department need of the property, all property shall be. released to the Department. Appropriate disposition instruction will be issued to the Contractor .after the Department's review. i Section 16.0 Assignment of Interest � Neitherthe Contractor nor any interest therein nor claim thereunder ' shell be assigned or transferred by the Contractor to any other party or parties. Attempted assignment may be considered, at the -option- of the Department 'to'be a substantial breach. and cause .for termination within the .; meanings.of Ssction 11.1 of the General Conditions. Section 1770 Personnel 17.1 .Selection - The Contractor represents that•_it has, or will secure, - -'" .all personnel required in performing the work and services under this Contract. Such, personnel shall not be employees of or have any contractual relationship with the Department. 17.2 Qualification - All of the work and services required hereunder will be performed by the Contractor'or.under its supervision and all personnel' :'engaged'in 'the. work shall befully qualified and shallbe-authorized under state and local to perform such services. 17.3 Change of Key Personnel - Any individual specified by,name under the article Key Personnel within the Special Conditions herein is considered essential the ,to work and services to be performed. If forany reason substitution -.for a specified individual becomes j necessary,. the Contractor shell provide immediate written notification of such to the Department. The Contractor, shall provide the name and resume of qualifications 'for, the replacement=individual. Any replacement shall be subject to the approval of the Department.. Section 18.0 Effect of Invalidity L. If any of the provisions herein shall be in conflict with the laws of the state of Iowa, or.shall be declared to be invalid by any court or record in this ' state, such invalidity shall be construed to affect only such portions as era. declared .i invalid or in conflict with the low and such remaining Portions of the.. Contract shell remain" in effect end shell' be construed as if such invalid or conflicting portions were not contained herein. Section 19.0 Litication r• 19:1 The Contractor agrees to pay the coat of any litigation arising from failure the of Contractor to comply with the conditions or terms of this Contract or resulting from the negligence or incompetence of the Contractor. I _ 7 _ i In Berrying out the provisions of the Contract or in exercising any power or authority otherwise, it is understood that in such matters the Department acts for the state. 19.2 The venue for any cause of action based upon this Contract be either party to this Contract, shall be in Polk County, Iowa, and the law of the state of Iowa shall apply. Section 20.0 Aseurenee 20.1 The Contractor hereby assures and certifies to comply with the regulations, policies, guidelines, and requirements. of Office for Management And Budget (OMB) Circulars No. A-102, A-87, and A-110, and•47 CFR, No. 129, as they relate to the use of federal funds for this project. 20.2. .The Contractor shall not discriminate against any employeeor. applicant. for employment because of 'race, creed, color, religion, national origin, sex,` age, political belief, or handicap, in its employment practices. Such employment practices may include, but are not limited to, ,recruitment, recruitment advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay,, training and participation in upward, mobility programs, or other forms of compensation and use of facilities. 20.3 The. Contractor will send to each labor union or, representative of workers with,which it has a collective bargaining agreement or other contract understanding Contractor' a notice advising the labor union or. Fepresentative:of the Coe:.commitmentaunder this nondiscrimination clause and shall' post -,copies of thei .'notice. n conspicuous;: placedavailable to`employees 'sand Applicants for employment. 20.4 .The Contractor will comply with all relevant provisionsof the Iowa Civil Rights,Act and Iowa Code 198.7, Iowa Executive Order #15 of 1973, Title VI of the Civil Rights Act of 1964 (P.L. 88-352), Section 16 of the Federal Energy Administrative Act of 1974 (P.L. 93-275), Section 401 of the Energy Reorganization, Act of 1974 (P.L. 93-438), Title IX of the Educational Amendments of 1972, as amended (P.L. 92-314, P.L. 93-568," and P.L.94-482), Section" 504,: of :the Rehabilitation Act of 1973 (P.L. 93-112), the Age Discrimination Acto of 1975 (P.L. 94-135), Title VIII of the Civil Rights Act of 1968 (P.L. 90-284), the Department of Energy Organization Act of 1977 (P.L. 95-91), And the Energy Conservation and Production. Act of 1976, as amended (P.L. 94=385). The Contractor shall furnish ell-information'and•reports requested, by., the Department and will 'permit access to its payroll and employment, records by the Department or the: Department's grantor agency.for purposes ofrinvestigation to ascertain compliance with this nondiscrimination clause. The`,Contractor may be required to".make available upon request its Affirmative Action Program containing goals and time deadline. Any breach of, the above provisions shall be regarded as a material breach of Contract and i Justification for termination for cause. 20.5 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, this Contract may be cancelled, terminated or enspended in whole or in part and the Contractor may be declared ineligible for further action, and such sanctions may be imposed and remedies -8- AN aa8 _M 1 i� (i < i i _M invoked, as provided by the Iowa Civil Rights Act; Chapter 601A, Code of Iona 1977, as heretofore and hereinafter amended, or as otherwise provided by law. 20.6 The Contractor Will the - through '20.5;hereof, in of 98exempted Ions 0.1 every subcontract unlessBapecificellyions approvala Department, so that such sbyubcontractor for provisions will be binding..on each Subcontractor end vendor. The Contractor willtakesuch action with respect Yo any subcontractor as the state maydirectas a means of enforcing such ;. provisions Including sanction for noncompliance; provided, however, that in the event ;'the, Contractor becomes involved' in, or is threatened with, litigation with.. the subcontractor or vendor J as a result of such direction by the state,`the Contractor mayrequest. the state of 'litigation to protect the inIowe to enter into such terest of the state Iowa. ;. Section 21.0 "Contin¢ent Fees The contractor warrants that it .has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to, solicit, or secure this Contract, and that it hes not paid, or agreed to pay any company or person; other than`a bona fide employee working solely for Contractor, 'any fee the resulting from.the:awardfor making yof For �i." f this Contract.other breachgortvioletion ' of:;thie'warrenty;,Yhe.Department shall have the right to annul this Contract without liability or; in its discretion, to deduct from the Contract price or consideration; or otherwise recover, the full J 1 V. amount of such fee; commission, percentage; brokerage fee, gift, or contingent fee. Section 22.0 'Officers Not to Benefit „ .No officer 'or; employee of � the state shell participate in any decision relating to this Contract I' f which effects his or hererest interest of any „corporation, partnership, or he sin ria association which he or shaor directly or indirectly interested; or have any interest, direct or indirect, in this Contract or the proceeds thereof. Section 23.0 Audit Re uirementa { _ The Contractor shall -submit a copy of Its regularly conducted eudits(a), :pursuant annual to OMB Circular A-128 or OMB A-110 (whichever is applicable to .the. Contractor), to the Department for the time periods) encompassed by r, this, Contract. If this audit is not'performed`or available, subsaquent'arrengemente-are to be made with the Department. r ' i A:GC.EGR ' !Rev. 207-891 1 p i Alrport master plan: A comprehensive plan for development of the airport over a twenty-year time period. The master plan Includes, among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities Included in the adjacent to the airport. master plan, and recommendations for use of land on and the a clerk overlay zoning map: The charts or maps of the Iowa City Municipal Airport upon which Tort overlay zones are depicted, Copies of such map are on file In the office of the city j I we City, and in the office of the Johnson County auditor. , Airport pri6q hundred (20C shall be that precise apprc on the primer line, surface: A surface longitudinally centered on a runway which extends two et beyond the end of a runway. The width of a primary surface of a runway ' th prescribed in Part 77 of the Federal A ation Regulations for the most h xisting or planned for either end of that r nway. The elevation of any point urf a is the same as the elevation of th nearest point on the runway center Airport height For the p ose of determining the shown on the airport overl zoning map, the dal otherwise specified. Inner edge: The inner bounda (200) feet out from the physical en edge is perpendicular to the runw Instrument runway: A runway with Instrument approach procedure N Light lane: An area on the app a to reduce landing minimums n I one thousand six hundred ,600) an of a ght limits in all zones set forth herein and F. shall be mean sea level elevation unless ff ylach or clear zone which is located two hundred ed runway (except as otherwise noted)., This Inner line. g instrument a h i pproac procedure or for which an approved or planned. ch end orunway reserved for the installation of light bars nstrument approaches, usually four hundred (400) feet by feet, with slope of fifty (so) to one (t). Mtnimum descent altrtud : The lowest altitude, exr which descent is author ed on final approach or urli of a standard instrum t approach procedure and I as most recently es blished by publication by the ssed in feet above mean sea level, to cycle -to -land maneuvering In execution e no electronic glide slope is provided, Minimum enr/ecently tude: The altitude in effect betw n radio fixes which assures acceptable navigational overage and meets obstruction earance requirements between those fixes, as mosestablished by publication by th FAA. Minimum obstruction clearance altitude: The specified altit de in effect between radio fixes on VOR airw ys, off -airway routes, or route segments wh h meets obstruction clearance requireme is for the entire route segment and which assur acceptable navigational signal coverag within twenty-iwo (22) miles of a VOR, as most rec tly established by publication by the AA, i r I Ii @ f: 1 i i r Honorable Mayor McDonald: November 20, 1989 total costs. once this had been accomplished then the F.A.A. r had agreed to participate in lengthening 6-24 to 5,000 feet. '� r `...Is'the'City Council and Administrationgoing to let the F.A.A. ' ,I-� •)� off the hook on the agreement? I have been told the.F.A.A. requires'a'5,500'foot runway and to lengthen the runway to ?, 1,500 feet part of the hill would have to be removed. I was Told five years ago to lengthen the runway to 5,000 feet part of the hill would have to be removed. Forthe statement about aircraft today not needing as much a runway; 'I must take exception. The F.A.A. has implemented full accelleration stop distances for most high performance aircraft, which increases the n -:ed for longer runways. Ask yourself why.was a 5,000 foot runway enough five years ago, but now the F.A.A. requires 5,500 feet. Again Purge you to obtain approval in writing from the F.A.A. prior to making any changes to the clearzone ordinanaces. The :.assurance agreement is in effect for 20 years from the date -� that it was signed. Respectfully Submitted, yr L•'.11 J' nes r. Privat: Citizen Having watched the Council's Public Hearing on the proposed clearzone amendment I feel compelled to write this letter, :which Ihope you will share with the Council and make it a matterof record. I strongly urge you and the Council to obtain a recommendation ` and approval from.the Federal Aviation Administration in . writing prior to the Council changing the zoning ordinance. - - Five years ago the Council by hurXing to approve the Radshaw development created a hazardous condition for the occupants (citizens of Iowa City) living in those apartments. If the Council would have waited until they had received approval from the F.A.A.,(which thev would never have gotten)then the would Y not t have btenui''c q t y c �f violai_ing the assurance aoroemcnt that they had signed less than six months previously. It is my understanding (possibly I stand corrected) the zoning 7 ordinance at present was adopted to satisfy one of the F.A.A.!s requirements - for -the -City to get back into compliance with the assurance agreement. n Another part of the agreement was to lengthen runway 6-24 to. 7 ? the same length 17-35:had been, with the City paying the total costs. once this had been accomplished then the F.A.A. r had agreed to participate in lengthening 6-24 to 5,000 feet. '� r `...Is'the'City Council and Administrationgoing to let the F.A.A. ' ,I-� •)� off the hook on the agreement? I have been told the.F.A.A. requires'a'5,500'foot runway and to lengthen the runway to ?, 1,500 feet part of the hill would have to be removed. I was Told five years ago to lengthen the runway to 5,000 feet part of the hill would have to be removed. Forthe statement about aircraft today not needing as much a runway; 'I must take exception. The F.A.A. has implemented full accelleration stop distances for most high performance aircraft, which increases the n -:ed for longer runways. Ask yourself why.was a 5,000 foot runway enough five years ago, but now the F.A.A. requires 5,500 feet. Again Purge you to obtain approval in writing from the F.A.A. prior to making any changes to the clearzone ordinanaces. The :.assurance agreement is in effect for 20 years from the date -� that it was signed. Respectfully Submitted, yr L•'.11 J' nes r. Privat: Citizen