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Home My WebLink About1988-06-28 Resolutionyna� RESOLUTION NO. 88-140 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: The Mill Restaurant Vito's Golden Oldies I It was moved by Ambrisco and seconded by Strait that the Resolution as reaT e a opted, and upon roll call there were: AYES: NAYS: ABSENT: i Ambrisco X Courtney X Dickson _ X Horowitz X Larson X McDonald X Strait X Passed and approved this 28th day of June r 19 88 . i J'aytk Attest: � 9C2 l f/ Ci Clerk 9TW a RESOLUTION NO. 88-141 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, 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: * See Attached List It was moved by Ambrisco and seconded by Strait that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: Anarvi: Ambrisco X Courtney X Dickson X j Horowitz X Larson R McDonald R Strait X Passed and approved this 28th day of June 1988 Payor Attest: City Clerk -?K N 0 CIGARETTE PERMITS PRINTED: 31—MAR-88 PAGE: 1 DOING BUSINESS AS 6:20 vec lCf — STICKER #05912 AIRLINER, THE SC�ri -e,•6 5.51.68 STICKER AM—PM MINI MART rrA `�5'�3 STICKER #05798 AMELON'S SERVICES$ INC. <<= 14 y' STICKER #05799 AMERICAN LEGION ROY CHOPEK #17 STICKER #05800 /BARFUNKEL'S & THE HOBBY SHOP STICKER #05864 BILLARO'S BAR ��\ &N STICKER #05896 BILLY'S d"'• STICKER #05892 BO—JAMES STICKER #05890 Q'C1:� BOB BELL'S STANDARD t•'e D STICKER #05866 BROWN BOTTLE, THE^a^; STICKER #0589: l(rltr'Ti�B° BURGE HALL — RESIDENCE SERVICES STICKER #059222 CAMPUS STANDARD SERVICE TCCA l<•IL STICKER #05801 CARLOS O'KELLY'S ,r„k STICKER #05802 y_E TRAL ST-iCi:Er'; •#i+5os'e CENTRAL PHARMACY CENTER r d (o t•cC STICKER #05256 COACHES CORNER _GUNGE n rpvrn Yn=.G�� LICENSE # STICKER 85 000104 8b--06C9-25�4aiq�_ 35 0004: 85 00043 86 00025 86 00029 87 00022 86 00019 85 00074 85 00119 87 00001 85 00132�� I 86 00021 87 00015 d`1 00 aD S5 N CIGARETTE PERMITS PRINTED: G1 -MAR -88 PAGE: _ CHoNG'S SUFFS.MJ�rrt ,rc'.! 5'S1aP COLONIAL LANES STICKER. #05803 COMER'S STICKER #05804 COUNTRY KITCHEN ^•', ll STICKER #05878 r 4 -)ARi'S MUSTANG MARKET r.;ti x•••et CT: CKER #05805 DAN'S SHORT STOP CURF'"RATION STICKER #05806 DEY.DWOOD STICKER #05897 DELI MART STICKER #05807 DELI MART #2 STICKER #05917 DENNY'S RESTAURANT 4c :.<< fc�DsbFE NEW (FORMERLY UNDER HOWARD JOHNSON'S) /DIAMOND DAVE'S TACO CO. S.1CKER #05865 DOC'S STANDARD r`0 jLyr bell STICKER 405898 DONUTLAND STICKER #05899 i•J .`;i DOOLEY'S STICKER #05900 =' ' DRUGTOWN #1 •• e: STICKER #05822 -)RUG.-OWN #_ .. .. CO. LICENSE # 5LCKEn m gu- CegzSal------ 85 uQOu: — ql� Kk -- 87 00014�.�.__ 85 00077 86 00001 �Y___ 01,10212 85 or.,c _ *q-131 — 37 o0o:. 37 00clic. 88 00001 ,5 00044 85 00093 no oc rr 1'nt 8G 00009 aq 3c cic-c-10- 35 000^2 S7 �riuD 5'11-7 9 CIGARETTE PERMITS PRINTED: --'-MAR-86 PAGE: S EAGLE SUPERMARKET #'__? A STICKER #05808 EAGLE SUPERMARKET 4220. A Fb STICKER #05809 EAST -WEST ORIENTAL F00. S lr STICKER #05865 ECONOFOODS #473 STICKER. #05869 ELKS #590 STICKER #05810 FAMOUS DILLBURGER NEW f-EDEf.AL BLDG. - SNACK SHOP ST3-CKER #05811 FIELD HOUSE STICKER #05879 /FINKBINE GOLF COURSE STICKER #05867 I FITZPATRICK'S CtN�i I, D88 yErt�c � STICKER #05901 FOXHEAD TAVERN STICKER 405894 GABE'S STICKER #05815 GAS COMPANY NN J STICKER #05873 GEORGE'S BUFFET STICKER #05812 GtVANN11S GRINGO'S r;: \ b•Il•38 STICKER #0587' LICENSE # STICKER *— Ss 00004 � �4a47 .__-. S5 000.05 �Lv .- 87 00010—.----- 5 , 41-/ 9 u .- SE: c A3p L. 85 00075 5 , 41-/ 9 u CIGARETTE PERMITS PRINTED: 31 -MAR -88 PAGE: 4 I / HARRY'S DODGE STREET DX Y STICKER. #05817 HIGHLAND AVENUE DX V"_. STICKER #05880 HIGHLANDER MOTOR INN STICKER. #05818 1 HILLTOP DX rr: STICKER #05813 HILLTOP TAVERNI�' STICKER #05874 nG lcr`Lr ."as," :J)if HOLIDAY INN STICKER #05891 HUNGRY 4060 STICKER #05889 VftC6' j HY-VEE FOOD STORE #1 STICKER #05819 i HY-VEE FOOD STORE #2 , STICKER #05820 I HY-VEE FOOD STORE #3 .. ..,o STICKER #05821 � r IOWA CITY YACHT CLUB SELLING CIGARETTES (NEW) f�+ 1014A-MFMORiAt--LNiC•N._ ST'.-CKER -#05868 101 -IA OIL COMPANY STICKER #05814 JO. CO. JAIL C0MHISSAR`.' STICKER #05826 3ROCERY •_Tlcr:.E�. nc�s�a 1lAPT LICENSE # bT 1.�,k,E-R ne.J� _ B • o I --- 85 00122 85 00069 85 001,0 v5 01125 _.. �2A5 3'r1.:.a6-tl"I�IS SIT 00005 L4 =5 Orr.'1n �43ao SS JCG11 7`fJa� 8S 00007 85 ID013"' L r ^^E,, --JIC •�6 n(i x13- i ..��` :. ..... Itq a5' 907 H CIGARETTE PERMITS PRINTED: 31 -MAR -83 PAGE: 5 LICENSE # STICKERTL___ 35 00135 '35 ODUE!7----'--- •35 •. 4 . _ •li � 33D -85 00C•25 *` q•33I _...... 35 :;Ci S #_ ;SIA. S9 A05 e 26 GOi'02 �3 5 1000?9 23 00005 85 00•JE.4 -442)-e I. _ii LL, q.) KI RKWOOD '76 rr_'i STICKER #058225 4.ITTY HAI4K STICKER #05002 fUM & GO #104 STICKER. #05855 KUM & GO #422 I STICKER #05860 j LSM MIGHTY SHOP, INC. STICKER #05828 1 LEO'S STANDARD SERVICE STICKER #05225 cera\ �.T1 n —D cif Cr.D2 MAID -RITE CORNER, STICKER. #05830 MAMA CAPONE' S STICKER #05375 o• :' reek 1i dD:3j MAMA' 4 STICKER #059U4 MAXIE'S-(CC-c�(p'bo•? NEW MICK.Y'S I` STICKER #05SS4 MILL RESTAURANT �1c - •-, STICKER #05887 MOOSE LODGE e109C rEc'd STICKER #05505 I u . LICENSE # STICKERTL___ 35 00135 '35 ODUE!7----'--- •35 •. 4 . _ •li � 33D -85 00C•25 *` q•33I _...... 35 :;Ci S #_ ;SIA. S9 A05 e 26 GOi'02 �3 5 1000?9 23 00005 85 00•JE.4 -442)-e I. _ii LL, q.) CIGARETTE PERMITS PRINTED: 31 -MAR -88 PAGE: 6 OSLO DRUG #448 ra: d 544 b`_'• STICKER #05832 OWENS BRUSH CO. c A STICKER #05919 PAUL'S HARDWARE STICKER #05907 PEARSON'S DRUG STORE rc. STICKER *05841 PEOPLES DRUG #5276`, STICKER #05857 PEOPLES DRUG =5281 STICKER #05858 PESTER DERBY #58 rr: STICKER. #0566': PESTER DERBY #59 STICKER #05862 PLAMOR LANE STICKER #05572 } r QUADRANGLE - RESIDENC.E SERVICES TICKER #05921 QUIKTRIP #505 STICKER #05833 QUIKTRIP #509 ri: a �•'v'� STICKER #05834 O,UIKTRIP #539 _ �x STICKER #05835 QUIKTRIP #548 r :> STICKER. #05836 OUIKTR.IP #552 t -- ?T'C.KER #0583' R.T.'S r••C{ 4''eTei cTICKER L;+_EiJSE g -STICKER $ 95 00111, :_ :04,53 J�1.1----- 85 00. 85 00" 418 5 000017 85 OOii,,.e. 27 uu019 e7 0002.:. . .•e o0nGS i 85 000'18 t „_ ':0019 0 CIGARETTE PERMITS PP.?NTEO: 31 -MAF. -88 PAGE: 7 F:EVCO DISCOUNT DRUG CENTER STICKER #05842 ROSSIE'S CAFEnJ 1pv�c ��1[�Sn� STICKER #05908 (s014ell . BUSS' STANDARD cc: _T.CKER #05540 ANCTUAPy Je¢'& traoeq =TIiKER #05910 SEATON' S CASH 6 CARRY MARKET rec.i 5•d°- cD STICKER #05839 f�J1J rLl"1� NEW SENOR PABLOS - C (Y �p1 nrS STICKER #05911 `p' SEVEN -ELEVEN STORE #15045, STICKER #05843 SHELLER GLOBE STICKER. #05920 :AICLAIR 11ARK TING 4 :t.. -;CKER 1"05844 SINCLAIR MARKETING „j Lv STICKER #05845 SPORTS COLUMN rSC 6 1oJ�r� p; �•; STICKER #0591° . :'=v_o 3P:"r:?-_ SHOP .`( l,•22 d:• 3T?CKEP, "105846 &M MIN? MART cr.•; :.: -- STICKER #358474 /;_i. Tir_ ?CENSE 85 00128 4_gbs8 85 00103 ^I''or•'er e_e;i nc, - 0'01_S7 .. �' �135�j -.. _.... _5 00102 .(CD__.-_..._. e5 00026 #LN3�-- 85 00127 �?j(p`► 85 00103 ^I''or•'er e_e;i nc, S5 00084 85 00127 �?j(p`► _5 00105 ?7 ::,ai:al y3aa I y3(09 :. ,uul': CIGARETTE PERMITS PRINTED: 31 -MAR -88 PAGE: 8 TOWNCREST-fN14 STi-OKER-#95881 I TUCK'S PLACE feC•d (a'I'61' STICKER #05850 ',)C'S LOUNGE, LTD. Je` NEW (FORMERLY KING RICHARDS) rCCd(aYBK VFW #3949 �ZfLBP STICKER #05914 VILLAGE INN red. t, •.c•�9 STICKER #05915 `J• C,: z)f VINE repel J.Lo•a8 STICKER #05916 v�'"'" VITO'S :rf4 =if STICKER #05888 VITOSH STANDARD - iec & tc?7yd STICKER #05851 >iALGREENS STICKER #05852 WARECO reC':L :-4 °t STICKER #05853 I WATT'S FOOD MARKET fe C,,l S•.)ti•a5 i STICKER #05854 i YEN CHING RESTAURANT I STICKER 405855 r, ra =31 dI i i TOTAL CIGARETTE PERMITS: ,�6 110 LICENSE # 5n&Y-1£a!�L_ 85 00016 I es 000 -es 329_.... 85 00047 _'# e -138Q 9447 6 85 00042 88 V1.1002 85 :5 01:108 _1�.�1374 s5 0o1.11.1S, S 8E 00004 i 25 00114 L. OOC1251 I 85 00016 I es 000 -es 329_.... 85 00047 _'# e -138Q 9447 6 RESOLUTION NO. 88-142 RESOLUTION ADOPTING SUPPLEMENT NUMBER 36 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the MunicipalCode Corporation has prepared the 36th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 36 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: 1. That supplement number 36 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. I 2. That the Mayor is authorized to'sign, and the City Clerk to attest, this Resolution. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon ro l7call there were: AYES: NAYS: ABSENT: X Ambrisco X — Courtney X Dickson Horowitz X. Larson X McDonald -'� Strait Passed and approved this 28th day of J11i1C 198 8 ATTEST: D TO FORM nM LEGAL DEPARTMENT 9�9 SUPPLEMENT NO. 36 CODE OF ORDINANCES City of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances from the calendar quarter, January through March, 1988, which are suitable for inclusion in the Code; the latest ordinance in this Supplement is: Ordinance No. 883369, enacted March 8, 1988. See Code Comparative Table, page 2970. Remove old pages Insert new pages Checklist of up-to-date pages Checklist of up-to-date pages 639-642 639-642.1 2140.1 2140.1 2274.1-2274.4 2274.1-2274.6 2299,2300 2299-2300.2 2493-2496.1 2493-2496.1 2501,2502 2501,2502 2601,2602 2601,2602 2611-2614.1 2611-2614.1 2619,2620 2619,2620 2650.1-2654 2651-2654.1 2969 2969,2970 Index pages Index pages 3051,3052 3051,3052 3076.1-3076.3 3076.1-3076.3 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida June, 1968 Note—An updated checklist of pages in Code is included, fol. lowing Table of Contents. 9 Checklist of Up -to -Date Pages (rhis checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become a-Adent that through usage and supplementation 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 determine whether the Cade volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, ._.. this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 7,8 24 ill, iv OC 9,10 24 V, vi OC 11,12 24 vii 3 13,14 24 ix, x 35 15,16 24 xi, xii OC 17,18 24 xiii, xiv OC 19,20 33 xv, xvi 34 71 27 xvii,xviii 33 121,122 31 xix, xx 34 122.1 31 xxi, xxii 34 123, 124 OC xxiii 34 125,126 31 1.2 24 127,128 36 3,4 27 177,178 34 5.6 24 179,180 27 Stipp. No. 36 [ll 959 9 919 IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 181,182 18 367,368 23 183,184 25 369,370 34 185,186 25 371,372 18 186.1 25 372.1,372.2 18 187,188 32 372.3 18' 188.1 10 373,374 5 189, 190 OC 375,376 34 191,192 OC 376.1 34 193,194 16 377,378 1 195, 196 OC 378.1 1 197, 198 OC 379, 380 OC 199,200 6 381,382 29 201,202 34 383,384 29 251,252 28 385 29 303,304 26 431 28 304.1 26 483,484 8 305,306 13 485,486 8 307,308 14 487,488 8 309,310 14 489,490 8 311,312 14 491,492 35 313,314 14 493,494 35 315,316 14 495,496 35 317,318 14 497,498 35 319,320 14 531,532 33 321,322 14 633,534 33 323,324 14 535,536 33 325,326 23 537,638 33 327,328 23 639,640 33 329,330 23 541,642 33 331,332 23 543,544 33 333,334 23 645,546 33 335,336 23 647,548 33 337,338 25 549,550 33 339,340 25 661,552 33 341,342 25 553,554 33 343,344 25 555 33 363,364 29 557,558 17 365,366 29 559,560 17 366.1 29 561,662 17 Supp. No -16 [21 919 r Page No. 563,564 565,566 567,568 569,570 571,572 573,574 575,576 577,578 578.1 579,580 581,582 583,584 585,686 587,588 589,590 591,592 593,594 595 617,618 639,640 641,642 642.1 643,644 645,646 646.1 647,648 649,650 651,652 653,654 665,656 671,672 673 675,676 677,678 679,680 680.1, 680.2 680.3, 680.4 680.5, 680.6 680.7 Supp, No, 36 CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. 26 6B1,682 35 6B3 35 739,740 35 741,742 35 743,744 35 745,746 35 747,748 35 749,750 35 751,752 33 753,754 33 755 33 811,812 33 813,814 33 815,816 33 817,818 33 867,868 33 915,916 33 917,918 OC 919,920 36 921,922 36 923,924 36 925,926 35 927,928 35 929,930 35 931,932 29 933,934 29 935,936 29 937,938 29 938.1, 938.2 29 939,940 17 941,942 17 943,944 11 945,946 20 947,948 20 949,950 20 950.1, 959.2 20 951,952 20 953,954 20 955,956 131 Supp. No. 11 20 33 33 33 33 33 33 33 33 33 OC 33 33 33 OC 31 31 31 31 31 31 31 31 14 19 19 19 19 1 1 1 1 1 1 1 1 1 1 E r IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 957,958 1 1049 OC 959,960 19 1149,1160 15 961,962 19 1150.1 15 963,964 23 1151,1152 .8 j 965,966 1 1153,1154 8 967,968 1 1155,1156 20 969,970 1 1156.1 15 971,972 1 1157,1158 8 973,974 19 1159,1160 8 975,976 30 1161,1162 8 976.1 30 1163,1164 8 977,978 19 1165,1166 8 978.1 19 1167,1168 20 979,980 1 1169,1170 20 980.1, 980.2 1 1171,1172 20 980.3,980.4 23 1172.1 15 980.4.1 23 1173,1174 8 980.5, 980.6 1 1175,1176 8 980.7, 980.8 23 1177,1178 21 980.8.1 23 1178.1 21 980.9, 980.10 19 1179,1180 16 980.11,980.12 19 1181,1182 15 980.12.1 19 1183,1184 13 i 980.13,980.14 1 1185,1186 13 980.15, 980.16 1 1197,1188 15 i 981,982 29 1189,1190 13 983,984 29 1191,1192 13 984.1 29 1193 8 985,986 3 1229,1230 21 986.1 3 1231,1232 21 987,988 1 1233,1234 21 989,990 34 1235,1236 21 990.1 34 1237,1238 23 991,992 29 1239,1240 23 993,994 34 1241,1242 21 994.1, 994.2 34 1243,1244 21 995,996 11 1245,1246 21 997,998 1 1247,1248 21 999 11 1249,1250 21 Stipp. No. 36 141 `/ CHECKLIST OF UP-TO-DATE PAGES Page No. • Supp. No. Page No. 1251 25 1565,1566 1297 28 1567,1568 1351, 1352 OC 1568.1,1568.2 1353,1354 33 1569,1570 1355,1356 18 1571,1672 1407,1408 28 1572.1, 1672.2 1409,1410 28 1573,1574 1411,1412 OC 1575,1576 1413, 1414 OC 1577,1578 1415, 1416 OC 1579,1680 1465,1466 33 1581,1582 1467,1468 33 1583,1584 1469 33 1585,1586 1471,1472 14 1587,1688 1473,1474 33 1589,1590 1475,1476 14 1591,1592 1477,1478 14 1593,1594 1479,1480 14 1595,1596 1481 14 1597 1527,1528 18 1643,1644 1529,1630 10 1645,1646 1531,1532 3 1646.1 1533,1534 11 1647,1648 1636,1536 11 1649,1650 1537,1538 11 1651,1652 1539,1640 11 1653,1654 1541,1542 11 1656,1666 1543,1544 11 1657,1658 1645,1546 11 1659,1660 1547,1548 11 1661,1662 1549,1550 22 1662.1, 1662.2 1551,1552 18 1662.3, 1662.4 1553 18 1663,1664 1555,1666 11 1665,1666 1667,1568 14 1667,1668 1559,1660 11 1669,1670 1561,1562 11 1671 1563,1564 25 1681,1682 1564.1 25 1683,1684 Supp. No. 36 151 Supp. No. 11 11 33 33 33 11 11 11 11 11 34 34 34 34 34 34 34 2 2 35 1 1 OC OC OC OC OC 27 27 26 26 26 14 14 26 35 35 14 14 ?O9 I u IOWA CITY CODE Page No. Supp. No. Page No. Supp. No. 1685,1686 14 1903 24- 1687,1688 14 1967,1968 OC 1689,1690 14 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 1719,1720 34 2127,2128 30 1721,1722 35 2129,2130 25 1722.1 35 2131,2132 25 1723, 1724 OC 2133,2134 25 1725,1726 23 2134.1 25 1727 23 2135, 2136 OC 1775,1776 34 2137,2138 OC 1777,1778 34 2139,2140 4 1779,1780 34 2140.1 36- 1831,1832 29 2141,2142 OC 1833,1834 29 2143,2144 35 1836,1836 29 2144.1 36 1837,1838 29 2145,2146 OC 1839,1840 34 2147,2148 20 1841,1842 34 2149,2150 20 1843,1844 12 2151,2152 20 1846,1846 12 2197,2198 OC 1847,1848 26 2199,2200 16 1848.1 26 2201,2202 16 1849, 1850 OC 2203,2204 16 1851, 1852 OC 2205,2206 16 1853,1854 23 2207,2208 16 1855,1856 23 2208.1 16 1857,1858 27 2209,2210 12 1858.1 27 2210.1 12 1859,1860 23 2211,2212 OC 1861,1862 23 2213,2214 3 1863,1864 23 2215,2216 3 Supp. No. 3G [6] 9�9 u CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2217 16 2282.25,2282.26 20 2241,2242 34 2282.27,2282.28 20 2243,2244 27 2282.29,2282.30 20 2245,2246 34 2283,2284 OC 2247,2248 35 2285,2286 OC 2249, 2250 35 2287, 2288 OC 2251,2252 35 2289,2290 18 2253,2254 35 2290.1 13 2255,2256 35 2291,2292 6 2257,2258 35 2292.1 6 2259,2260 35 2293, 2294 OC 2261,2262 35 2295,2296 18 2263,2264 35 2297,2298 34 2265,2266 35 2299,2300 36 2266.1, 2266.2 35 2300.1, 2300.2 36 2267,2268 31 2301,2302 34 2269,2270 7 2302.1 34 2271,2272 9 2303,2304 31 2273,2274 34 2305,2306 31 -- 2274.1,2274.2 36 2307,2308 31 2274.3,2274.4 36 2309,2310 31 2274,5, 2274.6 36 2311, 2312 31 2275,2276 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, 2368 OC 2282.1,2282.2 7 2359,2360 9 2282.3,2282.4 7 2361, 2362 OC 2282.5, 2282.6 7 2363, 2364 OC 2282.7,2282.8 7 2365,2366 1 2282.9, 2282.10 7 2367, 2368 1 2282.11,2282.12 7 2369,2370 13 2282.13,2282.14 20 2419,2420 25 2282.16,2282.16 20 2421,2422 25 2282.17,2282.18 20 2423,2424 25 2282.19,2282.20 27 2425,2426 34 2282.21, 2282.22 20 2426.1 34 2282.23,2282.24 20 2427,2428 26 Supp, No. 36 [7] 9 A IONA CITY CODE Page No. Supp. No. Page No. Supp. No. 2429 25 2541,2542 25 2477,2478 25 2543,2544 25 2479,2480 35 2545,2546 35 2481 35 2546.1 36 2483,2484 19 2547,2548 33 2485,2486 31 2548.1,2548.2 33 2487, 2488 35 2548.3, 2548.4 33 2489,2490 35 2549,2550 25 2490.1 35 2551,2552 26 2491,2492 25 2553,2554 33 2493,2494 36 2555,2556 33 2495,2496 36 2579,2580 19 2496.1 36 2581,2582 31 2497,2498 31 2583,2584 31 2499,2500 25 2585,2586 31 2501, 2502 36 2586.1, 2586.2 31 2502.1 35 2586.3, 2586.4 31 2503,2504 27 2587,2588 35 2505,2506 35 2591,2592 35 2507,2508 35 2593,2594 25 j 2509,2510 35 2595,2596 35 2511,2512 35 2597,2598 19 2513,2514 35 2599,2600 27 2515,2516 35 2601,2602 36 2517,2518 35 2603,2604 2519,252019 25 2605,2606 27 2521,2522 35 26061 27 2523,2624 35 2607,2608 19 2525,2526 35 2609,2610 31 2526.1 35 2611,2612 36 2627,2528 25 2613,2614 36 2528.1,2528.2 25 2614.1 36 2529,2530 19 2615,2616 29 2531,2532 27 2617,2618 25 2633,2534 27 2619,2620 36 2535,2536 31 2620.1 87 2537,2538 31 2621,2622 26 2538.1 31 2623,2624 29 2539,2540 25 2625,2626 29 Supp. No. 66 181 A CHECKLIST OF UP-TO•DATE PAGES Page No. Supp. No. Page No. Supp. No. 2627,2628 29 2913,2914 35 2628.1 29 . 2935, 2936 OC 2629,2630 26 2937,2938 14 2631,2632 27 2939,2940 16 2632.1 27 2941,2942 16 2633, 2634 26 2943, 2944 OC 2635,2636 34 2945, 2946 OC 2636.1 34 2947,2948 13 2637,2638 29 2949,2950 OC 2639,2640 34 2951,2952 2 2641,2642 34 2953,2954 5 2642.1 34 2955, 2956 7 2643,2644 24 2957,2958 13 2645,2646 28 2959,2960 19 2647,2648 25 2961,2962 24 2649,2650 27 2963,2964 24 2651,2652 36 2965,2966 27 2653,2654 36 2967,2968 34 2654.1 36 2969,2970 36 - 2655,2656 27 2971,2972 OC 2657,2658 25 2973,2974 24 2659,2660 25 2975,2976 24 2661,2662 22 2977,2978 35 2663,2664 25 2979,2980 26 2664.1,2664.2 27 2981,2982 29 2665,2666 28 2983,2984 35 2667,2668 28 2984,1,2984.2 35 2669,2670 28 2985,2986 28 2671,2672 19 2987,2988 35 2673,2674 25 2986.1,2988.2 24 2675,2676 27 2989,2990 34 2676.1 27 2990.1 34 2677,2678 25 2991,2992 28 2679,2680 19 2993,2994 29 2681,2682 19 2996,2996 31 2683,2684 19 2997,2998 34 2685,2686 19 2999,3000 34 2687 19 3001,3002 34 2787 19 3003,3004 35 Supp, No. 36 J (9] 9s�9 u go N IOWA CITY CODE ^' Page No. Supp. No. Page No. Supp. No. 3004.1 35 3042.1, 3042.2 34 3005,3006 28 ,3043 34 3006.1, 3006.2 34 3044.1, 3044.2 28 3007 34 3045,3046 28 3008.1, 3008.2 33 3047, 3048 28 3008.2.1 33 3049,3050 21 3008.3,3008.4 28 3051,3052 36 3009 28 3053,3054 33 3010.1, 3010.2 5 3054.1, 3054.2 34 3011,3012 31 3055 34 3013,3014 34 3056.1,3056.2 16 3014.1,3014.2 34 3057,3058 34 3014.3 35 3059,3060 18 3015,3016 28 3061,3062 34 3016.1 28 3063,3064 2 3017,3018 19 3065,3066 18 3018.1 19 3067,3068 18 3019,3020 8 3069,3070 34 3020.1,3020.2 31 3071,3072 34 3020.3 31 3073,3074 34 3021,3022 28 3075,3076 35 3023,3024 33 3076.1,3076.2 36 3025,3026 34 3076.3 36 3027,3028 28 3077,3078 23 3029,3030 34 3079,3080 19 3031,3032 34 3081,3082 19 3032.1,3032.2 26 3083,3084 33 3033,3034 35 3085,3086 27 3035,3036 35 3087,3088 33 3036.1 35 3089,3090 27 3037,3038 29 3090.1 27 3039,3040 33 3091,3092 24 3041,3042 28 3093,3094 24 Supp. No. 36 (10) .`� go N Chapter 9.1 CITY PLAZA* Sec. 9.1-1. Purpose. It is the intent of this chapter to regulate the use of City Plaza in order to promote the public interest by: (a) Making City Plaza an active and attractive pedestrian environment; (b) Providing the opportunity for creative, colorful, pedestrian - focused commercial and cultural activities on a day/night, year-round and seasonal basis; h add (c) Encouraging lidiversity and good design tercial activities o City Plaza; t, charm, (d) Encouraging the upgrading of store -fronts and the devel• opment of compatible and well-designed elements within Zone 1; (e) Controlling the use of vehicles and bicycles in City Plaza. The intent of the City Plaza Use Regulations is that private development within City Plaza is to be permitted sparingly and only for those proposals that meet the objectives stated above. It is not to be considered a "use by right." (Ord. No. 78.2898, 4 1, 6.18.78; Ord. No. 82.3068, 4 3, 4.27.82) Sec. 9.1.2. Definitions. For the purposes of this chapter, the following terms shall have the meanings stated herein: •Editor's note—Ord. No. 78.289.1, 0 1—I1, enacted htny 16, 1978, waa non - amendatory of the Cnde and has Iwen included na Ch.9.l, 0 9.1.1-9.1.11, at the editor's discretion. Subsequently, the chapter was amended in its entirely by Ord. No. 82 7068. Crass references—Adverlising, Ch. 3; animals and fowl. Ch. 7; hailding nregu- lotions, Ch. 8; licenses, Ch. 21; motor rehides and traffic, Ch. 23; peddlers, Ch. 26; sh'Low, sidewalks and public places, C-11 :11 Supp No. 36 639 4-9 9 W 9.1.2 IOWA CITY CODE Ambulatory. vendor.- An individual selling goods or services while moving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart or kiosk and with a minimum of equipment, e.g., balloons, portrait artist. Audio ambience: A localized use of sound intended to create a pleasant, relaxing atmosphere. City Plaza: That part of city property extending from the north. ern right-of-way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Du- buque Street from the southern right -of --way line of Washington Street to the southern right-of-way line of College Street. Also, beginning at the northwest corner of Lot 4, Block 65, of the original town of Iowa City, Iowa, according to the recorded plat thereof, thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing, along the southerly right-of-way line of Wash- ington Street, 60.28 feet; thence south 00 degrees 03 minutes 02 seconds west, 110.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 59.93 feet to a point on the easterly right-of-way line of Dubuque Street, thence north 00 degrees 07 minutes 39 seconds west, along said easterly right-of-way line, 110.65 feet to the point of beginning. Except for the following: Commencing at the northwest corner of Lot 4, Block 65, the original town of Iowa City, Iowa, according to the recorded plat thereof; thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing, along the southerly right-of-way line of Washington Street, 60.28 feet to the point of beginning; thence south 00 degrees 03 minutes 02 seconds west, 110.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 1.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 36.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 2.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 18.0 feet, thence north 89 degrees 43 minutes 36 seconds east, 2.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 56.0 feet, to the southerly right-of-way line of Wash- ington Street; thence north 90 degrees 00 minutes 00 seconds east, nn assumed bearing, along said southerly right-of-way line of Washington Street, 1.50 feet to the point of beginning. Supp. No. 36 840 9 -9 I CITY PLAZA 19.1-3 -- Xioslr A small structure that is stationary and can be either permanent or seasonal in nature. Landscaping: Live plant material used strictly for an ornamental or ecological purpose. Mobile vending cart: A nonmolorized structure on wheels that is easily moved and is used for vending. Mobile vendor. Operator of mobile vending cart. ' Outdoor cafe: An outdoor area immediately adjacent to a res. taurant (food service establishment) where food and beverages, dispensed in the food service establishment, are taken for con- sumption by persons seated at tables in the outdoor area. Perntnneni structure, Any structure erected for a year-round use. Plaza cafe An outdoor area in City Plaza immediately adjacent to a restaurant (food service establishment) where food and bev- erages, dispensed in the food service establishment, are taken for consumption by persons seated at tables in the outdoor area. Seasonal construction: Any structure erected for a seasonal or tempormy activity and which is removed from the plaza in offseason. (Ord. No. 78-2804, 6 2, 5-16.78; Ord. No. 82.3058, 4 4, 4.27.82; Ord. No. 84.3216, $ 2, 12.4.84; Ord. No. 86-3288, 4 2(1), 6-3.86; Ord. No. 88-3368, 4 1, 2.23-88) Sec. 9.1.3. Description of mall zones. (a) Zone l: The ten -foot strip directly abutting the private prop. erty lines. Zone 1 extends the length of the City Plaza along all sides of the plaza. (b) Zone 2; The six-foot pedestrian Innes adjoining Zone I on each side, the landscaped areas, the areas with street furniture and features, and other areas as specified on map. (c) Zone 3. The emergency/service lone. The zones are illustrated on the City Plaza map kept on rile in the office of the city clerk. This map can be amended from time to time as necessary by resolution. (Ord. No. 78.2804, 5 3, 5.16.78; Ord. No. 82-3058, 4 5, 4.27-82; Ord. No. 86.3288, § 2(2), 6.3.88) Supp. No. 36 641 9 r 19.1.4 IOWA CITY CODE Sec. 9.1.4. Bicycle regulations. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. Any violation of this section shall be a simple misde. meanor. (Ord. No. 78-2894, § 4, 5-16-78; Ord. No. 82.3058, § 6, 4-27.82) Sec. 9.1.5. Motor vehicle regulations. Except as otherwise provided herein, no motor vehicles, ex. cept emergency vehicles, shall be operated within the limits of City Plaza without a permit. A permit for the operation of motor vehicles within City plaza may be issued by the city manager on his/her designee upon application according to the following conditions: (a) Any business located on property which does not other- wise abut a public right-of-way other than City Plaza may be granted a continuing permit upon a showing that such is necessary to provide for the delivery of goods to or from the business. Such permit shall allow the presence of the vehicle within the plaza only during active loading and unloading. (b) Any individual may be granted a temporary permit upon a showing that the placement or operation of a motor vehicle upon City Plaza for a specified, limited period of time is necessary. (c) A service vehicle operated by the city may operate within City Plaza without. a permit when performing necessary maintenance requiring the use of the vehicle. Any violation of this section shall be a simple misdemeanor. (Ord. No. 78.2894, § 5,5-16-78; Ord. No. 82.3058, § 7, 4.27.82) Sec. 9.1-6. Animal regulations. Notwithstanding the provisions of any other city ordinance, no person shall take, accompany'or allow any animal into City plaza. This provision shall not apply to o Seeing Eye dog being used to assist a blind person. Any violation of this section shall be a simple Supp. No. 36 642 ?O9 i CrrY PLAZA 4 9.14 misdemeanor. (Ord. No. 78.2894, § 6,5-16-78; Ord. No. 82.3058, § 8, 4-27.82) See. 9.1-7. Use of City Plaza. (a) Permitted uses: Permitted uses include those listed below. Other uses consistent with the purposes stated in section 9.1-1 may be permitted if specifically approved. When a mobile or temporary use is allowed, it is understood that this authorization does not extend to Zone 1 or Zone 2 areas which are already leased for other Purposes; e.g., mobile vending carts may not approach patrons seated in asidewalk cafe. (1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). (2) Mobile vending carts for food, flowers/plants, news- papers/magazines, etc. (Zone 2). SUPP, No. 36 642.1 909 9 r STREETS, SIDEWALKS, PUBLIC PLACES § 31-133 Sec. 31.123. Director's rule-making authority The director may make, amend, revoke and enforce reason- able and necessary rules and regulations, governing but not limited to special snow removal services for the elderly and handicapped; a copy of any and all rules and regulations issued under the provision of this section shall be filed in the office of the city clerk and shall be available for in- spection during normal business hours. (Ord. No. 79-2979, § 2, 11-6-79) Sec. 31.129. Removal by individuals. (a) It shall be unlawful for any property owner or person in possession to remove or allow to be removed from his or her property, snow and/or ice accumulations and to place such accu- mulations on the private property of another. (b) It shall be unlawful for any property owner or person in possession to remove or allow to be removed from his or her property, snow and/or ice accumulations in such a way as to deposit such accumulations on public property or public right-of- way causing a traffic obstruction, sight obstruction, pedestrian obstruction or any other such hazard or obstruction. (c) It shall be unlawful for any property owner or person in possession to remove or allow to be removed from his or her property, snow and/or ice accumulations and to push, transport, or carry such accumulations into, upon, or across a street or alley right-of-way for the purpose of depositing same on the other side of said street or alley right-of-way without the prior approval of the superintendent of streets. This provision shall not apply to the hauling of snow and/or ice for deposit on private property with the consent of the owner thereof. (d) This section shall not be construed to apply to or to limit the normal snow plowing operations performed by the City of Iowa City. The snow plowing operations performed by the city are exempt from the application of this section. (Ord. No. 88-3363, § 1,2-9-88) Cross references—Obstructing streets, 1314; nuisance, debris on public right -of. wsy, 1131-11. Secs. 31.125-31.133. Reserved. Supp. No. 36 2190.1 9419 9 UTILITIES 13345 ' (d) Surcharge. For those contributors who contribute waste water, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal use charge will be collected each month. The surcharge for operation and mainte- nance shall be in the amounts set forth in the schedule of fees, section 32.1-73. .(e) Users to bear increased costs. Any. user which discharges any toxic pollutants which cause an increase in the cost of man- ! aging the effluent or the sludge from the city's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treat- ment works, shall pay for such increased costs. The charge to each such user shall be as determined by the director of public works and approved by the city council by resolution. (t) Applicability of charges. The user charge rates established in this section apply to all users of the city's treatment works, tegardless of the location of such users. (g) Water not discharged into system. If any user of water con. _ sumes water for any purpose which does not cause discharge into j the sanitary sewer system, and if approved by the city and as established by a separate water meter installed and maintained by such user, the consumption of such water can be determined, no charge shall be made on the basis of water so supplied. Resi- dential contributors shall not be allowed this option, unless ap. proved by the finance department. (h) Water discharged into system from private source. If any person shall discharge water into the city sanitary sewer system .from private wells or other sources other than the city water system, the city shall have the right to install a meter at the owner's expense to measure such flow or to use whatever means are satisfactory to the owner and the city to measure such flow for the purpose ordetermining sewage treatment charges. (i) Effective dates. The sewer rates and charges herein estab. lished will be effective with the billings sent after the effective Supp. No. 35 2274.1 M I § 33-16 IOWA CITY CODE I dates listed in the schedule of fees. (Ord. No. 81.3021, Art. IV, §§ 1-8,5.5-81; Ord. No. 86-3290, § 3, 6-17.86; Ord. No. 87.3341, § 1, 9.8.87) Cross references—Water meters, 11133-149-33-165; water rates, § 33-163. Sec. 33.46. Same—Billing procedures; delinquent accounts; collection procedures. (a) Billing frequency; delinquent accounts. All users shall be billed either monthly or bimonthly. Billings for any particular period shall be mailed to users within thirty (30) days after the end of that period. Payments are due as of the date the billings are mailed, which date shall be the billing date. If full payment of the amount billed is not received within fifteen (15) days after the billing date, the user's account shall be considered delinquent. As to locations at which city sewer and water service is being provided, the user's/consumer's account shall be billed and col- . lected as a single combined account. In the event of a delinquency'. in payment as to either sewer service or water service, subse. quent payments shall be credited first to the delinquent bill or bills, and then to the current billing. In the event that a user fails to pay the full amount of the user's bill for sewage treatment system service within thirty (30) days after the billing date, service may be discontinued, follow- ing due notice, or such charges may be certified by the city council and assessed against the property connected with the sewage disposal system and forwarded to the county auditor for collection in the same manner as a property tax. (b) Notice of service discontinuance, • hearing. The department of finance may discontinue sewer service to any user who has failed to pay for the sewer service supplied, after giving the user notice and on opportunity for a hearing before the director of Finance or his/her designated representative. The notice shall be mailed by first class mail to the affected user not less than twenty-four (24) days in advance of discontinuance, and shall be posted at the service location or locations not less than five (6) days in advance of discontinuance, shall state in writing the reason for discontinuance of service, shall identify the account or accounts and service location or locations for which payment is Supp. No. 36 2274.2 11-11 UTILITIES 13346 delinquent, shall state the amount or amounts of such delinquen- cies and service charges, shall identify the service location or locations at which service will be discontinued, and shall state the date or dates on which such service will be discontinued. (c) Discontinuance of sewer service; location within joint sewer and water accounts. When a user's account for sewer service at a location served by city water and sewer service is delinquent as provided in (a) above, sewer service may be discontinued by the city's cessation of water service at that location. Cessation of water service may, at the city's option, be accomplished by shut- ting off the service water valve at the stop box, if available, or removal of the user's meter. The city shall have unrestricted access to such valves and meters for the purposes specified here- in, regardless of whether those devices are located in city street right-of-way, city easement, or on the property of the user. (d) Discontinuance of sewer service; locations with sewer service only. When a user's account for sewer service at a location served by city sewer service, but not by city water service, is delinquent as provided in (a) above, sewer service may, at the city's option, be discontinued either by disconnection of the user's sewer ser- vice line from the city's sewer main, or by plugging said service line. The city shall have unrestricted access to all sewer service connections for the purposes specified herein, regardless of whether those connections are located in city street right-of-way, city ease- ment, or on the property of the user. (e) Discontinuance of sewer service users with multiple accounts at nmlliple, sites. Notwithstanding (c) and (d) above, when an individual user is billed under two (2) or more accounts for sewer use at two (2) or more separate sewer service locations, a delin- quency in payment for service provided at any one or more of the said locations shall be cause for the city to discontinue service at all service locations serving that user, regardless of whether the accounts for use at such other locations are delinquent. (q Restoration of service; fees and charges. Upon payment of all delinquent sewer service fees, and water service fees where ap- plicable, and service charges as hereafter provided, the city shall cause the user's sewer service to be restored. A user whose sewer service is to be restored by restoration of water service shall pay Supp. No.36 2274.3 9W 4 3346 IOWA CITY CODE the carding fee for shutoff authorized by section 33-169(c) and set forth at section 32.1.73 of the Code of Ordinances. A user whose sewer service is to be restored by reconnection of the user's sewer service line, or removal of the plug therefrom, shall pay as a service charge the city's actual cost of disconnec. tion or plugging, and the estimated cost of reconnection or un- plugging of the-servicelineor lines involved. The user will be creditedor billed for the difference between the estimated and actual cost of reconnection or unplugging. It Shall be. prohibited for: any person to restore or attempt to restore, without city: authorization, sewer service at a location where sewer service has been discontinued by the city. '(g) Lien. In addition to the Above,- the city shall have a lien upon the property of any user or property owner who has failed to pay for sewer service supplied. After notice and public hearing, the,city shall.adopt by resolution and the city clerk shall certify the amount of the lien and file the same with the county auditor. Such lien shall- attach to the property. which was served upon ,ice certificationby the city council. Liens perfected in this shell be assessed manner against the property to the extent of the balance due to the city for sewer service supplied and losses incurred in perfecting suchlien. Such lien shall be enforced until payment of the claim. When the lien is satisfied by payment of the claim, the city shall acknowledge satisfaction thereof and file a release with the county auditor. Provided further, however, that any rental property owner or manager shall furnish to the city in writing the name and forwarding address and telephone number (if known) of formertenants who have vacated the premises where sewer bills are past due and unpaid. Providing this information shall cause the city to forbear filing the lien provided for in this section. (h) Fee /or delinquent accounts. The director of finance is au- thorized to charge a fee for delinquent sewer service Accounts. The amount of such fee shall be as set forth in the schedule of fees, section 32:1.73. Sewer service to a property which has been discontinued pursuant to this section may be resumed provided that the customer br property owner pays the delinquent amount plus all additional fees'and charges. Sewer service to rental prop. erties shall be resumed notwithstanding failure of the persons Supp. No. 36 2274.4 949 ' UTILITIES 4 3354 formerly living there or occupying the premises to have paid all sewer bills provided that all such persons have vacated the prem- ises as verified in writing by the rental property owner or manager. (U Regulations regarding billing and maintenance of sewer ser, vice account records. The director of finance is authorized to adopt and promulgate rules and regulations not inconsistent with this chapter regarding billing procedures for sewer service ac. counts, regarding the maintenance of records on such accounts, and regarding collection procedures for such accounts. (Ord. No. 81.3021, Art. V, §§ 1, 2, 5.6.81; Ord. No. 88-3359, § 1, 1-12-88) Sec. 33-47. Same—Review;'cbnnges to rates. (a) The city shall review the user charge system at least every two (2) years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement, payment of principal and interest and the bond and interest reserve fund, and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. Before any ordinance is enacted to fix rates to be charged under this division, a public hearing on the proposed change shall be held by the city council. (b) The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement and the rate being charged for sewer bond debt service for the treatment works. (Ord. No. 81-3021, Art. VI, §§ 1, 2, 5-5.81) Secs. 33.48-33.53. Reserved. DIVISION 4. STORM NATER RUNOFF I � Sec: 33.64. Definitions. • As used in this division, the following terms shall have the meanings indicated: Supp. No. 36 2274.5 I 9zl9 9 5 3354 IOWA CITY CODE Control structure. A facility constructed to regulate the volume - - of storm water runofr that is conveyed during a specific length of time. Director o%public works. The director of public works or his/her designate. Dry bottom storm water storage arem A facility that is designed to be normally dry and which accumulates excess storm water only during periods when the restricted storm water runoff re- lease rate is less than the storm water inflow rate. Excess storm water. That portion of storm water runoff which exceeds the transportation capacity of storm sewers or natural drainage channels serving a specific watershed. Excess storm tooter passage. A channel formed in the ground surface to carry storm water runoff through a specific area. Lou) flow. The transport or flow of a normal or usual volume of storm water as opposed to a high or peak volume which would utilize overflow facilities. Natural drainage Water which flows by gravity in channels farmed by the surface topography of the earth prior to changes made by the efforts of man. Positive gravity outlet A term used to describe the drainage of an area in a manner that will ensure complete removal of all surface water by means of natural gravity. Safe storm water drainage capacity. The quantity of storm water runoff that can be transported within a channel, passage, can- duit, tube, duct, or combination thereof in such a manner that, the elevation of the water does not rise sufficiently above the level of the adjacent ground surface so as to cause damage to structures or facilities located thereon. Storm water runn(j Water thut results from precipitation which is not absorbed by soil or plant material, Storm water runoff release rate. The rale at which storm water. runoff is released from dominant to servient land. Supp. No. 36 2274.6 9�9 6 UTILITIES 533166 of public works will not be responsible for the purity of water after it leaves the supply line when it is delivered to the pur- chaser's container. (Ord. No. 75-2773, § IV, 7.22-75; Ord. No. 87-3341, § 4, 9.8.87) Sec. 33.166. Billing procedures; delinquent accounts; collec- tion procedures. (a) Classification of seruice; billing frequency; delinquent ac- counts. Water service shall be classified by consumer type: Resi- dential, commercial/retail, industrial, governmental/institutional, other (consumers outside corporate limits). The director of finance shall determine the classification of each consumer based on such criteria as rate of consumption, water use, size of meter, etc. Meters on residential service shall be read bimonthly (once every two (2) months). Charges and billings for services shall be billed bimonthly (once every two (2) months) based upon actual read- ings. The frequency of meter readings and billings for other consumers shall be determined by the director of finance. Billings for any particular period shall be mailed to consumers within thirty (30) days after the end of that period. Payments are due as of the date the billings are mailed, which date shall be the billing date. If full payment of the amount.billed is not received within fifteen (15) days after the billing date, the consumer's account shall be considered delinquent. As to locations at which city sewer and water service is being provided, the user's/consumer's account shall be billed and col- lected as a single combined account. In the event of a delinquency in payment as to either sewer service or water service, subse- quent payments shall be credited first to the. delinquent bill or bills, and then to the current billing. In the event that a consumer fails to pay the full amount of the consumer's bill for water service within thirty (30) days after the billing date, service may be discontinued, following due notice, or such charges may be certified by the city council and assessed against the property connected with the water system and for- warded to the county auditor for collection in the same manner as a property tax. Supp. No. 36 2299 im I 633-166 IOWA CITY CODE (b) Notice of service discontinuance; hearing. The department of finance may discontinue water service to any consumer who has failed to pay for the water supplied, after giving the con- sumer notice and an opportunity for a hearing before the director of finance or histher designated representative. The notice shall be mailed by first class mail to the affected consumer not less than twenty-four (24) days in advance of discontinuance, shall be posted at the service location or locations not less than rive (5) days in advance of discontinuance, shall state in writing the reason for discontinuance of service, shall identify the account or accounts and service location or locations for which payment is delinquent,' and shall state the amount or amounts of such delin. quencies and service charges, shall identify the service location or locations at which service will be discontinued, and shall state the date or dates on which such service will be discontinued, (c) Discontinuance of water service When a consumer's account for water service at a particular location is delinquent as pro. vided in (a) above, water service at that location may be discon. tinued by shutting off the service water valve at the stop box, if available, or removal of the consumer's meter, The city shall have unrestricted access to such valves and meters for the pur. poses specified herein, regardless of whether those devices are located in *city street right-of-way, city easement, or on the prop- erty of the consumer. (d) Discontinuance of water service; consumers with multiple accounts at multiple sites. Notwithstanding (c) above, when an individual consumer is billed under two (2) or more accounts for water consumption at two (2) or more separate water service locations, a delinquency in payment for service provided at any one or more of the said location shall be cause for the city to discontinue service at all service location serving that consumer, regardless of whether the accounts for consumption at such other locations are delinquent. (a) Restoration of service; fees and charges. Upon payment of all delinquent water service fees, and sewer servicefees where' applicable, and service charges as hereafter provided, the city shnll cause the consumer's water service to be restored. A con. sumer whose water service is to be restored shall pny the carding Supp. No. 36 2300 w0 9 UTILITIES 4 33.166 fee for shut-off authorized by section 33.169(c) and set forth at section 32.1.73 of the Code of Ordinances. It shall be prohibited for any person to restore or attempt t.o restore, without city' authorization, water service at a location where water service has been discontinued by the city. M Lien. In addition to the above, the city shall have a lien upon the property of any user or property owner who has failed to pay for water supplied. After notice and public hearing, the city shall adopt by resolution and the city clerk shall certify. the amount of the lien and rile the same with the county auditor. Such lien shall attach to the property which has served upon certification by the city council. Liens perfected in this manner shall be assessed against the property to the extent of the balance due to the city for water supplied and losses incurred in perfect. ing such lien. Such lien shall be enforced until payment of the claim. When the lien is satisfied by payment of the claim, the city shall acknowledge satisfaction thereof and file a release with the county auditor in the county where the property is situated. Provided, further, however, that any rental property owner or manager shall furnish to the city in writing the name and for. warding address and telephone number (if known) of former ten- ants who have vacated the premises where water bills are post due and unpaid. Providing this information shall cause the city to forbear riling the lien provided for in this section. (g) Fee for delinquent accounts. The director of finance is au. thorized to charge a fee for delinquent water service accounts. The amount of such fee shall be as set forth in the schedule of fees, section 32.1.73. Water service to a property which has been discontinued pursuant to this section may be resumed provided that the customer or property owner pays the delinquent amount plus all additional fees and charges. Water service to rental properties shall be resumed notwithstanding failure of the per. sons formerly living there or occupying the premises to have paid all water bills provided that all such persons have vacated the promises as verified in writing by the rental property owner or manager. (h) Regulations regarding billing and maintenance of water service account records. The director of finance is authorized to Supp. No. 36 2300.1 4 33.166 IOWA CITY CODE adopt and promulgate rules and regulations not inconsistent with this chapter regarding billing procedures for water service ac- counts, regarding the maintenance of records on such accounts, and regarding collection procedures for such accounts. (Ord. No. '75.2773, 4 V, 7-22.75; Ord. No. 76.2802, 5 II, 6-22.76; Ord. No. 88.3359, 4 2, 1.12.88) Sec. 33.167. Reserved. Editor's note—Section 3 of Ord. No. 883359, adopted Jan. 2, 1988, repealed 4 33.167, "Collection procedures," as derived from Ord. No. 76.2801, 4 Ii, adopted June 22, 1976; Ord. No. 77.2841, 12, adopted June 28, 1977; Ord. No. 80.2994, 4 211, adopted April 15,1980; Ord. No. 833142, 4 2B, C. adopted Aug. 30,1983; and from Ord. No. 873341, 15. adopted Sept. 8, 1987. See. 33-168. Procedure for fixing rales. Before any ordinance is enacted to fix rates to be charged under this division, a public hearing on the proposed change Shall be held by the city council at a time determined by mo- tion of the city council. Notice of such hearing shall contain Supp. No. 36 2300.2 9V-9 a ZONING 4364 structed as will permit the vehicle to be used for year- round occupancy as a single-family dwelling and con- taining water supply, waste disposal, heating and elec- trical conveniences. A mobile home is factory -built housing built on a chassis. A mobile home shell not be construed to be a travel trailer or other form of recrea- tional vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations ap- plying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and re- gardless of the nature of the foundation provided. How- ever, certain mobile homes may be classified as "manu- factured homes." (4) Modular home: Any single-family dwelling unit which is manufactured in whole or in components at a place other than the location where it is to he placed; which is assembled in whole or in components at the location where it is to be permanently located; which rests on a permanent foundation or slab; which does not have wheels or axles affixed as a part of its normal con- struction; and which does not require a license by any agency as a motor vehicle, special equipment, trailer, motor home or mobile home. (5) Motel- A residential building licensed by the state, usually located along highways, occupied by and used principally as a place of lodging for guests. The term "motel" includes "motor hotel." (n) (1) Nonconforming lot A lot which does not conform to the provisions of this chapter relative to lot frontage, width or area for the zone in which it is located by reason of the adoption of this chapter or subsequent amendments thereto. (2) Nonconforming structure A structure or portion thereof which does not conform to the provisions of this chap- ter relative to height, yards or building coverage for the zone in which it is located by reason of the adop- tion of this chapter or subsequent amendments thereto. (3) Nonconforming use: Any use that is not allowed within the zone in which it is located or any way in which Supp. No. 36 2493 L _. 1864 IOWA Crry CODE land or a building with the pro'visione�oF used that is not in compliance adoption of this a this chapter by reason of the thereto. hapter or subsequent amendments (4) Nursing r fit co ia•. A facility operated by a propriety, or regulated by rporation or association and licenaed or dation ofco valescents orntal entity for the are not i • need of hospital care but whohrequire skilled erpersons o are not to related services. care and/or (0) (1) Perini approved pl Permiata• A Private street which was tted under the terms of the zoning ordinance Prior to the adoption of this chapter. Such streets were established either by the city council or by the board lotOf front natment as a variance to the requirement that a lot front on a public street. (2) b Open buildingsdr- en spina• That portion of the lot that is not covered , ves, parking spaces and aisles. (3) Open apacg common.• shared by all Open space the use of which is occupants of more than one dwelling IJ as distinguished from private open space. (4) Open space, nrivale Open space used b dwelling unit. y occupants of a (6) ..Overlay zone.- A set of zoning requirementi that is Develapsedmentsdwithintthe those layhzone, except in the case of an OPD -H zone, must conform to the require. Monte of both zones or, in the case of a disparity, the more restrictive requiremonts of the two (2). (6) Owner,- The person who holds the fee simple or equita. ble title to the property, (P) (1) Park. -ng area- An o1rstreet facility intended or designed for the parking of more than four (4) motor vehicle,,, including parking spaces, aisles and tree islands. (2) Parking space- An asphalt, concrete or similar perma- nent dustfree surface which is intended for otfstreot vehicular parking, (9) Patio: A covered or uncovered surfaced outdoor living SuPP• No. 36 area at grade abutting and accessible from a dwelling. 2494 90y 6 N ZONING 4 384 (4) Performance standard, A minimum requirement or maximum allowable limit on the effects or character- istics of a use, written in the form of regulatory language. (5) Permitted use: A principal use which is allowed in the zone in which it is listed subject to compliance with the dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of the chapter. (6) Person: Any individual or group of individuals, corpo- ration, partnership, association, or any entity, includ- ing state and local governments and agencies. (7) Personal service establishment An establishment primar- ily engaged in providing services generally involving the care of the person or his/her apparel. Such estab- lishments include but are not limited to the following: ' Laundry, cleaning and garment services; photographic studios; beauty shops; barbershops; shoe repair shops, shoeshine parlors, and hat cleaning shops; funeral homes, -�� and other establishments engaged in providing per- sonal services such as steambaths, reducing salons and health clubs, clothing rental, locker rental, and porter services (see major group 72 of the Standard Industrial Classifications Manual). (8) Planting area: An unpaved pervious area intended or used for the placement of a tree. (9) Porch: A covered entrance to a building consisting of a platform area, with open or enclosed aides, projecting from the wall of a building. (10) Premises: See "lot." (11) Principal building: A building which contains the prin- cipal use. (12) Principal use: The primary use(B) of land or a structure as distinguished from an accessory use, e.g., a house is a principal use in a residential area; a garage or pool Is an accessory use. (18) Projections (into yards): Parts of buildings such as ar- chitectural features which protrude into the required yard or yards. (14) Provisional use: A principal use which is allowed in . the zone in which it is listed subject to compliance Supp. No. 36 2495 N ■ 136-4 IOWA CITY CODE with the specific requirements mentioned with the use and all other dimensional requirements and special requirements (if any) of the zone in which it is listed and general requirements of the chapter. (16) public utility: A system which is owned and operated by a licensed public utility company or by a railroad company. Such systems do not include those owned and operated by the City of Iowa City or other gov. ernmental agency. (q) (1) Quarry: Land used for the purpose of excavating atone or slate as an industrial operation. (r) (1) Religious institution: An organization having a reli. gious purpose, which has been granted an exemption from federal tax as a Section 601(cX3) organization under the Internal Revenue Code, including churches, rectories, meeting halls, schools and the facilities that are related to their use. (2) Remodellrepair. Any improvement in a building which is not a structural alteration. i (3) Restaurant- A business where the dispensing and the \,v consumption at indoor tables of edible foodstuff and/or beverage is the principal business, including a cafe, cafeteria, coffee shop, delicatessen, lunchroom, tearoom, dining room, bar, cocktail lounge or tavern. The total seating area located within the enclosed portion of the premises is more than fifty (60) per cent of the total floor area. (4) Restauran;drivein/mrryouCAnauto-oriented use whose principal operation is the dispensing of edible food- stuff and/or beverage for consumption in automobiles, at indoor or outdoor tables, at stand-up counters or to be carried off the premises. The total seating area, if provided, is less than fifty (60) per cent of the floor area, (6) Retail establishment- An establishment engaged in sell. ing merchandise for personal or household consump- tion, and rendering services incidental to the sale of the goods. Such establishments will have the follow - Ing characteristics: The establishment is usually a place Supp. No. 36 2496 979 9 I n ZONING 1364 of business and is engaged in activities to attract the general public to buy; the establishment buys or re- ceives merchandise as well as sells; the establishment may process its products, but such processing is inci- dental or subordinate to selling; the establishment is considered as retail in the trade; and the establish- ment sells to customers for business or personal uses. (6) Rezoning. A change in land use regulations. Rezon- ings can take three (3) forms: (a) A comprehensive revision or modification of the zoning text and map; (b) A text change in zone requirements; or (c) A change in the map, i.e., the zoning designation of a particular parcel or parcels. (7) Root The top covering of a building constructed to shield the area beneath from the weather. The term "roof' includes the term "canopy." (8) Roof line: The highest point of the coping of a flat roof; the deck line of a mansard roof; and the midpoint between the eaves and ridge of a saddle, hip, gable, gambrel or ogee roof. Supp. No. 36 2496.1 949 F ZONING 1364 (4) Vehicle, storage of- A vehicle or portion thereof which isparked in the same position for a period of forty- eight (48) hours or more. (w) Reserved (x) Reserved (y) (1) Yard A required area on a lot unoccupied by struc- tures above grade except for projections and the spe. cific minor uses or structures allowed in such area under the provisions of this chapter. A yard extends from the grade upward. (2) Yard front• The required area across a lot between the 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 rear lot line. (4) Yard, side! The required area from the front yard line to the rear yard line and from the side yard line to the side lot line. (5) Yard line, %rant• A line from one sidn lot line to an- other side lot line, parallel to the street, and as far back from the street as required in this chapter for the front yard. (6) Yard line, rear: A line parallel to the rear lot line as far forward from the rear lot line as required by this chapter (see "lot line, rear"). (7) Yard line, side.• A line parallel to the side lot line and as far from the side lot line as required by this chapter. (z) (1) Zona• A portion of the city delineated on the zoning map in which requirements and development stand. ards for the use of land and buildings within, above or blow the zone aro prescribed in this chapter. (2) Zoning code interpretation panel: A staff panel desig- naled by the city manager to interpret the provisions of the zoning ordinance in such a way as to carry out its intent and purpose. (3) Zoning map: The map delineating the boundaries of zones which, along with the zoning text, comprises the zoning ordinance. Supp. No. 36 2501 a H 4 36.5 IOWA cfry CODE (Ord. No. 85-3252, § 1, 9.10-85; Ord. No. 86.3301, § 1, 11-4-86; 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) Cross references—town River corridor overlay zone definitions, 4 364; sign regulation definitions, § 3661. ARTICLE II. PRINCIPAL USES AND REQUIREMENTS DIVISION 1. ZONES 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 land may continue, until such time as the city is able to provide municipal services and urban development can take place. Upon provision of municipal services, the city will and the property owner may initiate rezoning of property to uses consistent with the comprehensive plan. ID designations on the zoning map shall be reevaluated with each revision of the comprehensive plan, ID designations shall consist of MRS (single-family residential), ID -RM (multifamily residential), ID -ORP (office research park), �- and ID-RDP (research development park) to reflect the intended use of the property in the future. (b) Permitted uses. (1) Farms. (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. (3) Livestock feedlots, except confinement feeding operations, pr6vided they are located not closer than one-fourth (�/Q mile In any R zone boundary. Supp. No. 36 2502 \J I ZONING 136.83 (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) Attached 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 street right-of-way line is provided. Sec. 364& Off-street parking requirements. When required or provided, off-street parking and stacking spaces, aisles and drives shall be provided and maintained in compliance with the following requirements: (a) 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 commencement of a principal use a minimum number of of£ -street parking and stacking spaces as follows: Supµ No. 36 2601 9�9 IF e Principal Use 9 ? (1) Reaidentfal uses x P a. Family care facility W m b• Hotels and motel, m ro c• Mobile and modular homes d. Multifamily dwelling, Zone Number/Space, m Where permitted Four (4)parking spaces m I. Where permitted ex- sept CB -10 One and One-quarter (IV) parking spares for each goat unit 2. CB -10 Parking spaces shall be furnished b ag spaces within a publicly owned puking facility located within three hundred (900) feet of the hotel or motel, as specified by a written agree, ment between the owner of the hotel end the p^ owner of the perking facility; or one and one- quarter (IV.) kiB on the came lot as the use solved or within three hundred (900) feet RMH TWO (2)perking spaces for each home C 0 I. Where permitted ex. Ace eding to the following M sept high -rifts in the table; RM -148 and CB•2 nines Floor area Parking spacer 1`e9 -R1 per dwi ing unit up to 800 1.5 800 and . aver .. 2. High-cleee,, • In the One epaca for each dwelling unit RM -145 and CB -2 cans ZONING 13868 (8) The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles, or the major re- pair of vehicles is prohibited in required offstreet park- ing and stacking spaces. (7) Prior to the issuance of a certificate of occupancy as provided in section 3686, all parking and stacking spaces, drives and aisles shall, as provided in section — — 36.58(eXl) be paved with concrete, asphalt Wid similar _ duatfree surface; except that the building official n.ay issue a temporary certificate of occupancy in those instances where the building official finds that the paving cannot reasonably be completed due to adverse weather conditions or settling of land on the site after demolition,or filling. A temporary certificate of occu. pancy shall be effective only to a date specific, and, as a condition to issuance of such a temporary certificate, the property owner shall place in an escrow account, established with the city, an amount which shall cover one hundred ten (110) per cent of the anticipated cost of paving. (c) Construction, design and location requirements. (1) Construction. All parking and stacking spaces, drives and aisles shall be constructed of asphalt, concrete or similar permanent dustfree surface. (2) Design. Except for single-family dwellings (including zero lot line and townhouse units) and duplexes, park- ing and stacking spaces, aisles and drives shall be designed as follows: a. Parking areas shall have the minimum dimen- sions illustrated in Figure 1 of each of the parking configurations permitted (where the edges of park- ing spaces are curved, as on a curved aisle, all angles.shall be measured between the straight Supp. No. 36 2611 9o9 3"8 IOWA CITY CODE PALKIN4 1QTIOrJS AN9 DIMENSIONS Dg2D V!.E5 �PACr VEFIIGL6S i : j i i • i � �N• ' � �* � 1wYI {I{I .I..i'J.I fyY n 1 1 1 i f 1�.y�V AMC ' u' wri.•.• r.•1 ��%I•ti•!•7 �vr tory i ANLG d I 1 1 fora -� tl L r✓tr � I 7 M C ]Y I ALC R I I i I i Supp. No. 38 2612 \1—/ 9V9 9 �f ZONING 4 3658 edges of the parking spaces and tangents to the curved edges at their point of intersection). b. Up to one-half of the required number of parking spaces may be eight (8) feet in width by fifteen (16) feet in length if the parking spaces are signed "Compact Vehicles Only." c. All parking spaces shall be connected to an aisle which shall have a minimum width as indicated in Figure 1. Aisles designed for two-way traffic shall have a minimum width of twenty-two (22) feet. d. The greatest aisle width shown in Figure 1 shall be provided when combining different parking space configurations on the same aisle. e. Parking spaces shall be designed to permit ingress and egress of the vehicle without moving any other vehicle occupying a parking space. For single-family dwellings (including zero lot line and townhouse units) and duplexes, when located pursuant to the requirements of this chapter, one space may be behind another. f. No parking area shall be designed in such a man• ner that exiting a parking area would require backing into a street. g. If the number of parking spaces required or pro• vided for a use or a combination of uses on a lot is greater than eight (8) spaces, none of those spaces may be located in such a manner that would re- quire backing into an alley. 'h. Parking spaces along lot lines and alleys shall be provided with car stops or curbing so no part of a parked vehicle can extend beyond the lot line or into the alley. In addition, traffic islands of pervi• ous or impervious material shall be located so that parking spaces are separated from drives and alleys in a manner similar to that illustrated below: Supp, No, 38 2613 9�9 F § 36.58 IOWA CITY CODE i r . L .All parking spaces, stacking spaces, drives and . aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water .from such areas.onto streets and alleys which do not have adequate drainage facilities as determined - by the city engineer. .. j. In all parking areas required by this chapter, park. - ing spaces shall be visibly delineated on the sur- - face.by painted. or marked stripes. k, If two (2) or more parking areas on a lot are con. nected by a drive, the parking areas shall be de- signed so that an aisle connected to more than twelve (12) parking spaces is not used as a drive in providing access to another parking area. I. A drive providing access to a parking area with more than eighteen (18) spaces:sh'all.be no less than eighteen (18) feet in width if designated for two-way traffic, or ten (10) feet in width if de- signed -for one-way traffic. (3) Location: Parking -.spaces, aisles and drives shall be located as follows. a. General. . I. Off-street parking and stacking spaces, aisles and drives shall be located on the same lot as the use served except as provided in subsec. tion (d). Supp. No. 36 2814 9l9 I I ZONING 43658 2. In all R zones, except for zero lot line dwell• ings, and in all other zones abutting an R zone, drives and aisles shall not be located closer than three (3) feet to a lot line or an R zone boundary unless pitched or curbed and drained to prevent the flow of water onto ad• joining property or unless a drainage course has been established along lot lines for the purpose of storm water runoff. 3. A parking area in a C or I zone shall not be located closer than rive (5) feet to an R zone boundary; except an existing nonconforming parking area with a permanent, dustfree sur. face may be located within five (5) feet of an R zone boundary if the parking area is screened from view within the R zone by a solid fence of durable construction which complies with the regulations of section 36.760) and section 36-65.. 4. Except for single-family dwellings (including zero lot line and townhouse units) and duplex. es, no parking space shall be located closer than five (5) feet to a ground floor doorway or a window of a dwelling unit. b. Front yard. 1. Except as provided below, in R zones and in the C and I zones within fifty (60) feet of an R zone, no parking shell be permitted in the front yard. Supp. No. 36 2614.1 9�9 9 ZONING § 36.69 identified with signs for use by handicapped persons. The spaces shall be a minimum of twelve (12) feet, six (6) inches wide and located with the most convenient access to the building. A smooth, unimpeded surface shall be provided from the parking spaces to the building entrance. (i) Modification of parking requirements. Where it can be dem. onstrated that a specific use has such characteristics that the number of parking or stacking spaces required is too restrictive, the board of adjustment may grant a special exception to allow not more than a fifty (50) per cent reduc. tion, and more for buildings placed on the National Regis. ter of Historic Places, in the required number of parking or stacking spaces. (Ord. No. 85.3260, § 2A, 11.19.85; Ord. No. 85.3266, § 2, 12.17-85; Ord. No: 85.3267, § 2, 12.17-85; Ord. No. 86.3306, § 1, 12.16.86; Ord. No. 87-3319, § 1, 5-5.87; Ord. No. 88-3366, § 1(1)--(4), 2.23-88) Cross reference—Stopping, standing and parking, 123-234 at seq. Sec. 36.69. Off-street loading requirements. Except in the CB -10 zone, off-street loading spaces shall be provided and maintained in compliance with the following requirements: (a) Required number of off-street loading spaces. With any retail use, warehouse, supply house, wholesale distributor, manufacturing establishment, industrial or research labo. ratory, or similar use which requires the receipt or distri. bution of materials or merchandise by trucks or vans and which has a floor area of ten thousand (10,000) square feet or more, there shall be provided the minimum number of loading spaces as follows: Square Feet ofAggregate Minimum Required Number Gross Floor Area of Spaces 10,000 to 20,000 1 20,000 to 40,000 2 40,000 to 80,000 3 80,000 to 120,000 4 120,000 to 160,000 6 For each additional 80,000 1 additional Supp. No. 36 2819 136-59 IOWA CITY CODE / N (b) General rules applicable to off --street loading. Except as otherwise provided in this chapter, the same rules appli. cable to off-street parking, section 36.58(6), shall apply to off-street loading. (c) Design requirements. (1) All loading spaces shall be constructed of asphalt, con- crete or similar permanent dustfree surface. (2) Loading spaces shall beit minimum of ten (10) feet in width, twenty-five (25) feet in length, and twelve (12) feet in height, exclusive of aisles. When more than two (2) spaces are required, the spaces other than the first two (2) shall be not less than twelve (12) feet in width, seventy-two (72) feet in length, and fourteen (14) feet in height. (3) All loading spaces shall be pitched and drained to prevent the flow of water from such areas onto streets and alleys which do not have adequate drainage £acuities. (d) Loading space location (1) Except in the CB -2 Zone, loading spaces shall be lo. cated so that trucks or vans to be loaded or unloaded do not back onto or out of a street. (2) In R and ORP zones and in the C and I zones within fifty (50) feet of an R or ORP zone, no loading space shall be located in the front yard, (3) Loading spaces may be provided within a side or rear Yard but shall not be located closer than five (5) feet to a lot line. Sec. 36.60, Sign regulations[—Generally.) (a) lntenit It is the purpose of the sign regulations to enhance and protect the physical appearance and safety of the commum. ty, to protect property values and to promote the preservation of Iowa City's areas of natural, historic and scenic beauty, It is further intended to reduce distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs projecting over public rights-of-way, provide for a rea. sonable opportunity for all sign users to display signs for identifi. cation without interference from other signage, to provide for fair Supp, No, 36 - 2620 ZONING 4 3666 (b) If lots fronting on two (2) or more streets are required to have a front yard, a front yard shall be provided along all streets. (c) Where a frontage is divided among zones with different front yard requirements, the deepest front yard shall apply to the entire frontage. Where an ORP zone is included among the zones , the front yard required for the ORP zone need not be considered provided lots within one hundred (100) feet of the ORP zone shall have a front yard with not less than twenty (20) feet. (d) Where a lot in a C or I zone abuts an R zone, a yard at least equal to the abutting yard required in the R zone shall be pro- vided along the R zone boundary line. (e) Where more than one principal building is permitted on a lot; (1) The required yards shall be maintained around the group of buildings, and (2) Except in the RM -145 zone the buildings are separated by a horizontal distance that is equal to the height of the highest building. In the RM -145 zone, high-rise buildings shall be separated from other dwellings by a horizontal distance of eight (8) feet for the first story plus two (2) feet for each additional story. (I) There shall baa minimum of six (6) feet between all unat- tached buildings on a lot. (g) Residential uses, except motels and hotels, located at ground level In a C zone, shell be provided with the yards required in the R&5 zone. (h) In all zones, if,a aide or rear yard is provided where not required, the aide or rear yard shall be at least five (5) feet wide. (i) Parking and stacking spaces, aisles and driveways located in yards shall be subject to the provisions of section 86.58. Sec. 36-06. Permitted obstructions In yards. The following obstructions may be located in the required yards specified subject to the special conditions indicated. Supp. No. 36 2651 94Z9 4 3888 IOWA CITY CODE (a) Building& accessory. Accessory buildings may be located in any yard except the front yard, provided they Shall comply with the requirements of section 3657. (b) Building features. Eaves, cornices, marquees, awnings, can- opies, belt courses, sills, buttresses or other similar build- ing features which extend beyond the wall of a building may project into any yard provided that such projections from a principal building shall not be closer than two (2) feet to any side lot line. Such projections from an sory building hall not be closer than one foot to a rear lot linline or a side lot line. (M) Canopy, gas Pump island Unenclosed canopies over gas pump islandsmay be located in the required front yard provided the supports shall be no closer than ten (10) fe t to the right-of-way line. and not more (c) Chimney& Chimneys may project into any y than two (2) feet. (d) Dog runs. Dog runs constructed solely for the purpose of confining dogs for exercising and feeding may be located in any yard, provided that in an R zone they shall not be located in a front yard or side yard nor closer than ten (10) feet to a rear lot line. (e) Fences and any yard subject o he requirements of sectes. Fences and hedges may ion 836.68, in (F! Fire escapes and unenclosed stairways. Fire escapes and unenclosed stairways may extend into any yard provided they shall not extend into a side yard more than three and one-half (3%) feet. ial and industrial (g) FueWispensing equipment In zones fuel -dispensing eq ipment may be located in any yard. (h) ornamental features Light fixtures, flagpoles- arbors, trellises, fountlant boxes, plants and trees and others similar ornamental features may be located in any yard provided that; (1) than two (2)eet in eet intersections, fn height above the curb level hall Supp. No. 36 2662 �� ZONING 136-69 be located within a triangular area two (2) of its sides thirty (30) feet in length and measured along the rights- of-way linea from the point of intersection, and (2) Trees planted in the front yard shall comply with the locational requirements of section 36.73 and the for- estry ordinance of the City Code of Ordinances. Crass refennee—Forestry, 134.16 et seq. (i) Parking, off-street Except as otherwise provided in section 36.68, open off-street parking may be located in any yard. 0) Porches; balconies, decks and stoops, uncovered Porches, balconies, decks and stoops which are uncovered may ex- tend into any yard provided that such projections shall not extend into a front yard more than eight (8) feet. Stoops may extend into a side yard not more than two (2) feet. (k) Sign&Except as otherwise provided in section 36-60 et seq., signs may be located in any yard. N Swimming pools and hot tubs. Swimming pools and hot tube with a depth of eighteen (18) inches or more may be located in any yard, provided that in an R zone they shall not be located in a front yard and shall not be located closer than ten (10) feet to a aide or rear lot line. (m) Telephone coin-operated In commercial and industrial zones, coin-operated telephones may be located in any yard. (n) Windows. Bay windows and similar projecting windows may extend into any yard provided that in an R zone they shall not extend into the aide yard or the rear yard of a reversed corner lot. (Ord. No. 88.3369, 4 1, 3.8.88) See. 38.68. Requirements and exceptions for established setbacks. . (a) Where at least fifty (60) per cent of the lots along a frontage are occupied by buildings that deviate in setback more than five (6) feet from the required front yard, the minimum front yard for each lot along the frontage shall be established in the following manner: Supp. No, 36 2653 im 4 36.69 IOWA CITY CODE %\ I (1) H all the buildings have a setback of more than five (5) feet of the required front yard, the front yard shall be equiva- lent to the setback of the closest building to the street. (2) If all the buildings are located more than five (5) feet closer to the street than the required front yard, the front yard shall be established five (5) feet closer to the street than the required front yard. (3) If (1) or (2) is not the case, the front yard for each lot shall be determined as follows: a. Interior and double frontage lots. At the option of the lot owner, the front yard shall be established as the front yard required in the zone in which the lot is located or otherwise as follows: 1. The front yard of a lot shall be established as an average of the setbacks of the principal buildings on the abutting lots to each side.. 2. Where a principal building is located on an abut- ting lot on one side only, the minimum front yard shall be equal to the setback of the principal build. ing on the abutting lot.-^� b. Corner Iota. The minimum front yard of a comer lot shall be the front yard required for the zone in which it is located. (b) A special exception may be granted by the board of adjust- ment modifying yard requirements when the owner or lawful occupant of property demonstrates that such person's situation is peculiar to the property in question, that there is practical diffi- culty in complying with the dimensional requirements of the chapter and the conditions of section 36-91 can be met. (Ord. No. 87.3356, 6 1,12.22-87) Sec. 36-70. Height exceptions. ' (a) The following structures or parts thereof shall be exempt from the height limitations set forth in the zones indicated, pro. vided that an increase in height shall not conflict with the provi. sions of the Johnson County/Iowa City airport zoning ordinance: (1) In all zones. , Supp. Nn. 36 2654 9�9 9 R ZONING 4 36.70 '- a. Chimneys or flues. b. Church spires. c. Cupolas, domes, skylights and other similar roof pro• trusions not used for the purpose of obtaining habit• able floor space. d. Farm structures including barns silos, storage bins and similar structures when associated with a farm. e. Flagpoles. i i Supp. No. 36 2654.1 959 R 9�9 i CODE COMPARATIVE TABLE Section f Ord. No. Adpt. Dole Section this Code 2 23.274 3-5 23.276-23.278 6 23.279 Rpld 23.255 87-3338 9. 8.87 1 2537 87-3339 9. 8.87 1 Rpld 2.221-2.224 87.3340 9. 8.87 1 30-1-3010 873341 9. 8.87 1 3345 2-4 33.163-33.165 5 33.167 6 33.169 87.3342 9. 8-87 1 32.140, 32.1.55, 32.1.63, 32.1.65, 32.1-70, 32.1.73 2 Ch. 32.1(title) 87.3346 11.10.87 2 24.160-24.162 87.3349 12. 1.87 10D 364(01(2.1) (2) 364(e)(1.1) (3),(4) 364(h)(l),(1.1) (6) - 364c)(4) (6) 36.7(c)(3) (7) 36.8(c)(5) (8) 36-10(cX4) (9) 36-I1(cX5) (10) 36-12(cX10) (11) 36-13(c)(7) (12) 36.55(0.1) 873350 11.17.87 1 8.101-8.112, 8.124-8.127, 8.138-8.144, 8.146-8.154 87.3351 12. 1.87 1 7.25 2 Rpld 736 3 7.57 87.3352 12. 1.87 1,2 1.21, 1.22 87.3353 12. 1-87 1 9.1.7 87.3354 12. 1.87 1.2 Rpld 25-3,25-4 3 25.50 873356 12. 1.87 1 31-137 87.3356 12.22.87 1 36.69(b) 873357 12.22.87 1 36.23(cX4), (dX4.5) 87.3358 12.22.87 2 31.11 Supp, No. 36 2969 9�9 i Supp. No. 36 2970 IThe next page is 29711 �I 9�9 IOWA CITY CODE Ord. No. Adpt. Date Section Section this Code 883359 1.12.88 1 3346 2 33-166 88.33633 2. 9$8 1 Rpld 33167 88.3366 223.88 31.124 1 3658 2 36.58(cX2)b ' 3 36.58(Fig. l) - 4 36.58(cX2)I 8833685 28388 1 264(p)(2) 883369 3.888 1 9.1.2 36468(6.1) Supp. No. 36 2970 IThe next page is 29711 �I 9�9 CODEINDEX -- STREETS AND SIDEWALKS—Conl'd. Section Franchise rights, conditions, etc. See: Franchisee. See also specific franchised companies - Gasfranchiserights................................ 14.29 Permit......................................... 14.30 Telephone franchise rights .......................... 14.52 el seq. Felling of trees onto streets Tree and forestry regulations ........................ 34.16 at seq. Forestry. See that title . . Firezones ........................................... 8.19 Football, throwing balls, snowballs, missiles, etc. Games in streets................................... 31.3 Games in streets, playing •................••.+.......... 31.3 Grades of public ways Height.......................................... 31.9 Referencedatum.................................. 31.8 Sidewalk grades .... I.............................. 31.97 House moving regulations ............................ 8.58 at seq. House movers. See that title - Ice and snow removal Director's rule-making authority ..................... 31-123 Individuals, removal by .............................. 31.124 Notice toowner re time for removal .................... 31.122 Removal by city'...............•.. • • : • :......... 34121 Required......................................... 31.120 Manufactuied housing parks Requirements for sidewalks ......................... 2244(h) Requirements for streets ...........................: 22.35 Nuisances Debris on right-of-way .............................. 31.11 Offensive or disagreeable substance on ................. 24.101110) Numbering of buildings .............................. 31.83 et seq. House numbering. See that title Obstructions Obstructing street with wood, stone, earth, lumber, etc.... 31A Ordinances saved from repenl, other provisions not included herein. See the preliminary pages and the adopting ordi. nance of this code - Parade or procession Defined'.......................................... 31.1 Park regplalions.................................... 26.1 el seq. Parke and recreation. See thnt Lille Parking In specified places prohibited ................... 23.235 et seq. Traffic. See that title Permits. See within this title: Right-o4-Way Sign Permits Playing games in streets ....... :... . ......... 343 Supp. No. 36 3051 N IOWA CITY CODE STREETS AND SIDEWALKS—Contd. Section -... Poles and wires. See oleo that title Franchise grant regulations ......................... 14.1 at seq. Franchises. See that title Prohibited activities in parks, etc ....................... 25.1 Parks and recreation. See that title Public entertainment, defined ......................... 31.1 Public works department divisions ...................... 2.166 Publicly owned property Responsibility of abutting property owner .............. 31-12 Rally or demonstration Defined .......................................... 31.1 Removal of signs, expiration of provisions ................ 31.157 Right -of vary sign permit, Applicability of sign regulatloru ...................... 31.168 Application Contents ....................................... 31.149 .Generally ...................................... 31.148 Council action .................................... 31.150 Definition .............................:......... 31.146 Denial orrevocation ol, grounds; aRect ................. 31.163 Appeal and hearing ............................... 31•156 Effect of ........................................ 31.154 Expiration ofprevia(om,removal ofefgm............... 31.157 Findings and purpose ............................... 31.146 Nettie and scope of ................................ 31.161 Required ......................................... 31.147 Sign regulations, applicability of ..................... 31.168 Term ............................................ 31.152 Sidewalks Areae and coal holes ................................ 31.100 Changes in walks prior to certain date ................. 31-99 Construction and repair ............................. 31-108 et seq. Grades .......................................... 31.97 Ica and snow removal. See within thin Lille that subject Location ......................................... 31.98 Order to construct or repair .......................... 31.111 Permits.......................................... 31.110 Plana and specifications Conformance ................................... 31.109 Submission to council, approval ..................... 31.108 Repairs in general ................................. 31.112 Vehicles on ....................................... 23.64 Traffic. See that title Sign permits, See within this title: Right -of -Way Sign Permits Snow removal. See herelnabove: Ice and Snow Removal Storm water runoff facilities ........................... 3354 at seq. Water and sewers. Sec that title Supp. No. 36 3052 9�9 M 6 CODEINDEX i �-' WATER AND SEWERS—Cont'd. Section Emptying and disinfecting ............................ 33.29 Installation in water supply strata ..................... 33.26 Nuisances ......................................... 33.31 Permit from board of health ' Required........................................ 33.26 Privy requirements, generally ......................... 33$7 Sewers in general. See within this title: Sewers and Sewage Disposal Space limitations ................................... 33.32 Privy vaults Private sewage disposal. See hereinabove that subject Public works department divisions ...................... 2.166 Septic tanks Private sewage disposal. See hereinabove that subject Sewers and sewage disposal Building sewer requirements and industrial wants control. See hereinabove thatsubJect City organized Into one newer district .................. 33.16 Connections to systems Plumbing requirements ........................... 6.164 Required,when.................................. 33.17 .�- Utility requirements in general ..................... 331 at seq. Fees and chargee authorized in provisions .............. 32,1.73 Schedule of fees. See: Finances �— Privatesystems, connection of ........................ 33-17 Private sewage disposal, See within this title that sulycal Rates and chargee Fees and chargee authorized in provisions ............ 32,1.73 Schedule of fees. See: Finances; ace also within this title: Rotes and Charges User charge system Billing procedures .............................. 3346 Definitions ................................... 3343 Delinquent accounts, collection procedures ......... 3346 Funding ...................................... 3344 Purpose ...................................... 3342 Rates ............................... :........ 3345 Review; changes to rotes ......................... 3347 Storm water runoff. See within this title that subject Storm water runoff Administrative review of director's decisions ............ 3359 Building permit requirements ....................... 33.56 Construction of control structures or water detention facilities Prerequisites to ................................. 3356 Control in exec" of requirements ..................... 33.65 Definitions ........................... :........... 33.54 Dry bottom storm water storage area Design criteria .................................. 33.62 Supp. No. 36 3076.1 9 IOWA CITY CODE WATER AND SEWERS—Cont'd. Emergency orders ........... ectio Section ,4444, Generalrequirements .......................:...... �. Miscellaneous storm water storage areas 33-61 ............... Prerequisites to construction ofcontrol structures, 33-61 Purpose .......................................... ,9358 Regulations ............... 33. -55 ....................... Scope afprovisiane 3357 ................................... Subdivision regulations... 3356 .. Subdivisions. &a that title ........• Se.......a.:...... 32- 1 et seq. Wet bottom storm water storage area• Design criteria ...... ............. Utilities, applicable and'relative proviaifia;.1:. a . utilities 3363. ' Water supply and distribution Application for service pipe, denial •..,,,,,,,,•••, Chargee. See hereinbelow: Rates and Chaiges' 33.116 Connections Abandoned service pipes:Y;•; {;:!j ;,••.y, �•-, Application .................. ,.. .. •.,•• 33141 Loo and .•.•.•'.•.......... Pa cross. flee 33.133 .............:::. i:...:.: Mains, taps to ,.,....... 33-138 Maintenanceefservice ..4.4.04 33-135 .......:..:..:::.... Nonconformtngeonnectione,,,,,,,,,, 33.136 ,,,,•,•• ,-; r Service materials, joints........, ;;:; 93.140 ,;,••,; Service pipes................::.:1.'::.:•......, 33.137 33.134 /"`.. Trench, filling .....................::'.:..... 4444. Utility connections in general 33.139 ... ..:...... .'4:... 114. Damages by turning on water ' -+•�� : 33:1 et seq. Nonliability of city ... 0............ '33.123 _4 ........... Definitions l.-. -: ........4......:.:. .............. Fees and charges authorized in proMainns 33.115 ,',,,,,,,,, ,,;,• Schedule of fees. See; Finances 32,1.73 Hydrants, opening ................................. Inspections ....................................... 33.118 Mains !.. 33.117 Assessments .......... ........ .'. C�...::....:..•• Costs 33.122 ................... Multiple 33.121 meters authorized, when ,,,,,,,,,,,,,,,, ProoProteetion.... to to installing,,,,,,,,,,,,,,,,,,,,• 33.163 33.150 Rates and charge. ..,, Rates and chargee. Sea within this subtitle that adhjeet Required 33.154 ....................................... Size and extensions A 33.149 ...4... ;..... ofmeters .................. 33.120Size' . . TTest esting arresters .....:,;;,,,,,,,,,,•• ••: •••l.••. 33.153 33.166 Valveaund fittings ..................... .. ........ Motors 33.152 Location. Placement .............: ................ 33.151 Supp. No. 36 3076.2 9/9 CODEINDEX WATER AND SEWERS—Cont'd. Section Water Plumbers and other interested parties Information supplied to ............................ 33.119 Private wells ..................................... 33.125 Rates and charges Billing procedures ............................... 33.166 Connecting loops ................................ 33.170 Delinquent accounts; collection procedures ........... 33-166 Direct purchm rate .............................. 33-165 -- Director of public works, authority to establish fees and charges for services ........................... 33.169 Fees and charges authorized in provisions ............ 32.1.73 Schedule of fees. See: Finances Procedure for fizingrates .......................... 33.168 Rate schedule ................................... 33.163 Temporary useduring construction .................. 33.164 Shutoff of service .................................. 33.124 Watercourses. See also that title Supp. No. 36 3076.3 �i i RESOLUTION NO. 88=143 RESOLUTION APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDIVI- SION, PART THREE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Seville Corporation, an Iowa Corporation, and Carl M. Malmberg Estate, and Mary M. Malmberg, widow ofiarl M.cation form apprdval eofiled with the City Clerk of Iowa City, Iowa, an appl the final plat of Southwest Estates Subdivision, Part Three, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N0O053'42"E, 417.00 feet along the East Line of the Southeast Quarter of said Section 13 to SubdivesionthPa ter oneCand ethe fPo Point Lot lof Of Beginning; said Thencehwest Estates 155.20 feet along the Northerly Right -of -Way Line of Rohret Road, on a 1950.00 foot radius curve, concave Southeasterly, whose 155.16 foot chord bears S70034138"W; Thence S613017 49-1W, 69.03 feet on said Right -of -Way Line; Thence Northwesterly 23.56 feet on a 15.00 foot radius curve, concave Northeasterly whose 21.21 foot chord bears N66042111'W; Thence N21042'11"W, 276.67 feet along the Easterly Right -of -Way Line of Phoenix Drive; Thence Northwesterly 204.63 feet along said Right -of -Nay Line on a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N10024'15"W; Thence 1400053'42"E, 172.49 feet on said Right -of -Way Line; Thence Northwesterly 442.05 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 415.31 foot chord bears N160531O9"W, to the Southwesterly Corner of South- west Estates Subdivision, Part Four; Thence N55020'O0"E, 1619.52 feet along the Southerly Line of said Part Four; Thence N77 32129"E, 177.20 feet along the Southerly Line of said Part Four; Thence S89006'18"E, 197.22 feet along the Southerly Line of said Part Four to a Point on the East Line of the Southeast Quarter of said Section 13; Thence 500053'42"W, 1085.88 feet along said East Line to a Point on the Northerly Right -of -Way Line of Rohret Road and the Point of Beginning.d tract of easements land contains and restrictions20 acres, of record.more or less, Epoleofthe Comprehensive Plan Update; and with the growth manage- menticy WHEREAS, the off-site costs associated with the development must be incurred by the developer and are recoverable according to the procedure adopted by the Council which allows for collection of fees to repay developers for costs incurred in installing off-site public improvements needed to support out - of -sequence development; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same; and I(0 1 01 WHEREAS, the final plat has been examined by the Planning and Zoning Commis- sion and after due deliberation the Commission has recomnended that it be accepted and approved; and WHEREAS, the final plat is found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Southwest Estates Subdivision, Part Three is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, are hereby au- thorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the final plat after passage and approval by law. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X COURTNEY X DICKSON X HOROWITZ X LARSON X MCDONALD X STRAIT Passed and approved this 28th day of June 1988. v i i Approved as to Form ATTEST: C LEGAL-6E'is1CRTFiENT SUBDIVIDER'S AGREEMENT SOUTHWEST ESTATES SUBDIVISION, PART THREE THIS AGREEMENT, made by and between Seville Corporation, an Iowa Corporation, Carl M. Malmberg Estate and Mary M. Malmberg, widow of Carl M. Malmberg, the subdivider and owners, hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City", W I T N E S S E T H: 1. Consideration and Covenant. In consideration of the City approving the proposed sub- division known as Southwest Estates Subdivision, Part Three, an Addition to the City of Iowa City, Iowa, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lots in said subdivision un- less and until all streets are paved with concrete at least 28 feet in width and water mains, sanitary sewers and storm sewers have been installed and accepted by the City as required by the City of Iowa City, Iowa, under its subdivision ordinance and erosion control measures have been installed as provided in paragraph 5 hereof. Sidewalks will be provided as set forth in Section 4 of this Agreement. Storm Water Management Ordinance Compliance and Covenant. In consideration of the City approving the Subdivider's storm water management plan, and under the applicable pro- visions of Iowa City Ordinance No. 76-2807, dated September 20, 1976, the Subdivider agrees as a covenant running with the land that, except as otherwise provided in this agreement, the City shall not issue any building permit on any lot in the subdivi- sion until the following have been installed and accepted by the City: (a) The roadway inlets and related sewers needed to transport storm water from Southwest Estates Subdivi- sion, Part Three to the existing basin in Southwest Estates Subdivision, Part Two. (b) The storm water detention basin located in the north- east corner of Southwest Estates Subdivision, Part Four, including the site work incident thereto, and the inlets and sewers needed to transport storm water from Southwest Estates Subdivision, Part Three to that basin. The requirements of the Citv's storm water management ordinance j apply to this subdivision. Some of the storm water from Part Three of Southwest Estates will be transported via roadway in- lets to an existing pond located in Southwest Estates, Part Two. Other storm water from the subdivision will be transport- ed to the detention basin shown in the northeast corner of Southwest Estates, Part Four. Portions of the southern and middle sections of the subdivision drain to the east, however, and are not served by either the existing pond or the proposed detention basin. The proposed detention basin is designed, however, to accommodate more storm water than is topo- graphically capable of draining from the subdivision to the basin. Controls will also be employed to regulate the rate at which water is released from the basin. The net effect of these measures is to control the amount of storm water that will eventually drain into Willow Creek. The western portion of the proposed storm water management basin is located outside of the subdivision. .The legal description of the storm water management basin accompanying the final plat will link the von jl jjl of l -2 - entire basin to the plats of Part Three and Four of Southwest Estates. Construction of Improvements. All such improvements as stated in Sections 1 and 2 of this Agreement, and sidewalks shall be constructed and in- stalled by the Subdivider according to the plans and specifica- tions of the City of Iowa City, Iowa, with inspections by the City Engineer or designate. Said inspections shall consist of occasional inspection of the work in progress, but shall not relieve or release the Subdivider from its responsibility to construct said improvements pursuant to said plans and speci- fications. 4. Sidewalks. Within one (1) year from the date of approval of the final plat of said subdivision, the Subdivider shall install side- walks abutting all lots in said subdivision. The sidewalks shall be at least four (4) feet in width. 5. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should de- sire a building permit on any lot in said subdivision before the improvements described in Sections 1 and 2 have been in- stalled, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said improvements plus ten percent (108) thereof as determined by the City Engineer's Office of the City of Iowa City, Iowa (hereinafter the "Improvement Escrow"). In addition to the Improvement Escrow provided above, if subdivision erosion control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of a building permit for con- struction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 to cover the cost of cleaning public streets, storm sewers, gutters or catch ba- sins, which may be necessitated as a result of erosion from any lot or lots owned by the Subdivider, its successors and assigns (hereinafter the "Erosion Clean-up Escrow"). The unused bal- ance of the Erosion Clean-up Escrow established herein shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. The Subdivider shall be responsible for the cost of such cleaning and to the extent that the Subdivider fails to accom- plish clean-up after reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the Erosion Clean-up Escrow; provided that nothing herein shall be construed as requiring the City to do such clean-up. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its dis- cretion may require the Subdivider, its assigns and successors in interest, to construct and install such improvements as stated in Sections 1 and 2. Use of Escrow Monies. If, after the issuance of a building permit, the improve- ments as stated in Sections 1 and 2 have not been constructed VOL JC13 PPS[ 5 qL I -3 - and installed, the City may use any funds deposited in the im- provement Escrow to construct and install such improvements. Should the cost of construction and installation of said im- provements exceed the amount of said escrow, the Citv shall have a lien and charge against all the lots in the subdivision for the difference. The Citv shall refund to the depositor any Improvement Escrow monies not used by the City after the construction and installation of such improvements. Waiver. In the event Subdivider, its assigns or successors in in- terest, should sell or convey lots in said subdivision without having had constructed or installed the improvements described in Sections 1 and 2; or the owners of the lots or its assigns or successors in interest in said subdivision should fail to construct sidewalks the Citv shall have the right to install and construct said improvements and the costs of said improve- ments shall be a lien and charge against all the lots in said subdivision, except the cost of installing sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such im- provements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. It is further provided that this require- ment to so construct said improvements is and shall remain a lien from date until properly released as hereinafter provided. 9. Release. The City agrees when such improvements have been installed to the satisfaction of the City it will upon request promptly issue to the Subdivider, its assigns or successors in interest, for recording in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. 10. Street Maintenance. It is further provided that the Subdivider and its assigns and successors in interest agree that the public services in- cluding but not limited to street maintenance, snow removal, i and refuse collection need not be extended in said subdivision until the pavement is installed and accepted by the City. i DATED this r day of _ u. 1988. i CORPORATE SEAL CORPORATE SEAL SEVILLE CORPORATION, An Iowa Corporation Franc J, Egary r, President and Secr' HILLSBANK AND TRUST COMPANY, EXECUTOR OF THE CARL M. MALMBERC "TATE BY - .14 G 9�� CORPORATE SEAL STATE OF IOWA -4 - Mary -M. Malmbe At ey-in FaY4y CITY OF IOWA CITY, IOWA BY: John McDonald, Mayor Marten K. Karr, City Clerk ) SS: JOHNSON COUNTY On this day of 1988, before me the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarilv executed. MY W91AtIS5HCLF- 10N DIPIRES &Dl"t 7,1449 STATE OF IOWA SS: JOHNSON COUNTY •u Nota y Public in and for the State of Iowa. on this (()" day of m , , 1988, before me, the undersigned, a Notary Public in,,a�nd for the State of Iowa, per- sonally appeared )�'r�. ( , A � \ik..r� , to me personally known, u�hp�,!-� bei�g by me duly sworn, did say that he is the ( ri-� Ci' • , respectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of--t,h,e corp ate, by apthorit of its Board of Directors; and L�1i�P`� 1 \1(lil/ ac- knowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by him and as the fiduciary voluntarily executeq. ^ JOHNSON COUNTY ) ,. VOL ir?;3 ?C Y 7 APPFIQV,ED AS TO FOR LEGAL DEPARTMENT Q - 5 - STATE OF IOWA ) as: JOHNSON COUNTY ) On this 9th day of June, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Malmberg, to me known to be the person who executed the foregoing instrument on behalf of Mary M. Malmberg, and acknowledged that he executed the same as the voluntary act and deed of the said Mary M. Malmberg. JEAN BAR" . MT 35SIO0NXPIREC NOTARY PUBLIC IN AND E STATE OF IOWA STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 28th day of June 1988, before me, the undersigned, a Notary Publiic in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. `\ Notary Public in and for the State of Iowa. 19/2-01-1 NOTARIAL SEAL yJf►�GJ,3 PATE g N CONSENT OF OWNER SOUTHWEST ESTATES SUBDIVISION, PART THREE The undersigned, Seville Corporation, an Iowa Corporation, being the owner of the land included in Southwest Estates Subdivision, Part Three, legally described as: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00053'42"E, 417.00 feet along the East Line of the Southeast Quarter of said Section 13 to the Southeasterly Cor- ner of Lot 1 of said Southwest Estates Sub- division, Part One and the Point of Begin- ning; Thence Southwesterly 155.20 feet along the Northerly Right -of -Way Line of Rohret Road, on a 1950.00 foot radius curve, con- cave Southeasterly, whose 155.16 foot chord bears S70034138"W; Thence S68017149"W, 69.03 feet on said Right -of -Way Line; Thence Northwesterly 23.56 feet on a 15.00 foot radius curve, concave Northeasterly whose 21.21 foot chord bears N66042111"W; Thence N21°42111"W, 276.67 feet along the Easterly Right -of -Way Line of Phoenix Drive; Thence Northwesterly 204.63 feet along said Right - of -Way Line on a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N10024115"W; Thence N00053'42"E, 172.49 feet on said Right -of -Way Line; Thence Northwesterly 442.05 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 415.31 foot chord bears N16053109"W, to the South- westerly Corner of Southwest Estates Subdi- vision, Part Four; Thence N55°20'00"E, 162.52 feet along the Southerly Line of said Part Four; Thence N77032'29"E, 177.20 feet along the Southerly Line of said Part Four; Thence S89006'18"E, 197.22 feet along the Southerly Line of said Part Four to a Point on the East Line of said Part Four to a Point on the East Line of the Southeast Quarter of said Section 13; Thence S000531421 -W, 1085.88 feet along said East Line to a Point on the Northerly Right - of -Way Line of Rohret Road and the Point of Beginning. Said tract of land contains 9.620 acres, more or less, and is subject to easements and restrictions of record, acknowledges that the Subdivision as it appears on the plat of Southwest Estates Subdivision, Part Three, and related docu- ments, is with its free consent and in accordance with its de- sires. 1=0 -2 - DATED at Iowa City, Iowa, this � day of , 1988. SEVILLE CORPORATION, An Iowa Corporation BY : Fra k J. Eic}er, President CORPORATE SEAL and SecretaF_v STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this lY day of 1988, before me the undersigned, a Notary Public inland for the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. 1 i N tary Public in nd for the State of Iow . 19/2-01-3 M 10-13 rA,E 10 9 CONSENT OF OWNER SOUTHWEST ESTATES SUBDIVISION, PART THREE The undersigned, Hills Bank and Trust Company, as Executor of the Carl M. Malmberg Estate, and Mary M. Malmberg, widow of Carl M. Malmberg, being owners of the land included in South- west Estates Subdivision, Part Three, legally described as: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00053142"E, 417.00 feet along the East Line of the Southeast Quarter of said Section 13 to the Southeasterly Cor- ner of Lot 1 of said Southwest Estates Sub- division, Part One and the Point of Begin- ning; Thence Southwesterly 155.20 feet along the Northerly Right -of -Way Line of Rohret Road, on a 1950,00 foot radius curve, con- cave Southeasterly, whose 155.16 foot chord bears S70°34138"W; Thence S68°17'49"W, 69.03 feet on said Right -of -Way Line; Thence Northwesterly 23.56 feet on a 15,00 foot radius curve, concave Northeasterly whose 21.21 foot chord bears N66042'11"W; Thence N21°42'11"W, 276.67 feet along the Easterly Right -of -Way Line of Phoenix Drive; Thence Northwesterly 204.63 feet along said Right - of -Way Line on a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N10°24115"W; Thence N00°53142"E, 172.49 feet on said Right -of -Way Line; Thence Northwesterly 442.05 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 415.31 foot chord bears N16053109"W, to the South- westerly Corner of Southwest Estates Subdi- vision, Part Four; Thence N55020'00"E, 162.52 feet along the Southerly Line of said Part Four; Thence N77"32129"E, 177.20 feet along the Southerly Line of said Part Four; Thence S89°06118"E, 197.22 feet along the Southerly Line of said Part Four to a Point on the East Line of said Part Four to a Point on the East Line of the Southeast Quarter of said Section 13; Thence S000531421 -W, 1085.88 feet along said East Line to a Point on the Northerly Right -of - Way Line of Rohret Road and the Point of Beginning. Said tract of land contains 9.620 acres, more or less, and is subject to easements and restrictions of record, acknowledge that the Subdivision as it appears on the plat of. Southwest Estates Subdivision, Part Three, and related docu- ments, is with our free consent and in accordance with our de- sires. 1988. DATED at Iowa City, Iowa, t.._= day of l PME 11 M 6 -2 - HILLS BANK AND TRUST COMPANY, EXECUTOR OF THE CARL M. MALMBBBERG ESTATE BY: L cC.. yLe-c", CORPORATE SEA Mar3 m Mber Ate �in Qc%�/ (� STATE OF IOWA ) SS : JOHNSON COUNTY ) —�-.. On this day of ._,�� 1988, before me, the undersigned, a No r ,) Publiccin. niforr the State of Iowa, per- sonally appeared to meP ersonally kn�, w e being by me duly sworn, did say that he is the l , respectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corpor_atio� pv authorit of its Board of Directors; and �}Illt'u C` ) 1 1Nei/ ac- knowledged the execution of the instrument to be the voluntary j act and deed of the corporation and of the fiduciary, by it, by him and as the fiduciary voluntarily executed. : :, CSTi itiIAA MILI.9 V \' uv rnuwttmu vv our# l .. .C•-' n State of Iowa. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 9th day of June, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Malmberg, to me known to be the person who executed the foregoing instrument on behalf of Mary M. Malmberg, and acknowledged that he executed the same as the voluntary act and deed of the said Mary M. Malmberg. °"f~ JEAN OAflTL'7 q MYC�MISSIOy EXPIRES u�—� $$ NOTAKY PUBLIC IN ND F THE STATE OF IOWA 19/2-01-2 vat 1C1.3 Pa,E 12 GSI r_ SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between James R. Kennedy and Linda Kennedy, husband and wife, First Party, and the City of Iowa City, Iowa, Second Party, and Seville Cor- poration, an Iowa Corporation, whose principal place of busi- ness is in Iowa City, Johnson County, Iowa, Third Party, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party an easement for the purposes of excavating for and the installation, replacement, mainte- nance and use of such sanitary sewage lines, pipes, mains, and conduits as Second Party shall from time to time elect for con- veying sewage and all necessary appliances and fittings for use in connection with said pipe lines, together with adequate pro- tection therefore, and also a right of way, with right of in - i gress and egress thereto, over and across all the area de- scribed as "Sanitary Sewer Easement" as shown on the survey by MMS Consultants, Inc., attached hereto as Exhibit "A" and in- corporated herein. The sanitary sewer system shall be of ade- quate size to accommodate the development of that portion of the Kennedy tract which is located in the natural drainage area of the sewer. However, Second Party makes no covenant as to the adequacy of the sewer. 6 Third Party agrees that whatever reimbursement it may be entitled to from First Party at the time the First Party elects to tap in to the sanitary sewer system shall be limited to ten percent (108) of the reimbursable costs of installation of the sanitary sewer system pursuant to the Iowa Code up to a maximum of $3,000.00. First Party further grants to Second Party and Third Par- i I ty: WL 1031,1 Plot D -2- 1. The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said strips to such ex- tent as Second Party or Third Party may find reasonably neces- sary. 2. The right, during the initial construction of the san- itary sewer, to expand the extent of this easement an addition- al fifteen (15) feet on each side of the twenty (20) foot sani- tary sewer easement as shown on the attached Exhibit "A" there- fore permitting a total fifty (50) foot temporary construction easement which temporary easement shall terminate upon the ac- ceptance of the sewer by Second Party, but in any event, no later than August 1, 1969. 3. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strips and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's or Third Party's rights hereunder in any manner. 4. Third Party shall grade and reseed the sanitary sewer easement in the same ground or crop cover which is currently in existence after installation of the system is complete. Third Party shall also install gates in the existing fences where such fences cross the sewer line in order to provide access for maintenance purposes. The gates may be removed if the fences are removed. Second Party or Third Party, as the case may be, shall indemnify First Party against any loss and damage which shall be caused by such party's exercise of said ingress and egress, construction, maintenance or by any wrongful or negli- gent act, omission of such party or of its agents or employees in the course of their employment. First Party reserves the right to use avid strips for pur- poses which will not interfere with Sc ' Party's full VOL 1C11.3 ?,'A 11 qc� � 9 1XIM enjoyment of the rights hereby granted; provided that First Party shall not erect or construct any building or other struc- ture, or drill or operate any well, or construct any reservoir or other obstructions on said area, or diminish or substantial- ly add to the ground cover over said pipe lines. Subject to approval of the Second Party, streets, sidewalks, and driveways w may be placed in the right-of-way of the sanitary sewer ease - 0 ment. First Party does hereby covenant with Second Party and Third Party that it is lawfully seized and possessed of the real estate above described; that it has good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. The Third Party is made a party to this agreement as it is the contractor responsible for obtaining the easement and for the installation of the sanitary sewer system. After installa- tion of the sanitary sewer system has been completed and ac- cepted for maintenance by the Citv, the Third Party will cease to be a party to this agreement except with reference to the paragraph herein which limits reimbursement by First Party to Third Party. `1� �DATED this _ 7 day of a �c� , 1988. James R. Kennedy L�aXen�ny 0011 StNt COkP voC 1.1,3 Wit 15 Z) CITY F IOWA CITY, IOWA BY: -oh�(nn MccDo�n�/ McDonald, Ma/y%or RY:- f �'i y a . an K. Karr, C�.ty Clerk APPOVED AS TOFO /v b-Ze- S' L GAL DEPARTMENT A CORPORATE SEAL STATE OF IOWA SS: JOHNSON COUNTY -4 - SEVILLE CORPORATION, An Iowa Corporation / BY: �f �;�G..� j i Frank J. c er, President and Sec tary On this c? % day of J U11f_, 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared James R. Kennedy and Linda Kennedy, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) State of Iowa. NOTARIAL. SEAL On this 28th day of June , 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Nt Notary r �n ntt� ( otary Public in and for the State of Iowa. STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of , 1988, before me the undersigned, a Notary Of in and for the State of Iowa, per- sonally appeared Frank J. cher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument • -- signed and sealed on behalf of said corporation by author -:;Y of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrr. to V061C13 ?AE 16 -I V -5- be the voluntary act and deed of said corporation, by it and by him voluntarily executed. Olt � IQ A111AQ- Not ry lic in and for the State of Iowa. 19/2-01-51 YOL 1Cll?A-A 1 i F�xls lu o W, a sEW ee EAiFJ{EFLT j E %IST�Ny FENCE I q � ✓�,E J B9. Z5 s e• i I y' �o LL iSe.e•. F Ir I Y I I z W ¢ FJ�SENENSA CVO: -r {i Y SEWET lipell l Io Or O LL:I I I � • I I —✓ k is I I certify that during thi month of March, nee, at the yM I direction of ,Frank Either, a survey Was rde, under y •r C 8Supervision, to establish the Canterllne of a 20.00 foot I A easement, ( wl" sanitary sewer whloh is mora particularly. U/� described as follows:. SI p I Col,nancing at •A Concrete lionument found at the Northwest f U Ili Corner of the Southwest Quarter of Seotion 18, Township 79 North, Range 6 Weat'of the Fifth Principal Meridian; Theme S00'53'42"W. (A Recorded Bearing) along the West LIM of Said Southwest Quarter 506.48 feet, to thePoint of r (P l I I Beginning, of the CenterlL» of a 20.00 foot wide Sanitary 13 Sewer Easement; Thence S09'06118"E, along said Centerline' T' 170.00 feat; Thence N00'30 a2"E, along said Centarline j O Iso,. - lNE 310.00 feet; Thence NO1'07'20"E, along said-Centorline Ef, STINy FENCE t_ 754.91 feet; Thence Ne9'10125"E, along Said Centerline. •+e 525.21 feet; Thenci S89'29'57"E, along Said Centerline, p 158.56 feet. to a Point on the [anterum of the Existing d Sanitary Sewer. N I further certify that the Plat as Sham is a correct I representation of the survey and that all corners are marked as indicated. �Sw CceNee• SW 1/4 Robert D. Mickelson Reg. No. 7076 Date fELTbN If!•'19-4 CONC. MONNN.ENT Subscribed to and sworn befoye roe this _ day of 19_ i I Notary Public. In and for the State of Iowa {.1TERLINE SUiNE( of tLE W 1 �•�' WICE SAN• SEWac MM3 CONSULTANTS, INC. trW. CO. Wee saaa (Ila) LI -sen Q m,,.e. nu iO,. N •� NNSON C.OUNTSY.�,TIWJ.l 6��_n' PW I ,Iwl el W,w1 • EXHIBIT "A"• VOL WA L_ N SANITARY SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Seville Corporation, an Iowa Corporation, whose principal place of business is in Iowa City, Johnson County, Iowa, Carl M. Malmberg Estate and Mary M. Malmberg, widow of Carl M. Malmberg, First Party, and the City of Iowa City, Iowa, Second Party, WITNESSETH: j It is hereby agreed as follows: I For the sum of $1.00 plus other valuable consideration, I the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party a fifteen (15) foot wide easement for the purposes of excavating for and the installa- tion, replacement, maintenance and use of such sanitary sewage lines, pipes, mains, and conduits as Second Party shall from time to time elect for conveying sewage and all necessary ap- pliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with right of ingress and egress thereto, over and across the Northerly portion of Lot 13 and a portion of Lot 12 of Southwest Estates Subdivision, Part Two, Iowa City, Johnson County, Iowa; a fifteen (15) foot wide strip, the centerline of which is more particularly described as follows: Commencing at the Northeasterly Corner of said Lot 13; Thence S17°42127"W, 11.22 feet to a point 10 feet Southerly and 5 feet Westerly of said Lot Corner and the Point of Beginning of said easement; Thence S71°42127"W, 200.40 feet to the Termination Point of said easement, which lies 5 feet Westerly and 40 feet Southerlv of the Northeast Corner of said Lot 12, First Party further grants to Second Party: 1. The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said strips to such ex- tent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush said strips and to trim and to cut down and clear away anv trees on either side VOIL 1'o "3 PIA Is RSI 6 —z— of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder in any manner. 3. Second Partv shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building, fence or other structure, or drill or operate any well, or construct any res- ervoir or other obstructions on said area, or diminish or sub- stantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that it is lawfully seized and possessed of the real estate above de- scribed; that it has good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. DATED this day of cep.— 1988. SEVILLE. CORPORATION, An Iowa Corporation CORPORATE SEAL - BY:�d%1i Frank d, Eiche Pres den and Secretary HILLS BANK AND TRUST COMPANY, EXECUTOR OF THE CARL M. MALMBERG ESTATE BY: M M,�b y rney A CORPORATE SEAL VOL ?a,E �o a -3 - CITY OF IOWA CITY, IOWA BY: �L4 ,ox CO�P�f�hj� SEAQ John McDonald�,/ Mayor BY: ��unnr% �1'. RiltJ Marian K. Karr, City Clerk APPg _ED AS, -Lf, 8 TO FORM lC 9 STATE of IOWA ) SS: LE? AL DEPARTMENT JOHNSON COUNTY ) On this � day of I(.ILA:— 1988, before me the undersigned, a Notary Public Vn and for the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. SwEao Notary Public in anp for the State of Iowa. STATE OF IOWA SS: JOHNSON COUNTY On this (V day of ._),_ Y' , 1988, before me, the undersigned, a Norte Public in and.for the State of Iowa, per- sonally appeared N'MI)CIz to me personally knoVn, who(ng by me duly sworn, did say that he is the arespectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of tpe_ corporetio @uthprity of. its Board of Directors; and �('i11Wj ( .I T�\`\fJ ac- knowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by him and as the f' rily executed. rNoaril ublic in and for t\e l� State of Iowa. STATE OF IOWA ) as: JOHNSON COUNTY ) On this 9th day of June, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Malmberg, to me known to be the person who executed the foregoing instrument on behalf of Mary M. Malmberg, and acknowledged that he executed the same as the voluntary act and :.:ed of the said Mary M. Malmberg. ypL 11,'13 ?ASE 20 A �: 1�� : MY COMMISSION E1lPIAES �� NOTARY PUBLIC INiCr- FOR THE r - STATE OF IOWA -4 - executed the within the foregoing instrument and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 28th day of June 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. 19/2-01-50 Notary Pu lemic in and for the State of Iowa. NOTARIAL SEAL i P,SE 920 j 9l� �"56LVICE _•i � _ I 1 Wpm 1 •'Iw�.l.if ^IFf.LL^^� :�uRJE -�y.•r Jrr- • i . v.a.•.as �. f__u •..p�...4 J Sa!d!. C�1_�IT1�•Y•. � A a �w�•= � � 3 i 1 gra �vrnEZ�C�s�' 1 . E�s'n.'Tt.'8s'� ' � JSAu1TAR`i 17:'Ac-1 -'1 r n . �S W.2.45 3D RWNT {iK �E6.5 .... � � � r: SANITARY SEWER EASEMENT THIS AGREEMENT, made and entered into by and between Seville Corporation, an Iowa Corporation, whose principal place of business is in Iowa City, Johnson County, Iowa, Carl M. Malmberg Estate and Mary M. Malmberg, widow of Carl M. Malmberg, First Party, which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa, Second Party, which expression shall include its succes- sors in interest and assigns, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party an easement for the purposes of excavating for and the installation, replacement, mainte- nance and use of such sanitary sewage lines, pipes, mains, and conduits as Second Party shall from time to time elect for con- veying sewage and all necessary appliances and fittings for use in connection with said pipe lines, together with adequate pro- tection therefore, and also a right of way, with right of in- gress and egress thereto, over and across all areas described as "Sanitary Sewer Easement" or "Utility Easement" as shown on the final plat of Southwest Estates Subdivision, Part Three. First Party further grants to Second Party: 1. The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said strips to such ex- tent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strips and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the xercise of Second Party's rights hereunder in any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said VOL?A* 24, �La I s -2 - ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building, fence or other structure, or drill or operate any well, or construct any reservoir or other obstructions on said area, or diminish or substantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that it is lawfully seized and possessed of the real estate above de- scribed; that it has good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. DATED this Ilk day of c u , , 1988. SEVILLE CORPORATION, An Iowa Corporation ORAL[ SENt BY: ide CARPL J L Frank J. Eicher President f and Secretaky QO �pR gtSEp �4Rp�� SEAQ C0� HILLS BANK AND TRUST COMPANY, EXECUTOR OF THE CARL M. MALMBERG ESTATE 111ar-Y /�. CITY OF IOWA CITY, ]�IIOOWWA BY: A-� ohn McDonald, Mayor Mar an K. Karr, City Clerk YOL 1011mo 2.b.6 APPROVED AS TO FOAM 6-L,f •P s LE AL DEPARTMENT 9 -3 - STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this (j' day of d .LAC_ 1988, before me the undersigned, a Notary Public ly and for the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. � n SrolNnbai'1989 Notary ublic in a d for the State of Iowa. STATE OF IOWA SS: JOHNSON COUNTY On this( day of .,\L�\� , 1988, before me, the undersigned, a N a Publicr^in a for the State of Iowa, per- sonally appeared Pie: L, fi`�jQr'�( , to me personally knno n, wh ing y me duly sworn, did say that he is the 1�\�A l 7CtIC P , respectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporatioby aut ority of its Board of Directors; and � ��1'c i .,.1 1 \�\� ac- knowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by him and as the fiduciary voluntarily PyAni,tud STATE OF IOWA ) ) as: JOHNSON COUNTY ) On this 9th day of June, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Malmberg, to me known to be the person who executed the foregoing instrument on behalf of Mary M. Malmberg, and acknowledged that he executed the same as the voluntary act and deed of the said Mary M. Malmberg. JEAN DApTLE'/ I' MYC �MISSI DIPIRV NO'PA131,1C /D�R ' HE STATE OF IOWA STATE OF IOWA ) JOHNSON COUNTY ) On this 2g,!. of ,June , 1988, before me, the VOL 1:'x.3 PAIR 20 F q61 ae undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. j-3lotary Public in and for the State of Iowa. I 19/2-01-24 NOTARIAL SEAL V6L 1018 ?A'A 2 0 � A ■ DRAINAGE EASEMENT THIS AGREEMENT, made and entered into by and between Seville Corporation, an Iowa Corporation, whose principal place of business is in Iowa City, Johnson County, Iowa, Carl M. Malmberg Estate and Mary M. Malmberg, widow of Carl M. Malmberg, First Party, and the City of Iowa City, Iowa, Second Party, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby I grants and conveys to Second Party a drainage easement for the purposes of excavating for and the installation, replace- ment, maintenance and use of such drainage lines, pipes, mains, and conduits as Second Party shall from time to time elect for conveying stormwater and all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with right of ingress and egress thereto, over and across a portion of Lots 15 and 16 of Southwest Estates Subdivision, Part Two, Iowa City, Johnson County, Iowa, which is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. First Party further grants to Second Party: 1. The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said strips to such ex- tent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strips and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder in any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ':veL1 '13 n,4 2b u 9 -2 - ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building, fence or other structure, or drill or operate any well, or construct any res- ervoir or other obstructions on said area, or diminish or sub- stantially add to the ground cover over said easement area. First Partv does hereby covenant with Second Party that it is lawfully seized and possessed of the real estate above de- scribed; that it has good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. DATED this /�� day of 1988. SR ILLE CORPORATION, An Iowa Corporation CpRPORATE SEAS BY: FrankJ. El er, President and Secret ry HILLS BANK AND TRUST COMPANY, EXECUTOR OF THE CARL M. MALMBERG ESTATE BY�, LL CORPORATE SEAQ MA. -MALMBERG BY: L o. mes D. Ma tuber ower of Attorney CITY OF IOWA CITY, IOWA BY: 'J& &n� CORPORATE SEAL OF 7S. oyh�n McDonald,,/Mayor 2 1 BY: g,�.� ,L ) Marian K. Karr, City Clerk YOL APP VED AS TO FORM r< -r L GAL DEPARTMENT 9 -3 - STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this/(� day of 1988, before me the undersigned, a otary Public in an or the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. O.LCHEIi I'1 Notary Public in and for the State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1'4-_ � day of _(, e_, , 1988, before me, the undersigned, a NQta= Public n(or he State of Iowa per- sonally appeared l(\1��5 �lc�e to me personally no w o, bei ,g byq� duly sworn, did say that he is the GP PS R � 1i1�'i (,'m-Celrespectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf a corp t' by a hority of its Board of Directors; and S r, ' ac- knowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by him and as the fiduciary volun ly execute . V CYNTHIA M MY COMM.I W a P lic in and fo the r 511e of Iowa. STATE OF IOWA ) SS: JOHNSON COUNTY ) I On this �— day of. , 1988, before me, the undersigned, a Notary Publi in and or the State of Iowa, per- sonally appeared James D. Malmberg, to me known to be the person who executed the foregoing instrument on behalf of Mary M. Malmberg, widow of Carl M. Malmberg, by a Power of Attorney, and acknowledged that that person executed the same as the voluntary act and deed of said Mary M. Malmberg. NO�ARIA�' SEA�- Nottd Public in and dd to he State of Iowa. VOL -4 - STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Zgt day of June , 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. --Notary Public in and for the State �t ��TA JGI'1{• State of Iowa. 19/2-01-54 u6L 111,3 vas, o1b K R(Oi I EXHIBIT "A" LEGAL DESCRIPTION 20 FOOT WIDE DRAINAGE EASEMENT A 20 foot wide stormwater drainage easement over a portion of Lots 15 and 16, of Southwest Estates Subdivision, Part Two, the Centerline of which is more particularly described ab follows: Beginning at the Northwesterly Corner of said Lot 15; Thence S28°44154"W, 45.00 feet, along the Northwesterly Line of said Lot 15; Thence SOO°5210801W, 190.49 feet; Thence S28°51135"W, 223.13 feet, to the Termination Point of said easement; said point also being the Southerly Corner of said Lot 15. 1353008L.05 - LRS/dlb - 06/13/88 q(0 l I EXHIBIT "A" LEGAL DESCRIPTION 20 FOOT WIDE DRAINAGE EASEMENT A 20 foot wide stormwater drainage easement over a portion of Lots 15 and 16, of Southwest Estates Subdivision, Part Two, the Centerline of which is more particularly described ab follows: Beginning at the Northwesterly Corner of said Lot 15; Thence S28°44154"W, 45.00 feet, along the Northwesterly Line of said Lot 15; Thence SOO°5210801W, 190.49 feet; Thence S28°51135"W, 223.13 feet, to the Termination Point of said easement; said point also being the Southerly Corner of said Lot 15. 1353008L.05 - LRS/dlb - 06/13/88 q(0 l C \ �11 / G mw 9 TITLE OPINION I, John D. Cruise, a practicing attorney in Iowa City, Iowa, do hereby certify that I have examined an abstract of title to Southwest Estates Subdivision, Part Three, an Addition to the City of. Iowa City, Iowa, and it is located upon the fol- lowing described tract of land, to -wit: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00°53'42"E, 417.00 feet along the East Line of the Southeast Quarter of said Section 13 to the Southeasterly Cor- ner of Lot 1 of said Southwest Estates Sub- division, Part One and the Point of Begin- ning; Thence Southwesterly 155.20 feet along the Northerly Right -of -Way Line of Rohret Road, on a 1950.00 foot radius curve, con- cave Southeasterly, whose 155.16 foot chord bears S70034138"W; Thence S68017'49"W, 69.03 feet on said Right -of -Way Line; Thence Northwesterly 23.56 feet on a 15.00 foot radius curve, concave Northeasterly whose 21.21 foot chord bears N66042111"W; Thence N21°42'11"W, 276.67 feet along the Easterly Right -of -Way Line of Phoenix Drive; Thence Northwesterly 204.63 feet along said Right - of -Way Line on a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N10°24115"W; Thence N00053'42"E, 172.49 feet on said Right -of -Way Line; Thence Northwesterly 442.05 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 415.31 foot chord bears N16053109"W, to the South- westerly Corner of Southwest Estates Subdi- vision, Part Four; Thence N55°20'00"E, 162.52 feet along the Southerly Line of said Part Four; Thence N77032'29"E, 177.20 feet along the Southerly Line of said Part Four; Thence S89°06'18"E, 197.22 feet along the Southerly Line of said Part Four to a Point on the East Line of said Part Four to a Point on the East Line of the Southeast Quarter of said Section 13; Thence S00°53142"W, 1085.88 feet along said East Line to a Point on the Northerly Right -of - Way Line of Rohret Road and the Point of Beginning. Said tract of land contains 9.620 acres, more or less, and is subject to easements and restrictions of record. That in my opinion the fee title is in Hills Bank and Trust Company, Executor of the Carl M. Malmberg Estate, Mary M. Malmberg and Seville Corporation, an Iowa Corporation, subject to contracts of sale to Seville Corporation, an Iowa Corpo- ration and all land in said subdivision is free from encum- brances. VOID^i3 FAA 010 1 u -2 - DATED at Iowa City, Iowa, this day ofil_, 1988. Jo' D. Cruise 9 S. Dubuque Street .0. Box 2000 Iowa City, IA 52244 19/2-01-4 VOL J%,3 PAR r7�C r Q(o CERTIFICATE OF RECORDER I, John E. O'Neill, hereby certify that I am the County Recorder of Johnson County, Iowa, and that the title in fee to the property described as follows, to -wit: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00°53142"E, 417.00 feet along the East Line of the Southeast Quarter of said Section 13 to the Southeasterly Cor- ner of Lot 1 of said Southwest Estates Sub- division, Part One and the Point of Begin- ning; Thence Southwesterly 155.20 feet along the Northerly Right -of -Way Line of Rohret Road, on a 1950.00 foot radius curve, con- cave Southeasterly, whose 155.16 foot chord bears S70034138"W; Thence S68°17149"W, 69.03 feet on said Right -of -Way Line; Thence Northwesterly 23.56 feet on a 15.00 foot radius curve, concave Northeasterly whose 21.21 foot chord bears N66042'11"W; Thence N21°42'11"W, 276.67 feet along the Easterly Right -of -Way Line of Phoenix Drive; Thence Northwesterly 204.63 feet along said Right - of -Way Line on a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N10°24115"W; Thence N00053142"E, 172.49 feet on said Right -of -Way Line; Thence Northwesterly 442.05 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 415.31 foot chord bears N16053109"W, to the South- westerly Corner of Southwest Estates Subdi- vision, Part Four; Thence N55020100"E, 162,52 feet along the Southerly Line of said Part Four; Thence N77°32'29"E, 177.20 feet along the Southerly Line of said Part Four; Thence S89006118"E, 197.22 feet along the Southerly Line of said Part Four to a Point on the East Line of said Part Four to a Point on the East Line of the Southeast Quarter of said Section 13; Thence S00°5314211W, 1085.88 feet along said East Line to a Point on the Northerly Right -of - Way Line of Rohret Road and the Point of Beginning. Said tract of land contains 9.620 acres, more or less, and is subject to easements and restrictions of record, and shown on the plat attached hereto and known and designated as Southwest Estates Subdivision, Part Three, an Addition to the City of Iowa City, Iowa, is in Seville Corporation, an Iowa Corporation, on contract from Carl M. Malmberg and Mary M. Malmberg, husband and wife, and that the property contained in said Southwest Estates Subdivision, Three, an Addition to j the City of Iowa City, Iowa, is free from liens and encum- brances. -2 - DATED at Iowa City, Iowa, this 7 day of� 1988. �� •`fFr � �1.�eccr JO E. O'NEILL, Recorder 19/2-01-6 Johnson County, Iowa. aD R� CLERK'S CERTIFICATE I, Edward F. Steinbrech, hereby certify that I am Clerk of the District Court of Johnson County, Iowa, and that the prop- erty described as follows, to -wit: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00053'42"E, 417.00 feet along the Fast Line of the Southeast Quarter of said Section 13 to the Southeasterly Cor- ner of Lot 1 of said Southwest Estates Sub- division, Part One and the Point of Begin- ning; Thence Southwesterly 155.20 feet along the Northerly Right -of -Way Line of Rohret Road, on a 1950.00 foot radius curve, con- cave Southeasterly, whose 155.16 foot chord bears S70034'38"W; Thence S68°17'49"W, 69.03 feet on said Right -of -Way Line; Thence Northwesterly 23.56 feet on a 15.00 foot radius curve, concave Northeasterly whose 21.21 foot chord bears N66042111"W; Thence N21042'11"W, 276.67 feet along the Easterly Right -of -Way Line of Phoenix Drive; Thence Northwesterly 204.63 feet along said Right - of -Way Line on a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N1002411511W; Thence N00°53'42"E, 172.49 feet on said Right -of -Way Line; Thence Northwesterly 442.05 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 415.31 foot chord bears N16053109"W, to the South- westerly Corner of Southwest Estates Subdi- vision, Part Four; Thence N55°20'00"E, 162.52 feet along the Southerly Line of said Part Four; Thence N77°32'29"E, 177.20 feet along the Southerly Line of said Part Four; Thence S89006'18"E, 197.22 feet along the Southerly Line of said Part Four to a Point on the East Line of said Part Four to a Point on the East Line of the Southeast Quarter of said Section 13; Thence S0005314211W, 1085.88 feet along said East Line to a Point on the Northerly Right - of -Way Line of Rohret Road and the Point of Beginning. Said tract of land contains 9.620 acres, more or less, and is subject to easements and restrictions of record, and shown on the plat attached hereto and known and designated as Southwest Estates Subdivision, Part Three, an Addition to the City of Iowa City, Iowa, is free from all judgments, at- tachments, mechanic's or other liens as appear in the records of my office. VOL JI—J,'3 ?aSE Z4 } -2 - DATED at Iowa City, Iowa, this L/ day of N _J 1988. 19/2-01-5 EDWARD F. STEMBRECH EDWARD F. STEINHRECH, Clerk of the District Court in and for Johnson Countv, �Iowa. z . SFAI VOL i,j PME fps 9 CERTIFICATE OF COUNTY TREASURER I, Cletus R. Redlinger, hereby certify that I am the Coun- ty Treasurer of Johnson County, Iowa, and that the property de- scribed as follows, to -wit: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00053142"E, 417.00 feet along the East Line of the Southeast Quarter of said Section 13 to the Southeasterly Cor- ner of Lot 1 of said Southwest Estates Sub- division, Part One and the Point of Begin- ning; Thence Southwesterly 155.20 feet along the Northerly Right -of -Way Line of Rohret Road, on a 1950.00 foot radius curve, con- cave Southeasterly, whose 155.16 foot chord bears S70034138"W; Thence S68017149"W, 69.03 feet on said Right -of -Way Line; Thence Northwesterly 23.56 feet on a 15.00 foot radius curve, concave Northeasterly whose 21.21 foot chord bears N66°42'11"W; Thence N21°42'11"W, 276.67 feet along the Easterly Right -of -Way Line of Phoenix Drive; Thence Northwesterly 204.63 feet along said Right - of -Way Line on a 518.82 foot radius curve, concave Northeasterly, whose 203.30 foot chord bears N10024115"W; Thence N00°53142"E, 172.49 feet on said Right -of -Way Line; Thence Northwesterly 442.05 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 415.31 foot chord bears N16053109"W, to the South- westerly Corner of Southwest Estates Subdi- vision, Part Four; Thence N55°20'00"E, 162.52 feet along the Southerly Line of said Part Four; Thence N77°32129"E, 177.20 feet along the Southerly Line of said Part Four; Thence S89006118"E, 197.22 feet along the Southerly Line of said Part Four to a Point on the East Line of said Part Four to a Point on the East Line of the Southeast Quarter of said Section 13; Thence S00053142"W, 1085.88 feet along said East Line to a Point on the Northerly Right -of - Way Line of Rohret Road and the Point of Beginning. Said tract of land contains 9.620 acres, more or less, and is subject to easements and restrictions of record, and shown on the plat attached hereto and known and designated as Southwest Estates Subdivision, Part Three, an Addition to the City of Iowa City, Iowa, is free from taxes. DATED at Iowa City, Iowa, this day of ,_� 1988. CLETUS REDLINGER, T eas r Johnsc5h County, Iowa. 19/2-01-7 VOL 6�0 RESOLUTION NO. 88-144 RESOLUTION APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDIVI- SION, PART FOUR, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Seville Corporation, an Iowa Corporation, and Carl M. Malmberg Estate, and Mary M. Malmberg, widow of Carl M. Malmberg, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Southwest Estates Subdivision, Part Four, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 Wast of the Fifth Principal Meridian; Thence N00053'42"E, 1502.88 feet, along the East Line of the Southeast Quarter of said Section 13, to the Point of Beginning; Thence continuing N00053'42"E, 1137.60 feet, along said East Line to a Concrete Monument which marks the Northeast Corner of the Southeast Quarter of said Section 13; Thence S89040'15"W, 401.14 feet, along the North Line of the Southeast Quarter of said Section 13; Thence S10012'36"W, 366.87 feet; Thence Southeasterly 13.59 feet along a 244.48 foot radius curve, concave Southwesterly, whose 13.59 foot chord bears S78011'49"E; Thence S13023145"W, 130.00 feet; Thence S76036'15"E, 84.60 feet; Thence S50o59'34"E, 98.66 feet; Thence SOoo53'42"W, 213.70 feet; Thence S44o00'02"W, 95.00 feet; Thence S77o32'29"W, 160.91 feet; Thence S54041115"W, 164.18 feet; Thence S30046'14"W, 95.00 feet to a Point on the Easterly Right -of -Way Line of Phoenix Drive; Thence Southeasterly 291.52 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 289.29 foot chord bears S46056'53"E, to the Northwesterly Corner of South- west Estates Subdivision, Part Three; Thence N55020 00"E, 162.52 feet along the Northerly Line of said Part Three; Thence N77032'29"E, 177.20 feet along the Northerly Line of said Part Three; Thence S89006'18"E, 197.22 feet along the Northerly Line of said Part Three to the Point of Beginning. Said tract of land contains 12.242 acres, more or less and is subject to easements and restrictions of record. WHEREAS, the proposed development is out -of -sequence with the growth manage- ment policy of the 1983 Comprehensive Plan Update; and WHEREAS, the off-site costs associated with the development must be incurred by the developer and are recoverable according to the procedure adopted by the Council which allows for collection of fees to repay developers for costs incurred in installing off-site public improvements needed to support out -of -sequence development; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same; and M E WHEREAS, the final plat has been examined by the Planning and Zoning Commis- sion and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the final plat is found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Southwest Estates Subdivision, Part Four is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, are hereby au- thorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the final plat after passage and approval by law. It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roTT call there were: AYES: NAYS: ABSENT: _X AMBRISCO _ X COURTNEY X DICKSON X HOROWITZ X LARSON X MCDONALD X STRAIT Passed and approved this 2gth day of June 1988. MAYURr Approved as to Form ATTEST: a, 9� if f-Il-eb Z K LUAL UVARiMM qua 9 SUBDIVIDER'S AGREEMENT SOUTHWEST ESTATES SUBDIVISION, PART FOUR THIS AGREEMENT, made by and between Seville Corporation, an Iowa Corporation, Carl M. Malmberg Estate and Mary M, Malmberg, widow of Carl M. Malmberg, the subdivider and owners, hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City", W I T N E S S E T H: Consideration and Covenant. In consideration of the City approving the proposed sub- division known as Southwest Estates Subdivision, Part Four, an Addition to the City of Iowa City, Iowa, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lots in said subdivision un- less and until all streets are paved with concrete at least 28 feet in width at the developer's expense, and water mains, san- itary sewers and storm sewers have been installed and accepted by the City as required by the City of Iowa City, Iowa, under its subdivision ordinance and erosion control measures have been installed as provided in Section 5 hereof. Sidewalks will be provided as set forth in Section 4 of this Agreement. 2. Storm Water Management Ordinance Compliance and Covenant. In consideration of the City approving the Subdivider's storm water management plan, and under the applicable pro- visions of Iowa City Ordinance Number 76-2807, dated September 20, 1976, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lot in the subdivision unless and until the proposed storm water management facility as shown on the final plat of the subdivision including the site work incident thereto, has been installed and accepted by the City, 3. Construction of Improvements. Ali such improvenrients as sta+ed in Sections 1 and 2 of this Agreement, and sidewalks, shall be constructed and in- stalled by the Subdivider according to the plans and specifica- tions of the City of Iowa City, Iowa, with inspections by the City Engineer or designate. Said inspections shall consist of occasional inspection of the work in progress, but shall not relieve or release the Subdivider from its responsibility to construct said improvements pursuant to said plans and speci- fications. 4. Sidewalks. Within one year from the date of approval of the final plat of said subdivision, the Subdivider shall install side- walks abutting all lots in said subdivision. The sidewalks shall be at least four (4) feet in width. 5. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should de- sire a building permit on any lot in said subdivision before the improvements described in Sections 1 and 2 have been in- stalled, the Subd_-`er, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said irnrovements plus ten percent (104) thereof as YOLTD113 MA 24 51M -2 - determined by the City Engineer's Office of the City of Iowa City, Iowa (hereinafter the "Improvement Escrow"). In addition to the Improvement Escrow provided above, if subdivision erosion control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider depos- it in escrow with the City the sum of $2,000.00 to cover the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be necessitated as a result of erosion from any lot or lots owned by the Subdivider, its successors and assigns (hereinafter the "Erosion Clean-up Escrow"). The unused balance of the erosion cleanup escrow established herein shall be returned to the Subdivider after erosion control mea- sures have been installed, and ground cover has been estab- lished by growth. The Subdivider shall be responsible for the cost of such clean-up as covered by the Erosion Clean-up Escrow and to the extent that the Subdivider fails to accomplish clean-up after reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the Erosion Clean-up Escrow established; provided that nothing herein shall be construed as requiring the City to do such clean-up. 6. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its dis- cretion may require the Subdivider, its assigns and successors in interest, to construct and install such improvements as stated in Sections 1 and 2. 7. Use of Escrow Monies. If, after the issuance of a building permit, the improve- ments as stated in Sections 1 and 2 have not been constructed and installed, the City may use any funds deposited in the Im- provement Escrow to construct and install such improvements. Should the cost of construction and installation of said im- provements exceed the amount of said escrow, the City shall have a lien and charge against all the lots in the subdivision for the difference. The City shall refund to the depositor any Improvement Escrow monies not used by the City after the construction and installation of such improvements. B. Waiver. In the event Subdivider, its assigns or successors in in- terest, should sell or convey lots in said subdivision without having had constructed or installed the improvements described in Sections 1 and 2; or the owners of the lots or its assigns or successors in interest in said subdivision should fail to construct sidewalks, the City shall have the right to install and construct said improvements and the costs of said improve- ments shall be a lien and charge against all the lots in said subdivision, except the cost of installing sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such im- provements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. It is further provided that this require- ment to so construct said improvements is and shall remain a lien from date until properly released as hereinafter provided. VOL 1"A.1 ?asp 25 •.. -3- 9. Release. The City agrees when such improvements have been installed to the satisfaction of the City it will upon request promptly issue to the Subdivider, its assigns or successors in interest, for recording in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release to various lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. 10. Street Maintenance. It is further provided that the Subdivider and its assigns and successors in interest agree that the public services in- cluding but not limited to street maintenance, snow removal, and refuse collection need not be extended in said subdivision until the pavement is installed and accepted by the City. 11. Successors and Assigns. This Agreement shall be binding upon the parties, their successors and assigns. DATED this (o Jf_ day of 1988. SEVILLE CORPORATION, An Iowa COKPORATE SEAL Corporation BY: Frank J. Eic er, President and Secret y CORPORATE SEAL CORPORATE SEAS STATE OF IOWA HILLS BANK AND TRUST COMPANY, EXECUTOR OF THE CARL M. MALMBERG ESTATE 1 BY: L l /1 NarV M. Malmb� t ney- n-' CITY OF IOWA CITY, IOWA IIOOWW}A•� � Q(//� L4 BY: /W 1 0. Jyo,,hn McDonald, Mayor BY: /i;pJ It Marian K. Karr, City Clerk ) SS: JOHNSON COUNTY //)�L On this lI day of �� 1986, before me the undersigned, a Notary Public in.and for the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said 7crporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of = corporation by authority of VOL 26 APP, OVED AS TO FORM _W__4 c • 26 -8y LE3AL DEPARTMENT q&a -4 - its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. o.LCHEIF MYSSIONIE, RFS I.;O89 Notary Public in and f4 r the State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this j day of� 1988, before me, the undersigned, a Publi i d for the State of Iowa, per- sonally appeared Iy�/ , to me personally n,�who jCg ,y me duly sworn, did say that he is the \i UJI }� {y r , respectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of y�h��r �c�o�rpo ti au ority of its Board of Directors; and 1SILIJLS _ I _ ac- knowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by him and as the fiduciary volu ar y executed. COMMI IR[g Notar}c ublic n nd to t e ate of Iowa. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 9th day of June, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Malmberg, to me known to be the person who executed the foregoing instrument on behalf of Mary M. Malmberg, and acknowledged that he executed the same as the voluntary act and deed of the said Mary M. Malmberg. MY COMMISe51�PIAFS T b STATE OF IOWA SS: JOHNSON COUNTY NOTA T PUBT I( ILJ FOR Tlwb STATE OF IOWA On this 28th day of June , 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did sav that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDona:':nd Marian K. Karr acknowledged the execution of said instrument to VOL vAq 27 Ria -5 - be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. \ Notary Public in and for the State of Iowa. 19/2-01-9 NOTARIAL SEAL VOL 1 13 pzi 28 CONSENT OF OWNER SOUTHWEST ESTATES SUBDIVISION, PART FOUR The undersigned, Seville Corporation, an Iowa Corporation, being the owner of the land included in Southwest Estates Subdivision, Part Four, legally described as: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00053142"E, 1502.88 feet, along the East Line of the Southeast Quarter of said Section 13, to the Point of Begin- ning; Thence continuing N00°53142"E, 1137.60 feet, along said East Line to a Concrete Monument which marks the Northeast Corner of j the Southeast Quarter of said Section 13; Thence S89°40'15"W, 401.14 feet, along the North Line of the Southeast Quarter of said Section 13; Thence S10012'36"W, 366.87 feet; Thence Southeasterly 13.59 feet along a 244.48 foot radius curve, concave South- westerly, whose 13.59 foot chord bears S78011'49"E; Thence S13023'45"W, 130.00 feet; Thence S76°36'15"E, 84.60 feet; Thence S50059'34"E, 98.66 feet; Thence S0005314211W, 213.70 feet; Thence S44°00'02"W, 95.00 feet; Thence S77°32129"W, 160.91 feet, Thence S54°41115"W, 164.18 feet; Thence S30046114"W, 95.00 feet to a Point on the Easterly Right -of -Way Line of Phoenix Drive; Thence Southeasterly 291.52 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 289.29 foot chord bears S46056153"E, to the North- westerly Corner of Southwest Estates Subdi- vision, Part Three; Thence N55020100"E, 162.52 feet along the Northerly Line of said Part Three; Thence N77032'29"E, 177.20 feet along the Northerly Line of said Part Three; Thence S89°06'18"E, 197.22 feet along the Northerly Line of said Part Three to the Point of Beginning. Said tract of land con- tains 12.242 acres, more or less and is sub- ject to easements and restrictions of re- cord, acknowledges that the Subdivision as it appears on the plat of ! Southwest Estates Subdivision, Part Four, and related docu- ments, is with its free consent and in accordance with its de- sires. I DATED at Iowa City, Iowa, this /j= day of �¢ 1988. SEVILLE CORPORATION, An Iowa Corporation I CO�P�RATE $EAI- BY: Franc J. E her, President and Secre ry VOL 131.1 ?Art �g 9 -2- STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ?� day of c{L, 1986, before me the undersigned, a Notary Public il) and for the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. D.LC'r'`L'r j �g aMES 7,1989 Notary Public in and or the State of Iowa. 19/2-01-14 VOL j,,, 3 1 ASE 30 qw, CONSENT OF OWNER SOUTHWEST ESTATES SUBDIVISION, PART FOUR The undersigned, Hills Bank and Trust Company, as Executor of the Carl M. Malmberg Estate, and Mary M. Malmberg, widow of Carl M. Malmberg, being owners of the land included in South- west Estates Subdivision, Part Four, legally described as: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00053'42"E, 1502.88 feet, along the East Line of the Southeast Quarter of said Section 13, to the Point of Begin- ning; Thence continuing N00°53142"E, 1137.60 feet, along said East Line to a Concrete Monument which marks the Northeast Corner of the Southeast Quarter of said Section 13; Thence S89040'15"W, 401.14 feet, along the North Line of the Southeast Quarter of said Section 13; Thence S10°12'36"W, 366.87 feet; Thence Southeasterly 13.59 feet along a 244.48 foot radius curve, concave South- westerly, whose 13.59 foot chord bears S78°11149"E; Thence S13023'45"W, 130.00 feet; Thence S76°36115"E, 84.60 feet; Thence S50°59134"E, 98.66 feet; Thence S00053142"W, 213.70 feet; Thence S44000'02"W, 95.00 feet; Thence S77032'29"W, 160.91 feet; Thence S54041115"W, 164.18 feet; Thence S30°46114"W, 95.00 feet to a Point on the Easterly Right -of -Way Line of Phoenix Drive; Thence Southeasterly 291.52 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 289.29 foot chord bears S46°56153"E, to the North- westerly Corner of. Southwest Estates Subdivision, Part Three; Thence N55020'00"E, 162.52 feet along the Northerly Line of said Part Three; Thence N77°32'29"E, 177.20 feet along the Northerly Line of said Part Three; Thence S89006118"E, 197.22 feet along the Northerly Line of said Part Three to the Point of Beginning. Said tract of land contains 12.242 acres, more or less and is subject to easements and restrictions of record, acknowledge that the Subdivision as it appears on the plat of Southwest Estates Subdivision, Part Four, and related docu- ments, is with our free consent and in accordance with our de- sires. DATED at City, Iowa, this y^ �= day of 1988. M SOL 1,3 r.; ' 31 C111a n 6 -2 - HILLS BANK AND TRUST COMPANY, OF THE rMPORATE. SEAL CARLUM RMALMBERG ESTATE STATE OF IOWA ) SS: JOHNSON COUNTY I On this lS' day of -, U)C , _, 1988, before me, the undersigned, a No—t—, Public an r e State of Iowa, per- sonally appeared �'( �(1�S C_��1i)�c'' to me personally knpyn �wh ing by me duly sworn, did say that he is the 4\Z" l lie y , respectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf _corpori�tio $uthprity of its Board of Directors; and �_ IIIC' ac- knowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by him and as the fiduciary vol rily execute V Cra, 1A A)h -LS � �- I of Pu i i and f r the tate of Iowa. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 9th day of June, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Malmberg, to me known to be the person who executed the foregoing instrument on behalf of Mary M. Malmberg, and acknowledged that he executed the same as the voluntary act and deed of the said Mary M. Malmberg. I 4 JEANaARiLEY e-y� MY COMMISSl PIRES q- -P NOT R BLIC iN AND 1 -UK T STATE OF IOWA 19/2-01-15 40L 1 '1.3 �rsE 32 *-L, SANITARY SEWER AND STORM SEWER AND DRAINAGE WAY EASEMENT THIS AGREEMENT, made and entered into by and between Seville Corporation, an Iowa Corporation, whose principal place of business is in Iowa City, Johnson County, Iowa, Carl M. Malmberg Estate and Mary M. Malmberg, widow of Carl M. Malmberg, First Party, which expression shall include their successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include its suc- cessors in interest and assigns, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party an easement for the purposes of excavating for and the installation, replacement, mainte- nance and use of such sanitary and storm sewage lines, pipes, mains, and conduits as Second Party shall from time to time elect for conveying sewage and storm water and all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with right of ingress and egress thereto, over and across all the areas described as "Sanitary Sewer Easement" and "Storm Sewer and Drainage Way Easement" or "Utility Ease- ment" as shown on the final plat of Southwest Estates Subdivi- sion, Part Four. First Party further grants to Second Party: 1. The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said strips to such ex- tent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all gees and brush on said strips and to trim and to cut down and clear away any trees on either side of said strips which now -, -areafter in the opinion of Second 11L 1-1,1.*a,E 33 qua , 1WZ Party may be a hazard to said lines or drainageways or may interfere with the exercise of Second Party's rights hereunder in any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents I or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building, fence or other structure, or drill or operate any well, or construct any res- ervoir or other obstructions on said area, or diminish or sub- stantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that it is lawfully seized and possessed of the real estate above de- scribed; that it has good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. DATED this day of x , 1988. SF.V LLE CORPORATION, An Iowa Corporation CORPORATE SEAL OORPORpTE SERI. FranK J. Eicher, Pres dent and Secreta !y HILLS BANK AND TRUST COMPANY, EXECUTOR OF THE CARL M. MALMBERG ESTATE k. A i 1.3 7A$: 3,1 J" qua ppP,PORA�E SEAL M15 CITY OF IOWA CITY, IOWA BY:FAF rohn cg ald, Mayor BY: 9 ww Mar an K. Karr, City Clerk APPROVED AS TO FORM (•zp-I.- STATE OF IOWA ) WbAL DEPARTMENT SS: JOHNSON COUNTY ) /n�h On this � day of lJ 1958, before me the undersigned, a Notary Public I and for the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. NYCOlIMLSSDN pP1RES ��// S<Pamnn7.1B9s _ Notary Public in a d for the State of Iowa. STATE OF IOWA SS: JOHNSON COUNTY On this day of j j((f, 1988, before me, the undersigned, a N Public a,�d�,{o th State of Iowa, per- sonally appeared }",C .V 111 V , to me personally kin ? twh n me dulysworn did say that he is the 11�11�f'Y y respectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf corpor io th rity of its Board of Directors; and ��`( rP �V`1� yl ac- knowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by him and as the fiduciary volunt-6—rily execntaril of Iowa. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 9th day of June, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Malmberg, to me known to be the person who executed the : _2.;oing instrument on behalf of Mary M. Malmberg, and acknowled6u,: that he executed the same as the voluptar act and deed of the said Mary M. Malmberg. VOL�j;J u.[API /1 •.aGN CdPIRES Ell NVLRKX rUbLiU IN AND FUR THZ Q STATE OF IOWA 1�1' -9 - executed the within the foregoing instrument and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 28th day of June , 1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. j Nota y Public in and for the State of Iowa. 19/2-01-25 NOTARIAL SEAL 6 STORM WATER MANAGEMENT EASEMENT THIS AGREEMENT, made and entered into by and between Seville Corporation, an Iowa Corporation, whose principal place of business is in Iowa City, Johnson County, Iowa, Carl M. Malmberg Estate and Mary M. Malmberg, widow of Carl M. Malmberg, hereinafter referred to as "Subdivider" and the Citv of Iowa City, Iowa, hereinafter referred to as "City". For the sum of One Dollar ($1.00) and other valuable con- sideration, the receipt of which is hereby acknowledged by the Subdivider, the Subdivider hereby grants to the City an ease- ment for the purpose of constructing, operating and maintaining a storm water control structure and storm water storage area or otherwise known as a storm water detention basin over and across the storm water management easement area described as follows: Beginning at the Northeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Princi- pal Meridian; Thence S00053142"E, 313.75 feet along the East line of said Southeast Quarter to the Northerly Corner of Lot 56 of Southwest Estates Subdivision Part Four; Thence S84043122"W, 189.94; Thence N24°471371 -W, 125.69 feet; Thence N72°35128"W, 103.36 feet; Thence S67°40104"W, 103.76 feet; Thence N40°3111111W, 60.32 feet; Thence N21°28119"W, 189.74 feet to a point on the North Line of said Southeast Quarter; Thence N89040115"E, 550.00 feet along said north line to the Point of Beginning; Said tract of land contains 2.97 acres more or less and is subject to easements and re- strictions of record. Subdivider further grants to the City the following rights in connection with the above: 1. The right of ingress and egress thereto over the ex- isting storm sewer and drainageway easement and from the ad- joining dedicated street right of way across Lots 57, 58, 59 and 60 of Southwest Estates Subdivision, Part Four. j2. The right to grade and regrade the area included 1 within the storm water '•>tention basin provided that the City vas 1.1,1 �as� 37' qua N -2 - shall promptly reseed any areas upon which such grading and regrading has been accomplished. 3. The right from time to time to trim and cut down and clear away all trees and brush within said storm water de- tention basin which now or hereafter, in the opinion of the City, may interfere with the natural passage of the storm water through the storm water storage area, provided that any damage to the storm water storage area shall be promptly repaired by the City. 4. The Subdivider and their successors and assigns re- serve the right to use the storm water detention basin area for any purpose which will not interfere with the City's full en- joyment of the rights herein granted; provided that the Subdi- vider or their successors in interest shall not erect or con- struct any buildings, fences, or other structures or ob- structions on said area, or substantially add to the ground cover on said area. I5. Subject to the easements rights granted the City, owners of Lots 57, 58, 59, and 60, whether said lots be im- proved or unimproved, and the owner of that portion of the storm water management easement lying outside the subdivision, shall keep each of their respective properties free from weeds and debris and shall maintain the entire lot so as to minimize erosion in and around said control structure and storm water storage area. 6. The Subdividers do hereby covenant with the City that they are lawfully seized and possessed of the real estate above described and that they have a good and lawful right to convey the same. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. i DATED this __4LI day of 1988. I von r i N CORPORATE SEAL CORPORATE SEAL CORPORATE SEAT. STATE OF IOWA ) SS: JOHNSON COUNTY ) -3 - SEVILLE CORPORATION, An Iowa Corporation i Frank J.(( lcher, President and Seci46tary HILLS BANK AND TRUST COMPANY, EXECUTOR OF THE CARL M. MALMBERG ESTATE CITY OF IOWA CITY, IOWA BY: -yohn McDonald, Mayor BY: "AA ) Marian K. Karr, City Clerk On this day of, 1988, before me the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared Frank J. Eicher, to me personally known, who, being by me duly sworn, did say that he is the President and Secretary, respectively, of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Frank J. Eicher as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. my ION EXPIRES ,SpleinE�7, 1989 Notary Pubic in and for the State of Iowa. STATE OF IOWA SS: JOHNSON COUNTY On this ( 0_' day of 1988, before me, the undersigned, a Publi i. a �or he State of Iowa, per- sonally appkar.ed J , to me personally kn whng y me duly sworn, did say that he is the respectively•, of the corporation executing he foregoing instrument; t"at the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the c r•:nration by authority of YW.1 13 PAs, J APPROVED AS TO 4a. LFOR M I._OAL DEPARTMENT -4 - its Board of Directors; andM?�Il��ac- knowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by him and as the fiduciary volunt -.ily executed. P11%1CYNTHIA A. MILLS RAM 6YCOMMI I U'li� j Notary, ublic 1 no for t e ate of Iowa. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 9th day of June, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared James D. Malmberg, to me known to be the person who executed the foregoing instrument on behalf of Mary M. Malmberg, and acknowledged that he executed the same as the voluntary act and deed of the said Mary M. Malmberg. EEMY o'r ` JEAN 13ARTLEY / : CO MISSION EXPI S 30-V NO RY PUBLIC INN AND 00 THE STATE OF IOWA STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 28th day of June '1988, before me, the undersigned, a Notary Public in and for the State of Iowa, per- sonally appeared John McDonald and Marian K. Karr, to me per- sonally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corpo- ration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. 19/2-01-26 NOiAR1AL SEA�- Notary Public ;.n andoar the of Iowa. von 1:13 PAst Qp 9�� TITLE OPINION I, John D. Cruise, a practicing attorney in Iowa City, Iowa, do hereby certify that I have examined an abstract of title to Southwest Estates Subdivision, Part Four, an Addition to the City of Iowa City, Iowa, and it is located upon the fol- lowing described tract of land, to -wit: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00°53142"E, 1502.88 feet, along the East Line of the Southeast Quarter of said Section 13, to the Point of Begin- ning; Thence continuing N0O053142"E, 1137.60 feet, along said East Line to a Concrete Monument which marks the Northeast Corner of the Southeast Quarter of said Section 13; Thence S89040'15"W, 401.14 feet, along the North Line of the Southeast Quarter of said Section 13; Thence S1O01213611W, 366.87 feet; Thence Southeasterly 13.59 feet along a 244.48 foot radius curve, concave South- westerly, whose 13.59 foot chord bears S78011149"E; Thence S13023145"W, 130.00 feet; Thence S76°36'15"E, 84.60 feet; Thence S50059134"E, 98.66 feet; Thence S00053142"W, 213.70 feet; Thence S44000'02"W, 95.00 feet; Thence S77°32'29"W, 160.91 feet; Thence S54°41115"W, 164.18 feet; Thence S30°46'14"W, 95.00 feet to a Point on the Easterly Right -of -Way Line of Phoenix. Drive; Thence Southeasterly 291.52 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 289.29 foot chord bears S46°56'53"S, to the North- westerly Corner of Southwest Estates Subdi- vision, Part Three; Thence N55020100"E, 162.52 feet along the Northerly Line of said Part Three; Thence N77032'29"E, 177.20 feet along the Northerly Line of said Part Three; Thence S89°06'18"E, 197.22 feet along the Northerly Line of said Part Three to the Point of Beginning. Said tract of land con- tains 12.242 acres, more or less and is sub- ject to easements and restrictions of re- cord. That in my opinion the fee title is in Hills Bank and Trust Company, Executor of the Carl M. Malmberg Estate, Mary M. Malmberg and Seville Corporation, an Iowa Corporation, subject to contracts of sale to Seville Corporation, an Iowa Corpo- ration and all land in said subdivision is free from encum- brances. VOL 1. v j,g PA,E 41 6 -2- DATED at Iowa City, Iowa, this day of 1988, 1 19/2-01-11 I I I I i I I JrBox . Cruise Dubuque Street 2000 ity, IA 52244 VOL I -1,'j rsE 42 1 r CLERK'S CERTIFICATE I, Edward F. Steinbrech, hereby certify that I am Clerk of the District Court of Johnson County, Iowa, and that the prop- erty described as follows, to -wit: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N00053142"E, 1502.88 feet, along the East Line of the Southeast Quarter of said Section 13, to the Point of Begin- ning; Thence continuing N00°53'42"E, 1137.60 feet, along said East Line to a Concrete Monument which marks the Northeast Corner of the Southeast Quarter of said Section 13; Thence S89°40'15"W, 401.14 feet, along the North Line of the Southeast Quarter of said Section 13; Thence S10°12'36"W, 366.87 feet; Thence Southeasterly 13.59 feet along a 244.48 foot radius curve, concave South- westerly, whose 13.59 foot chord bears S78011'49"E; Thence S13023'45"W, 130.00 feet; Thence S76036'15"E, 84.60 feet; Thence S50°59'34"E, 98.66 feet; Thence S00°53'42"W, 213.70 feet; Thence S44000'02"W, 95.00 feet; Thence S77°32129"W, 160.91 feet; Thence S54041115"W, 164.18 feet; Thence S30046114"W, 95.00 feet to a Point on the Easterly Right-of-Wav Line of Phoenix Drive; Thence Southeasterly 291.52 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 289.29 foot chord bears S46056153"E, to the North- westerly Corner of Southwest Estates Subdi- vision, Part Three; Thence N55°20'00"E, 162.52 feet along the Northerly Line of said Part Three; Thence N77032129"E, 177.20 feet along the Northerly Line of said Part Three; Thence S89006118"E, 197.22 feet along the Northerlv Line of said Part Three to the Point of Beginning. Said tract of land con- tains 12.242 acres, more or less and is sub- ject to easements and restrictions of re- cord, i and shown on the plat attached hereto and known and designated i as Southwest Estates Subdivision, Part Four, an Addition to the City of Iowa City, Iowa, is free from all judgments, attach- ments, mechanic's or other liens as appear in the records of my office. DATED at Iowa City, Iowa, this (-a_ day of 1988. I Stecel EDWARD F. STEINBRECH - EDWARD F. STEINBRECH, Clerk of the District in and four, ,Johnson Count,.,, -ua. 19/2-01-12(%?L0. VO4 CERTIFICATE OF RECORDER I, John E. O'Neill, hereby certify that I am the County Recorder of Johnson County, Iowa, and that the title in fee to the property described as follows, to -wit: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence N0O053142"E, 1502.88 feet, along the East Line of the Southeast Quarter of said Section 13, to the Point of Begin- ning; Thence continuing N00053142"E, 1137.60 feet, along said East Line to a Concrete Monument which marks the Northeast Corner of the Southeast Quarter of said Section 13; Thence S89040115"W, 401.14 feet, along the North Line of the Southeast Quarter of said Section 13; Thence S10012136"W, 366.87 feet; Thence Southeasterly 13.59 feet along a 244.48 foot radius curve, concave South- westerly, whose 13.59 foot chord bears S78°11'49"E; Thence S13°23'45"W, 130.00 feet; Thence S76036115"E, 84.60 feet; Thence S50°59'34"E, 98.66 feet; Thence S00053142"W, 213.70 feet; Thence S44000102"W, 95.00 feet; Thence S77032129"W, 160.91 feet; Thence S54°41115"W, 164.18 feet; Thence S30°46114"W, 95.00 feet to a Point on the Easterly Right -of -Way Line of Phoenix Drive; Thence Southeasterly 291.52 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterly, whose 289.29 foot chord bears S46056153"E, to the North- westerly Corner of Southwest Estates Subdi- vision, Part Three; Thence N55020'00"E, 162.52 feet along the Northerly Line of said Part Three; Thence N77°32'29"E, 177.20 feet along the Northerly Line of said Part Three; Thence S89006118"E, 197.22 feet along the Northerly Line of said Part Three to the Point of Beginning. Said tract of land con- tains 12.242 acres, more or less and is sub- ject to easements and restrictions of re- cord, and shown on the plat attached hereto and known and designated ias Southwest Estates Subdivision, Part Four, an Addition to the City of Iowa City, Iowa, is in Seville Corporation, an Iowa Corporation, on contract from Carl M. Malmberg and Mary M. Malmberg, husband and wife, and that the property contained in said Southwest Estates Subdivision, Part Four, an Addition to the City of Iowa City, Iowa, is free `rcm liens and encum- brances. .� _l•l PASE :3 9 -2- DATED at Iowa City, Iowa, this day of'IY 1988. JOHN E. 0 NEILL, Recorder Johnson County, Iowa. 19/2-01-13 vol. J'.13 ?A -)L 45 i I I i I -2- DATED at Iowa City, Iowa, this day of'IY 1988. JOHN E. 0 NEILL, Recorder Johnson County, Iowa. 19/2-01-13 vol. J'.13 ?A -)L 45 CERTIFICATE, OF COUNTY TREASURER I, Cletus R. Redlinger, hereby certify that I am the Coun- ty Treasurer of Johnson County, Iowa, and that the property de- scribed as follows, to -wit: Commencing at a Concrete Monument which marks the Southeast Corner of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the Fifth Principal Meridian; Thence NO0053'42"E, 1502.88 feet, along the East Line of the Southeast Quarter of said Section 13, to the Point of Begin- ning; Thence continuing N00053142"E, 1137.60 feet, along said East Line to a Concrete Monument which marks the Northeast Corner of the Southeast Quarter of said Section 13; Thence S89040115"W, 401.14 feet, along the North Line of the Southeast Quarter of said Section 13; Thence S1O012'36"W, 366.87 feet; Thence Southeasterly 13.59 feet along a 244.48 foot radius curve, concave South- westerly, whose 13.59 foot chord bears S78011149"E; Thence S13023145"W, 130.00 feet; Thence S7603611511E, 84.60 feet; Thence S50059'34"E, 98.66 feet; Thence SO005314211W, 213.70 feet; Thence S44°00102"W, 95.00 feet; Thence S77032129"W, 160.91 feet; Thence S54041'15"W, 164.18 feet; Thence f S30°46114"W, 95.00 feet to a Point on the i Easterlv Right-of-Wav Line of Phoenix Drive; Thence Southeasterly 291.52 feet along said Right -of -Way Line on a 680.00 foot radius curve, concave Southwesterlv, whose 289.29 foot chord bears S46056153"E, to the North- westerly Corner of Southwest Estates Subdi- vision, Part Three; Thence N55020100"E, 162.52 feet along the Northerly Line of said Part Three; Thence N77032129"E, 177.20 feet along the Northerly Line of said Part Three; Thence S89006118"E, 197.22 feet along the Northerlv Line of said Part Three to the Point of Beginning. Said tract of land con- tains 12.242 acres, more or less and is sub- ject to easements and restrictions of re- cord, and shown on the plat attached hereto and known and designated as Southwest Estates Subdivision, Part Four, an Addition to the City of Iowa City, Iowa, is free from taxes. DATED at Iowa City, Iowa, this (j day of 1988. 42 CLETUS R.EDLINGER, Treasuter� / Johnson Countv, Iowa. 19/2-G.-10 - � •� 'dor. i x13 ?ASE 46 i 9 RESOLUTION NO. 88-14S RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF BLOCK 1, BRAVERMAN CENTER, A SUBDIVISION OF IOWA CITY,JOHNSON COUNTY, IOWA. WHEREAS, the owner, Southgate Development Company, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Block 1, Braverman Center, a subdivision of Iowa City, in Johnson County, Iowa, which is legally described as follows: Preliminary plat Block 1 of Braverman Center, a subdivision in Iowa City, Iowa, except Lots 1, 2, 3, 4, 5, 6, 7 and 8 thereof, containing 13.65 acres, more or less. Final plat A tract of land in the Northeast Quarter of the Northeast Quarter of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian. Said tract is part of Block 1, Braverman Center, according to the plat thereof recorded in Book 7, Page 9, Plat Records of Johnson County, Iowa. Said tract is described as follows: Beginning at the Southwest corner of Lot 2, Block 1, Braverman Center, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa; thence 567'56 00 E, 479.78 feet along the south line of said Lot 2 to a point on the west line of Lot 7, Block 1, Braverman Center, according to the plat thereof recorded in Book 27, Page 31, Plat Records of Johnson County, Iowa: thence S00'26120"W, 18.98 feet along the west line of said Lot 7; thence N89'33140"W, 446.00 feet to a point on the west line of said Block 1, Braverman Center and the Keokuk Street right-of- way; thence NOO'26120"E, 195.81 feet along said west line of Block 1, Braverman Center to the Point of Beginning. Said tract contains 47,898 square feet or 1.10 acres, more or less. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final plats of said subdivision and have recommended approval of same; and WHEREAS, the preliminary and final plats of said subdivision have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved subject to final approval of the legal papers; and WHEREAS, the legal papers have been approved as to form by the Legal Department; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. 9G3 yG.3 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA } CITY: i 1. That the preliminary and final plats of Block 1, Braverman Center, a subdivision of the City of Iowa City, are hereby approved. k 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating . to said subdivision and to certify the approval of this Resolution, which shall be affixed to the preliminary and final plats after passage - and approval by law; and the owner/subdivider shall record the legal document and the final plat of the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Strait and seconded by Courtney the Resolution be adopted, —and upon roT1 call there were: AYES: NAYS: ABSENT: X Ambrisco XCourtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 28th day of June 1988. AYOR Approved as to Form 6'1 L-�� ATTEST:ILlter�_ C LM LegVI Department yG.3 STAFF To: Planning & Zoning Commission Item: S-8820. Block 1, Braverman Center GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: Limitation period: Limitation period: SPECIAL INFORMATION Public utilities: REPORT Prepared by: Barry Beagle Date: June 16, 1988 Southgate Development Co., Inc. 325 East Washington Street Iowa City, Iowa 52240 Phone: 337-4195 Approval of preliminary and final plats for Block 1, Braverman Center To permit the development of a one -lot commercial subdivision. East of Keokuk Street directly opposite the Southgate Avenue intersection and south of K -Mart. 1.10 acre Undeveloped; CC -2. North - Commercial; CC -2. South - Undeveloped; RS -5. East - Commercial; CC -2. West - Commercial; CC -2. General Commercial. May 11, 1988. 45 -day: June 27, 1988. 60 -day: July 11, 1988. Adequate potable water and sani- tary sewer services are available to the site. 9� 3 I Public services: Transportation: Physical characteristics: BACKGROUND Police and fire protection will be provided by Iowa City. Sani- tation service will be provided by a private hauler. Direct vehicular access will be provided from Keokuk Street. Relatively flat, draining to the east. In 1985, the City Council approved a new preliminary plat and final plat for part of Block 1, Braverman Center, a subdivision located south of U.S. High- way 6 between Keokuk Street and Broadway Street. At the time of the subdivi- sion proposal, Block 1 was subdivided into four (4) lots and developed for the Iowa State Bank and Trust Company (Lot 1), Maxie's (formerly the Iowa State Liquor Store) and K -Mart (Lot 2), and the Colonial Office Building (Lot 3), with Lot 4 remaining vacant. On September 24, 1985, the City Council approved the new preliminary plat for the remaining 24.5 acres of Block 1 for Lots 5A, 5B, and 6-10, and also approved the final plat for Lots 5A, 5B, 6, 7, and 8. (See attached.) Concurrent with plat approval, the City Council approved preliminary and final Large Scale Non -Residential Development plans for Lots 4, 5B, and 7 to establish a commercial shopping center known as Pepperwood Place. Lots 9, 10, and 11 consisting of 13.65 acres remains to be final platted. ANALYSIS The 1985 preliminary plat for Block 1, Braverman Center has expired. In order to subdivide the remaining 13.65 acres of Block 1, the applicant re- quests approval of a new preliminary plat for Lots 9, 10, and 11, Block 1, Braverman Center, and final plat approval for Lot 9, Block 1, Braverman Center, a 1.10 acre commercial lot. The south property line for Lot 9 has been established to coincide with the zoning boundary separating the CC -2, Community Commercial Zone to the north and the RM -12, Low Density Multi - Family Residential Zone to the south. Both Lots 10 and 11 are zoned RM -12. Both the preliminary and final plat are in technical compliance with the design standards of the Subdivision Regulations. The proposed subdivision does not include the extension of any public streets with each lot taking direct access from either Keokuk Street or Broadway Street. Should future development of either lot 10 or 11 involve the exten- sion of a public street, submission of an amended preliminary plat would be required. As zoned, either lot may be developed for multi -family housing without requiring extension of public streets. The typical street section shown on the preliminary plat indicates that a standard four (4) foot side- walk will be installed on the east side of Keokuk Street. The preliminary plat should also provide for the extension of a sidewalk along the west boundary of Broadway Street. Both sidewalks are needed to ensure the safe and convenient movement of pedestrians to the shopping area to the north. 963 91 Public water and sewer service are currently available to the subdivision from either Keokuk Street or Broadway Street. The eight (8) inch water line in Keokuk Street was installed in 1984 by Southgate Development Co., with the Pepperwood Subdivision. Stormwater management is currently provided by a stormvater detention basin located along the southern boundary of the subdivision. Enclosed within a 2.28 acre stormwater management easement, the detention basin was installed in 1984 and designed to serve the Pepperwood Subdivision to the south and a substantial portion of the Braverman Center commercial development to the north. Pio additional information or submittals are required. Legal papers have been submitted and are currently under review by staff. STAFF RECOMMENDATION Staff recommends that consideration of the preliminary and final plats be deferred, but, upon resolution of the deficiencies listed below, that both plats be approved. DEFICIENCIES 1. Identify a sidewalk on the west side of Broadway Street on the prelimi- nary plat. 2. Approval of legal papers. ATTACHMENTS 1. Location Map. 2. Vicinity Map: 3. Approved Preliminary Plat - Part of Block 1, Braverman Center. 4. Approved Final Plat - Lots 5A, 5B, 6, 7, and 8, Block 1, Braverman Cen- ter. 5. Proposed preliminary plat - Lot 9, Block 1, Braverman Center. 6. Proposed Final Plat - Lot 9, Block 1, Braverman Center. Approved by: is acnmeiser, uirec rtment of Planning Program Development qCOI,3 I i VICINITY MAP 9G3 n I z SVww ppQ�Z Nouu VICINITY MAP 9G3 n i g �i; 7 as n Ifi,ulNal, �I � f • � i. fl O i �'; d�PP da iNiil illl , 3 z� .s fit d'. 1 � diiliilillllllll iliiillliinlhlli !I � ; 13.j' � i t8, !ts lilt n mm hwlM]Nrt9 71 �/ •�'��.. tel. ,`- �P01r •�� ' \��•�• SPD. � P•�F I P9 / •,` � ...�(.. ,� � it s 4 .I Irl` �.. ]] •K f3q] j ANO N+mA N31iq: nn WWW MUD 111TH H. N i JN:gpl 4AiPA P:1:Y/,{ 9G3 6 JORM MICROLAB MCMN11q[{ pi1191 SERIES MT•8 OF PRECEDING DOCUMENT A FUTURE RESIDENTIAL Ell O �w. • w� =o= .a=rt m_n-w=n • r / Alp T -• I // � �� dL•QG�DDG�gWC3 UETs l, - Z ,Ci r dSwwm SOUTHERN ._ "^."^ "."` •�� `T IOWA CITY COMMERCIAL I RESIDE1 TIA CENTER Lei LOT 10 ------ -- ., LOi 9 ...a.a.an .m..NJ iNiL� �MwP�.... NM taut. W .axL�i,_:cnPL eu.w.,�paa .+.eu¢wa (St �vtl I i LOT B v UZUD C sb•rb t[G4,i/rtP.LIC9 Gi • ps• vxp 4•v1,w uv w D O [wu.RrL yyyh.[rll h-111140 G.wOxlne 3w U > 'IO•N- 1 ,10T I �g SAP .-- • Mu ,, Lar 4Pot'3•�yO uwi: u�v+[. r., r..Mr�,.•..4 .r...., urM n, GI. -'a• Tj 9 1 n1..ln ..r n.x.43rx...xr/Ym ...rl 1 rrrrnMrr' If nr • '-. w1n r�rn yrur� •••' `\ \ \ `Cf r Y r b i1.2 iup vy ,r. r r'I �:r _.. w1n,nVr.�.. Y.nu.X• 'e ��a ••� xlxi 4rl rs r \i LCI 2 ht. a ti i LOT B v UZUD C sb•rb t[G4,i/rtP.LIC9 Gi • ps• vxp 4•v1,w uv w D O [wu.RrL yyyh.[rll h-111140 G.wOxlne 3w U > 'IO•N- 1 ,10T I �g SAP .-- • Mu ,, Lar I uwi: u�v+[. 8 Ir•n.n twlxm. GI. -'a• Tj 9 1 n1..ln ..r n.x.43rx...xr/Ym ...rl 1 41.1 y xr.11w+x 1411 u1ry//xl x,rrY/r .l. LOT B v UZUD C sb•rb t[G4,i/rtP.LIC9 Gi • ps• vxp 4•v1,w uv w D O [wu.RrL yyyh.[rll h-111140 G.wOxlne 3w U > 'IO•N- 1 It � q aO' Yx1u.rGn MII LG.YY q Mu I uwi: u�v+[. 8 Ir•n.n twlxm. GI. ' n1..ln ..r n.x.43rx...xr/Ym ...rl 1 y xr.11w+x 1411 u1ry//xl x,rrY/r .l. ••� J(rY'+O'w. afogY lO i 11 MIx. � 111, � Irl .1 GGGP NI Ix Iwr Wx• Iw C 4lL l['AL r� i -•�GN(pt -• I FINAL PLAT OF LOTS 5A, 5B, 6, 7, AND 8, BLOCK 1, BRAVERMAN CENTER i i 9G3 A�[ tlCAL 0=91"101 . tract of Iona in the lor[wut %error of the Perth...[ %.rter .t Section ll, lo—h1p 79 [arch, !11.1Veba 5 We., of be Fifth Prinrlp.l 4rflLn. Sold tract is port of Block 1, Bn.rroen Cwror. We., '.Me 91.1 Genf ,.old" In Bpok 7. Pets 9, flet l.tmd. .f Jahn... Co.,. [a.. Said tract Is described rot !;,:.airy or N. hum.... Issas, .1 bt 1. Block 1. Sn...w. C.nnr..,cmir, n the pl., N.reof racald.d In 5o.k S. Palo 69, Plot Records .f J.nn.an Goal,. 1v .l th..[e 5 69.16'00' E - 119.70 fort .lent 0....N It.. of aid Lob 1 N . ".. an No ..at Its. pf Lot 9, 51x4 1. a ..... son fasten at.m., [s she the bale[ thereof r.eml.d 1, Book 17. P.l. 91. Plot 9aceld. of "Kee'. C'ec". Ia., msec. 5 0.36'30' V - 15.96 foo .1pry the o.[ It.. of aid Wt it mance 0 69'I30- V _ 116.00 Wt to .Piet ad N. wet Ile. of aid Black 1, Benno Cwt% end the r.Nek street rigs[-.f-oR Ouvd 9 0415110- B - 195.01 few •lent said .rot Ile. of Block 1. Bra.r.w Geer to the Palet of bpwing. Said nest neral.. 0."S baser. fast .r 1.10 acnq eon or Io. I M1rtOf ur[Ifr Ihn[ [M. plR .es pnpv.d If No .r order .r direct ) mug cV9pl AN smoly[OPl [•[:"Mars [rd that 1 ad doll seIrylrnrM Pm(M I...I G[lwr sed Leal !sees...oder N. Star. of [a. d the I w ewalwt to bane. this Sa.Npu p.ol.pwn, Cesare, Ire. doc—b 115 E. 9raherytw 5....I •�Ta Roo city. 1.. 3I20 9h t. .YI l-, T. . ... vow d910EMCI Su6bar16ed sed [.pas to before w an this � dq of 196C. Charles A. 141iw Ill C. &,k.I prorp els. 1. Clq. 1. 5110 70• 'I� 7 MT Man If R.GW. j\\FYI hl I[ $tatter P C C L S V) S Senplry 1 Lu ..Ifnaing IS C. IS E. t'.L1. Sono[ Iso Cltp Sas 3220 c,J 1PPl0TLLS ._.p .;n1..... MJ FJETFort. I. larr. lri ark t. I.. - 1111ml. Gasad flacm. ,. Po11JT OF LOT 'eec,luuw� 2 esWro-.t. Ll � g ou.p el.11.I.S n. IP ELttL /7. '1'�• 60UTN6ATE AVEQUE. •,'. `Ca PV 169 W. 4709 FOUKJD � 'rte 0 fb' . 30" Rew W/UP U6. 4709 6FT ..7 Y I".IUs fJ� o 2n BRAVERMAM CFAITFR V) L aaowaaa SURVEYING AND ENGINEERING 109uiiwhM ilei, e.:. nnivnw S Senplry 1 ..Ifnaing IS C. IS E. t'.L1. Sono[ Iso Cltp Sas 3220 c,J 1PPl0TLLS o 66 .;n1..... MJ FJETFort. I. larr. lri ark t. I.. - 1111ml. Gasad flacm. ,. Po11JT OF LOT 'eec,luuw� 2 esWro-.t. Ll � g ou.p el.11.I.S n. IP ELttL /7. '1'�• • W lAP •,'. `Ca PV 169 W. 4709 FOUKJD LOT� 'rte 0 fb' . 30" Rew W/UP L aaowaaa SURVEYING AND ENGINEERING 109uiiwhM ilei, e.:. nnivnw I c,J �*M'¢[M4 LOT 7 • W lAP W. 4709 FOUKJD 0 fb' . 30" Rew W/UP U6. 4709 6FT FILIAL PLAT I".IUs 5 11. LOT 9 BLOGK I 2n BRAVERMAM CFAITFR tip I b 1 RESOLUTION NO. 88-146 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY89 LANDFILL EXCAVATION PROJECT WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 19th day of July, 1988. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 26th day of July, 1988, or at such later time and place as may then be fixed. It was moved by Ambrisco and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 28th day of June, 1988. 4/ AYOR ATTEST: //(gww,J 7�a�✓ TOFQRMG� CITY CLERK LEGAL DEPARTMENT 967 RESOLUTION NO. 88-147 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN APPLICATION TO THE IOWA DOT CAPITAL MATCH LOAN BANK. WHEREAS, the City of Iowa City has a municipal transit system; and WHEREAS, the City Council has authorized the application for federal funds to assist in the financing of Iowa City Transit's FY89 program of UMTA Section 3 and Section 9 capital projects; and WHEREAS, funds are available from the Iowa DOT Capital Match Loan Bank to provide interest-free loans of local match funds to Iowa public transit systems. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, as follows: 1. That the Mayor is authorized to execute an application for $65,670 from the Iowa DOT Capital Match Loan Bank, to assist in financing the local share amount of four buses to be procured in FY89. 2. That the $65,670 will be repaid in three equal payments of $21,890 in 1991, 1992, and 1993. 3. That JCCOG staff is authorized to file any additional information required by the Iowa DOT in conjunction with this project. It was moved by Ambrisco and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 28th day of June 1988. ATTEST: a f 7 .2 T~CLERK OR Ap v a Form Legal Department , RESOLUTION NO, 88-148 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE AGREEMENT FOR RISE FUNDING OF HIGHWAY 1 NORTH IMPROVE- MENTS. WHEREAS, the City Council of the City of Iowa City has programmed the reconstruction of Highway 1 North; and WHEREAS, the State of Iowa has created the Revitalize Iowa's Sound Economy (RISE) fund for the purpose of promoting economic development in Iowa through the establishment, construction, improvement and maintenance of dedicated public roads and streets; and WHEREAS, Iowa DOT has made RISE funds available for the reconstruction of Highway 1 North; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA DOT, as follows: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest the agreement for RISE funds. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Courtney X Dickson X Horowitz X Larson X X X McDonald _X Strait Passed and approved this _ 28tH day of June 1988. MAYOR ATTEST: _2? s� CITY LERK C_ A WDepaarVme9�nt Foam eg Ii 979 9 I 430 16th Avenue SW, Cedar Rapids, Iowa 52404 319-364-0235 July 26, 1988 Frank Farmer, P.E. City Engineer 410 East Washington Street Iowa City, Iowa 52240 Ref: RM -3715(3)--9D-52 Johnson County City of Iowa City Agreement 88-R-028 SUBJECT: Iowa I North RISE Project Dear Frank: Attached is your original of the fully executed agreement between the City of Iowa City and the Iowa Department of Transportation for the above referenced RISE project. The project involves the reconstruction of Iowa I from Interstate 80 north 0.29 mile. Please note that Section 4 of the agreement has been revised to state that eligible project costs for the project can be incurred effective July 1, 1988. This is in accord with my July 1, 1988 letter giving you authorization to begin incurring RISE eligible costs. You should also be aware of the stipulation in Section 11 requireing the submittal of project plans, specifications and other contract documents to this office for review at least 30 days prior to project letting. Since this RISE project Is on a primary road extension, our Office of Road Design will need to review and approve the project plans. i encourage you to allow adequate time for our department to complete this review process. Thank you for your cooperation in the processing of this agreement. Very truly yours, Richard E. Kautz District Local Systems Engineer REK/jh Attachment cc: Jeff Davidson, JCCOG, w/agreement Iowa City RME Mike Jackson, w/agreement , 9'7`1 a IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR RISE FUNDING CITY: 'Iowa City COUNTY: Johnson PROJECT NO.: RM -3715(3)--9D-52 is AGREEMENT NO.: 88-R-028 z. l This is an agreement between the City of Iowa City, Iowa, (hereinafter referred to as City) and the Iowa Department of Transportation (hereinafter f+ referred to as the DOT). The City submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315 (1985), and the application was approved by Transportation p Commission Order No. PR -88-457 on April 12, 1988. 4 Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the City to aid in the construction of certain transportation improvements which are necessary for the expansion of two unnamed private companies. { In consideration of the foregoing and the mutual promises contained in r this agreement, the parties agree as follows: k 1. The City shall be the lead local governmental agency for carrying out the i provisions of this agreement. i; ` 2. All notices required under this agreement shall be made in writing to the DOT and the City contact person. The DOT's contact person shall be the j District 6 Local Systems Engineer in Cedar Rapids, Iowa. The City's contact person shall be the City's Engineer. 3. The City shall be responsible for the development and completion of the following described RISE project: The reconstruction of Iowa 1 beginning just south of the Highlander Inn Driveway and extending north approximately 0.29 mile using a four -lane divided cross section with a 16 -foot wide raised median and left -turn storage lanes at Northgate Drive and Highlander Inn Drive. The project will taper to meet the existing 2 -lane highway at the north end of the project. 4. Eligible project costs for the project described in paragraph 3 of this agreement which are incurred after July 1, 1988, shall be paid from City RISE funds and other funds as listed below: N 2 City RISE Funds (Grant): $ 312,452 City RISE Funds (Loan): 133,908 City Local Contribution: 111,590 Project Total: 557,950 5. The local contribution may be made up of cash and/or non-cash contributions to the project. The City shall certify to the DOT the value of all non-cash contributions to the project. For right-of-way contributions, the City shall submit an appraisal from a qualified independent appraisor. The DOT reserves the right to review and audit any non-cash contributions to apprise itself of the true value of such contributions. If said review and audit has the effect of lowering the City's certified value of any non-cash contribution, the City shall increase its cash contribution to make up the difference. 6. The portion of the total project costs paid by City RISE funds (grant) shall not exceed the amount stated above ($312,452) or 56 percent of the total cost of the RISE eligible items, whichever is the smaller amount. 7. The portion of the total project costs paid by City RISE funds (loan) shall not exceed the amount stated above ($133,908) or 24 percent of the total cost of the RISE eligible items, whichever is the smaller amount. 8. The $133,908 loan stated in paragraph 4 above will be made at 0 percent per annum interest and shall be repaid in 10 annual installments of $13,391, the first of which shall become due one year from the date construction of the RISE project is completed. If, because of project underruns or other reasons, the total RISE funds loaned to the City is less than the maximum stated above, the annual payment shall be reduced accordingly. 9. In conjunction with the RISE project, the City shall design, let, and construct an Interstate 4R project extending from the I-80/Iowa 1 interchange north to just south of the Highlander Inn driveway a length of approximately 0.16 miles, and tying into the RISE project. This 4R project will be constructed at the same time as the RISE project. (See Exhibit A) The DOT shall reimburse the City for the costs of the 4R project, including the cost of design and construction engineering. This 4R project shall be subject to all provisions of this agreement (except paragraphs dealing with RISE funding) and shall additionally comply with all rules and regulations relating to the Interstate 4R program. 10. The City shall certify to the DOT's contact person that within 2 years of the date of Iowa Transportation Commission approval (April 12, 1988), 115 new full time jobs were created in the two unnamed private companies. This certification by the City is subject to audit by the DOT and the DOT has sole authority to determine whether the 115 jobs have been created. Failure to create or document the 115 jobs shall be considered a default under this agreement. 11. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a professional engineer licensed to practice in 179 the state of Iowa. The City shall submit.the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the City. However, the plans, specifications and other contract documents for each division must be submitted at least thirty (30) days prior to the project letting of each division. The DOT shall review said submittal(s) recognizing the City's development schedule and shall, after satisfactory review, authorize in writing the City to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. The City shall be responsible for obtaining any permits, such as right of way, utility, and/or construction permits required for the project. 12. The City shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the City shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The City shall provide the DOT file copies of project letting documents within five (5) days after letting. 13. For projects where FAS, FAUS, or Farm -to -Market funds are used to match RISE funds, the City shall additionally follow all administrative and contracting procedures which would normally be used when such FAS, FAUS or Farm -to -Market funds are used on a non -RISE project. The City shall comply with all requirements for the use of said funds. 14. Project activities or costs eligible for RISE funding include only those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement. 15. Activities or costs ineligible for RISE funding include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. 16. The City shall initiate project activities in a timely manner. The proposed timetable for project development is shown in Exhibit D which is attached hereto and by this reference incorporated into this agreement. If construction of the project has not commenced by the date shown in the timetable, this agreement is null and void and the commitment for RISE funding is revoked. The City may request the approval of the DOT to revise the beginning of construction date. The request must be in writing and be submitted thirty (30) days prior to the date shown in the timetable. 17. The City may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a professional engineer that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. q�j 18. The DOT shall reimburse the City for properly documented and certified claims for eligible project activity costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. 19. Upon completion of the project described in this agreement, a professional engineer shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plan specifications set out in this agreement. Final reimbursement of RISE i funds shall be 'made only after the DOT accepts the project as complete., 20. The City shall be responsible for the daily inspection of the project, and the compilation of a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for RISE funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 21. If the City fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to City by certified mail return receipt requested, to declare this agreement in default. The City shall have thirty (30) days from date of mailing of notice to cure the default. If the City cures the default, the City shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of City's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. 22. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of RISE funds loaned or granted by this agreement through charges against the City's road use tax funds. 23. The City agrees to indemnify, defend and to hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding 'participation. It includes, but is not limited to claims for acts and omissions for which the DOT alone was or would be responsible. 24. The City shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Civil Rights Act of 1965 and Iowa Executive Order 15, dated 10/11/67. The City or its contractor will use their best efforts to solicit bids from and to utilize minority group contractor, subcontractor, or contractors and subcontractors with meaningful minority group and female representation among their employees. The City will use its best efforts to insure contractor and subcontractor compliance with Iowa Equal Employment Opportunity obligations. J 25. If any. part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 26. This agreement is not assignable without the prior written consent of the DOT. 27. It is the intent of both parties that no third party beneficiaries be created by this agreement. 28. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A (1985). Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the City agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. 29. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one in the same instrument. 30. This agreement as set forth in paragraphs 1 through 30 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the City concerning this project. No representations, promises, or warranties have been made by either party that are not fully expressed in this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and City. s n I IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 88-R-028 as of the date shown opposite its signature below. City of Iowa City; By: � June 28 19 88 Ti—ti./ Mayor I, Marian K. Karr , certify that I am the Clerk of the City, and that John McDonald , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the 28th day of June 1988 Signed &;,14 .J. 4f . A lip RCRM City -Clerk of Iowa City, Iowa LEGAL DEPARTMENT Date June 28 1988 Iowa Department Of Transportation By: 19—� RogerL An er erg, P.E. Urban stems Engineer Offic of Local Systems VISUAL NO. SUBJECT a ' N.C.S. EXHIBIT A 9'9 7 EXHIBIT B Project activities or costs eligible for RISE funding include only the following: a. Roadway resurfacing, rehabilitation, modernization, upgrading, reconstruction or initial construction, including grading and drainage, paving, erosion control, pavement repairs and overlays, and shoulder widening and stabilization. b. Bridge and culvert repair, modernization, replacement or initial construction. c. Roadway intersection and interchange improvements including warranted traffic signalization when it is integral to the improvement. d. Right-of-way purchase. e. Construction or improvement of motorist rest areas, welcome centers, and information centers. f. Design engineering costs and construction inspection costs associated with RISE -financed projects. g. County and city bond principal and interest payments associated with RISE projects. No financing expenses incurred prior to funding commitment shall be eligible. h. Stonn drainage and storm sewer costs to the extent needed for draining the roadway. u I 8 EXHIBIT C Activities or costs ineligible for RISE funding include but are not limited to the following: a. Any and all costs incurred prior to a funding commitment by the commission. b. Routine roadway, bridge and culvert maintenance, including pothole filling, . crack sealing, seal coating, patching, shoulder maintenance, gravel or. earth roadway maintenance, and bridge . painting. c. Winter roadway and bridge maintenance, including snow plowing, sanding, and salting. d. Overhead and operating costs associated with eligible project activities, including auditing. e. Expenses associated with the preparation and submission of applications for RISE funding. f. Predesign engineering expenses. g. Traffic signalization, except as an integral part of a roadway project. h. Pavement marking and traffic signs, except as an integral part of a roadway project. i. Electric; water, natural gas, telephone and other utility construction, reconstruction or adjustment. j. Safety appurtenances, except as an integral part of a roadway project. k. Lighting, except as an integral part of a roadway project. 1. Lighting energy and maintenance costs. m. Sidewalks, bicycle paths, and railroad -highway crossings, except when replacing those facilities in service and affected by the project, or as an integral part of a roadway project. n. Parking expenditures, including those for structures, lots, meters, and marking. 979 9 9 o. Nonroadway transportation expenditures, including those for railway, aviation, public transportation, and inland waterway facilities and equipment. p. Purchase of furnishings, construction equipment, and personal property. q. General government expenses and expenses associated with the provision of any public service which are not eligible for RISE program assistance. r. Sanitary sewers. S. Water mains. 9 Section E - Time Schedule November 16, 1987 Application for RISE funds submitted to Iowa DOT. June 30, 1988 Agreement for RISE funds executed. Commence design and engineering for Highway 1 improvements. Commence non -roadway site improvements as weather permits. November 1, 1988 Design and engineering completed for Highway 1 improvements. Bid date set. January 1, 1989 Bids received and construction contracts awarded. April 15, 1989 Construction begins - Highway 1 improvements. November 1, 1989 Construction completed - Highway 1 improvements. Non -roadway site improvements completed. EXHIBIT D Revised 6/1/88 T r RESOLUTION NO. 88-149 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, a copy of said agreement being attached to this resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation to install traffic signals at the intersection of Iowa Highway N1 (Dodge Street) and Church Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation. 2. That the City Council shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 28th day of June 1988. ?AYOR" /� Ap6r Ged a t Form ATTEST: (./% CITY LERK Legal Department 18o 9 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN -STATE TRAFFIC ENGINEERING PROGRAM PROJECT City: Iowa City County: Johnson Project No: UST -1-5(44)--4A-52 Iowa Department of Transportation Agreement No: 88-U-030 11 WHEREAS, pursuant to Sections 306A.7 and 307.44, 1987 Code of Iowa, as amended, 21 the City of Iowa City, hereinafter called the CITY, and the Iowa Department of Transportation, hereinafter called the STATE, may enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies involved, and WHEREAS, the STATE provides funds through the Urban -State Traffic Engineering Program (U -STEP), a cooperative program for relatively low-cost solutions that will speed traffic flow and reduce accidents on primary road extensions, and WHEREAS, the STATE has made these funds available for reimbursement in the ratio of 55 percent STATE funds and 45 percent local funds up to a maximum amount in STATE funds of $200,000 for a "spot improvement" or $400,000 for a "linear im- provement", and WHEREAS, a "spot improvement" shall mean a limited improvement project in terms of area, length, and cost, such as intersection reconstruction or signalization; and a "linear improvement" shall mean a more lengthy improvement project in terms of blocks or miles, such as street or highway widening, resurfacing, or recon- struction, and WHEREAS, the CITY proposes to develop a "spot improvement" U -STEP project on Dodge Street (Iowa No. 1) at the intersection with Church Street to install traffic control signals with pedestrian signal heads and interconnection to the Market and Jefferson Streets intersections. NOW THEREFORE, BE IT AGREED: 1. The CITY will prepare and furnish to the STATE for review the necessary plans, specifications, and an estimate of cost for the proposed construction project. Traffic signals shall conform to the Iowa Manual on Uniform Traffic Control Devices for Streets and Highways. 2. The STATE will share eligible construction and right-of-way costs in the ratio of 55 percent STATE funds to 45 percent CITY funds up to a maximum STATE participation per project of $200,000 for a "spot improvement" or $400,000 for a "linear improvement." The estimated total of eligible construction and right-of-way costs for this project is $28,000. If, upon completion of final plans, the estimate exceeds the preliminary estimate contained herein by 20 percent or more, the extra work or increased cost must be approved by the STATE prior to contract letting or beginning of construction. The CITY proposes to acquire the traffic signal equipment and install them by CITY force account work. 3. The STATE shall be responsible for the costs of construction of longitudinal and outlet storm sewers made necessary by highway construction in the propor- tion that the street right-of-way of the primary road extension bears to the total drainage area to be served by the proposed sewers. The CITY shall be responsible for the remaining portion of storm sewer costs not paid for by the STATE. 90^ Agreement Number: 88-U-030 City: Iowa City Page 2 4. Upon approval of final plans, proposal forms, specifications, and cost esti- mate, the STATE will give the CITY written notice to proceed with the project. For the portion of the project under contract by public letting, the CITY shall supervisionadvertise for thefor e construction workaper onnedlundergtheand contract.de adeuate ThegCITY shall submit the letting documents to the STATE for approval prior to formal action in the award of the contract. 5. The project must be let to contract or construction started within two (2) a; years of the date of this agreement by the Iowa Department of Transportation Commission or this agreement is automatically cancelled. This agreement may t" be extended for a period of six (6) months upon receipt of a written request from the CITY prior to the cancellation date. r` 6. For that part of the work under contract b the work will be performed in compliance with Specification Number�1008, or current edition at Y the time bids are requested, "Iowa State Department of Transportation Supple- mental Specification for Equal Employment Opportunity Responsibilities on u Non -Federal -aid Projects" which by this reference is made a part thereof. 7. The CITY will be responsible for the costs of the construction. Acceptance of the completed construction shall be with the concurrence of the STATE. CITY shall prepare and submit to the STATE a detailed billing statement The materials, installation, and construction costs incurred by the CITY. (De- sign, inspection, and administration costs will be borne by the CITY.) If said statement is in proper form, the STATE will promptly reimburse the CITY in the amount of 55 percent of the eligible costs of the project, taking into account the limitations of Paragraph 2 herein. 8. Periodic billing statements may be submitted by the CITY during progress of the work. The STATE will review these statements and make recommendation as to their payment. Payment will be made in accord with Paragraph 7 above. 9. For reimbursement made to the CITY by the STATE, specific reference is made to Iowa Department of Transportation Accounting Policy and Procedures Manual, Chapter XV, Audits of Contracts with Second Parties, a copy of which is attached hereto and marked "Exhibit A." 10. Upon completion of the project, the CITY will certify that the project was completed in accordance with the plans and specifications before receiving final reimbursement of STATE funds. 11. The CITY shall have ownership of traffic signals constructed with this project and shall operate them at the expense of the CITY so long as signal protection is considered by either party as necessary at said location. If considered by both parties as no longer necessary at said location, the signals are to be removed by the CITY at the CITY's expense, and may be Installed at another location acceptable to both parties and thereafter shall be owned and operated at the expense of the CITY. 12. Signs and other traffic control devices necessary for construction of the project shall be furnished by the CITY and maintained in accordance with the Iowa Manual on Uniform Traffic Control Devices. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 9SO IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 88-U-030 as of the date shown opposite its signature below. City f Iowa City By /F� >�" June 28 19 88 Ti a Mayor I, Marian K. Karr certify that I am the Clerk of the CITY, and that John McDonald who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a i formal Resolution duly passed and adopted by the CITY, on the 28th day of June , 1988 Signed City Elerk of Iowa City, Iowa Date June 28 , 1988 IOWA TDEPARTRERNF TRANSPORT N Highwon By 19 ogerL. n r g Urban S tems En ineer : I -. IOWA DEPARTMENT OF TRANSPORTATION COST REIMBURSE14ENT GUIDELINES FOR AUDITS OF C014TRACTS WITH SECOND PARTIES REVISED MAY 1, 1903 It is the policy of the Iowa Department of Transportation that the External Audits Staff of the Office of Audits perform an examination and analysis of fiscal or other source records maintained by claimants and others making cost representations to the Iowa Department of Transportation as a result of any contract, agreement, resolution and/or ather document which binds the Iowa Department of Transportation. Claimants covered by this policy include the following: Political Subdivisions, Railroads, Public and Private Utilities, Consultants and Educational Institutions. The primary objective of the audit will be to ascertain that the invoices, as submitted, are in accord with the agreement and that the invoices include only those costs specifically incurred. As means of identification, it is suggested that the work be assigned and recorded by work order, job order and/or proper project designation. This procedure will accumulate and record into a separate account all actual and indirect costs in connection with said contract, and support the Second party's claim, which will be subject to audit, prior to final reimbursement. All records shall be made available at a central location to facilitate the audit. External Audit Procedures: 1. Labor Costs: a. Determination will be made that salaries and wages are billed at actual or average. rates accounting for productive labor hours and other expences paid to other individuals during the period that they are directly or incidentally engaged in the work. These costs must be supported by adequate records. b. It will be ascertained that normal procedures were followed, hours and rates charged were those actually paid the employees and overtime, if charged, was actually paid. c. Costs to the Second party for vacation. sick and holiday pay and other costs Incident to laboremployment will be reimbursed when supported by adequate records. The percentage applied to direct labor costs for indirect costs, such as vacation, holiday and sick pay and other benefits such as social security will be audited by item to the applicable ledger accounts. Careful analysis will be made to assure that percentage charges for indirect costs are not greater than those charged to the units' regular operations. 2. C uq�nt: a. Reimbursement for owned equipment will be limited to rates which account for actual costs of equipment used by the second party. Arbitrary or otherwise unsupported equipment use charges wall not be reimbursed. 1. Political sub -divisions may, in lieu of actual cost/rate development, utilize the current 'Schedule of Equipment Rates" published by the Federal Emergency Management Agency (FEMA); refer to Attachment A. b. Where owned equipment is not available, reimbursement for rented equipment will be limited to the amount of rent paid to the lowest qualified bidder after obtaining appropriate quotations. 3. Material: Materials and supplies shall be billed at cost. Discounts, rebates, and allowances Shall be deducted from material costs. Verification shall be made that all materials billed are incorporated in the project. Materials for construction not shown on the estimate or by change order or letter approval from the State will not be reimbursed. 1. Materials Recovered (Salvage): A. Materials previously in place which are recovered in suitable condition for reuse by the Second party in connection with construction, shall be credited to the project at current stock prices. If the Second party consistently charges recovered material at original cost or a percentum of current price new, the project shall receive credit accordingly. The auditor shall determine that materials salvaged are included In the credit or that scrap value and proper disposal is noted. I0 OF PRECEDING DOCUMENT c IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 88-U-030 as of the date shown opposite its signature below. City of Iowa City 8y June 28 19 88 �. Ti e Mayor i I, Marian K. Karr certify that I am the Clerk of the CITY, and that John McDonald who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a J formal Resolution duly passed and adopted by the CITY, on the 28thday of June 19 88 Signed G,ty b' erc of Iowa City, Iowa I. Date June 28 1988 IOWA DE F TRANSPORiaUON Highw Division 8y 19 oger n g Urban S tems En sneer i I i i .r% c IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 88-U-030 as of the date shown opposite its signature below. City of Iowa City 8y June 28 19 88 �. Ti e Mayor i I, Marian K. Karr certify that I am the Clerk of the CITY, and that John McDonald who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a J formal Resolution duly passed and adopted by the CITY, on the 28thday of June 19 88 Signed G,ty b' erc of Iowa City, Iowa I. Date June 28 1988 IOWA DE F TRANSPORiaUON Highw Division 8y 19 oger n g Urban S tems En sneer i I i i MI. 1989 All 28 RECEIVED I IOWA DEPARTMENT OF TRANSPORTATION COST REIMBURSEMENT GUIDELINES FOR AUDITS OF CONTRACTS WITH SECOND PARTIES REVISED MAY 1, 1933 It is the policy of the Iowa Department of Transportation that the External Audits Staff of the Office of Audits perform an examination and analysis of fiscal or other source records maintained by claimants and others making cost representations to the Iowa Department of Transportation as a result of any contract, agreement, resolution and/or other document which binds the Iowa Department of Transportation. Claimants covered by this Policy include the following: Political Subdivisions, Railroads, Public and Private Utilities, Consultants and Educational Institutions. The primary objective of the audit will be to ascertain that the invoices, as submitted, are in accord with the agreement and that the invoices include only those costs specifically incurred. As means of identification, it is suggested that the work be assigned and recorded by work order, job order and/or proper project designation. This procedure will accumulate and record into a separate account all actual and indirect costs in connection with said Contract, and support the Second party's claim, which will be subject to audit, prior to final reimbursement. All records shall be made available at a central location to facilitate the audit. External Audit Procedures: 1. Labor Costs: a. Deteoeination will be made that salaries and wages are billed at actual or average rates accounting for productive labor hours and other expences paid to other individuals during the period that they are directly or incidentally engaged in the work. These costs must be supported by adequate records. b. It will be ascertained that normal procedures were followed, hours and rates charged were those actually paid the employees and overtime. if charged, was actually paid.. c. Costs to the Second party for vacation, sick and holiday pay, and other costs incident to labor employment will be reiebursed when supported by adequate records. The percentage applied to direct labor costs for indirect costs, such as vacation, holiday and sick pay and other benefits such as social security will be audited by item to the applicable ledger accounts. Careful analysis will be made to assure that percentage charges for indirect costs are not greater then those charged to the units' regular operations. 2. Equipment: a. Reimbursement for owned equipment will be limited to rates which account for actual costs of equipment used by the second party. Arbitrary or otherwise unsupported equipment use charges will not be reimbursed. 1. Political subdivisions may, in lieu of actual cost/rate development, utilize the current "Schedule of Equipment Rates" published by the Federal Emergency Management Agency (FEMA); refer to Attachment A. b. Where owned equipment is not available, reimbursement for rented equipment will be limited to the amount of rent paid to the lowest qualified bidder after obtaining appropriate quotations. 3. Material: Materials besdeductedpfrom material costs. ated cost. shall Abe madesthetdalllmaterials billed are incorporated in the project. Materials for construction not shown on the estimate or by change order or letter approval from the State will not be reimbursed. 4. Materials Recovered (Salvage): a. Materials Previously in place which are recovered in suitable condition for reuse by the Second party in connection with construction, shall be credited to the project at current stock prices. If the Second party consistently charges recovered material at original cost or a percentum of current price new, the project shall receive credit accordingly. The auditor shall determine that materiels salvaged are included in the credit or that scrap value and proper disposal is noted. PAGE 2' ' b. Materials recovered from temporary use shall be credited to the project at stock prices, less a percentage allowance for loss of service life. It will be ascer- tained that the Second party has notified the State where materials are scrapped and when they were made available for inspection. _ c. The foregoing shall not preclude any additional credits when such credits are required by State law or regulations. S. Overhead: a. In the event that the Second party maintains construction overhead clearing accounts, each project shall bear only its equitable proportion of overhead costs. Arbitrary percentages or amounts charged to projects to cover assumed overhead costs will not be reimbursed. b. The records supporting the entries for overhead costs shall be kept to show the total amount, rate and allocation basis of each additive. Also, it will be necessary to ascertain that charges to those accounts are directly applicable to the project and the rates derived from such clearing accounts are the same as those applied to the. Second party's regularconstructionwork. 6. Sub -Contracts: Determination will be made that the State has approved the subcontract,�the unit has properly solicited bids and awarded the sub -contract to the lowest qualified bidder. Subletting shall not relieve the Second party of any provisions of.the Contract., 7. Completion and Acceptance Reports: Political sub-dividions shall initiate a Certificate of Completion and final acceptance which must be submitted with the final claim. A. Audit Reporting_ At the conclusion of the audit, the audit staff will prepare a Certificate of Audit Indicating their conclusions and retonwandations. The Certificate will be approved by the External Audits Manager and where exceptions are cited, a Schedule of .Exceptions will be prepared, Copies of these documents will be forwarded to the Department which originated the reimbursement agreement or contract. In addition, distribution of the Audit Certificate will be made to the Contracts Section and Federal Reimbursement Section of the Accounting Department to assure proper payment to the Second party and proper billing to FMWt. _ 9, Preparation of Vouchers: Vouchers in payment of Second party invoices resulting from agreements will be prepared by the administering departments. 9 FEDERAL EMERGENCE HAHAGM= AGENCY STATE AHD ID= PROGRAMS AND SUPpogr DISASTER ASSISTANCE PROGRAMS WASHINGTON; D.C. 20472 SCHEDULE OF EQUIPMENT RATES These rates are applicable to equipment owned and operated by the State, local goverment or private nonprofit Orgmltation perfcrtdng work Federally funded by FEMA, =opt in those instances when the Associate Director for State and Local Programs and Support approves alternate rates. Theme rates, or approved alternate rates, 3he11 be used in Damage Survey Reports, approval of Project Applications and claims for reimbursement for equipeentl Casts. Any appeals shall be in accordance with 44 CFR 205.120. These rates are for equipment in good meehanical condition, complete ea required with attachments, tools, hoses, cables, oilers, blades, honest, skip, hook, etc., as required, unless otherwise indicated. Each rate covers'all costs eligible under PL 93-288 for ownership and operation of equipment, including depreciation, all malntenaace, field repairs. fuel, lubricants, tires, OSHA equipment and other coats incident to operation. Insurance. equiPeot .halter.. overhead. profit. aad admisistrative costs are Act eligible and are not included. Standby equipment costs we ease met eligible. Equipment to be eligible must be in actual operation. Labor costa of gxrator era not lncludedand should be approved separately from equipment costs. Rates for equlpseat wad to perfora eligible wrk net listed will be furelshed by F'F11A upon request. '1'hsae�rates aro avolir�able to unseat die tens cr 44 i declared b thePresident and fire suppression .asap to (S ti l ITE HOURLY RATE ITEM HOURLY RATE Air Coonresaor(sir at 100 psi) Tractor. Crawler to 150 cSm inclusive 4.75 to 45 HP incluain 5.75 to 215 cfm inclusive 6.75 to 90 EP Inclusive 11.50 to 325 cfa inclusive '71.00 .to 1]5 HP lneluslve 17.00 to 450 an inclusive 14.00 to 175 RP inclusive 23.00 to 600 cfm inclusive 20.50 to 195 SP inclusive 27.00 over 600 Cts. - 25.00 to 240 HP inclusive 34,00 Comoaetleo EmSneumt over 240 Up. 46.00 Hand Held Tenoer Tractor. Wheeled Reamer or vibratory. pan Type O -TS '`to TD HE inclusive 6.25 Roller. Towed to 120 HP inelwive 13.00 Rubber Tired to 160 HP inclusix 17.00 over 160 RP 30.00 to 20 ton incl. 2.00 to 50 ton incl. 11.00 t,�.wat+y. E.;StmaAt Steel, Sheeystoat/Wadgatoot e .(per dam) 1.25 to CY inclusive,8 Roller. Self -Propelled Rubber Tired, Tended dr 3 wheals to 5 ton inclusive over 5 ton Steel, Sheepsfoot/Wedgermt ... VEarth MOIRE Loader C ave 3/4 CY inclusive to 1 CY inclusive to 1 1/2 CY inclusive to 2 Cr Inclusive over 2 CY _Loader. Wheeled to 1/2 CY inclusive to 1 CY inclusive to 1 1/2 CY inclusive to 2 CY inclusive over 2 CY Scraper. Pull -TY -P, to 7 CY inclusive to 12 CY inclusive to 21 CY inclusive Scraper, Self -Propelled to 9.5 CY inclusive to 11 CY inclusive over 11 CY 21.00 24.00 31.00 June 18, 1902 io to 1/2 Cr inclusive .00 17.00 -. to 3/4 CY inclusive 27.00 mer 3/4 CY 38.00 6.25 8.50 18.00 Clamshell ar Drnaline ._ . __ _... to 1/2 CY inclusive •- - - - - -15.00 to 3/4 CY inclusive 25.00 to 1 CY inclusive 36.00 8.00H a c Ercnvntar 30.00 to 3 CY inclustve 19.00 13.00 to 1/2 CY inclusive 23.00 17.00 to 3/4 CY inclusive 27.00 22.00 to 1 CY inclusive 34.00 mar 1 CY 38. DO 5.50 8.50 Lifting Equipment 13.50 Cranes 17.00 to 5 too inclusive 11.00 24.00 to 15 ton inclusive 21.50 to 20 ton inclusive 26.00 6.25 to 30 ton inclusive 31.00 over 30 too 39.00 9.50 or - rt, Pneumatic Tired 14.25 to 1 1/2 too inclusive 6.25 to 3 ton inclusive 6.25 over 5 ton 11.50 21.00 24.00 31.00 June 18, 1902 io �TFM s� uspinR Eoulnmeat Gas o'r Diesel t0 2" inclusive to 3" inclusive to 4" inclusive to�6" inclusive to 8" inclusive to 30" inclusive to 12" inclusive Electiic to' 3" inclusive to 14" inclusln to 6" inclusive to 8" inclusive ! Pumos'WSthaut Paver to'32n dnalusin to 18" inclusive to 24" inclusive Truck ... . I Asphalt Distributor Bucket, Aerial Lee to 4 CY to 5 CY to 6 CY to 8 CY to 10 Cr aver 10 CY Flatbed/Stake - to 2 1/2 ton laclusive ever 2 1/2 too Una Garbase, to 25 CY Tractor Vater, with Amp to 3,000 gals, i""iusive over 3,000 gals. Wrecker I YSscelleneoue E uism nt Bat, Utility v/lbgine to 49 HP inclusive over 49 BP •'• Broom, Road Self -Propelled Towed or, Mounted lenerator { to 5 HW inclusive to 15 HW inclusive to 25 %W inclusive HOURLY RATE 0.75 1.75 3.00 5.50 8.00 10.00 12.00 0.50 1.50 4.00 5.25 0.50 0.75 1.00 16.oQ 14.00• 11.50 12.25 14.00 16.00 19.00 21.00 9.25 13.00 14.50 18.50 16.00 8.25 10.00 14.00 4.00 6.00 7.75 1.25 1.00 2.75 5.00 June 18,, 1982 Spread-,. (Chip 4 Ot9mej Ill H00?_.Y RAT2 .• . Gr��der, Motor 1T•Do to 115 HP inclusive 8.50 to 175 HP iuclusim 19.00 over 175 HP 25.00 Mixer, Concrete or Monar 1.25 -Paver, Bituminous 22.00 Saw, Chain, Portable 0.80 Sorer Cleaal 5.T5 Badder or Bucket Machine 2.50 Jet Plumber Truck -' 20.00 Vacuum Truck 10 CY 20.00 vacuum Truck 13 Cr 22.00 • Yecutm Truck 16 Cr 25.00 Combined Plusher 4 Veema Trk. 10 CY 22.00 Combined Plusher 4 Vacuum Trk, 13 CY 24.00 Combined Flusher 4 Vacuum Trk. 16 CY 27.00, ... Raw now, All .. 1.50 .. . June 18,, 1982 Spread-,. (Chip 4 Ot9mej Tailgate, All 1,QQ Self-propelled, All 1T•Do Sweeper, Street, Self -Propelled 15.50 Trencher to 45 HP inclusive 3,50 to 95 HP inclusive 10,00 over 95 HP 24,00 Trailer Asphalt Distributor. to 2,000 Bal, 8.00 Dump, 21 CY, struck 5.T5 Equi.50 3 HousiOffice V/Ut111tiae .02/of/day Utility 5.00/day water. to 5.000 gals. 11.50 Vehicles Ambulance and Rescue ,28/mile Automobile .18/silo Truck, 1/2 tan - .21/mile Truck, to 1 ton .28/mile Add for 4 wheel drive .02/pile Bus, to 15 pass. inclusive, .28/mile Bus, over 15 pus. .35/mile _Welding Machine to 300 Amps inclusive 4,50 ' to 600 Amps inclusive 5.25. *The CY capacity is the struck factory designed capacity. RESOLUTION NO. 88-150 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS AUTHORIZING USE OF PUBLIC RIGHT-OF-WAY AND ACKNOWLEDGING ENCROACHMENT ONTO A SEWER EASEMENT, ON LOT 21, WINDSOR HEIGHTS ADDITION. WHEREAS, William 0. Terry and Judith Terry (Terrys) owned property located at 415 North Seventh Avenue in Iowa City; and WHEREAS, while preparing to close a sale of that property, surveys showed that a retaining wall in the front of the property was partially located on a right-of-way for a walkway which presently exists between Lots 20 and 21 of Windsor Heights Fifth Addition, and on a City sewer easement located along the rear of the property; and WHEREAS, the retaining walls would not normally have been allowed on either the sewer easement or the public right-of-way; and WHEREAS, the retaining walls presently do not present any problems for the City; and WHEREAS, the City is willing to allow continued use of the right-of-way and easement if it is protected from any extra cost which may be incurred in working on the easement or in constructing a sidewalk on the right-of- way, and is protected from liability which may result from such use, and can order removal of the retaining walls if the right-of-way is needed for any purpose; and WHEREAS, an Agreement for Use of Public Property, and an Agreement relating to encroachment onto the sewer easement, containing such condi- tions, are attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Agreement for Use of Public Property, and the sewer easement Agree- ment which are attached hereto. 2. Terrys shall record the Agreements in the Johnson County Recorder's Office, and shall return file -stamped copies of the agreements to the City Clerk. It was moved by Courtney and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson _ X McDonald X Strait 0 Resolution No. 88-150 Page 2 Passed and approved this 28th day of June 1988. MA Approved as to Form ATTEST:. G21CLERK .. Leg Departm nt g � I I 4 i I i I I i I I i AGREEMENT THIS AGREEMENT Is entered into between Nil Ilam 0. Terry and Judith A. Terry, husband and wife, of Iowa City, Johnson County, Iowa, hereinafter re- ferred to as TERRY, and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as CITY; WHEREAS, TERRY is the owner of Lot 21, Windsor Heights Fifth Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Rook 17, Page 36, Plat Records of Johnson County, Iowa; AND WHEREAS, an Easement to the City of Iowa City for storm sewer is lo- cated five (5) feet on either side of the Northeast houndary line of said Lot 21; AND WHEREAS, there Is located within said easement right of way a retain- ing wall which is part of the improvements installed for and used by the owner of said Lot 21; AND WHEREAS, said retaining wall violates the terms of the easement agreement providing for no permanent Improvements or obstructions within said easement right of way; AND WHEREAS, the CITY does not require said retaining wall to be removed but requires TERRY to agree to certain terms for the retention of said retain- ing wall within the easement right of way; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HERE- IN, IT 15 HEREBY AGREED AND UNDERSTOOD AS FOLLOWS: 1. That the retaining wall located within the above referred to ease- ment right of way may continue to be located within the easement right of way and CITY will not cause its removal. 2. That in the event it is necessary for the CITY to exercise Its ease- ment rights for the repair and maintenance of the sewer located within said right of way, the CITY will not he responsible for any damages to said retaining wail necessitated by the exercise of its easement and TERRY holds the CITY of Iowa City harmless from Any da. mages to the retaining wall and other Improvements located within the right of way if damaged by CITY during the exercise of its ease- ment rights. 6 I .p. 3, This Agreement shall be binding upon the heirs, assigns, transferees and successors in interest to the parties hereto and shall be a covenant running with the land and binding upon all future owners of said Lot 21. DATED this 7 2 day of T U ry(- 1988. V.tYL. a it -w, CITY OF IOWA CITY o On /� ATTEST: Lill �KK AP As ro witM LMU D[PA111MC:T ! I a .3 - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON I On this_ 2Z day of 1988, before me, the under- signed, a Not public in and !o the State of Iowa, personally appeared William 0. Terry and Judith A. Terry, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instru. ment, to which this Is attached, and acknowledged that they executed the same as their voluntary act and deed. ary'u, c v n nor state of Iowa. STATE OF IOWA 1 1 SS: COUNTY OF JOHNSON ) On this 28th day of June 1988, before me, the undersign- ed, a Notary public in and for the State of Iowa, personally appeared JOhn McDonnlrl and Marian K. Karr , to me personally known, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respec. tively, of the City of Iowa City, Iowa, executing the within and foregoing in. strument; that [no seal has been procured by the said] [the seal affixed thereto is the seal of said] municipal corporation; that said Instrument was signed [and sealed] on behalf of said City of Iowa City by authority of its City Council; and that the said JohnMcDonzd and Marian K. Karr as such officials acknowledged the execution of said Instrument to be the vol- untary act and deed of said City of Iowa City, Iowa, by it and by them volun. tarily executed. Nota y u C n end ortate ole owa qgl 9 0 AGREEMENT FOR USE OF PUBLIC PROPERTY THIS AGREEMENT is made by and between William 0. Terry and Judith Terry, husband and wife, hereinafter referred to as TERRY, and the City of Iowa City, a municipal corporation, hereinafter referred to as CITY; WHEREAS, TERRY is the owner of Lot 21, Windsor Heights Fifth Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 17, page 36, Plat Records of Johnson County, Iowa; AND WHEREAS, TERRY has constructed a dwelling home upon said property and as a part thereof has constructed a retaining wall which Is located par- tially within an undeveloped public walkway adjacent to and abutting the Southwesterly line of said Lot 21, all as shown on Exhibit "A" attached here- to; AND WHEREAS, the CITY has never improved said walkway and whereas TERRY desire to secure the permission of CITY to continue to locate and utilize said retaining wall within said CITY walkway; AND WHEREAS, the CITY 1s willing to grant said permission and to agree to the use of said walkway as now located upon certain terms and conditions; NOW, THEREFORE', IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. TERRY, and the future owners of said Lot 21, may continue to locate said retaining wall within said public walkway. 2. TERRY acknowledges that no property right is conferred by this grant of pemission and that CITY is not empowered to grant a per- manent use of its walkway for private purposes. 7. In the event CITY decides to install and construct the sidewalk within said walkway, TERRY will be liable for any extra costs In- curred by CITY to either build around the wall or replace It. e. TERRY agrees to indennify, defend and hold CITY harmless in connec. tion with any liability whatsoever arising in regard to the in- stallation, maintenance, use and repair of said retaining wall. S. In the event CITY decides to install the sidewalk within said walk- way, TERRY shall be required to carry liability insurance, In ntni- mum amounts of SSOO,000/SI.000,D00/$250,000 with contractual lia- bility coverage included as part of such insurance, and shall fur- nish acopy of the policy to CITY. TERRY agrees to thereafter maintain such Insurance in force so long as the retaining wall is 9 IM located within said walkway, and failure to maintain such insurance In force shall automatically terminate the grant of permission con- tained herein. The parties agree that CITY may require reasonable Increases In the amount of insurance coverage in order to provide comparable coverage protection in the future. In the event the re- quired insurance is not maintained, CITY shall have the right to remove the encroaching retaining wall following five (5) days prior written notice to TERRY and the costs of removal shall be charged against the property in the manner provided by Section 764.2(e), Code of Iowa. 6. This Agreement shall constitute a binding covenant with the land and shall be binding upon and inure to the benefit of the respec. tive successors In interest and assigns of both parties. Notices directed to TERRY shall be dl rected to the then owner of said Lot 21 in the event TERRY has transferred his/her interest therein. DATED at Iowa City, Iowa, this ,7 9 day of v.. , 1988. CITY OF IOWA CITY BY: ohm Nc oma d, Mayor ATTEST:„ 7��, OT t erry Nario arr, y cler APP D A8 TO 11011Y L -t L L DEPARTMENT R8I 9 0 -3- STATE OF IOWA SS: COUNTY OF JOHNSON 1 On this 1 day of 7 1988, before me. the under- signed, a Notary public in and for the State of Iowa, personally appeared William 0. Terry and Judith A. Terry, hushand and wife, to me known to be the identical persons named in and who executed the within and foregoing instru- ment, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. tart' Out nen r tate o awa. STATE OF IOWA 1 1 SS; COUNTY OF JOHNSON ) On this 28th day of June 1988, before me, the undersign- ed, a Notary public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr , to me personally knosm, who, being by me duty sworn, did say that they are the Mayor and the City Clerk, respec- tively, of the City of Iowa City, Iowa, executing the within and foregoing in- strument; that [no seal has been procured by the said] [the seal affixed thereto is the seal of said] munlclpal corporation; that said instrument was signed [and sealed] on hehalf of said City of Iowa City by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officials acknowledged the execution of said Instrument to be the vol- untary act and deed of said City of Iowa City, Iowa, by it and by them volun- tarily executed. e—A�owaAotry FuunI o for cte>1 9 Or r :vt :•at cu...a t•r •cnv :• ne„nu•� :SE'•�4 •ai er'4'Iai�r•.t c+ r ..c• It Raa•• a sw1w. "S rde rrder a. Iur•VHlonl of Lot 21. of Windsor -.-is ado.%,zn tc :ow C. t'. Imran a!I .r. aecraw •nth vs P!et 7ao.dre Ir ;.at ecu r, n Page Y. cf t_I +ecoids of the ioh•son Court. 9rc:•dar•s O•f.0 'unhe, urNfr that the Plat as s.rorn as a correct rrPrrsantaem^ of tha surra and t"t al I corne•'1 are rare as ihd-ca Vd. 9obut e. "•cWto 949• It. 7076 Gat. Y!'.. O.C. me a'u. n (ar blrlr I da- Ce. w..__-- �. Can .. MMS ealunrm.IW_ ZOO C. \ \ wf . o•JJvr u go c. 4 of f /• P. r'. Cl. , JJ. JOS. Or r :vt :•at cu...a t•r •cnv :• ne„nu•� :SE'•�4 •ai er'4'Iai�r•.t c+ r ..c• It Raa•• a sw1w. "S rde rrder a. Iur•VHlonl of Lot 21. of Windsor -.-is ado.%,zn tc :ow C. t'. Imran a!I .r. aecraw •nth vs P!et 7ao.dre Ir ;.at ecu r, n Page Y. cf t_I +ecoids of the ioh•son Court. 9rc:•dar•s O•f.0 'unhe, urNfr that the Plat as s.rorn as a correct rrPrrsantaem^ of tha surra and t"t al I corne•'1 are rare as ihd-ca Vd. 9obut e. "•cWto 949• It. 7076 Gat. Y!'.. O.C. me a'u. n (ar blrlr I da- Ce. w..__-- �. Can .. MMS ealunrm.IW_ JJ RESOLUTION NO. 88-151 RESOLUTION AMENDING THE HOUSING REHABILITATION PROGRAM FOR OWNER - OCCUPIED AND RENTAL PROPERTIES IN IOWA CITY. WHEREAS, the City is the recipient of funds granted by the U.S. Department Of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council has budgeted funds from the Community Develop- ment Block Grant for rehabilitation of owner occupied properties, and also received formula grants under Section 17 of the United States Housing Act of 1937 for Rental Rehabilitation; and WHEREAS, the City Council wishes to revise certain policies and procedures for said rehabilitation programs in order to make more efficient use of said funds as well as other funds available under the Section 312 Rehabil- itation Loan Program; and WHEREAS, the amendments to the Administrative Policies and Procedural Manual for Housing Rehabilitation Programs are attached to this resolution and hereby made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITYAdministrative that i ePolicy City and Council ManualPrforsthe amndments to the HousingeRehabilitation Programs. It was moved by Strait and seconded by Ambrisco the Resolution be adopt_ an upon roll call there were: AYES: NAYS: ABSENT: X X Ambrisco Courtney X X Dickson X Horowitz X Larson X McDonald Strait Passed and approved this 28th• day of .lune 1988. ATTEST: Approved as to Form /✓✓S '-Atoe Legal Department 9�� HOUSING REHABILITATION MANUAL (Changes underlined) Programs it - (1) Comprehensive Home Improvement (2) Weatherization (3) Exterior Paint/Siding (4) Residential Accessibility (5) Emergency Repair (6) Rental Rehabilitation (7) Residential Facilities Maximun Income 100% median 100% median 100% of median 100% of median 50% of median No limit 80% of median for 75% residents Items to be included for income consideration are listed on the interview form. 2. Income Adjustments and Exclusions Grants 8 Loans. The following amounts are deducted from monthly gross income: (a) $40.00 per child per month (child must be living in the home, be i under 18 years of age, or be a full-time student dependent). (b) 10% of gross earned income is deducted for taxes, for persons not retired or disabled or see (3). (c) 25% of fixed income is deducted for retired and/or handi- capped/disabled persons. Fixed income consists of retirement benefits, disability benefits and/or social security benefits. (d) The following adjustments are allowed only for the Residential Accessibility Program: deductions of average monthly costs of prescriptions, over the counter medications, medical fees and other special health and support services. i -20 - Chapter 5. Financial Assistance Categories, Loan Terms, Limitations and Conditions SECTION I. COMPREHENSIVE HONE IMPROVEMENT PROGRAM AND RESIDENTIAL FACILTIIES. A. General. This part sets forth the assistance categories, terms, and limitations for providing rehabilitation assistance to owner/occupants. B. Assistance Categories and Loan Terms. Eligibility for home improvement loans will be determined by certain "Assistance Categories." Such cate- gories will be defined by the annual adjusted gross income of the appli- cant. I. Comprehensive Home Improvement Assistance Eligible for Effective Cagtegory Income Level Interest Rate of: 1 Income 50% of the median or below 50% Life Lienl 50% - 10 Yr. Depreciating Lien 2 Income between 51-59% of the median 50% Life Lien 50% 3% - 15 yr. loan 3 Income between 60-79% of the median 3% - 15 year loan 4 Income between 80-100% of the median 7% - 15 year loan 5 Income between 50-80% of the median Life Lien Combine with Section 312 loan -------------- lApplicant makes no monthly repayment. However, 50% of the amount becomes a Life Lien and 50% becomes a Depreciating Lien where 10% of the lien is for- given per year. Relatives assuming title to a property may reimburse the life lien over a period of 10 years if income is below 50% median. 9 -21 - Median income for the Iowa City MSA is established by HUD and is based on the number of persons per household. The current income chart is at- tached as Exhibit 3. II. Residential Facilities Income Head 75% of residents must be below 80% of the median Type of Loan/Lien 50%-10 yr. Depreciat- ing Lien 50%-3% 15 yr. loan C. Assistance Limitations. Under general conditions, the maximum subsidized loan shall not exceed $22,000 per unit. The minimum subsidized loan shall be not less than $1,000. These limits may be waived on a case- by-case basis by the Director. In addition: 1. Funds provided through the City's rehabilitation programs may not exceed 50% of the appraised value of the property after rehabilita- tion. 2. No rehabilitation loan may exceed the difference between the dollar value of the mortgage and the after rehabilitation value of the property. 3. For single family owner -occupied property, a special exception may be granted to item C.I. by the Housing Commission if the structure is listed in the National Register of Historic Places, listed in a state or local inventory of Historic Places, or designated as a state or local landmark or historic district by appropriate law or ordinance. go 9 -22- 0. Assignability. 1. Title Holder. All comprehensive Home Improvement Loans are not assignable and shall be due upon sale or transfer of the property. If during the course of the Lien/Mortgage the property would become not owner -occupied, the City has the option of calling the lien due. 2. Land Contract Holder. The title holder shall approve a lien against the property in the amount of the rehabilitation loan. Sale or transfer of the property by use of a land contract shall be construed as a transfer of property and the loan shall be payable in full at that time. E. Loan Instruments. Market rate home improvement loans shall be secured by instruments individual lenders commonly use for loans of like kind and term. Depreciating liens will be secured by a Property Rehabilitation Lien and be subordinate to a Lender Lien or Mortgage filed on behalf of the City. Life liens shall be recorded at the Johnson County Recorder's Office. SECTION II. WEATHERIZATION PROGRAM. A. General. This part sets forth the limitations, terms for providing a weatherization loan to owner -occupants. B. Assistance Categories and Loan Terms. Income Below 60% of median 60-80% of median 80-100% of median Loan Terms Life Lien on property No interest - 5 year loan 7% - 5 year loan 9 -23- C. Assistance Limitations. Under general conditions, the maximum assistance shall not exceed $2,500.00. The minimum subsidized loan shall not be less than $1,000.00. These limits may be waived on a case-by-case basis by the Director. D. Assignability. The Weatherization Loan is not assignable and shall be due upon sale or transfer of the property. Selling the property by use of a land contract shall constitute a transfer of property and the Weatherization Loan shall be payable in full at that time. Also, if during the term of the lien the property should become not owner -occu- pied, the City has the option of calling the lien due. E. Loan Instruments. A lleatherization Loan shall be secured by a Promissory Note that is duly recorded. Life liens shall be recorded at the office of the Johnson County Recorder. SECTION III. PAINTING/SIDING LOAN PROGRAM. A. General. This part sets forth the limitations, and terms for providing a painting/siding loan to ainer-occupants. B. Assistance Categories and Loan Terms. (1) Paint Income Below 60% of median 60-80% of median 80-100% of median Loan Terms 5 year Depreciating Lien No interest - 5 year loan 7% - 5 year loan y8� -2a- j (2) Siding Income Below 60% of median 60%-80% of median 80-100% of median Loan Terms Life Lien No interest - 5 year loan 1 7% - 5 yr. or 15 yr. loan C. Assistance Limitations. Under general conditions, the maximum assistance shall not exceed $2,500.00 for a one-story house and $5,000.00 for a trio -story house. ;:hen complex work is required to prepare the surfaces for painting, the total cost may exceed the maximum cost by an additional $1,000. D. Assignability. The Painting/Siding Loan is not assignable and shall be due upon sale or transfer of the property. Selling the property by use of a land sales contract shall constitute a transfer of property and the Painting/Siding Loan shall be payable in full at that time. Also, if during the term of the lien the property should become not owner -occu- pied, the City has the option of calling the lien due. E. Loan Instruments. Life liens shall be recorded at the office of the Johnson County Recorder. Loans shall be secured by a Promissory Note that is duly recorded. SECTION IV. RESIDENTIAL ACCESSIBILITY PROGRAM, A. General. This part sets forth the limitations, eligibility and terms for providing a residential accessibility grant to owner -occupants. B. Assistance Categories and Grant Terms. Income of homeowners not to exceed 80% of median. Assistance will be in the form of a direct grant. If the applicant's income is between 80-100% of median, the homeowner may request a 7% loan for a term of 15 years. y City of Iowa City MEMORANDUM Date: June 21, 1988 To: City Council and City Manager From: i-( Marianne Milkman, CDBG Program Coordinator Pam Barnes, Housing Rehabilitation Officer Re: Amendments to Housing Rehab Manual As interest in our Housing Rehab Programs continues to grow, we are finding that there are a couple of ways in which we may be able to use CDBG funds more efficiently. 1. Low Interest Loans Although our comprehensive rehab program includes the use of low interest loans (7% interest over 15 years) for households at 80-100% of median income, we do not have this type of loan for the Paint/Siding, Weatherization and Residential Accessibility programs. Currently, households with 80-100% median income are not eligible for these three programs. We now have a number of households at this income level interested in low interest loans, and therefore we recommend the following additions to the programs: Weatherization Program - Maximum loan $2,500, 80-100% median income, 7% 5 -year loan. Paint/Siding Program - Maximum loan $5,000, 80-100% median income, 7% 5 -year loan. Residential Accessibility Program - Maximum loan 5,000, 80-100% median income, 7% 5 -year loan. Maximum loan 22,000, 80-100% median income, 7% 15 -year loan. (See amended Summary Chart attached.) 2. Combining Comprehensive Rehab Loans with Section 312 Loans During the recent monitoring visit by members of the HUD, Omaha Office, it was suggested that the City could make its CDBG funds go further and make greater use of HUD Section 312 funds by combining the two programs. The Section 312 loan program, which is administered directly by HUD with the City acting as escrow agent, liaison and rehab inspector, is a comprehensive housing rehab program for home owners with incomes at or below 80% of median income. HUD provides 3%, 20 -year loans of up to $33,500 for residential structures, to financially responsible home owners. (The Section 312 program also includes other types of loans not relevant to our housing rehab program.) HUD has very strict underwriting guidelines, and even households with close to 80% median income who have a number of additional debts, often do not qualify for the loans. However, if CDBG funds (for instance $5,000) are added to assist in rehab, the monthly loan go payment may be reduced sufficiently to make the home owner eligible for the Section 312 program. The City would retain a lien on the property for the $5,000, which would be repaid when the property is sold. The advantages of combining these two programs are: 1. The City can make greater use of the federal Section 312 program which is currently well funded! 2. More home owners become eligible for assistance and therefore more of the City's housing stock is maintained. 3. As indicated by HUD, the CDBG rehab funds go further, and again, more households can be assisted and more housing stock rehabilitated. The Housing Commission and the Committee on Community Needs have reviewed these changes and recommend their adoption. Please call me at 356-5244 if you have any questions or would like additional information. /pct 9�z SlJW%Ry OF REQUIREMENTS FON HOUSING REHABILITATION PROGRAMS _ Owner Inane Maxlmie A Minimum (Percentage 1 PrWrr Intent of Program Funds Avalleble Location Occupancy of Median) Loan Terms Payback to Citr V\ Comprehensive Rehabilitation of structure Max: 122,000 Designated (103) Owner- 501 or 1/2 Life Lim 1/2 loan amount when Home Improve- In order to meet Nousln Mln• 1 1 000 Mel hb h ad � Residential Improvements to stake the Nu: 1 5,000 City-wide Attesslblllty property accessible and Min: None Program permit the handicapped or disabled homeowner to remain. Independently. In the home. Costs could Include: ramps, doorway widening, grab bars, handl- Me.,t : �xi,1100 capped toilets, etc. Emergency Correction ofmajor vtola- Max: 1 3,000 City-wlde ❑ Repair tions of housing code Min: None Assistance standards Mich make the Program structure uninhabitable. fc4 : Rental Rehabilitation and Improve- Max: S S.000 unit Designated was s Rehabilitation went of rental units to Min: / 60 unit Rental Program meet lousing Code standards Rehabilitation Mlle maintaining afford- Target Areas able rents. Residenti® Facilities) Rehabilitation facilitie of Weeden- . F+clllttu tial Rcllltlu to mut Max: $22,000 City-wide Rehabilitation housing code requirements, Min: $ 1,000 correct Incipient viola- tions, and provide docent, safe and sanitary housing for clients of human ser- vice agencies, Yo - IOD Owner- Up to 80t occupied 80 - 1003 5 yr. depreciating , None If property Is Ileo an painting not sold within fire Life Lien m siding years Ipoinllng). S yr, no Interest Total 11 am amunt when loan an painting properly Is sold and siding (siding). Total loan amount with 7° .ryr. locx an interestj- Direct grant None. 7% Sl, 10o+. r)a� IOax CLwGu� a vo-ift,ro 77lay,:lon Owner. Below 50% If cost Is less than None. occupied tI,DOO. direct grant. If cost Is greater Total loan moot if than 111,000, Life property Is said. Lien an properly. Renter- No limit 'Gap Financing'; 10 1 payable If property occupied year depreciating Is sold within len Ileo lar up to 601 years. of the cast of rehabilitation. Owned by At lust IR 10 yr.depreclat- orgenita- 75% of Ing lion tlon,occu- residents In 3% 15 yr. loan pled by below 80%. clients of human ser- vice orgenl- :atlon fent Program g Quality Standards. Applies , g or o Improvement occupied below an property 172 10 yr.1for properly Is sold; below S01 medim Siding Loan clated with protection of to all "Jor systems, Neighborhood occupied Areas exterior wood and other depreciating Income). surfaces far enhancement of Including: furnaces, hot Areas 60.801 neighborhoods. Costs could Iter Include caulking, point, water tanks, fined electri. cal equipment, sanitary 51-59% 112 Life Lien Total loan amount with fixtures, roofs, etc. on property , 112 15 yr. 3% loan varying Interest for Incomes Wore 50% (o••-l...e21 60-791 31 15 yr. loan medlm. 7� YealherRatlm Program Improving all elements of home Insulation We Max;1 ,5o. luta.. e; 1 2,500 Designated (107) BID. Y. - eo •Bo� Owner- Below 601 11 15 yr, tan 4,(e- l.w. Life Lim m property total tom amount when Ihl�illL-11171( such as: Nin: 1 750 Neighborhood occupied 60.806 5 yr, no Interest properly Is sold. •- Insulation, stoma wlnduef Improvement )am Total loan amount with and doors, caulking, energy Areas no Interest 6=i• 7� w�rauY efficient furnaces, and .y Stb'IfAk 7 a�r•lacw other mergy saving Residential Improvements to stake the Nu: 1 5,000 City-wide Attesslblllty property accessible and Min: None Program permit the handicapped or disabled homeowner to remain. Independently. In the home. Costs could Include: ramps, doorway widening, grab bars, handl- Me.,t : �xi,1100 capped toilets, etc. Emergency Correction ofmajor vtola- Max: 1 3,000 City-wlde ❑ Repair tions of housing code Min: None Assistance standards Mich make the Program structure uninhabitable. fc4 : Rental Rehabilitation and Improve- Max: S S.000 unit Designated was s Rehabilitation went of rental units to Min: / 60 unit Rental Program meet lousing Code standards Rehabilitation Mlle maintaining afford- Target Areas able rents. Residenti® Facilities) Rehabilitation facilitie of Weeden- . F+clllttu tial Rcllltlu to mut Max: $22,000 City-wide Rehabilitation housing code requirements, Min: $ 1,000 correct Incipient viola- tions, and provide docent, safe and sanitary housing for clients of human ser- vice agencies, Yo - IOD Owner- Up to 80t occupied 80 - 1003 5 yr. depreciating , None If property Is Ileo an painting not sold within fire Life Lien m siding years Ipoinllng). S yr, no Interest Total 11 am amunt when loan an painting properly Is sold and siding (siding). Total loan amount with 7° .ryr. locx an interestj- Direct grant None. 7% Sl, 10o+. r)a� IOax CLwGu� a vo-ift,ro 77lay,:lon Owner. Below 50% If cost Is less than None. occupied tI,DOO. direct grant. If cost Is greater Total loan moot if than 111,000, Life property Is said. Lien an properly. Renter- No limit 'Gap Financing'; 10 1 payable If property occupied year depreciating Is sold within len Ileo lar up to 601 years. of the cast of rehabilitation. Owned by At lust IR 10 yr.depreclat- orgenita- 75% of Ing lion tlon,occu- residents In 3% 15 yr. loan pled by below 80%. clients of human ser- vice orgenl- :atlon der Ices. Painting/ Coverage of all costs asso- Max; 1 2,580 for Designated (107) Owner- Below 60% Siding Loan clated with protection of I story dwelling Neighborhood occupied Program T exterior wood and other Max: 1 5,000 for Improvement . surfaces far enhancement of 2 story dwelling Areas 60.801 neighborhoods. Costs could Min: None Include caulking, point, slain. sldbo and labor. Residential Improvements to stake the Nu: 1 5,000 City-wide Attesslblllty property accessible and Min: None Program permit the handicapped or disabled homeowner to remain. Independently. In the home. Costs could Include: ramps, doorway widening, grab bars, handl- Me.,t : �xi,1100 capped toilets, etc. Emergency Correction ofmajor vtola- Max: 1 3,000 City-wlde ❑ Repair tions of housing code Min: None Assistance standards Mich make the Program structure uninhabitable. fc4 : Rental Rehabilitation and Improve- Max: S S.000 unit Designated was s Rehabilitation went of rental units to Min: / 60 unit Rental Program meet lousing Code standards Rehabilitation Mlle maintaining afford- Target Areas able rents. Residenti® Facilities) Rehabilitation facilitie of Weeden- . F+clllttu tial Rcllltlu to mut Max: $22,000 City-wide Rehabilitation housing code requirements, Min: $ 1,000 correct Incipient viola- tions, and provide docent, safe and sanitary housing for clients of human ser- vice agencies, Yo - IOD Owner- Up to 80t occupied 80 - 1003 5 yr. depreciating , None If property Is Ileo an painting not sold within fire Life Lien m siding years Ipoinllng). S yr, no Interest Total 11 am amunt when loan an painting properly Is sold and siding (siding). Total loan amount with 7° .ryr. locx an interestj- Direct grant None. 7% Sl, 10o+. r)a� IOax CLwGu� a vo-ift,ro 77lay,:lon Owner. Below 50% If cost Is less than None. occupied tI,DOO. direct grant. If cost Is greater Total loan moot if than 111,000, Life property Is said. Lien an properly. Renter- No limit 'Gap Financing'; 10 1 payable If property occupied year depreciating Is sold within len Ileo lar up to 601 years. of the cast of rehabilitation. Owned by At lust IR 10 yr.depreclat- orgenita- 75% of Ing lion tlon,occu- residents In 3% 15 yr. loan pled by below 80%. clients of human ser- vice orgenl- :atlon RESOLUTION NO. 88-152 RESOLUTION APPROVING THE REVISED CITIZEN PARTICIPATION PLAN, A POLICY GUIDE FOR CITIZEN PARTICIPATION IN THE COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM IN IOWA CITY, TO REFLECT THE SECTION 508 REQUIREMENTS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987. WHEREAS, the Committee on Community Needs (CCN) was established by the Iowa City City Council in 1976 to coordinate communications between it citizens and policy makers with regard to all matters concerning the Community Development Block Grant (CDBG) program, and f; WHEREAS, the CCN developed a Citizen Participation Plan, as a formal means ?' of involving citizens in the City's CDBG program, which plan was adopted by the City Council by Resolution No. 82-263 on May 26, 1982, and t! WHEREAS, in accordance with the Section 508 Citizen Participation provi- sion of the Housing and Community Development Act of 1987, requiring certification that the City has adopted and implemented a Citizen Partici- pation Plan, and WHEREAS, CCN has recommended approval of such plan, and i WHEREAS, the Iowa City city Council and the CCN recognize that such a plan is important in ensuring that citizens are provided adequate information and opportunities for the use of CDBG funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWAthat , Housing and Citizen andCommunii of cipation tyDevelopmentlan, as Act of 1987,�iaed by copy ofewhich is8attached hereto, is hereby adopted as a policy guide to citizen participation in the CDBG program in Iowa City, Iowa. It was moved by Ambrisc_ and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X K Ambrisco Courtney X X Dickson K Horowitz R Larson X McDonald Strait Passed and approved this 28th day of June 1988. go OR 'y, Approved as to Form ATTEST: irix.aid, ✓ /lL 6-2o-hk CITY `CLERK Leg Department VI Iowa City, Iowa Community Development Block Grant Program CITIZEN PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN A GUIDE TO CITIZEN PARTICIPATION IN IOWA CITY COMMITTEE ON COMMUNITY NEEDS JUNE - 1988 CITIZEN PARTICIPATION PLAN ii Introduction - Need for a Citizen Participation Plan The Committee on Community Needs (CCN) was established by the Iowa City City Council inJanuary of 1976 to coordinate communication between Ecitizens and policymakers with regard to all matters concerning the Community Development Block Grant (CDBG) Program. The Committee is made up of 11 residents who represent a cross section of the community and who serve three-year terms. During the first seven years of the CDBG Program, the Department of Housing and Urban Development (HUD) required communities receiving CDBG funds to have a written Citizen Participation Plan. Such a plan was intended to ensure that all citizen participation requirements set by HUD were carried out. t In 1981, Congress changed some of the regulations of the CDBG program, including the deletion and addition of certain citizen participation requirements. The need for a formal Citizen Participation Plan was one of the requirements eliminated. CCN felt that a Citizen Participation Plan was a valuable tool in ensuring that citizens were provided adequate information and have input on the use of CDBG funds. In 1986, the Committee, therefore, recommended that the City Council adopt the Citizen Participation Plan, as amended by the 1983 amendments to the Community Development Act (Urban Rural Recovery Act PL - 98 -181), however, retaining the formal Plan, for the City of Iowa City. Pursuant to the recently adopted Housing and Community Development Act of 1987, Section 508 requires that cities develop and implement a formal Citizen Participation Plan. Since the City of Iowa City had previously elected to retain the formal Citizen Participation Plan, only minor revisions required by the 1987 act are necessary. CITIZEN PARTICIPATION ACTIVITIES As required by Resolution No. 76-136, CCN will meet regularly to discuss, to monitor and make recommendations on all aspects of the CDBG program and other concerns and problems suggested by citizens. All meetings are accessible to handicapped persons. Activities Related to the Annual Filing of a CDBG Program Statement I. Information will be provided through the media, general public meetings, and neighborhood meetings on the amount of CDBG funds available annually, and eligible activities for the use of these funds. Notice of public hearings and meetings on all aspects of the CDBG Program Statement will be published with dates, times, places, topics, tiz timetables, and procedures included, in the Iowa City Press-Cien, or other appropriate newspapers, at least ten days prior to the hearing or meeting. In addition, press releases will be sent out, public service notices placed on the radio and cablevision, and notices sent out to neighborhood residents as appropriate. 3. Neighborhood meetings will be held to provide specific information about the CDBG program as appropriate. These meetings will be held at convenient locations and times to allow broad participation of all residents who might be affected. The meetings will be designed to allow citizens to give input in the planning, implementation, and assessment of the Community Development program and performance. Particular efforts will be made to involve low- and moderate -income persons and members of minority groups in the CDBG program. 4. Technical assistance will be provided by the CDBG Division staff to CCN, neighborhood groups, and other groups representative of lower income persons. 5. CCN will hold a public meeting to provide information regarding the CDBG program to citizens, and to permit citizen input regarding the City's community development and housing needs. 6. Following neighborhood meetings and a public meeting, a draft statement of the City's community development objectives and a list of proposed activities for the program year will be published prior to a City Council public hearing. 7. A City Council public hearing will be held to obtain citizen comments on the Program Statement detailing the proposed use of CDBG funds. 8. After consideration of citizen comments received on the proposed Program Statement, the final program statement of community development objectives and planned activities as approved by the City Council will be published. BE 3 AMENDMENT TO FINAL PROGRAM STATEMENT: CITIZENS' PARTICIPATION: The following provision was added to the Iowa City's Citizen Participation Plan in accordance with Section 104(b)(5) of the 1983 amendments to the Community Development Act (Urban Rural Recovery Act PL -98-181). 9. Citizens shall be provided reasonable notice and opportunity to comment on any proposed substantial change in the use of CDBG funds. A substantial change includes: the addition or deletion of an activity, change in the amount expended for an activity by more than 25%, plus or minus, and change in the location of an activity described in the final statement. General Citizen Participation Practices 1. Any complaints or questions about the CDBG program received by CCN at public meetings or by telephone or mail will be answered in a timely and responsive manner by written response within a 15 -day period after they are received. (Details of formal "Complaint Procedures for Citizens" are attached.) 2. All information concerning the CDBG program will be available to the public in the offices of the Department of Planning and Program Development during regular office hours (8:00 a.m. to 5:00 p.m. Monday through Friday). All official documents may be reviewed at the Iowa City Public Library or the City Clerk's office at the Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. 3. CDBG projects will be monitored for timely and efficient completion and Grantee Performance Reports reviewed by CCN. 4. Public hearings will be held on any amendments, budget revisions, performance reports or changes in the CDBG program or the Housing Assistance Plan. These meetings will allow all residents to review and comment on proposed changes. S. CCN will assist citizens to develop programs, where possible, to meet community needs by: a) Acting as .advocates for such programs, where these are eligible for CDBG funding. b) Referring concerns and problems raised by citizens to the City Council or the City Manager as appropriate. c) Suggesting other funding sources or self-help activities. 6. CCN will try to increase citizens' awareness of the opportunities to bring their concerns to CCN or directly to the City Council at Council meetings. ra CDBG PROGRAM COMPLAINT PROCEDURE FOR CITIZENS 1. Review Committee Purpose: A Review Committee is hereby established to review the complaint of any person aggrieved by the handling and implementation of the Community Development Block Grant Program. The Committee shall function in an advisory role and shall make recommendations to the City Manager. The City Manager shall receive and review the recommendation of said Committee and respond within ten days of receipt. b. Designation of Committee: The Committee on Community Needs (CCN) shall act as the Review Committee. The Chair of CCN shall preside at all meetings conducted by CCN while convened as the Review Committee. All meetings shall be open to the public. A quorum of the CCN must be present in order to hear a complaint. All persons wishing to appear before the Review Committee shall have an opportunity to be heard. C. Powers and Duties: The Committee shall have the power and duty to review the complaints of any persons aggrieved during the process of preparing, implementing or monitoring the Iowa City Community Development Block Grant Program. d. Standards: In exercising its powers and duties the Committee shall be guided by the standards set by the Department of Housing and Urban Development under Title I of the Housing and Community Development Act,1974, as amended, and by the Code of Ordinances of the City of Iowa City. 2. Procedure a. Filing: Any aggrieved person shall file a grievance with the City Manager, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. Grievances shall be filed in a timely manner, and must be received by the City Manager within one year of the alleged occurrence_ Any grievance shall be filed in writing and shall contain a concise statement of the grievance and an explanation of the action desired. b. Timely Review: The City Manager shall forward the grievance to the Review Committee within seven days of receipt. The Review Committee shall set a reasonable time for a hearing within 15 calendar days following the receipt of the grievance from the City Manager. The Committee shall notify the complainant in writing of the time and place of the hearing. At the hearing, the complainant may appear in person, by agent, or by attorney. The Committee shall forward its recommendation in writing to the City Manager within ten calendar days following the general hearing. rM 5 t (If a grievance is resolved prior to the date of the hearing, the aggrieved party shall request in writing that the grievance be withdraw.) Appeal: If the complainant is unsatisfied with the recommenda- tions made by the Review Committee to the City Manager, appeal may be made to the City Council. If the outcome of such an appeal is ti still unsatisfactory, complainant may appeal to the U.S. K Department of Housing and Urban Development. 2 s r RESOLUTION NO. 88-153 RESOLUTION APPROVING AMENDMENT TO JOINT POWERS AGREEMENT AND DECLARATION OF TRUST, IOWA PUBLIC AGENCY INVESTMENT TRUST. WHEREAS, pursuant to Resolution No. 88-10, passed and approved on January 12, 1988, this City Council did approve the City's participation in the Iowa Public Agency Investment Trust; and WHEREAS, the Board of Trustees of the Iowa Public Agency Investment Trust has approved an amendment which revises the definition of an Eligible Public Agency; and WHEREAS, the proposed amendment is being submitted to the participants for consideration and approval and must be approved by the affirmative vote of a majority of the Participants. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following proposed amendment to the Joint Powers Agreement and Declaration of Trust dated as of October 1, 1987, of the Iowa Public Agency Investment Trust be and the same as is hereby approved. "Eligible Public Agency" shall mean a City, City Utility, or County which is a member in good standing in the applicable Association; any public agency acting jointly with another public agency (including any separate legal or administrative entity created pursuant to joint agreement as provided by Iowa Code Chapter 28E) when such public agencies would be eligible for membership in an Association and participation is approved by the Trustees; judicial district departments of correctional services; or such other public agency or Tsubdivision be Trustees, by sesolution, maywa waive membershipbin the Association as The condition of participation in the Trust. It was moved by Ambrisco and seconded by Strait the Resolution be adopte , an upon rol call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this ATTEST: �%]� , 9{% ,� CITY- CLERK day of June , 1988. to Form I City of Iowa City MEMORANDUM Date: June 21, 1988 To: City Council From: Rosemary Vitosh, Director of Finance o)-) -' SAA Kevin O'Malley, Assistant Director of Finance � V „I Re: Amendment to Joint Powers Agreement - Iowa PublAgency Investment Trust In January, 1988, the City of Iowa City began its participation in the Iowa Public Agency Investment Trust (IPAIT), an investment pool established for municipalities and other governmental agencies. At that time, the City Council approved a resolution which adopted the IPAIT Joint Powers Agreement. The Board of Trustees of IPAIT has approved an amendment to the original Joint Powers Agreement. It is necessary for all participants to adopt the amendment. The purpose of the amendment would be to allow separate legal and administrative entities such as transit authorities, solid waste agencies, law enforcement districts, or other 28E entities to be eligible to participate and invest in the Trust. The amendment in no way changes the status of the City's participation in the program and has no effect on the procedures used for investing or withdrawing from IPAIT. If assets in IPAIT increase as a result of this action, all participants will benefit from the amendment since IPAIT operating costs will be spread over the increased assets, thereby resulting in a higher investment return to all participants. It is our recommendation that the City Council approve the amendment to the Joint Powers Agreement which appears on your June 28, 1988, agenda. Please contact either of us if you have any questions about this matter. RV/sp 9,rY I RESOLUTION NO.88-154 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH von BRIESEN AND PURTELL, S.C., BY STEVEN B. RYNECKI, FOR LABOR NEGOTIATION SERVICES. WHEREAS, the City of Iowa City and von Briesen and Purtell, S.C., by Steven B. Rynecki, have negotiated an agreement providing for labor relations services, and WHEREAS, the City Council deems it in the public interest to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is hereby authorized to enter into an agreement, attached hereto, with von Briesen and Purtell, S.C., by Steven B. Rynecki, for labor negotiation and related services for a one year period beginning July 1, 1988. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Dickson x Horowitz x Larson x McDonald x Strait Passed and approved this 28th day of June 1988. YOR A p s t Form / ATTEST: 7e CITY'CLERK Legal Department rm s N LABOR RELATIONS SERVICES AGREEMENT WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as the "City" is desirous of retaining labor negotiations and other labor consulting services, and WHEREAS, von Briesen & Purtell, S.C., by Steven B. Rynecki, 411 East Wisconsin Avenue, Suite 700, Milwaukee, Wisconsin 53202-4470, provides and offers such services. NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, IT IS AGREED that: 1. City retain von Briesen & Purtell, S.C., by Steven B. Rynecki to represent City in labor negotiations and certain other labor relations and personnel matters as requested by the City. 2. von Briesen & Purtell, S.C. perform such services which may include, among others: (a) Negotiation and drafting of labor agreements; (b) Analysis and recommendations on salaries, benefits and personnel policies for unorganized employees; (c) Representation in arbitration proceedings and court appearances; (d) Representation before the U.S. Department of Labor, Equal Employment Opportunity Commission and other federal and state administrative agencies regarding employment related matters; (e) Contract administration, grievance and arbitration proceedings, personnel administration, employee communications assistance, supervisory training, safety consultations and employee benefit review; (f) Consultation and advice in the handling of strikes, slowdowns and other work stoppages. 3. (a) Such services will be performed and billed for by von Briesen & Purtell, S.C. and paid for by City at the hourly rate established under the addendum attached hereto. Overhead expense such as clerical services and use of equipment and library (except computerized research facilities) are included in such hourly rates and are not separate charges. 9�j' (b) von Briesen & Purtell, S.C. will bill city for its services and expenses on a monthly basis, such invoice to contain a listing of the activities and services performed and the expenses incurred. 4. This agreement shall be in effect for a one year period beginning July_ ::, 1, 1988 and continue in effect and be binding on the parties, their successors and assigns. Any amendments to or modifications of this agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have signed this agreement this ffi� day of -__1� 1988. g g von BRIESEN & PURTELL, S. C. CITY OF IOWA CITY, IA. S il a. 4 y, By: Steven B. Ryhecki B cit an ge ,TO FORM LEGAL DEPARTMENT / ADDENDUM — FEE SCHEDULE Pursuant to paragraph 3(a) of the attached Labor Relations Services Agreement between the City of Iowa City, Iowa and von Briesen & Purtell, S.C., by Steven B. Rynecki, the rate for labor relations consulting services is established at $105.00 per hour up to a maximum of $14,750.00 per year. This fee arrangement shall only apply to services related to negotiating, through mediation of up to three (3) labor agreements per year [one (1) for the police department bargaining unit, one (1) for the AFSCME bargaining unit and one (1) for the fire department bargaining unit]. If less than three contracts are to be negotiated, then the fee for one contract shall be no more than $6,500.00 and the fee for two contracts shall be no more than $12,000.00. Fees for other services shall be charged at $115.00. Time spent in travel outside the hours of 8:00 a.m. and 6:00 p.m. shall not be charged. Accepted: CITY OF IOWA, CITY .^.A" naalageTJ L/ Dated:_ JUN 3 v 1988 von BRIESEN & PURTELL, S.C. + 6-4,'L By: Steven B. Ryne ki W vonBriesen &Purtell, S.0 RE CE IV ED JUN 171088 Altaney al Lav Suite 700 411 EUI Wisconsin Avenue Milwaukee, Wsconsln 532024470 Telephone 4142761122 Facsimile 414-2766261 June 15, 1988 Mr. Dale Helling City of Iowa City 410 East Washington Iowa City, IA 52240 Re: Fee Agreement 17.11 Dear Mr -= elt ng: Enclosed is the fee agreement which we discussed on the telephone. After it has been signed, please return the original to me, keeping a copy for your files. If you have any questions, please contact me. Very truly yours, von BRIESEN & PURTELL, S.C. s-�.-elll 911,- 'L; Steven B. Rynecki SBR:ge Encl- 98s 1 lb vonBriesen &Purtell, S.0 RE CE IV ED JUN 171088 Altaney al Lav Suite 700 411 EUI Wisconsin Avenue Milwaukee, Wsconsln 532024470 Telephone 4142761122 Facsimile 414-2766261 June 15, 1988 Mr. Dale Helling City of Iowa City 410 East Washington Iowa City, IA 52240 Re: Fee Agreement 17.11 Dear Mr -= elt ng: Enclosed is the fee agreement which we discussed on the telephone. After it has been signed, please return the original to me, keeping a copy for your files. If you have any questions, please contact me. Very truly yours, von BRIESEN & PURTELL, S.C. s-�.-elll 911,- 'L; Steven B. Rynecki SBR:ge Encl- 98s 1 i RESOLUTION NO.88-155 RESOLUTION APPROVING SETTLEMENT OF HERITAGE CABLEVISION, INC., LITIGATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A SETTLEMENT AGREEMENT. WHEREAS, the City and Heritage Cablevision, Inc., have been involved in litiga- tion concerning an agreement entered into between the City and Heritage on August 28, 1984, and, WHEREAS, the City and Heritage have entered into negotiations through their attorneys and representatives in an attempt to resolve these differences and settle the litigation, and, WHEREAS, the negotiations between the parties have resulted in a preliminary settlement agreement, a copy of which is attached, which settlement agreement has John bWnHayek,neasewell tse bytthe City si ad'ministrativeegstaffuasea fair rand reasonable settlement of the differences between the parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the attached settlement agreement between the City of Iowa City, Heritage Cablevision, Inc. and Cablevision Associates VII, L.P., being the same is hereby approved. 2. That the Mayor and City Clerk are authorized to sign the agreement on behalf of the City. It was moved by Larson and seconded by Strait the Resolution be adopted, ana upon ro 1 call there were: AYES: NAYS: ABSENT: X Ambrisco — Courtney X Dickson x Horowitz x Larson �— McDonald Strait Passed and approved this 28th day of .lune , 1988. ATTEST: CITY LURK a SETTLEMENT AGREEMENT This agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as "the City", Heritage Cablevision, Inc., an Iowa corporation, hereinafter sometimes referred to as "Heritage", and Cablevision Associates VIZ, L.P., an Iowa limited partnership, hereinafter sometimes referred to as "Cablevision Associates", with Heritage and Cablevision Associates collectively sometimes referred to as "the franchisees". WHEREAS, on August 28, 1984, the City and Heritage entered into a written agreement concerning the transfer of a cablevision franchise in Iowa City, Iowa, to Heritage, which Agreement contained various provisions concerning, among other things, (1) funding of a non-profit organization providing public access to the Heritage cable system, and (2) providing for an increase in the franchise fee to be paid to the City by Heritage or a subsidiary or limited partnership controlled by Heritage, as well as other provisions, and, WHEREAS, various disputes have arisen between the City, Heritage, and Cablevision Associates concerning the interpretation and implementation of this agreement, which disputes resulted in the filing by the City of a lawsuit in Johnson County, Iowa, District Court known as Law No. 50313 in which the City was plaintiff and Heritage and Cablevision Associates were defendants, and, WHEREAS, in the interests of providing continued yob 9 2 economical and comprehensive cable television services to the Iowa city community and also in assuring that funding will be available to provide for continued public access to the cablevision system during the term of the present franchise, and in order to reduce or eliminate and expenses and risks of protracted litigation, the parties have and do by this agreement wish to resolve their differences and settle the now pending litigation between them on the terms and conditions set out in this settlement agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Access/NPO Funding. The parties reaffirm their agreement contained in Section 1 of the August 28, 1984, agreement, hereinafter sometimes referred to as 'the Agreement", for the provision of public access to the cable system and, upon written request, Heritage and/or Cablevision Associates's funding of that system pursuant to the terms of Section 1 of the Agreement. Heritage and Cablevision Associates affirm their commitment to provide funding to a non-profit organization if established by the City upon receipt of appropriate notification from the City pursuant to the Agreement, commencing in the amount of $125,000.00 for the first year of non-profit organization (NPO) operation. Annual payments thereafter shall be made and adjusted as set out in Section 1 of the Agreement. 2. Prospective 5% Franchise Fee. Commencing August 1, 1988, and for.the remainder of the present franchise term, I 9 3 Heritage and/or Cablevision Associates shall pay to the City on a quarterly basis a five percent (5%) franchise fee. The five percent (5%) franchise fee shall be paid for the remainder of the present franchise term and shall be paid on the fee base as defined below and as defined in the Agreement and the city franchise ordinance. The "fee base" shall mean all annual gross revenues derived from the operation of the system within Iowa City, other than that derived from property owned or controlled by the State of Iowa, the Iowa State Board of Regents, or the University of Iowa, which revenues and the franchise fee thereon shall be treated separately in this settlement agreement. Payments of the five percent (5%) franchise fee shall be made as required in Section 14.73 of the City Code of Iowa City. 3. Retrospective Franchise Fee. Heritage and/or Cablevision Associates shall pay to the City an additional one percent (1$) franchise fee for the period commencing January 1, 1985, and ending August 1, 1988 (the retro period). The additional one percent (1%) franchise fee will be determined from the actual fee base experienced by Heritage and/or Cablevision Associates during the retro period. The retrospective fee base will not include revenue from the University of Iowa as set out in the preceding paragraph. The retrospective franchise fee will be paid by Heritage and/or Cablevision Associates to the City in a single lump sum payment on or before August 10, 1988. 4M i n 9 4 4. Security. Heritage agrees that the performance by it and Cablevision Associates of the obligations it has incurred pursuant to the preceding paragraphs of this agreement, including the obligation to make the lump sum payment of the retrospective franchise fee as set out in the preceding paragraph, shall be secured by the performance bond currently in place pursuant to Section 14-75(2) of the Iowa City code. As a condition precedent to the City's obligation to dismiss the lawsuit as set out below, Heritage agrees to obtain written confirmation from the company issuing the performance bond that the bond will stand as security for the obligations assumed under this agreement. This written confirmation will be provided by Heritage and/or Cablevision Associates to the City. 5. University Revenues. The City hereby releases Heritage and/or Cablevision Associates from the obligation for payment of any franchise fee on University revenues as defined herein accruing prior to the commencement dates set out below. "University revenues" means revenues derived from property owned or controlled by the State of Iowa, the Iowa State Hoard of Regents, or the University of Iowa. Subject to the provisions of this paragraph, commencing January 1, 1989, Heritage and/or Cablevision Associates shall either pay a five percent (5%) franchise fee, quarterly, on revenues it obtains from services to the University of Iowa Hospitals and Clinics or serve notice of its refusal to pay, as set forth IM I 9 F below. Further, subject to this paragraph, Heritage and/or Cablevision Associates shall either pay a five percent (5%) franchise fee on revenues derived from services to the University of Iowa dormitories and married student housing facilities, as well as any other university facilities, from and after August 1, 1989, or serve notice of its refusal to pay, as set forth below. Any five percent (5%) franchise fee payments made pursuant to this paragraph shall be made along with the other franchise fee payments set out in Sections 2 and 3, above, on a quarterly basis as required by Section 14- 73 of the Iowa City Code. By making this agreement, neither party waives any rights or makes any commitments with reference to franchise fees based on University revenues except as specifically set out herein. The parties specifically agree that Heritage and/or Cablevision Associates may, upon sixty (60) days advance written notice to the City, refuse to pay a franchise fee on all or part of the University revenues for whatever reason deemed appropriate by them. In the event Heritage and/or Cablevision Associates exercises its election to refuse to pay franchise fees based on University revenues, following the sixty (60) day notice required above, then and in that event, any party to this agreement shall be free to petition a court of appropriate jurisdiction to determine the rights and responsibilities of the parties with respect to franchise fees based on University revenues accruing after the i i 6 commencement dates set forth in this paragraph; provided, however, that any such determination shall be made without reference to the terms and conditions of this settlement agreement. 6. Acknowledgement of Prior Dispute. The parties acknowledge that the litigation being settled arose out of genuine but differing views regarding a contract signed by the parties and the legal effects and ramifications of the Cable Communications Policy Act of 1984, which was enacted 1 shortly after the August 28, 1984, Agreement was signed. The i City agrees that the litigation being settled and the franchise fee dispute out of which it arose shall not be considered by the City in determining whether Heritage and/or Cablevision Associates has substantially complied with the material terms of the existing franchise and with applicable law for purposes of 47 U.S.C. Section 546(c). 7. Transfer Agreement Franchise Fee Provisions. The franchise fee conditions described in this agreement shall be in lieu of the terms and conditions contained in Section 2 of the August 28, 1984, Agreement. By entering into this agreement, the City shall not be considered as consenting to a greater fee to cable customers than that permitted by applicable law. B. Dismissal of Lawsuit. Promptly upon execution of this agreement, the City will dismiss its pending lawsuit, with prejudice except as set out herein. The City and 911 9 7 Heritage will each pay fifty percent (50%) of court costs accrued but not including deposition expenses. Each party will be responsible for their own legal fees. The dismissal of this lawsuit shall be without prejudice to the City's right to file suit in the future naming Heritage and/or Cablevision Associates or any other appropriate person or entity as a party in order to attempt to obtain a franchise fee on University revenues. The parties understand and agree that by executing this agreement the City is not waiving its right to claim a five percent (5%) franchise fee on University revenues prospectively from the commencement dates set out in Paragraph 5 above. 9. Non Waiver of Claims. Except as specifically set out herein, neither party waives any claims or rights it has against the other and, except as specifically modified herein, the existing franchise, franchise ordinances, transfer agreement, and related agreements, ordinances, and regulations remain unaffected by this agreement. 10. Joint Obligations. The term "Heritage and/or Cablevision Associates" has been used extensively in this agreement. Both Heritage and Cablevision Associates shall be jointly and severally liable for the performance of all obligations imposed on either or both of them under the terms of this agreement. 11. enforcement. The parties agree that in the event of breach of this agreement by either Heritage or Cablevision 6 8 Associates, the City may bring suit seeking damages and other appropriate relief for the breach of this agreement and may collect in such lawsuit the costs and expenses of litigation, including reasonable attorney's fees. The parties also agree and understand that the company issuing the performance bond as described above may also be joined as a defendant in any such litigation or the City may proceed directly against the bonding company without joining Heritage or Cablevision Associates. Accordingly, the parties have executed this agreement. CITY OF IOWA CITY, IOWA By: Yr yor olo"� ROVED RM , LEGAL DEPARTMENT BY��G�J tet' City Clerk HERITAGE CABLEVISION. INC. CABLEVISION ASSOCIATES VII, L.P. CABb VISION V , INC. By: �r/ vim, Vice President Gen ral Partner ")—D I RESOLUTION NO. 88-156 RESOLUTION AMENDING BUDGETED POSITIONS AT THE LIBRARY. WHEREAS, Resolution No. 88-39 adopted by the City Council on March 8, 1988, establishing an operating budget for FY89, authorizes all permanent positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that effective June 28, 1988, the authorization of personnel at the Library be amended by: f A. The deletion of one full-time Senior Librarian, one part-time (ten hours) Librarian I position, and one full-time Library Assistant III position; and B. The addition of one part-time (30 hours) Librarian II position, one part-time (20 hours) Librarian I position, and one full-time Librarian I position. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Dickson x Horowitz x Larson x McDonald x Strait Passed and approved this 28th day of June , 1988. ATTEST: CITY CLERK 9 I �o MEMORANDUM Iowa City Public Library Date: June 14, 1988 To: Library Board and City Council From: Lolly Eggers, Library Director Re: Changes in Authorized Positions at the -Library The recent death of Children's Librarian Hazel Westgate and the resignation of Youth Services Coordinator Judy Kelley requires some reorganization of professional librarians positions at the Library. The new Youth Services Coordinator will be a full-time member of the Children's Department and the former Senior Librarian position will be combined with ten hours of Librarian II new in the FY89 budget to make two part-time librarian positions. At the same time, one Library Assistant III is being upgraded to Librarian I. The net cost of these changes will be about $5,200 less than was budgeted for the deleted positions in the FY89 budget. bdw2-3 9