HomeMy WebLinkAbout1986-01-14 ResolutionVK<ti<aaa[aaa vda.aa..v'.a<4\v a�aaaat..nwnfiii� .! n..a..-.-iiNa.�..w �.w.......1r.Y.a-nvrwr�a^�
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f RESOLUTION NO. 86-1
RESOLUTION ACCEPTING THE WORK FOR
CLINTON STREET IMPROVEMENTS PROTECT - WASHINGTON TO I01VA
WHEREAS, the Engineering Division has recommended that the improvements
covering the Clinton Street improvements Proiect - 14ashinoton to Towa
as incTudeUin a contract between the City of Iowa City and
Metro Pavers Inc. of Iowa City Iowa,
date June 4. 1985 be accepted,an
WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be hereby accepted by the City of Iowa City, Iowa.
It was moved by Strait and seconded by
D'ckson
that the resolution as rea a opte , and upon roll cal there were:
AYES:_
NAYS: ABSENT:
X
Ambrisco
X'
Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
X
Zuber
Passed and approved this 14th day of January , 19 86 .
'�ItA';A"CITY
CI �N_�
C ERK
MAYOR
r
9' Received & Approved
v 6y T Legal Depa mant
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—4 IleC
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
I
ENGINEER'S REPORT
January 7, 1986
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed below
have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City.
The required maintenance bond is on file in the City Clerk's office.
CLINION STREET IMPROVOEXIS PROJECT - WASHINGTON TO
IOWA as constructed by Metro Pavers;.Inc. of Iowa City,
Iowa.
I hereby recommend that the above-mentioned improvements be accepted by
the City of Iowa City.
Rep ctfullyrA6nutted,
Frank K. Farmer, P.E.
City Engineer
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RESOLUTION NO. 86-2
RESOLUTION ACCEPTING D014ATION
FROM RICHARD H. & FLORENCE E. DAVIS OF A 3.07 ACRE PARCEL
LYING ADJACENT TO THE CURRENT CORPORATE LIMITS OF IOWA CITY, IOWA
WHEREAS, Richard H. & Florence E. Davis own a 3.07 acre parcel of land, lying
south and west, but contiguous to, the current corporate boundaries of Iowa
City, Iowa; and
WHEREAS, the parcel is subject to an easement upon which a portion of the
realigned Mormon Trek Boulevard is located; and
WHEREAS, the owners have offered to donate the land to.the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA:
1. That the donation of land by quit claim deed from Richard H. & Florence E.
Davis to the City of Iowa City, Iowa, be accepted, such land being
described as follows:
Commencing at the center of Section 20, Township 79, Range 6 West of the
Begin-
ning5th Principal ' thence Meridian, N41°07'0"heW,'282 42 feet, 524.1feet
N 35057' Point of
W, 726 8 fet,
thence S 89050'30" E, 212.9 feet, thence S 26033130" E, 277.0 feet, thence
S 41039' E, 177.0 feet, thence S 55052'30" E, 193.6 feet, thence S 0025' W,
311.8 feet to the Point of Beginning. Said tract containing 3.07 acres.
2. The City Clerk is hereby authorized and directed to accept and record the
Quit Claim Deed in the Office of the Johnson County Recorder.
It was moved by McDonald and seconded by Zuber the
Resolution be adopted, and upon roTT-c-a7T there were:
AYES: NAYS: ABSENT:
X Ambrisco
—X— Baker
x Courtney
x Dickson
x McDonald
x Strait
x Zuber
Passed and approved this 14th day of January 1986.
ATTEST: _.J >�w✓
CITY CTERK
Realved G Approved
By The legal Oepagment
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79
City of Iowa_ City
MEMORANDUM
Date: January 8, 1986
To: City Council
From: Barry Beagle, Associate Planner
Re: Resolution of Acceptance of 3.07 Acre Parcel
Set for the January 14, 1986, Council agenda, is a Resolution of Acceptance
(and Quit Claim Deed) for a 3.07 acre parcel of land being donated to the
City by Richard and Florence Davis. This parcel, which is presently in the
County, will complete the City's ownership of newly realigned Mormon Trek
Boulevard. The limits of the parcel are defined by the right-of-way dimen-
sions of Mormon Trek Boulevard and the parcel is presently covered by a
right-of-way easement. Commencement of annexation of this parcel shall
follow its acceptance. Please refer to the attached location maps for iden-
tification of the parcel.
bdw4/10
Enclosure
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IOWA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY PLAT
EXHIBIT "A -1 -
COUNTY JOHNSON
PROJECT N0. F-518•4TG)--
0-5 STATE CONTROL NO.—LB_ QQ--
SECTION 20
10
PARCEL NO.—to
TOWNSHIP 79N
11.94
-----RANGE –_6_W 3x—
EASE— 302'1
ACOU@EO FROM I7IC HA
ACQUIRED
AC, E%CESS•FEE AC
RD H FfAVI� FT XIX
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No RIGNT.9 OF DIRECT' ACCE59 TO PRIM. RD. No. 61B '
gecEs5 CONTROL To PRIM. Ra. No:1 N
STq, 73+00_ To ,5rA.
79+00t CNoRTNwESTJIoE)
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SE CW OF THE
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RESOLUTION NO. 86-3
RESOLUTION AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED OF THE CITY'S
INTEREST IN A UTILITY EASEMENT LOCATED ON LOT 14, OAKES MEADOW
ADDITION.
WHEREAS, the City Council did, by Resolution No. 85-363 , adopted on December 17,
1985, evidence its intent and proposal to dispose dT^its interest in a Utility
Easement on the following -described property of located in Iowa City, Johnson
County, Iowa, to -wit:
E Commencing at the Northwest property corner of Lot 14, Oakes Meadow
Addition to the City of Iowa City, Iowa, thence S 0 degrees, 00
j minutes, 57 seconds East - 10 feet; thence Southeasterly on the line to
a point where it intersects with the east property line of said Lot 14;
thence North 20 feet to the Northeast corner of Lot 14; thence South 89
degrees, 59 minutes, 03 second West 106.87 feet to the point of
beginning.
and did authorize publication of notice of its proposal with regard thereto, and
did set the date and time for public hearing thereon; and
WHEREAS followingpublic hearing on said proposal, and being full advised as to
P 9 P P 9 Y
the merits of said proposal, and in consideration of the receipt and acceptance
' of a new Utility Easement, and payment of its costs related to this transaction,
the City Council deems said proposed conveyance of its interest in said easement
(: to be in the best interest of the City of Iowa City, Iowa.
E NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the Mayor and the City Clerk be and are hereby authorized, empowered and
directed to execute and deliver a City Deed quit claiming the City's interest in
s' said utility easement to Oakes Construction Company, Charles F. Contant'Agnes
Contant, and Cheryl Contant, the owners of the underlying fee, for and in
consideration of the receipt from those owners of a new Utility Easement, in the
form of easement attached to Resolution No. 85- 363 as Exhibit "A".
h
AND BE IT FURTHER RESOLVED
rf
That the Mayor and City Clerk be and hereby are authorized, empowered ,and
directed to execute and accept the new Utility Easement on behalf of the City.
AND BE IT FURTHER RESOLVED
That the City Deed attached hereto and made a part hereof is hereby approved as
i to form and content.
5' AND BE IT FURTHER RESOLVED
E' That the City Attorney be and hereby is authorized, empowered and directed to
deliver the said City Deed upon receipt of the new easement described above, and
j' of payment for the costs incurred by the City .in publishing notice of the
F' proposals and preparing appropriate documentation, and the fees for recording
said easements in the Johnson County Recorder's office.
PAGE 2
It was moved by ..Strait...... and seconded by Dickson.... the Resolution be
adopted, and upon —roll —call —tWere were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X
COURTNEY
X DICKSON
x ...
MCDONALD
x STRAIT
x ZUBER
Passed and approved this 14th day of January 1986.
XMA OR
Received D A
PPMved
By 7fi- Lcoll D it
e a ment
12-
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CITY DEED
KNOW ALL NEN BY THESE PRESENTS:
That the City of Iowa City, Iowa, a municipal corporation, of the County
of Johnson and the State of Iowa, by its Mayor and City Clerk, in consid-
eration of the execution and delivery to the City of a Utility Easement on
property located on Lot 14, Oakes Meadow Addition, to Iowa City, does
hereby release, remise, convey and quit claim unto the Oakes Construction
Company, Agnes A. Content, Charles F. Content, and Cheryl Content, of all
of its rights, title and interest in and to the following -described
premises located in the County of Johnson and State of Iowa:
Commencing at the Northwest property corner of Lot 14, Oakes
Meadow Addition to the City of Iowa City, Iowa, thence S 0
degrees, 00 minutes, 57 seconds East - 10 feet; thence South-
easterly on the line to aPLoint where it Intersects with the
east eastecorner of Lotline of s 14; thence South ot 14; c89 de59
rgreeso feet
minutes,
North
03 second West 106.87 feet to the point of beginning.
This deed is executed and delivered under and by virtue of the authority
vested in the Mayor and City Clerk of the City of Iowa City, Iowa, under
the provisions of Resolution No. 86--s duly passed and approved on the
14th day of January, 1986.
IN WITNESS WHEREOF the City of Iowa City, Iowa, has caused this instrument
to be executed on its behalf by its Mayor, attested by the City Clerk, and
its seal to be affixed hereto this _ day of January, 1986.
CITY OF IOWA CITY, IOWA:
By:
yor
ATTEST:
y er
NO TRANSFER TAX DUE - CODE SECTION 428A.2(6)
*cel -d 6 rgr,evae
Dy 71.7 Lia{ +-orlmant
PAGE 2
STATE OF IOWA )
1 SS:
JOHNSON COUNTY )
On this day of 1986, before me, the under-
signed, any Public in and for the State of Iowa, personally appeared
and Narcan K. Karr, to me personally known, who,
being y me duly sworn, did say that they are the Nayor and City Clerk
respectively, of said municipal corporation executing the within and
foregoing instrument to which this is attached, that the seal affixed
thereto is the seal of said municipal corporation; that said instrument
vas dnnM and coalM nn hshelf of CAM munirinal rnrnnralinn by a,dhnrity
i
T'
SANITARY SEWER EASEMENT
THIS AGREEMENT made and entered into by and between OAKES CONSTRUCTION
COMPANY, AGNES A. CONTANT and CHARLES F. CONTANT, husband and wife, and CHERYL
CONTANT, all of Iowa City, Iowa, First Party, which expression shall include
heirs, personal representatives, successors in interest and assigns and the
CITY OF IOWA CITY, IOWA, Second Party, which expression shall include 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 grants and conveys to Second Party an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such sanitary sewer lines, pipes, mains, and conduits as
Second Party shall from time to time elect for conveying sewerage with all
necessary appliances and fittings for use in connection with said pipe lines,
together with adequate protection therefore, and also a right -o-way, with the
right of ingress and egress thereto, including all the area described on
Exhibit "A" attached to this easement and by this reference made a part hereof.
First Party further grants to Second Party:
1. The right of grading said strip for the full width thereof and to
extend the cuts and fills for such grading into and on said lands along and
outside of the said line to such extent 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 strip 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 ingress and egress, construction,
and maintenance or by any wrongful or negligent act or omission of Second
Party, or of its agents or employees in the course of their employment.
M.
'0
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SANITARY SEWER EASEMENT
THIS AGREEMENT made and entered into by and between OAKES CONSTRUCTION
COMPANY, AGNES A. CONTANT and CHARLES F. CONTANT, husband and wife, and CHERYL
CONTANT, all of Iowa City, Iowa, First Party, which expression shall include
heirs, personal representatives, successors in interest and assigns and the
CITY OF IOWA CITY, IOWA, Second Party, which expression shall include 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 grants and conveys to Second Party an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such sanitary sewer lines, pipes, mains, and conduits as
Second Party shall from time to time elect for conveying sewerage with all
necessary appliances and fittings for use in connection with said pipe lines,
together with adequate protection therefore, and also a right -o-way, with the
right of ingress and egress thereto, including all the area described on
Exhibit "A" attached to this easement and by this reference made a part hereof.
First Party further grants to Second Party:
1. The right of grading said strip for the full width thereof and to
extend the cuts and fills for such grading into and on said lands along and
outside of the said line to such extent 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 strip 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 ingress and egress, construction,
and maintenance or by any wrongful or negligent act or omission of Second
Party, or of its agents or employees in the course of their employment.
M.
'0
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PAGE 2
First Party reserves the right to use said strip for purposes which will
not interfere with Second Party's full enjoyment of the rights hereby granted;
provided that First Party shall not erect or construct any building or other
structure, or drill or operate any well, or construct any reservoir or other
obstruction on said area, or diminish or substantially add to the ground cover
over said strip.
First Party does hereby covenant with Second Party that they are lawfully
seized and possessed of the real estate above-described; and that they have a
good and lawful right to convey it, or any part thereof.
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.
DATED as of the 14th day of January , 1986.
0 S�CON SF N -OMPANY
Charles F. Contantcan T OaReV, President
By:
AggeS A. contant Evelyn a es,etre ary
d.
CITY OF IOWA CITY, IOWA
Cheryl ContantWilliam . Ai risco
ATTEST: 4k,,,;4,,_ n4/ y"
Marian.Marian.K. Karr, City Clerk
STATE OF IOWA
) SS:
JOHNSON COUNTY n ) /
On this 0� day of 1 )�%n'� 1986, before me, the undersigned, a
Notary P_u5T c n and or e a e of Iowa, personally appeared Dean G. Oakes
and Eveyln M. Oakes, to me personally known, who, being by me duly sworn, did
say that they are the President and Secretary, respectively, of said corpora-
tion executing the within and foregoing instrument, that no seal has been
procured by said corporation; that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that the said Dean G.
Oakes and Evelyn M. Oakes as such officers acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed. )
/e'lt6U t
oat c non a ae
Receivrd & APpmveo
D1._i�( De i ont
PAGE 2
First Party reserves the right to use said strip for purposes which will
not interfere with Second Party's full enjoyment of the rights hereby granted;
provided that First Party shall not erect or construct any building or other
structure, or drill or operate any well, or construct any reservoir or other
obstruction on said area, or diminish or substantially add to the ground cover
over said strip.
First Party does hereby covenant with Second Party that they are lawfully
seized and possessed of the real estate above-described; and that they have a
good and lawful right to convey it, or any part thereof.
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.
DATED as of the 14th day of January , 1986.
0 S�CON SF N -OMPANY
Charles F. Contantcan T OaReV, President
By:
AggeS A. contant Evelyn a es,etre ary
d.
CITY OF IOWA CITY, IOWA
Cheryl ContantWilliam . Ai risco
ATTEST: 4k,,,;4,,_ n4/ y"
Marian.Marian.K. Karr, City Clerk
STATE OF IOWA
) SS:
JOHNSON COUNTY n ) /
On this 0� day of 1 )�%n'� 1986, before me, the undersigned, a
Notary P_u5T c n and or e a e of Iowa, personally appeared Dean G. Oakes
and Eveyln M. Oakes, to me personally known, who, being by me duly sworn, did
say that they are the President and Secretary, respectively, of said corpora-
tion executing the within and foregoing instrument, that no seal has been
procured by said corporation; that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that the said Dean G.
Oakes and Evelyn M. Oakes as such officers acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed. )
/e'lt6U t
oat c non a ae
Receivrd & APpmveo
D1._i�( De i ont
I
PAGE 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /Gday of 1986, before me, the undersigned, a
Notary Pu6ITcin and tor said State, personally appeared Charles F. Contant and
Agnes A. Contant, husband and wife, and Cheryl Contant, a single person, to me
personally known, being by me duly sworn, and each did acknowledge the
execution of said instrument to be their voluntary act and deed.
Notary Publi in and for said State
Notary Public In the State of Icer
Ny Commission Expires Sept. 23,1988
STATE OF IOWA ) ,
SS: -
JOHNSON COUNTY )
On this 14th day of January 1986, before me; the -
under s i gn—ea otary Public in and for RTITM of Iowa, personally appeared"
William J. Ambrisco and Marian K. Karr, to me personally known, who,
being y me duly sworn, did say that they are the Mayor and City Clerk
respectively, of said municipal corporation executing the within and foregoing
instrument to which this is attached, that the seal affixed thereto is the seal
of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of its City Council; and that
the said William J. Ambrisco and Marian K. Karr as such officers
acknowledged the execution o sai ns rument to be the voluntary act and deed
of said municipal corporation, by it and by them voluntarily executed.
Notary PuVic Wand for said State
■
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"EXHIBIT A"
EASEMENT LEGAL DESCRIPTION - LOT 14
DOVER CONDOMINIUMS - PART III
November 26, 1985
Commencing at the NW property corner of Lot 14, Oakes Meadow Addi-
tion to the City of Iowa City, Johnson County, Iowa and proceeding;
Thence S 00 00' 5711 E - 9.50 feet;
Thence N 890 59' 03" E - 80.00 feet;
Thence S 00 00' 57" E - 4.50 feet;
Thence N 890 59' 03" E - 27.41 feet;
Thence N 00 13' 17" E - 5.83 feet;
Thence N 30 581 54" W - 8.19 feet to a property corner of said
Lot 14;
Thence S 890 03" W - 106.87 feet to the Point of Commencement.
City of Iowa City
MEMORANDUM
Date: January 9, 1986
To: City Council of Iowa City
From: Barry Beagle, Associate Planner
Re: County Rezoning CZ -8523, Dean Oakes
As a follow-up motion to the Planning and Zoning Commission's recommendation
on CZ -8523, the Commission expressed concern with regard to how rezonings
impact the entrances to Iowa City. By a vote of 7-0, the Commission wished
for Johnson County and Iowa City to 'note the applicability of the policies
under discussion by the Urban Environment Ad Hoc Committee as they impact the
entrances to the City as governed by the Fringe Area Policy Agreement between
Johnson County and the City of Iowa City.' Specifically, the Commission
recommends that the policies of the Urban Environment Ad Hoc Committee re-
garding entranceways to the City be incorporated within the Fringe Area
Policy Agreement. Please note that this recommendation has been included in
the attached letter from the Mayor to the County Board of Supervisors.
bj4/6
City of Iowa City
MEMORANDUM
`Date: December 11, 1965
To: Planning and Zoning Commission
From: Barry Beagle, Associate planner
Re: CZ -8523. Dean Oakes
An application has been filed with Johnson County by Dean Oakes requesting
rezoning of 1.74 acres in Area 8 of the Fringe Area Policy Agreement from
R1 -A, Urban Residential to CP -1, Planned Commercial. The site is located
east of a county road, immediately south of U.S. Highway 1 and west of
U.S. Highway 218, 0.5 miles south of Iowa City. (See Location Map.) The
Fringe Area Policy Agreement for Area 8 states that "development... -will
consist primarily of commercial and light industrial uses subject to
certain standards. Any development which may occur will be consistent
with the Airport Overlay Zone." Annexation of areas west of U.S. Highway
218 is not anticipated within the three-year review period of the Agree-
ment and beyond.
The rezoning requested by the applicant is also consistent with the Area 8
policy .and similar commercial zoning which exists surrounding the site.
As a Planned Commercial zone, site plan approval will need to be granted
by the county prior to issuing a building permit. The site plan is not
subject to City review. This site is located within -the Transitional
Airport Overlay Zone (see Attached Map) and will be subject to a maximum.
height limitation which should not affect any use proposed for the prop-
erty.
Staff recommends that the rezoning reque found consist t with the
Area 8 policy. l
Approved by:
oma cim ser, rector
Department of Planning and
Program Development
tp3/6
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CITY OF IOWA
CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-50170
January 15, 1986
Johnson County Board of Supervisors
400 South Clinton Street
Iowa City, Iowa 52240
Dear Members of the Board:
The City recently reviewed a request by Dean Oakes for rezoning of a
1.74 acre parcel located immediately south of U.S. Highway 1, east of a
local road and immediately west of the U.S. Highway 218 interchange,
from RI -A to CP -1 (County Application Z-8523). At its December 19,
1985, meeting, the Planning and Zoning Commission recommended by a vote
of 7-0 the approval of this application, finding it to be consistent
with the Area 8 policies of the Fringe Area Policy Agreement. The City
Council acted in accordance with the recommendation of the Planning and
Zoning Commission at our January 14, 1986, meeting.
A concern was expressed by the Planning and Zoning Commission that
rezoning requests should be examined for their impact on the entrances
to Iowa City. More specifically, the Planning and Zoning Commission
recommended that the policies of the Urban Environment Ad Hoc Committee
be incorporated into the Fringe Area Policy Agreement between Johnson
County and the City of Iowa City upon its scheduled reevaluation this
year.
I thank you for your consideration of this recommendation, and look
forward to our continued cooperation.
Sincerely,
William Ambrisco
Mayor
bj3/10
3
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RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED TO THE UNIVERSITY
OF IOWA OF THE CITY'S INTEREST IN THE VACATED MELROSE AVENUE
RIGHT-OF-WAY BETWEEN BYINGTON ROAD AND RIVERSIDE DRIVE.
WHEREAS, the City Council did, by Resolution No. 85- , adopted on December 17,
1985, evidence its intent and proposal to dispose of7Fs interest in the portion
of the Melrose Avenue right-of-way, vacated by Ordinance No.84-3194 located in
Iowa City, Johnson County, Iowa, and described as follows:
The entire right-of-way of Melrose Avenue from the east right-of-way
line of Byington Road, said line being 1858.60 feet east of the
northwest corner of the northeast quarter of Section 16, Township 79
North, Range 6 West, of the 5th Principal Meridian, thence easterly to
the west right-of-way line of
6. Riverside Drive, also known as Highway
i
and did authorize publication of notice of its proposal with regard thereto, and
did set the date and time for public hearing thereon; and
WHEREAS, following public hearing on said proposal, and being fully advised as to
the merits of said proposal, and in consideration of the receipt and acceptance
of the University's agreements regarding storm drainage and maintenance of the
retaining wall along Riverside Drive, all as set forth in the Agreement attached
to Resolution 85- the City Council deems said proposed conveyance of its
interest in said real a tate to be in the best interests of the City of Iowa
City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the .Mayor and the City Clerk be and are hereby authorized, empowered and
directed to execute and deliver a City Deed quit claiming the City's interest in
said real estate to the State University of Iowa, and to execute the Agreement
referred to above.
AND BE IT FURTHER RESOLVED
That the City Deed attached hereto and made a part hereof is hereby approved as
to form and content.
AND BE IT FURTHER RESOLVED
That the City Attorney be and hereby is authorized, empowered and directed to
deliver the said City Deed upon receipt of the Agreement and of payment for the
costs incurred by the City in publishing notice of the proposals.
ri
ti
���::::.v.vv.v-.a+v.. a:va;v�wv�.vv.:a....:�..+....:::::.....v...•..:.-..._�.....a.......v .v+-w......-...v..nv..w.w.-.
PAGE 2
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
AMBRISCO
_ BAKER
COURTNEY
DICKSON
_ MCDONALO
_ STRAIT
_ ZUBER
T Passed and approved this _ day of , 1986.
MAYOR
Ft. . .
0
CITY DEED
KNOW ALL NEN BY THESE PRESENTS:
That the City of Iowa City, low, a municipal corporation, of the County of
Johnson and the State of Tawe, by its Mayor and City Clerk, in consideration
of the execution and delivery to the City of an Agreement relating to storm
drainage and the retaining wall an Riverside Drive dal hereby release,
raise, convey and quit claim onto the State University of Iowa all of its
rights, title and interest in and to the following -described promises located
in the Cointl of Johnson and State of 1010111-
The
owa:The entire right-ofwaY of Helroa Avenue from the east
right-of-way line of Byington Roads said line being 1858.60 feet
east of the northwest corner of the northeast Quarter of Section
16, Tranship 79 North. Range 6 West, of the Sth principal Meridian,
thence
utterly
tot the right-OfwaY line of Riverside Drive,
also
This dead is executed and delivered under and by virtue of the authority
vested in the Mayor and City Clerk of the City of Iow City, Now,. under the
provisions of Resolution No. 86----1 duly passed and approved on the 17th
day of January, 1986.
NO TRANSFER TAX DUE - CODE SECTION 428A.2(6)
IN WITNESS WHEREOF the City of Tow City, Iowa. has caused this instrument to
be executed on its behalf by its Mayor, attested by the City Clerk. and its
sed to be affixed hereto this _day of January, 1986.
CITY OF IOWA CITY, IOWA:
ATTEST: By. yor
r R
STATE OF IOWA SS:
JOHNSON COUNTY )
_day of 1986, re me, the
r
On this n on or a e e Iowa, befopersonally
- and Marian K. Karr, to me personally
1M.c1—pomata carpor.tloft xscut/nM t iowithiCity
hereto
:or ration" �etAstnsaidD In amt wfileaastsianed
nlclpal corporatlaCit
a QY WrtanrK i rlarras such
voluntar
corporation, Dy Itwa end by thah voluntarily
and
deed of
o ary c n a or said state
0
I
,4
-
The University of Iowa
I
Iowa City, Iowa 52242
I
Business office
November 21, 1985
ee
j
T
Richard J. Boyle
Assistant City Attorney
City of Iowa City
-
410 E. Washington St.
Iowa City, IA 52240
Re: Melrose Avenue
Dear Rich:
Enclosed are two (2) copies of the proposed Agreement
will note I have signed in
which you
behalf of the University.
pleased to receive a fully executed
We will be
'
copy of the Agreement after
signing by the Mayor.
e
I trust by assuming the responsibility for the upkeep
steps between Melrose
of the
Avenue and Riverside Drive does
the University to maintaining the
not commit
steps in perpetuity.
if the need for the steps should
That is,
cease at some future
could elect to remove them.
time, we
-
Thank you very much for your help with this.
Very truly yours, \
1
Michael J. Finne n
Business Manager
,
Enclosures
i
REc �iVED
NOV 2 51985
LEGAL DEPARTMENT
•-
---- _
g s
I
J
�
J�
RESOLUTION NO. 86-4
RESOLUTION CONFIRMING THE APPOINTMENT OF MARIAN KARR AS CITY CLERK
FOR AN INDEFINITE TERM.
WHEREAS, Marian Karr was appointed as City Clerk of Iowa City pursuant to
Resolution No. 83-88, passed and approved on April 12, 1983, and pursuant to
an "Employment Agreement" approved thereby; and
WHEREAS, Section 2-75 of the Code of Ordinances, City of Iowa City, Iowa,
Resolution No. 83-88, and the afore -mentioned Employment Agreement provide
for the appointment of the City Clerk for an indefinite term, subject to
termination or removal by the City Council at any time; and
WHEREAS, following its past practice, the City Council reappointed Marian
Karr as City Clerk for a two year term by motion adopted on January 3, 1984;
and
WHEREAS, it is appropriate that this City Council correct the record with
regard to the appointment of the City Clerk and confirm the appointment of
Marian Karr as City Clerk for an indefinite term pursuant to the aforemen-
tioned Resolution No. 83-88 and Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the appointment of Marian Karr as City Clerk for an indefinite term be and
the same is hereby confirmed, subject to the provisions of Resolution No.
83-88 and the Employment Agreement approved thereby.
It was moved by -.Dickson . and seconded by Strait
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X- Ambrisco
X Baker
R Courtney
X Dickson
X McDonald
R Strait
X Zuber
Passed and approved this 14th day of January 1986.
MAYOR
ATTEST: P�_�
CLERK
/os
-........... ............
:..,,..
r
RESOLUTION NO. 86-5
RESOLUTION AMENDING THE CONFIDENTIAL CLASSIFICATION PLAN
AND NUMBER OF POSITIONS IN THE POLICE DEPARTMENT
WHEREAS, Resolution No. 85-126 adopted by the City Council on May 7, 1985,
established a classification/compensation plan for Confidential employees;
and
WHEREAS, Resolution No. 85-60 adopted by the City Council on March 12, 1985,
establishing an operating budget for FY86 authorizes all permanent positions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The Confidential pay plan be amended by:
a. The deletion of one Administrative Secretary - Police position, grade
44.
b. The addition of one Administrative Secretary/ Records Supervisor
position, grade 49.
2. The authorization of personnel in the Police Department be amended by:
a. The deletion of one part-time Clerk/Typist - Police Records posi-
tion.
b. The addition of one full-time Clerk/Typist - Police Records posi-
tion.
c. The deletion of one full-time Administrative Secretary - Police
position.
d. The addition of one full-time Administrative Secretary/ Records Super-
visor position.
It was moved by Strait and seconded by Baker the
Resolution be adopted, an upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 14th day of January 1986.
MAT0
ATTEST: _7z
PiooehrM F Appmved
By Th.- Leal Deparinrnl
. I 29
/06
i
W."
1. . City of Iowa City
7- MEMORANDUM
Date: January 6, 1986
To: City Council
From: Anne Carroll
Re: Position Changes - Police Records Division
A Resolution has been included on your January 14 meeting agenda which
adds an additional half time Clerk -Typist position in Police Records and
reclassifies the position of Administrative Secretary/Police to Adminis-
trative Secretary/Records Supervisor.
Other personnel changes affecting Police Records and the reasons for the
above changes are as follows:
1. The recent disability retirement of a Police Sergeant assigned to
Patrol Operations on the 3-11 shift created a vacancy in Patrol Opera-
tions. The total number of Sergeant positions was then reduced by one
position by the City Council at their meeting of December 20, due to
current budget considerations.
2. The Police Sergeant previously assigned as Records Supervisor will be
transferred to fill the Patrol Operations vacancy effective January 41
1986, creating a supervisory vacancy in the Records Division. . This
vacancy results in a cost savings of approximately $20,200 for the
remainder of this fiscal year.
3. The position of Administrative Secretary, now serving as secretary to
the Police Chief, will be assigned (on a one-third time basis) to also
serve as Records Supervisor. This change will result in costs of
approximately $1,300 for'the remainder of this fiscal year.
4. A one-half time Clerk/Typist position has been recommended for addi-
tion to the Records Division to help maintain staffing levels. Staff-
ing will decrease from 3.5 FTE positions to 3.3 FTE positions after
these changes. A two week records processing backlog has existed for
some time and the additional clerical position may help remedy this
backlog.) Cost of the additional half-time position will be approxi-
mately $9,000 for the remainder of this fiscal year.
Total' cost savings resulting from these changes will be approximately
$9,900 for the remainder of this fiscal year.
Please contact me if I can provide any additional information.
bc5
164
RESOLUTION NO. 86-6
RESOLUTION AMENDING THE AFSCME CLASSIFICATION PLAN AND NUMBER OF POSITIONS
IN THE WATER DIVISION
WHEREAS, Resolution No. 85-128 adopted by the City Council on May 7, 1985,
established a classification/compensation plan for AFSCME employees; and
WHEREAS, Resolution No. 85-60 adopted by the City Council on March 12, 1985,
establishing an operating budget for FY86 authorizes all permanent positions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The AFSCME pay plan be amended by:
a. The deletion of the position of Sr. Plant Operator, grade 13.
2. The authorization of personnel in the Water Division be amended by:
a. The deletion of one full-time Assistant Treatment Plant Operator
position.
b. The addition of one full-time Treatment Plant Operator position.
It was moved by Zuber and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Baker
x Courtney
x Dickson
x McDonald
x Strait
x Zuber
Passed and approved this 14th day of January , 1986.
MAYOR
ATTEST: %Qj . C s{�.. J
awA-M 8 AF;oroved
By Tho L^gal department
iz. xry g
/D 7
^............A .............. .. ... b,_.w. n.. .. ......, .....
City of Iowa City
MEMORANDUM
Date: December 16, 1985
To: City Council
From: Anne Carroll
Re: Position Classification Changes - Water Division
A resolution has been included on your January 14 meeting agenda to abolish
the currently vacant position of Sr. Treatment Plant Operator in the Water
Division and to increase the classification of one budgeted position from
Assistant Treatment Plant Operator to Treatment Plant Operator.
These changes will not result in the necessity for any increase in funding
within the Water Division budget, norwill it change the present number of
employees within the Water Division. The it
currently contains a full
complement of employees, including one additional Assistant Water Superinten-
dent (Ed Brinton) who is in training pending promotion to Water Superinten-
dent upon the retirement of Cleo Kron.
Previously the position of Sr. Treatment Plant Operator has functioned pri-
marily in performing plant maintenance and operator training: These needs
are covered adequately at present by current personnel and it is felt that no
current eligible employee qualifies for promotion into the position at this
time. Reinstatement of the position may be requested in the future.
Assistant Treatment Plant Operator positions traditionally function as
trainee positions, serving as a springboard for promotion into Treatment
Plant Operator positions when employees become fully qualified, which is the
situation at this time. The ratio of Assistant Treatment Plant Operator to
Treatment Plant Operator positions has been subject to change in the past for
this reason and may continue to change i6 the future.
Please feel free to contact me if I may provide any additional information.
/sp
107
N
18
.......... I—, ......:.I I .. I. a .....
RESOLUTION N0. 86-7
RESOLUTION DIRECTING ALL CITY BOARDS AND COMMISSIONS TO OBSERVE
THE REQUIREMENTS AND CONSTRAINTS OF THE IOWA OPEN MEETINGS LAW,
CHAPTER 21 OF THE IOWA CODE, IN THE CONDUCT OF BOARD AND COMMIS-
SION MEETINGS.
WHEREAS, Chapter 21 of the Iowa Code, the Open Meetings Law, imposes
certain requirements and constraints upon "governmental bodies", as that
term is therein defined, in the conduct of meetings by such bodies; and
WHEREAS, the City Council has been advised by the City Attorney that
certain City boards and commissions fall within the definition of the term
"governmental body", as set forth in Chapter 21, and that certain other
City boards and commissions are not "governmental bodies" as defined
therein; and
WHEREAS, this City Council supports the principles of the Open Meetings
Law and its guarantees of citizen access to governmental policy-making and
decision-making processes; and
WHEREAS, all, City boards and commissions, even those that are advisory in
nature only, play a ital role in the policy-making and decision-making
process of city government; and
WHEREAS, the City Council has determined that it would be in the best
interests of the City of Iowa City if all City boards and commissions were
to observe the requirements and constraints of the Open Meetings Law in
the conduct of board and comnission meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that all City boards and commissions be and they are hereby
directed to observe the requirements and constraints of the Iowa Open
Meetings Law, Chapter 21 of the Iowa Code, in the conduct of all board and
commission meetings.-
AND
eetings.AND BE IT FURTHER RESOLVED that the City staff personnel who act as admin-
istrative liaison to particular City boards and commission be and they are
{ hereby directed to present to the chairperson and officers of such boards
Ift and commissions, immediately following their appointment as such and at
least annually, a copy of this resolution.
AND BE IT FURTHER RESOLVED that knowing failure by any City board or
commission member to observe the requirements and constraints of the Open
Meetings Law shall be considered grounds for the removal of such member
Ipursuant to Section 372.15 of the Iowa Code.
Received d, Appr
� he legal D.
P ienl
Yr.tii....\.a.A.\t\,\IV.4titov..t.tM1���.4iJJ.v.v:::.:\-.v\\�\n
Resolution No. 86-7
Page 2
It was moved by ....McDonald........ and seconded by .Strait .... .....
the Resolution be adopted, an upon ro11 call there were:
AYES: NAYS: ABSENT:
g Ambrisco
X Baker
X .. Courtney
X . Dickson
g .. McDonald
X . Strait
X Zuber
Passed and approved this 14th day of January ,x/119986.
ATTE
11
City of Iowa City
�-' MEMORANDUM
Date: November 6, 1985
L. -L To: Neal G. Berlin, City Manager
From: Terrence L. Timmins, City Attorne Ce 1
Re: Application of Open Meetings Law to City Boards and Commissions
r
Introduction: After our recent discussion of a potential problem with the
hand ng o a closed session by the Parks and Recreation Commission, including
the applicability of the "Open Meetings Law" to that Board, I conducted further
research on the matter, including a review of opinions issued by former City
Attorney John Hayek and various Assistant City Attorneys.
The focus of our discussion has been the definition of the term "governmental
body" and whether or not the various boards and commissions of the City fall
within that definition. If they do, they are subject to all of the requirements,
constraints, and prohibitions of the Open Meetings Law, now Chapter 21 of the
Iowa Code. If some or all of those boards and commissions are not "governmental
bodies," they are not subject to that law.
Discussion: The meaning of the definition of the term "governmental body" has
ee�n addressed in many attorney opinions, issued at both the state and local
level, but has not as yet been established by judicial interpretation. In
reviewing the files of the Iowa City Legal Department, I found and reviewed the
following memoranda,.opinions, and correspondence:
1. November 17, 1978 - Mr. Steve Greenleaf, Law Clerk to City Council, City
Manager, City Clerk, Department Heads, Boards and Commissions: Memorandum
opinion concerning interpretation and effect of then new Open Meetings Law.
2. December 12, 1978 - Assistant City Attorney Bob Bowlin to City Council, et
al.: Memo concerning changes in Open Meetings Law.
3. December 15, 1978 - City Attorney John Hayek to Mayor and City Council:
Letter opinion concerning the Open Meetings Law.
4. December 20, 1978 - City Manager Neal Berlin to Chairpersons, all Boards and
Commissions: Memorandum re Open Meetings Law.
5. January 28, 1980 Assistant City Attorney Roger Scholten to Human Rights
Commission: Memorandum opinion concerning Open Meetings Requirements for
Committees.
My study of the matter has also involved a review of the following opinions of
the Iowa Attorney General's office:
1. May 4, 1979 - Solicitor General Schantz and Assistant Attorney General
Haskins to Hanson: Opinion concerning the meaning of "governing body."
2. May 16, 1979 - Attorney General Miller to Richey: Opinion concerning the
meaning of "governing body."
PAGE 2
3. May 16, 1979 - Assistant Attorney General Haskins to Thole: Opinion con-
cerning whether or not an advisory committee is a "governing body."
In reviewing the various memoranda and correspondence among Iowa City city
officials with regard to the Open Meetings Law, I have found only one memorandum
which addresses and discusses the meaning and application of the term "governmen-
tal body," that being Law Clerk Steve Greenleaf's memo of November 17, 1978. To
the extent that the other local memos and correspondence touch upon the issue,
they draw on the conclusions drawn and stated by Mr. Greenleaf in that memo. In
section III of that memo, Mr. Greenleaf discusses the definition of the term
"government body," and states that the "bodies covered by the new provisions
appear to be the same as those covered by the old provisions as far as city
government is concerned." Citing the new statutory. language, which is hereafter
underlined, he then states that "This would include 4njboard, council commis-
sion, or other governing body of a political subdivision...or any mu i -mem Bred
"UUJUD.., nu uien conciuges tnis part or his memo by stating
that is provision wou d apply to any body of city government that sits as a
formal policy-making body...,' but "not to ... any of the city staff..."
In his December 15, 1978, letter to the City Council, City Attorney John Hayek
first cites Mr. Greenleaf's. memo, which was attached to that letter, and then
paraphrases its general conclusion by stating in the second paragraph that "The
law provides that all meetings of the City Council and any board or commission
of the Cit
must be open meetings unless specifically exempte�>� u e. is
s a emen y Mr. Hayek and the discussion by Mr. Greenleaf in his memo constitute
the full extent of prior consideration by City legal staff of the question
presented.
The Iowa Attorney General's Office, on the other hand, has engaged in far more
extensive discussions of the meaning of the term "governmental body" in several
opinions which were issued after those of the Iowa City Legal Department staff.
The watershed opinion from the Attorney General's Office, in terms of estab-
lishing the -parameters of the then new Open Meetings Law, was that issued on
May 4, 1979, by Solicitor General Mark Schantz and Assistant Attorney General
Haskins to Thomas D. Hanson, Special Counsel, Board of Engineering Examiners. I
have attached a copy of that opinion to this memorandum, appropriately high-
lighted at points where relevant discussion occurs. The question presented
therein was whether or not a peer review committee of the State Board of Engi-
neering Examiners was a "governmental body" covered by the Open Meetings Law.
The definition of "governmental body" then, as now, is as follows:
"21.2 Definitions.
As used in this chapter:
1. Governmental body means:
a. A board, council, commission or other governmental body expressly
created by the statutes of this state or by executive order.
b. A board, council, commission, or other governing body of a political
subdivision or tax -supported district in this state.
/08.
VT
I.........v.\.. I I I..... I—,. ,. -,t ...............
PAGE 3
c. A multi -membered body formally and directly created by one or more
boards, councils, commissions, or other governing bodies subject to
paragraphs "a" and "b" of this subsection.
d. Those multi -membered bodies to which the state board of regents or a
president of a university has delegated the responsibility for the
management and control of the intercollegiate athletic programs at
the state universities."
In that instance, the Attorney General's Office was called upon to interpret the
meaning of the definition of governmental body under subsection "c' of the
definition, since the peer review committee had not been created by statute under
subsection (a), but rather had been created by the board of engineering examiners
under subsection (c). The fact that this opinion addresses bodies created
pursuant to subsection (c) is especially relevant since all city boards and
commissions would fall into this same category.
The discussion of this issue begins at the bottom of page 2 of the opinion and
continues through page 5. The opinion focuses on two issues. First of all, it
addresses the meaning and significance of the term "governing body," and secondly
it addresses whether or not subsection (c) bodies wo�Fiave to be governing
bodies to be covered by the Open Meetings Law.
The Attorney General's conclusion on the first point is that use of the term
governing implies that the body in question must exercise a policy-making or
decision-making function. This conclusion is drawn from the backdrop of both
prior caselaw and the legislative history of the Open Meetings Law.
As to the second issue, the Attorney General concludes that, although subsection
(c) does not qualify its use of the word bod4 by use of the word ggove��rninng�, as do
subsections (a) and (b), it is "plainly- implied" in the legislation lation that a
subsection (c) body would also have to be a gg__ov��erni��n� body before it would be
covered. The opinion uses several statutory coition argument to support
this view. The most convincing of these arguments is one founded on the defini-
tion of the word "meeting," which is as follows:
"21.2 Definitions. As used in this chapter:
2. Meeting means a gathering in person or by electronic means, formal or
informal, of a majority of the members of a governmental body where
ga er ng o mem ers o a governmen a ody for purely ministerial or
social purposes when there is no discussion of policy or no intent to
avoid the purposes of this chapter." (Emphasis added.)
The Attorney General makes the argument that this definition compels the conclu-
sion that the legislature intended coverage for policy making bodies only,
including subsection (c) bodies, since "It.would make no sense %include within
the definition of a 'governmental body' a group which could never have a
'meeting' within the statutory definition of that term."
The basic conclusions of this opinion can then be stated as follows: To be
considered a 'governmental body" under Section 21.2(1)(c) of the Code, a body
must be (1) multi -membered; (2) formally created by a board, council, commission
119F
PAGE 4
or other governing body; (3) directly created by a board, council, commission or
other governing body, and (4) must itself be a governing body in the sense of
having been delegated some policy-making or decision-making authority.
Given this opinion, the next question for City legal staff and administrators
alike is what weight and effect should be given to it. As has often been
observed, an Attorney General's Opinion is just the opinion of another attorney.
However, some of those opinions are accorded great weight because of the quality
of legal scholarship and research that stand behind them. They often serve to
forestall litigation which might otherwise occur. Such is the case with the
opinion in question. This opinion and its progeny are still the only citations
on this point in the Iowa Code Annotated. llo litigation has arisen on interpre-
tation of the provisions covered by this opinion in the nearly seven years since
its issuance. This in itself is fairly convincing evidence of the weight that
has been given this opinion, especially given the degree of controversy that
surrounds the entire question of open public meetings. More importantly, the
reputation of the authors of the opinion, particularly Mr. Schantz, a well
respected former law professor at the University of Iowa College of Law, is borne
out by the depth of the opinion and the crispness of its logic. In my view, this
opinion's statement of the law in this area is the lata.
As to the effect that should be given to this opinion in the instant case, I am
in complete agreement with you that the City Council could decide to impose Open
Meetings Law coverage on City boards and commissions, either by delegating
policy-making or decision-making authority, to all of them, or by adopting an
Open Meetings Ordinance imposing the requirements of the state law on local
boards and commissions that are advisory in nature.
As a first step in determining a response, further analysis is necessary to
determine which local boards and commissions are "governmental bodies" covered by
the Iowa Open Meetirgs Law, Chapter 21 of the Iowa Code. Based upon the fore-
going discussion, it is clear that that determination is, as to each body,
dependent on whether it should be categorized as aovernin body" or as an
"adv�iso_ry body." The May 4, 1979, opinion of Attorneys eneral Schantz and
Has ins is helpful in distinguishing between a policy-making/decision-making body
and an advisory body. Therein, at page 5 of that opinion, appears the following
discussion.
.(He) do not read B 28.2(1) [sic 3 21.2(1)) as requiring that a governmental
body have "final authority" in the sense that its decisions could not be overrid-
den by the body which created it. It would be sufficient if the body had
authority to make a decision binding upon an affected party or group unless and
until it were overridden by superior authority. However, a body whose authority
does not extend beyond studying or investigating a problem and/or giving advice
or making recommendations, is not a "governmental body" within the meaning of the
open meetings law."
In this context, it is clear certain local bodies, such as the Library Board and
the Airport Board, have been created to function as governing bodies, exercising
both policy-making and decision-making powers with regard to the enterprises
which are entrusted to their administration. Other local bodies, such as the
Board of Adjustment and the Civil Service Commission are quasi-judicial bodies
which must render decisions in individual cases. Since those decisions are
binding, unless appealed and overridden, these bodies must also be considered as
governing bodies, subject to the Open Meetings Law. However, bodies such as the
Planning and Zoning Commission and the Parks and Recreation Commission present a
/if
v .......... ....................... ........-............... _ _ ...,............,........... r.
PAGE 5
more challenging analysis, both because of the apparent influence of those bodies
in the administration of city government and because their "recommendations" have
at times been regarded as "decisions." An easier analysis is presented by those
city boards, commissions and committees which are purely advisory in nature,
having only the power to investigate, study and make recommendations to the City
Council which is then free o accept or reject those recommendations.
What follows is a functional categorization of the various City boards, commis-
sions, and committees, based upon the role and function which they are author-
ized to perform under applicable state and local code provisions and—focal
resolution. Those which I hereafter categorize as "governing bodies" or "quasi-
judicial* bodies are subject to the Open Meetings Law. Those which I hereafter
categorize as "advisory bodies" are exempt from the provisions of the Open
Meetings Law.
1. Governing Bodies Governmental Function Performed
Airport Commission Administers and o er t M '
Board of Library Trustees
Conference Board and
Assessor's Examining Board
!Board of Electrical Examiners
and Appeals
*Board of Examiners of Plumbers
*Board of Trustees for Police
Retirement
*Board of Trustees for Fire
Retirement
Charter Review Commission
*Civil Service Commission
Historic Preservation Commission
Airport.
F a es unicipal
Administers and operates Municipal
Library.
Examines applicants for assessor and
deputy assessor positions. Conference
Board has power of appointment.
Examines and licenses electricians.
Examines and licenses plumbers.
Examines and determines which candidates
are fit for admission to police pension
system.
Examines and determines which candidates
are fit for admission to fire pension
system.
Periodically reviews City Charter and can
cause amendments to be placed on the
ballot.
Examines and certifies a list of eli.
gibles for appointment to civil service
positions.
Issues Certificate of Appropriateness
regarding renovation/alteration of
historic structures as a prerequisite to
issuance of building permits.
%4
.'............ x.....
PAGE 6
2. Quasi -Judicial Bodies
Quasi -Judicial Function Performed
Airport Zoning Board of Adjustment
Hears and decides on variance app Tica-
tions and special use permit applications
under airport zoning ordinance.
Board of Adjustment
Hears and decides on variance applica-
tions and special use permit applications
under zoning ordinance.
Board of Appeals
Hears and decides appeals by parties
aggrieved by City's Building Code
enforcement efforts.
*Board of Electrical Examiners
Hears and decides on electrician license
and Appeals
suspensions and revocations. Hears and
decides appeals by parties aggrieved by .
City's Electrical Code enforcement
efforts.
*Board of Examiners of Plumbers
Hears and decides on plumber license
suspensions and revocations. Hears and
decides appeals by parties aggrieved by
City's Plumbing Code enforcement efforts.
Board of Review
Hears and decides real property valuation
appeals.
*Board of Trustees for Police
Hears and decides on Police Department
Retirement
pension applications.
*Board of Trustees for Fire
Hears and decides on Fire Department
Retirement
pension applications.
Broadband Telecommunications
Hears and decides disputes between
Commission
customers and the grantee.
*Civil Service Commission
Hears and decides appeals concerning
employee discipline and termination.
Housing Commission
Hears and determines 'appeals from Housing
Code Enforcement efforts.
Human Rights Commission
Hears and determines cases involving
allegations of prohibited discrimination
under the Human Relations Ordinance.
*Certain boards and commissions perform both governmental and quasi-judicial
functions
I
I
PAGE 7
3. Advisory Bodies
Airport Zoning Commission
Committee on Community Needs
Design Review Committee
Mayor's Youth Employment Board
Medical Board of Fire and Police Retirement System
Parks and Recreation Commission
Planning and Zoning Commission
Project Green Steering Committee
Resources Conservation Commission
Riverfront Commission
Senior Center Commission
Urban Development Ad Hoc Committee
Conclusion
Before this issue is presented to City Council for consideration, I think it
would be advisable for us to further discuss the matter so that we can arrive at
a joint recommendation as to what the appropriate response should be.
j
■
An Official Opinion
From the Office of
THOMAS J. MILLER
Attorney General of Iowa
Alar 4. 1979
STATE OFFICERS AND DEPARTMENTS: Open meetings law. Sections
28A.1. 28A.•2(1), 28A.2(2), 11.1.17, 114.1'9, 114„!1, 25MA.)(1)(a), 258A.3
M- 258A.4, Iowa Code (1979)• Ch. 1037, §i1. 12, Acta 67th O.A.
(19 181; §28A,1, Iowa Code (1977). A peer review committee of the
boned of eneednecring examiners which has been delegated no policy.
making or decinion•mnking authority Is not a "governmental body"
within the meaning of §28A.20) (c). (Schantz and Haskins to Hanson,
Special Counsel, Board of Engineering I•lxumincrs, 54-70) 079.5.4
Mr. rhumnr n. ftanxm4 Special coorcrf, 1011.4 State !loon( of F.ngi•
uerring Erantieers: you ask the opinion of our office on to whether the
proceedings of a Pere review committee of the Board of Engineering
Examiners (the "Iward"l ate subject to Ch. 28A, Iowa Cale (1874),
Pertaining to open meetings', and, if so. III what respect.
The hoard issues certificates or registration as an engineer slid as a
land surveynr and Is granted the power to .uspend or revoke a certificate.
See 1§114.17, 114.19, 114.21, Iona Code 11479). The hoard Is covered by
Ch. 258A. Iowa Code 11979). relating to continuing professional and
occupational education. See §258A.11) 1a1, Inwo Codc 11079). Ch. 258,1
utilizes the concept of peer review enntmittecs it, aid in lievnsing disc(.
pline and authorizes their creation a covered hoard.' Ily rule• the
board here has authorized the sppvintntaat of peer review committees,
' Ch. 28A, luwa Colo 119791, was effecth.r.lunuary 1. 1!179. Sri Ch. In.37.
912, Alts 67th O.A. 11978). The former r.pe, meetings law, (ala. •18A,
Iowa Cude 119771, wits repenlvi at :hr •slue tuna•. Sv.. Ch. 1097, Ill.
Acts Oth O.A. 119781. It had previously been declared unconstitutional
in Knight c. r00•a nwrief Ceurf o! SfOrp t'nnney, 269 N,R:2d 430
(Iowa 19781.
'1258A.31ll, Iowa Code (10791,states in relevant part:
1. Notwithstanding any other provision of this chapter, each licensing
Mord shell have the Putters to;
h. Register or ,tablish time review committees;
I. Refer to a registered pear review committee for investhmalon, review.
and report to the board, any complaint or other evidence of an act or
omission which the baited reasonably IwIlevn to constitute cause for
Ilcensee discipline. Ilmvever. the referral of nny matter shall not relieve
the board of any of Ica duties and shall not divest the board of any
authority or Jurisdiction.
§269A.4, Iowa Code 11979) states In relevant part:
1. Each licensing board shall have the following duties In addition to
nlhtr duties specified by this chnpter or elsewhere in the code:
C. Establish Procedures by which any recommendation taken by ■psee
review committee shall Its repnrted to and reviewed by the board If o
peer "view committee is estaMdlml.
d. Establish Procedures for registration with the (ward of we review
committees It a peer review committee is established;
e. Define by rule those recommendations of price review committees
which shall constitute disciplinary recommendations which must be
reported to the board of a par review committee Is established;
2. Each Roessler board, shall submit to the sena and house rum•
mitters on state government In January of each year, commencing In
NTATE OFFICF.IIS ,%Nil OF.PA/� ItNTp
VT
l•h v.vvvvvvtvvAv. vv..'i:.:v
Assesses A Hanson
2
Sve $90.4.4, I.A.C. Under rule, liver aview committees consist of than
or mote engineers or land surveyors. Sri 0004.1(11, I.A.C. Their func.
tion is the Investigation of complaints about the act, or omissions of
registrants. Sir 190.7.4, T.A.C.
Ch. 28A, pertaining to open meetings, applies only to a "governmental
Cody." Section 29A.2(t ), Iowa Code (1070), defines that term as follows:
As used In this chapter:
1. "Governmental body" nu ana:
a. A board• council, commission or other governing body expressly
created by the datuten of this stale or by executive order.
• b. A board. council, commission, ter other governing lately of o political
subdivision or tax -supported die(rict in this ,rate.
c. A multi -membered I.wly formally and directly created ley one or
more boards. enuneils, commissiuna or other Governing bodice subject to
• paragraphs "a" and "h" of this subsection.
d. Three multi-nmmlwrel bodies to which the slate board of regents
or a president of a unhereity line delegated the meparieihility, fur the
management and control of the hncrrolleginte athletir programs at life
state universities.
A preliminary qucttion ix wb.•thrr n pear review commi9ex: in a
"governmental body" within the meaning of ;2RA.2(1)(a). Chapter
259A ley statute authorims Life formation of each cummitncs. The comb
purahle provisions, of the- pnnr lea• derineol "publir agencies' to include
"any board, council, romnlissi,m, treated ter outburixel be life law of this
.talc." Sectlno 2PA.111 f. Town f,"In (19771. Ilaveeer, the term "author•
izel" has born deleted iron, the new law rand the term "creuttd" lists
been modified ley "expre.nly.' Iterative of prior litigation involving these
terlio. sry (........ r. .Yhl.: • ,'...r e,nl q Ir.rrn Marr 1•o(rrrsiry. 951
N.W.2d 559 I Iowa 10771, significance must be ntlached to thin change.
Webster explains that the term "created" 1110011, "lo enure to be or m
produce by flat fir by mental, offered ter leaal action: as a: to invest with
at new form, raffle a or r:m1:: roan titur. ley nn act of law or soverceicntv."
A statute whish doer :fat itwlf %unstitute" the committee. but merelyf
permit, the guard. in its dimetion, to farm Purr review rommittees, does
not "expressly croute" them as those Ivo ms are employvel of 928A::t 11
(a).
The central issue is whetlwr a peer inview committee Is a "govern.
mental body" within the meaning of aubrtrlion (c). Subsection (e) pro•
vfdes coverage for hndlm delegated authority by boards, councils and
commissions revered ley rubre•timla (n) and obi, To be covered by suit.
section (e), a Ludy muel be: 1 I nsuld.mendnand, 2) 'formally" created
by aboard, council, commission or other governing body, 01 "ditvetly"
crated by a hoard• council, commission or other governlnx body, and 4)
must Itself be a "governing boely," in the write of having Ixcn delegated
some policy-making or decision-making authority. Further elaboration
January of 1970, a summary, of the activities report respecting the
following subjKLe:
e s e
be The number of compltintn, pear review committee disciplinary
actions, and judgments end settlements reviewed or Investigated by the
board, the number of formal disciplinary promel(ngse commenced beforo
the bard or in the courts, the number and types of sanctions Imposed,
and the number and statue of appeals to the court of board decisions,
and the number and types of inner review committees regfeurel by the
basted.
May t, 1979 1
let
e4
TAotxaa 1t, flaxsux
w.,..,:::::.:.
RI
of thev mquirvmeutx orgy Ic Iw4pfu1
The rayuirement that the body he "multi.membo•ed" is self-axplma•
tory. When an ae'encY head makes u decisiun he or she time not have a
meeting subject to being open.
With respect to legal procedure. Webster defines 'formal" a "requir.
Ing special or stipulated solemnities or formalities to became affective."
Thus, the requirement that a subsection (c) body must Le "formally"
created by the delegating body would be satisfied by a vote upon a
resolution or motion or agnivalent means.
Webster defines "direct" as "marked by an absence of an Intervening
agency, instrumentality or influence: IMMEDIATE ... effected by the
votes of the people or the electorate and not by representatives (elected
I
or T years by direct suffrace)." Thus, the requirement that a subsection
(c) body must be "directly" created by the delegating body means it
must he fully constituted and appointed by a body covered by 428A.2(11
(a) or (b) and cant by an intermediary or representative such as an
executive director or srcremry. That this w•as Intended by employing Lire
term "dirort" Is made river by the existence of subsection (d), specifically
providing aoveruge for I"divs delegated respunsil,ility fnr Interrollegiete
athletic program, at the state mdversities. Tlosu bodies are apiminted
by the presidents of the uuirer'sitins, ala, tar:• eplt Covered by subsections
(a) or (61. in the ahse•nve of the 1periul provisiun, they would not Is•
coverer) by subsection ir). l"aam, that'• art. out "directly creatud" by the
Board of Regents.
The requirement that o sularctimi lei holy must itself be is "govern•
ing body" in the sense specified Is plainly implied. First, we note that the
"definition" of *,gaverunuvitul holly" lines plot consist of words of expla•
nation. lndted, suhsvcti,ru In). fill' example, refers to u "board, council,
ammndssion or wher pur,•rofnp )„alp.” Till. looamce indicates that the
esecntial notion of "governing" at- "goten'nmelual'• is well understood
and the function of the defiutlinn G to hoot the vnrerage of the chapter•
to certain of those who elcurly du ,cercise c"evrnmvpltol authority.
Wchster defines "gewemi' as "to exercise arbitrarily or by established
rules cuntinuous sovereign nulh,lrity over: rap. t" control and direct the
making unit ndndnistration of policy in. • The l:vnernl Assembly, tine
Governor and other executive .fflco•s vicinity "govern' iu this sense.
but the.definilion of governmental holy serves to exclude them from
coverage. Whet is implicit in 128A2(1) Is made more explicit In two
adjacent sections of the chapter which relate the notion of governing to
"policy-making" and "dtr•inlon•nmking."
Section 28A2121, defining tle tern: "meeting;' provides as follows.
". '•Meeting" intent, a gathering In person or by electronic means,
rmral or informal, of a majority of the members of a governmental body
where there Is deliberation or action upon an), matter u•ithie the scope
1-1the Dnrrousnrfo! hodg's pofirg•nmkiup dulrrs. Aletlings shall not In.
1 dea gathering of members of a governmental belly for purely minis.
terial or :,lei purposes when thew is no discussion a( mlley or no intent
to ecoid the purpose of this chaplet•. I Emphasis added.
It would make no t,ense to Include within the definition of a "govern-
mental body" a group which mull never have a "meeting" within the
statutory definition of that term. -
It appears from the legislative history that the terms "policy-ou log
duties" were chosen advisedly. The Ieglalative Service Bureau has pro.
vdded us with a copy of the proposed open meetings law as It emerged
from subcommittee. In that draft, the following definition of "meeting"
May 4. It'
s STATE OFFICFdtN AND DEPART111".NTf
,,o
m'Aomoe D. Hanson
:1
appeared.
'• •meeting' means a gathering, formal of informal, of a uujselly of the
members of s governmental body where the husiness of that body is
discussed or any action on Its behalf is taken."
The only apparent purpose of the addition of tine •'policy.nuking
duties" language in full committee would he to remove any doubts about
coverage. In employing this Language, the committee adopted, fortuitously
or otherwise. one of three possible functional apprwches to the question
of which agencies should Le covered, an approach linked! by the author
of a law review article to existing law under the Greene car, super.
.See Note, "Tile Iowa Open Meetings Art: A I.esaoll in 1<gislath'e In-
effectiveness." 62 Is.1..Rer. I lug. 1117 f107-1.
We note ales the deelsralion of policy smnlained in NMI:
This chapter seeks to assure•, thrnugh u rerpnitement of open meetings
Of smvernmenml holies• that civ basis and rahoonle Of pnveram,,"fal
drrisiaua,
1:1 well as thane deebione themselves, are easily accessible to
the people.... (Emphasis added.)
That purpase would not be advanced Ly applientinn r.f the statute to a
bell' with nu d,,ision•makmg autLm,ity.
In this respect, we interputl lite new statute consistently with prior
law. 5ectiou 2SA.1, lova Ctdle d977), provided. in pertiuMt part:
openlto thea pubtir al all the lfillies.9all11 nim•rti gm of Invhall
p E'liv agPublic
e ncy which
are unt npev m the publle are prohibited. unImm ctuse,l mretiogm lire
expressly Pert
nlled by low:
1. Any l"'cal. roused. c„nunissimn, etrated ,ser authorized In• ti:e hod
Of thi+.talc.
2. say I.mrd, ,oanra. o,nimis,inn. Iro$ne,,. or gsverniue body of any
rnunly. enty, tnwnshiv. ,ch"ol carpsnrtion. politirnl sa,dio.inn ase tan•
suppatlr.! db,uirt In this sale.
A. .1uy' committer ,d any such heard. council, commission, trusters,
If. governing holly.
In determhling .1mlivi the Iowa State Alldetie rouncil was u *,council"
within lilt- ,meaning of tie prior act, the lawn Supreme rourt. in cA,.•n v.
Alldclie Vwmeif a) loan ,:lot,. 14rirwsirp. 3151 N.W.2d 657, 501 blown
1777), Pulled:
Obvioully the athletic rnuncil excretes$ go'ernmentol powers. it Is a
Powerful rirrLfuro-nmkiup and Polley-mnkirtp Indy which arts fnr the
public ht dirertincr end ndministvrhtl1.•. intercolleginie athletics at the Ifni.
versity. It Is not a ore studs' ar anlvisoy group. Cf. ,Ilrlxrty e. llonnl
a/ Repaus o/ lie f•nir,vyilp Sysfrot or Grarvin. 271 Go. 22, 207 S.F. 2d
117 (1773)... , (TJhim clearly makes the council a trovernmental entity.
... (Emphasis nddaq.
This focus on decision-making and policy-making is clearly earrie,l
forward Into the new art. Although the courage of the new act Is in roe
respects plainly narrmv;r than the Greene Ingle would surresto we see no
Indication that the enverage Is broader than the Greene approach.
In determining whether a partirult r body statistics the requirement
' 11 should be noted that all alternative construction of the statute would
W to read the definitions of "governmental body' and "mating" mepa.
rattly and to articulate a rule that certain bodies are •'covered•• mi
saver hays "meetings" which are subJect to the requirements rel the act.
The poetical effort would be the nine under either approach. But
because
ivet to the orquestion
a Itmore clearly understand miceourlconstruttino !f hills
fmmed in terms of the definition of a "governmental body."
may A, 1979
r �
lot
May 1, 197
that It be a governing busy. in lite seam of leaving pulicynoddoll or
decision.making authority. we note that 128A.1 ro)uh+es that "ambi"By
In the construction or application of this chapter should be rtaobod I.
favor of opennese:' Thus, we do not read 129.2 (1) as requiring that a
governmental body have "final authority" in the Sense that Its decisions
could not be overridden by the body which created it, It would bo
Sufficient it the body had authority to make a decision binding upon an
affected party or group unless and until It were overridden by Superior
authority. However, At body whose authority time not extend beyond
studying or Investigating A problem and/or giving advice or making
recommendations, Is not a "governmental body" within the meaning of
the open meetings law.
In order to avuld mGoulentstn-1ing, ravel at other general observations
appear in order. Although we do not understand the language of tine
chapter to expand coverage heyond prior law, we should note Several
Important features of the act designed to achieve the purpose of making
governmental decisions accessible to the people. First, we note an Attempt
to employ nmre pnriao Iunguuge b, Avoid tiro constitutional difficulties
encountered by lice prior ort and to elm, a vague "esrapc hatch" open to
covered holies, Scrand, the new net bns inet'eaxed "teeth," both In the
peacedm•es to ha followed And in the ens. with which stronger sanctions
ran lu imposed• Finally. we nate tiw strong pale). preten•nre for openness
expressed by the art. Although not subJm't to the prcwalural requirements
or the sanctions of the chapter. At, ah'L"1y or study group which will
report to A governing burly Ordinarily ought to he subject to tine publir
oxpe"utthun that it will nbide.hY the spirit of till. act and vnnducl its
buslnesr in lila rmtshin. cxrepl when n vowed holly could go huh. lased
session under ¢2xA .h.
We turn num to the spacifir questiur. „f whether this peer review
eummittev is n covered governAmnntol hail). At this point, we an• guided
only by the ruses adulnrd by the Boos ..f Enginnv'hig f•;xusnlnrrs.
The rules plainly contengdate that m ltm, levi.w ronn0itte. x•111 he
"multi-membcravl." Sall-J.J 11 ), h.A.C. Althetigh It ul,paars that the lin:uyl
contemplates "ad hal." rather than 'btaudiog" eommltlece, Bosnl rules
rather elrurly cann•mpldnlr that n pmtienlAn' nnnndlna• will he "formally"
and "directly" created by tilt. 11041-1 iteehf rather than by the chuitman
or an udmimstv8live offive, u( til. Ill-al-l-;I9n•J.JI I t, 1.:1.0. However.too rules, ns pt">' written, limit the authority of A peer review
rnmmittre to inn'stignstignliag cumplabal, and making recnmmendntionn can.
cerning the appmpniala' disposition of the cumplaint. 390-4d(2), J.J(4)
and 4.415). At Present. the 13011rv1 fills clearly reserved! for Itself all
Wllry-nuking 01141 decision -oinking authority with respret In dinripline
of registrants' \1'e conclude, lhe"Oforr. that At present a peer review
committee of the Boui of Engineering Examiners is not a "govern-
mental b0dv" within the meaning of ('Iapter 28A. Of course, should
broader authority Ile delegated to a prer tcvleev committee, our conclusion
might be different
In summary, a peer review committee of the Board of Engineering
Examiners is not a "governmental tied)"' within the meaning of 128A.2
(1) (a), because it la not expreSeiy created by Statute. A body delegated
authority by a covered board, council. commission or other governing
body IS a "governmental body" within the meaning of 128A2(1)(e) If
It is "multi-membered;1 "formally" and "directly" created, and Is dela, '
gated governmental authority in the Sense of pollcymaking or deelAlon-
making duties. The peer review committees authorised by the Bard of
Engineering Examiners is not covered by 128A2(1) (c), because It has
not ban delegated such authority.
STATE 11FFICFR4 AND UEF,tIlTAIEmll
..............:.....,...,...,., .... w ,.,....-.,............k w
RESOLUTION NO. 86-8
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AT-
TEST, THE REPAYMENT PLAN FOR THE FY84 IOWA DEPARTMENT OF TRANSPORTA-
TION TRANSIT OPERATING ASSISTANCE LOAN.
WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents
with a public transportation system, and
WHEREAS, the Iowa Department of Transportation in FY84 made an interest-free
loan of $111,407 in transit funds to Iowa City Transit for which they are now
requesting a repayment plan be filed, and
WHEREAS, the Iowa Department of Transportation has stated no IDOT State
Transit Assistance funds will be distributed to any Iowa transit system that
has not filed said plan as of January 1, 1986.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, THAT:
1. The amount of $111,407 shall be repaid to the Iowa Department of Trans-
portation no later than June 1, 1989.
2. Between FY87 and FY89 transit fare revenue in the amount of $111,407 will
be set aside for repayment of the loan.
It was moved by Dickson and seconded by McDonald
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
x McDonald
x Strait 1
x Zuber
I
Passed and approved this 14th day of January 1986.
�MAYUR ,
ATTEST: Jia
toIIl1TT LhHK
Received Q Appmveel
BY The Lebill Do
_ p,Mmeq�
i
/09 �
RESOLUTION NO. 86-9
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AGREEMENT WITH HANDICARE, INC. FOR THE USE OF 1986 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO MAKE IMPROVEMENTS TO AND PROVIDE
HANDICAPPED ACCESS TO ITS DAYCARE FACILITY FOR DISABLED CHILDREN.
WHEREAS, the City of Iowa City is the recipient of Community Development
Black Grant funds granted by the U.S. Department of Housing and Urban Devel-
opment (HUD) under Title I of the Housing and Community Development Act of
1974, as amended (Public Law 93-383); and
WHEREAS, the City of Iowa City wishes to utilize such funds to assist
Handicare, Inc. in making improvements to and providing handicapped access to
its program site.
NOW, THEREFORE; BE IT.RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor be authorized to sign and the City Clerk to attest an
agreement with Handicare, Inc. to make improvements to its daycare facil-
ity. Said agreement is attached to this resolution and is incorporated
by this reference herein.
It was moved by Strait and seconded by — Dickson —
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
g. Ambrisco
X.. Baker
.g _ Courtney
g.. Dickson
X McDonald
g
— Strait
g .. Zuber
Passed and approved this 14th day of January , 1986.
A
ATTEST: 4jvCm,2
Received $ Approved
By T;i•., L:T-11 l7o;ra;tn¢nl
--%ice`--
iio
w.,,.:::::..........��_ �... ........,
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANDICARE, INC.
FOR THE USE OF 1986 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO MAKE IMPROVEMENTS TO AND PROVIDE HANDICAPPED ACCESS TO
ITS DAYCARE FACILITY FOR DISABLED CHILDREN
THIS AGREEMENT, entered into this 49.. day of JANU= Aly 1986, by and
between the City of Iowa City, a municipal corporation (HereiiF referred to as
the "City"), and Handicare, Inc., a public non-profit entity (herein referred
to as "Handicare"); and
WHEREAS, the City is the recipient of 1986 Community Development Block Grant
(CDBG) 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 wishes to utilize such funds to assist Handicare in improv-
ing and providing handicapped access to its daycare facility for disabled
children;
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF
THIS AGREEMENT:
PART 1
I. PURPOSE AND.SCOPE.OF SERVICES:
A. Handicare shall construct such improvements to its leased facility
in the lower level of 421 South Linn Street; Iowa City, Iowa, as
are necessary and appropriate in order to improve its delivery of
daycare, development, and learning programs for handicapped and
disabled children.
B. Handicare shall provide a daycare program for handicapped and
_ disabled children at 421 South Linn Street for a minimum of five
(5) years from July 1, 1986.-
C.
986.C. Development of architectural designs for said improvements shall be
the responsibility of Handicare but with written concurrence by the
City.
D: The City shall provide technical assistance regarding bidding
procedures and awarding of contracts. All procedures shall be
carried out according to HUD standards and shall be monitored by
the City.
E. Upon completion, the facility shall comply with all applicable
state and local building codes, and shall be used as a daycare and
learning facility for handicapped and disabled children and other
persons who are eligible for Handicare's programs.
F,
II. TIME OF PERFORMANCE:
Handicare shall perform according to the following schedule:
Program Element Deadline
Execute Contract for Ramp Construction January 17, 1986
Complete Ramp Installation January 26, 1986
Execute Contract for Exterior Playground
Improvements February 28, 1986
Complete Playground Improvements June 30, 1986
Execute Contract for Interior Facility
Improvements February 28, 1986
Complete Facility Interior Improvements June 30, 1986
r
Continued Facility Operation July 1,' 1986 -
June 30, 1991
i
This schedule is subject to change by mutual agreement'of both parties, j
in writing: i
III. PROPOSED PROJEM BUDGET:
A. Exterior Renovation
1. .Handicapped Accessible Ramp - $12,000 i
2. Exterior Playground Improvements - Grading, Retaining Wall,
Fence - $7,000 j
B. Interior Facility Improvements - $30,000
IY. COMPENSATION AND METHOD OF PAYMENT:
The City shall pay and Handicare agrees to accept in full no more than
forty-nine thousand dollars ($49,000) for performance under this Agree-
ment, as follows:
1. Partial payments shall be made upon receipt of invoices for archi-
tectural services rendered.
2. Further payments shall be made upon presentation of invoices from
contractors for progress payments for facility improvements com-
pleted, together with executed lien waivers covering all amounts to
be paid.
i
I
h vii........A.��w
3
3. The total of the above payments shall not exceed $49-,000.-
4. The project shall not be considered complete until after receipt of
lien waivers covering all work and materials installed, issuance of
a certificate of occupancy by the City, and Handicare certification
that all work has been completed to its satisfaction.
V. TERMS AND CONDITIONS:
A. The City shall assume no responsibility or liability for the main-
tenance, operation, or program funding of the Handicare activi-
ties.
B. Handicare shall, at its own expense, procure and maintain during
the period of this Agreement, all-risk property damage and liabil-
ity insurance to be effective as of the start of the project.
Property damage and loss coverage shall not be less than the cur-
rent market value of Handicare property located at 421 South Linn
Street, and liability coverage shall be not less than $100,000 for
bodily injury per person or $300,000 for bodily injury per occur-
rence and not less than $25,000 for property damage. Proof of
insurance shall be shown to the City by furnishing a copy of a duly
authorized and executed policy issued by an insurance company
licensed to do business in the State of Iowa.
C. Without written concurrence of the City, Handicare shall not move
its daycare and learning programs for handicapped children from its
421 South Linn Street location at any time prior to June 30, 1991.
In the event that prior to June 30, 1991, Handicare discontinues i
its program at 421 South Linn Street, Handicare shall pay to the
City a prorated share of the $49,000. The prorated share shall be
the balance remaining after deducting $816.67 from the original i
$49,000 for each month elapsed under this Agreement after July 1,
1986.
D. Except as provided herein, the terms of this Agreement shall be
from the date of execution through June 30, 1991. i
E. This Agreement is subject to and incorporates all of the terms and
conditions set forth in Part 2 of this Agreement.
PART 2
I. PERFORMANCE AND REPORTING:
A. Until at least June 30, 1991, Handicare shall, in a manner satis-
factory to the City, maintain an ongoing program of services for
disabled children at the property to be improved under this Agree-
ment.
♦....vvvvv.av{..�..�..
4
B. Handicare shall direct all notices, reports, correspondence and
insurance policies related to or required by this Agreement to the
Office of the Iowa City Community Development Block Grant Program
Coordinator, 410 East Washington Street, Iowa City, Iowa 52240.
C. Until the completion of all improvements and expenditures of all
CDBG funds disbursed under this Agreement, Handicare shall submit
monthly reports describing the progress of the improvement activi-
ties to the Program Coordinator's office by the 15th day of each
month.
D. Following completion of the facility improvements, Handicare shall
submit quarterly reports by the 20th day of February, May, August,
and November of each contract year. Quarterly reports shall, at a
minimum, include statistics showing the number and place of resi-
dence of persons assisted at the facility. In addition, an audited
annual report which meets the specifications set forth in OMB
Circular A-128, Audits of State and Local Governments," and which
discloses the expenditure of CDBG funds allocated for the improve-
ment of this facility shall be submitted by October 311 1986. No
reporting requirements shall extend beyond June 30, 1991.
E. Not later than August 1, 1986, Handicare shall provide the City
with a certified accounting of the expenditure of funds disbursed
under this Agreement.
II: OTHER REPORTS AUDITS, AND INSPECTIONS:
A. Handicare shall promptly furnish the City or HUD with such state-
ments, records, data, and information as the City or HUD may rea-
sonably request pertaining to this Agreement.
B: During the term of this Agreement, at any time during normal busi-
ness hours, Handicare shall make available to the City, HUD, and/or
the Comptroller General of the United States, or their duly author-
ized representatives, all of Handicare's records in orderto permit
examination of any audits, invoices, materials, payrolls, personnel
records, conditions of employment, and other data relating to all
matters covered by this Agreement.
C: Handicare shall retain financial records, supporting documents,
statistical records, and all other records pertaining to expendi-
tures under this Agreement for a period of three (3) years from the
termination of this Agreement.
III: CONTRACTING AND PROCUREMENT STANDARDS:
The requirements of OMB Circular A-128, Attachment 0 (Procurement
Standards) of OMB Circular A-110, and OMB Circular A-122 (Cost Princi-
ples for Non -Profit Organizations) shall apply to the use of funds
disbursed under this Agreement. The City has provided Handicare with
copies of said OMB Circulars, and Handicare hereby acknowledges receipt
of said Circulars.
NO
IV. NON-DISCRIMINATION:
No person shall be excluded from or denied the benefits of the
Handicare facility on the basis of age, race, color, religion (creed),
national origin, sex, marital status, sexual orientation, or disabil-
ity. All current and prospective project beneficiaries must, however,
qualify for the programs provided by Handicare, Inc. Reasonable fees
may be charged for Handicare's programs at this facility, but charges
which will have the effect of precluding low- and moderate -income
persons from using the programs shall not be permitted.
V. EQUAL -EMPLOYMENT OPPORTUNITY:
Handicare certifies that it is an "Equal Opportunity Employer" and that
it will comply with Chapter 18 (Human Rights) of the Iowa
_Ctty Code,
Chapter 601A (State Civil Rights) of the Iowa Code, and—a— a`pp7-1Ea5Te
regulations of the U.S. Department of Housing and Urban Development
pertaining to equal opportunity and affirmative action in employment.
Further, Handicare shall ensure that all contracts for work under this
Agreement contain appropriate equal employment opportunity statements.
VI. ENVIRONMENTAL_ASSESSMENT.ANO HISTORIC PRESERVATION:
Handicare shall assist the City in complying with all applicable envi-
ronmental assessment and historic preservation requirements of HUD and
the State Historic Preservation Officer of Iowa.
VI1. LEAD-BASED PAINT POISONING PREVERTTON:
Handicare shall comply with requirements of the Lead -Based Paint Poi-
soning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations
thereunder (24 CFR Part 35), insofar as they apply to the performance
of this Agreement.
VIII: TERMINATION OF CONTRACT FOR CAUSE:
If Handicare fails to fulfill its obligations under this Agreement in a
timely and proper manner, or if Handicare violates any of the terms,
agreements, or..stipulations of this Agreement, the City shall thereupon
have the right to, terminate this Agreement by giving written notice to
Handicare of such termination, specifying the default or defaults, and
stating that this Agreement will be terminated 30 days after the giving
of such notice unless such default or defaults are remedied within such
grace period. In the event of such termination, Handicare shall
promptly repay the City the full amount of $49,000 or the portion of
such amount which has been paid to Handicare prior to such termina-
tion.
.........,
6
IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: '
A. No member or delegate to the Congress of the United States, and no
resident Commissioner, shall be admitted to any share or a part of
this Agreement, or to any benefit to arise herefrom.
B. No member of the governing body of the City, no officer, employee,
official, or agent of the City, or other local public official who
exercises any functions or responsibilities in connection with the
review, approval, or carrying out of the project to which this
Agreement pertains, shall have any private interest, direct or
indirect, in this Agreement.
X. INTEREST OF HANDICARE, INC.:
Handicare covenants that it has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or
degree with the performance of services to be performed under this
Agreement. Handicare further covenants that in the performance of this
Agreement no person having such interest shall be employed by
Handicare.
XI. ASSIGNABILITY:
Handicare shall not assign or transfer any interest in this Agreement,
whether by assignment or novation, without the prior written approval
of the City.
XII. HOLD HARMLESS•PROVISION:
Handicare shall indemnify, defend, and hold harmless the City, its
officers, employees, and agents from all liability, loss, cost, damage,
and expense (including reasonable attorney's fees and court costs)
resulting from or incurred by reason of any actions based upon the
performance of this Agreement.
XIII. LIMITATION OF CITY LIABILITY.- DISCLAIMER OF RELATIONSHIPS:
The City shall.not be liable to Handicare; or to any party, for comple-
tion of or failure to complete any improvements which are part of the
project. Nothing contained in this Agreement, nor any act or omission
of the City, Handicare or any employer,. agent of the parties, shall be
deemed or construed by any of the parties, or by any third persons, to
create any relationship of third -party beneficiary, principal and
agent, limited or general partnership, or joint venture, or of any
association or relationship involving the City.
//O
%4
7
j IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
079 day of January 1986.
f CITY OF IDWA CITY, IOWA HAND
B' ayor By:
WITNEESSSSJ:
Notary Public In the State of Iowa.
My Commcslon Ex
.pires Sept. AjS—�S
0
lr�
RESOLUTION NO. 86-10
RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO AMEND THE BOUNDARIES
OF THE COMMUNITY DEVELOPMENT BLOCK GRANT TARGET AREAS FOR HOUSING
REHABILITATION ASSISTANCE.
WHEREAS, the'City Council approved and authorized the Forgivable Loan Program
by Resolution 84-224, and the Low Interest Loan Program by Resolution 85-24,
and
WHEREAS, to implement these programs, the City has budgeted Community Bevel-
opment Block Grant funds to engage in Housing Rehabilitation Programs within
designated target areas, and
WHEREAS, some properties fronting on the 900 Block of North Gilbert Street
appear to be in need of housing rehabilitation in order to improve the
owner -occupied dwellings of low- and moderate -income families, and
WHEREAS, the Council wishes to make properties fronting on the 900 Block of
North Gilbert Street eligible for housing rehabilitation assistance, and
WHEREAS, in order for such properties to qualify for housing rehabilitation
assistance in the City, the boundaries of the target area need to be extended
as shown on the map attached to this Resolution and incorporated by this
reference herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That the Community Development Block Grant target areas for housing rehabili-
tation assistance be amended to include properties fronting on the 900 Block
of North Gilbert Street in accordance with the attached revised target areas
map.
It was moved by Strait and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
-_X Zuber
Passed and approved this 14th day of January , 1986.
I MAYOR
ATTEST: �.�a . ERI .4'. 71'a4AJ
ltemWod I6 Apptmd
8y Tha Lacgal Depamne d
A
IH T
CITY
IOWA CITY
"403 Area" Boundary
1 • Lower Ralston Creek
2, Iowa Avenue
3•Miller Orchard
5 • Muscatine
RESOLUTION NO. 86-11
RESOLUTION REQUESTING THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS
TO ESTABLISH AN AD HOC TRANSIT STUDY SUBCOMMITTEE.
WHEREAS, the Johnson County Council of Governments (JCCOG) is the appro-
priate forum to examine multi -governmental issues; and
WHEREAS, the City of Iowa City has undertaken an operational and financial
study of Iowa City Transit; and
WHEREAS, several issues have been identified which in addition to Iowa
City Transit, also involve Coralville Transit and University of Iowa
CAMBUS;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that:
1. The City request the JCCOG Board of Directors to establish a nonper-
manent subcommittee to examine transit issues.
2. The membership of this subcommittee will include one Council member
from Iowa City, one Council member from Coralville, one administrative
official from the University of Iowa and two citizen representatives.
3. The transit systems' managers and a driver's representative will serve
as ex -officio members.
4. The term of this subcommittee be 120 days unless mutually agreed by
the parties involved to shorten or lengthen this term.
5. Issues identified for this subcommittee to examine and develop recom-
mendations include:
a. Further coordination and/or combination of transit routes.
b. Transit marketing issues.
c. Determining the appropriate level of mid-day transit service.
d. Any other issues of mutual interest to the transit systems.
6. The subcommittee members at the completion of their examination of
transit service will report back to the JCCOG Board of Directors and
respective policy bodies with their results and recommendations.
Resolution No, 86-11
Page 2 —
It was moved by Dickson and seconded by Strait the Resolur
tion be adopted, an upon ro call there were:
AYES: NAYS: ABSENT:
x AMBRISCO
X BAKER
x COURTNEY
DICKSON
MCDONALD
—x STRAIT
ZUBER
Passed and approved this 14th day of January
1986.
ATTEST:
........... .............. ......... u......
.....
RESOLUTION NO. 86-12
RESOLUTION OF INTENT TO DISPOSE OF EXCESS CITY PROPERTY, TO -WIT,
THE FIRST FLOOR OF THE U -SMASH -EM BUILDING AT 125 SOUTH GILBERT
STREET IN IOWA CITY, IOWA, BY LEASING SAME TO SOUTHGATE DEVELOPMENT
COMPANY, INC. FOR A TERM OF TEN YEARS.
WHEREAS, the City of Iowa City, Iowa, is the owner of certain premises in
Iowa City known as the "U -Smash -Em building," located at 126 South Gilbert
Street, and legally described as follows:
Beginning at the northwest corner of Lot Five (5), Block
Forty-three (43) in Iowa City, Iowa, according to the recorded plat
r thereof, thence south 40 feet, thence east 70 feet, thence north 40
!E feet, thence west 70 feet to the point of beginning;
E and
f
WHEREAS, the first, or upper, floor of the building located thereon is not at
present of any significant use to the City of Iowa City, Iowa; and
fWHEREAS, Southgate Development Company, Inc. has proposed to lease the first,
( or upper, floor of said building for a term of ten years, to demolish and
remove the first or upper story of said building, and to reconstruct and
convert the first floor of said building to a parking lot for 21 vehicles, to
be used in conjunction with its development and ownership of the old Elks
building at the corner.of South Gilbert and Washington Street; and
WHEREAS, Southgate's proposal with regard thereto is set forth in a proposed
"Agreement of Lease," now on file with the City Clerk, and pursuant to which
Southgate would pay the City rental of $420 per month for said premises; and
WHEREAS, the City Council has been advised and does believe that the lease of
the said U -Smash -Em building, pursuant to the terms of the lease proposed by
Southgate Development Company, Inc., would be in the best interest of the
City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That this City Council does hereby declare its intent to dispose of, the
following described excess City property:
The first, or upper, floor of the U -Smash -Em building, premises
legally described as follows:
i Beginning at the northwest corner of Lot Five (5), Block
Forty-three (43) in Iowa City, Iowa, according to the recorded plat
thereof, thence south 40 feet, thence east 70 feet, thence north 40
feet, thence west 70 feet to the point of beginning,
by leasing said property to Southgate Development Company, Inc., for a term
of ten years for a rental of $420 per month, said proposed disposition sub-
ject to public hearing to be held on this resolution of intent to dispose of
excess City property; and
I
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2
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized,
empowered, and directed to cause notice of public hearing to be published as
provided by law relative to the proposal herein set forth, said public hear-
ing to be scheduled for January 28, 1986.
It was moved by McDonald and seconded by Strait the Resolution
be adopted, and upon ro ca ere were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
_ COURTNEY
x _ DICKSON
_X_ MCDONALD
x STRAIT
X_. ZUBER
Passed and approved this 14th day of January , 1986.
fired 3 Approved
legd a eM
{/e (�rov
AGREEMEIIT OF LEASE
THIS AGREEMENT, OF LEASE, made and entered into this day of
January, 1986, by and between CITY OF IOWA CITY, IOWA, an Iowa Municipal
Corporation (the "Lessor"), and SOUTHGATE.DEVELOPMENT COMPANY, INC., an Iowa
Corporation having,its principal place of business in Iowa -City, Iowa (the
"Lessee"),
WITNESSETH:
WHEREAS, Lessor is the owner of a building formerly known as the "U -Smash -
Em" building located at 126 South Gilbert Street, Iowa City, Iowa (the 'Building")
and which is located upon the real estate described upon Exhibit "A", attached
hereto and by this reference made a part hereof, and
WHEREAS, Lessor and Lessee desire to enter into an Agreement of Lease for
the first, or upper, floor of the Building (the "Leased Premises") upon the
terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants, agreements,
stipulations and conditions herein contained, the Lessor does hereby demise to
Lessee, and Lessee hereby leases from Lessor the Leased Premises hereinafter
described upon the following terms, covenants, conditions and stipulations:
a
1
FA
I
1. TERM OF LEASE. The term of this Lease shall commence on June 1, r
1986, and shall continue until the 31st day of May, 1996, subject to the
following:
1
I
i
(a) The Lessor shall make the Leased Premises available to the
Lessee for purposes of remodeling and renovation by the.Lessee no later
I
than. •1986.
i
(b) The Lessor's option to cancel said Lease upon the terms and
conditions set forth in Paragraph 21 hereof. Provided, however, that
should the Leased Premises be available for parking by Lessee prior to the
i
commencement of the term as hereinabove set forth, Lessee may occupy the S
same for such additional period.
2. RENTAL. The rental for said premises shall be in the base amount of
Four Hundred Twenty Dollars ($420.00) per month, calculated at the rate of
Twenty Dollars ($20.00) per parking space for which the leased premises may be 1
utilized, said rental amount being equal to that presently charged by the }
Lessor for permit parking in the Chauncey Swan Plaza parking lot adjacent to j
the Leased Premises. During the term hereof, said rental shall be increased '
or decreased as monthly parking rates in said Chauncey Swan Plaza parking lot
increase or decrease, and shall, at all times, be equal to twenty-one (21)
times the monthly parking permit rate in said Chauncey Swan Plaza parking lot. )
Such monthly rental obligation shall commence on the earlier of the following
dates:
%4
■
;I
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I
,
1
FA
I
1. TERM OF LEASE. The term of this Lease shall commence on June 1, r
1986, and shall continue until the 31st day of May, 1996, subject to the
following:
1
I
i
(a) The Lessor shall make the Leased Premises available to the
Lessee for purposes of remodeling and renovation by the.Lessee no later
I
than. •1986.
i
(b) The Lessor's option to cancel said Lease upon the terms and
conditions set forth in Paragraph 21 hereof. Provided, however, that
should the Leased Premises be available for parking by Lessee prior to the
i
commencement of the term as hereinabove set forth, Lessee may occupy the S
same for such additional period.
2. RENTAL. The rental for said premises shall be in the base amount of
Four Hundred Twenty Dollars ($420.00) per month, calculated at the rate of
Twenty Dollars ($20.00) per parking space for which the leased premises may be 1
utilized, said rental amount being equal to that presently charged by the }
Lessor for permit parking in the Chauncey Swan Plaza parking lot adjacent to j
the Leased Premises. During the term hereof, said rental shall be increased '
or decreased as monthly parking rates in said Chauncey Swan Plaza parking lot
increase or decrease, and shall, at all times, be equal to twenty-one (21)
times the monthly parking permit rate in said Chauncey Swan Plaza parking lot. )
Such monthly rental obligation shall commence on the earlier of the following
dates:
%4
■
91
'(a) the date that Lessee or any assignee or sublessee of Lessee
commences parking motor vehicles upon the Leased Premises;
(b) June 1, 1986.
The monthly rental payments provided herein shall be due and payable in
advance on the first day of each month during the term of this Lease provided,
however, that in the event that the Lessee's obligation to pay rent commences
on a date other than the first day of a month, said first month's rental shall
be prorated accordingly.
3. IMPROVEMENTS. The Lessee shall improve, remodel and reconstruct the
Leased Premises in the manner provided in the Van Winkle Engineering feasi-
bility study dated August 9, 1985, the letter dated December 29, 1985, and the
plans dated December 13 and 16, 1985 to provide twenty-one (21) parking places
on the first, or upper, floor of the Building and to reconstruct the accesses
thereto from South Gilbert Street. Said feasibility study, letter and plans
are attached hereto as Exhibit "8" and by this reference.made a part hereof.
Lessee shall be responsible for all costs of such improvements and for all
costs necessary to preserve and maintain the structural integrity of The
Building and buildings adjacent to it. Lessee shall defend, indemnify and.
hold harmless Lessor from and against any and all claims and causes of action
of every nature whatsoever, pursuant to the further provisions of paragraph 10
hereof, arising in any manner from the making of such improvements, including
claims made by the owners or occupiers of said adjacent buildings, unless any
such claim shall arise from the conduct or negligence of the Lessor.
l
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i
4
{ 4. REPAIRS. Following the initial improvements hereinabove provided,
I Lessor shall make all necessary strutural repairs to the Leased Premises
during the term hereof. Such repairs shall include, but are not limited to,
i repairs to the floor of the Leased Premises but do not include any interior
f,
repairs -to the lower level of the Building, the possession of which does not
pass to the Lessee hereunder. The Lessee shall be responsible for any and all
repairs and maintenance of the interior of the Leased Premises and shall
i
maintain the same free from accumulations of snow, ice, dirt and debris
throughout the term hereof without cost to the Lessor.
5. CONDITION AND DELIVERY OF PREMISES. The Lessor shall deliver the
Leased Premises to the Lessee "as is", and shall not be responsible for any
repairs, improvements or modifications of the leased premises.
6. UTILITIES. Electric utility service for lighting or other appliances
for the Leased Premises shall be separately metered in Lessee's name during
the term of this Lease. Lessee shall promptly pay or cause to be paid all
costs and expenses for electrical utility service furnished to or consumed by
Lessee in the use of the Leased Premises during the term of this Lease.
7. FURTHER ALTERATIONS AND IMPROVEMENTS. The Lessee may further alter,
improve and modify the Leased Premises during the term of this Lease only with
the advance written consent of the Lessor, which consent shall not be unreason-
ably withheld.
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{ 4. REPAIRS. Following the initial improvements hereinabove provided,
I Lessor shall make all necessary strutural repairs to the Leased Premises
during the term hereof. Such repairs shall include, but are not limited to,
i repairs to the floor of the Leased Premises but do not include any interior
f,
repairs -to the lower level of the Building, the possession of which does not
pass to the Lessee hereunder. The Lessee shall be responsible for any and all
repairs and maintenance of the interior of the Leased Premises and shall
i
maintain the same free from accumulations of snow, ice, dirt and debris
throughout the term hereof without cost to the Lessor.
5. CONDITION AND DELIVERY OF PREMISES. The Lessor shall deliver the
Leased Premises to the Lessee "as is", and shall not be responsible for any
repairs, improvements or modifications of the leased premises.
6. UTILITIES. Electric utility service for lighting or other appliances
for the Leased Premises shall be separately metered in Lessee's name during
the term of this Lease. Lessee shall promptly pay or cause to be paid all
costs and expenses for electrical utility service furnished to or consumed by
Lessee in the use of the Leased Premises during the term of this Lease.
7. FURTHER ALTERATIONS AND IMPROVEMENTS. The Lessee may further alter,
improve and modify the Leased Premises during the term of this Lease only with
the advance written consent of the Lessor, which consent shall not be unreason-
ably withheld.
I
,
�i
5
8. USE OF PREI4ISES - SIGNS. It is understood that Lessee intends to use
the Leased Premises for the parking of automobiles for Lessee's building
located at the southwest corner of the intersection of Washington and Gilbert
Streets in Iowa City, Iowa, and Lessee shall not be permitted to use the
Leased Premises for any other purpose or purposes without the advance written
consent of the Lessor. Lessee may cause signs, as permitted by Lessor's
ordinances, to be installed on the exterior of the Leased Premises indicating
that the Leased Premises are for the sole and exclusive use of the Lessee and
such tenants and invitees of Lessee's said building as Lessee may permit to
use the Leased Premises. Lessee will regulate and control the use of the
Leased Premises as a private parking lot, and Lessor shall be under no obliga-
tion to regulate or control parking therein.
9. MECHANIC'S LIENS. Lessee agrees not to permit any mechanic's liens,
or claims under Chapters 572 or 573 of the Code of Iowa (1985), to be filed or
placed of record against the Leased Premises or any improvements thereon which
shall be made or caused by Lessee. If any such liens shall be filed, Lessee,
at its expense, agrees to have them promptly released of record. No supplier
of labor or materials at the request or order of or by agreement with Lessee
shall acquire a lien on the Leased Premises or the improvements thereon which
is paramount to the rights and interests of Lessor. All such suppliers shall
have the right to demand payment for their respective labor and materials from
Lessee only. The mere filing of a mechanic's lien, or claim under said
Chapters 572 or 573, shall not, in and of itself, constitute a default by
Lessee hereunder provided Lessee shall, within thirty (30) days after notice
of the filing of such lien or claim either cause the same to be released of
f
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6
record, deposit a bond or other collateral with Lessor in a form and amount
satisfactory to Lessor to secure Lessor against any loss or expense occasioned
thereby, including attorney fees reasonably incurred by Lessor, or cause the
same to be discharged pursuant to the provisions of § 572.15 or § 573.16 of
the Code .of Iowa.
10...: INDEMNFICATION AND HOLD HARMLESS. Lessee agrees that at all times it
will defend, indemnify, protect and hold harmless Lessor, its officers,
agents, and employees, and the said Leased Premises from and against any and
all costs, loss,•damage, liability, expense, claim, judgment, penalty and fine
whatsoever, including court costs and attorneys' fees, for property damage
and/or personal injury, including death resulting directly or indirectly
therefrom, or for damage of whatever kind or character, consequent upon or
'arising from any neglect or fault of Lessee, its officers, agents, employees,
or invitees, in the demolition, construction, reconstruction, use, or occupancy
of said premises, provided Lessor gives Lessee prompt notice in writing of any
claims communicated to or made against Lessor. If any suit shall be brought
against Lessor or the Leased Premises on account of any matter herein described,
and against which Lessee is to defend or protect Lessor, or on account of any
damage, omission, neglect, or use of the Leased Premises by Lessee, or by
any other person on said premises, Lessee agrees to defend the same, or pay
the costs of defense, and will pay whatever judgments may be recovered against
Lessor, its officers, agents, or employees, or against the said Leased Premises
and on account thereof. Lessor shall furnish to Lessee promptly all notices
of any•such suit served upon Lessor and will cooperate with Lessee in the
i
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6
record, deposit a bond or other collateral with Lessor in a form and amount
satisfactory to Lessor to secure Lessor against any loss or expense occasioned
thereby, including attorney fees reasonably incurred by Lessor, or cause the
same to be discharged pursuant to the provisions of § 572.15 or § 573.16 of
the Code .of Iowa.
10...: INDEMNFICATION AND HOLD HARMLESS. Lessee agrees that at all times it
will defend, indemnify, protect and hold harmless Lessor, its officers,
agents, and employees, and the said Leased Premises from and against any and
all costs, loss,•damage, liability, expense, claim, judgment, penalty and fine
whatsoever, including court costs and attorneys' fees, for property damage
and/or personal injury, including death resulting directly or indirectly
therefrom, or for damage of whatever kind or character, consequent upon or
'arising from any neglect or fault of Lessee, its officers, agents, employees,
or invitees, in the demolition, construction, reconstruction, use, or occupancy
of said premises, provided Lessor gives Lessee prompt notice in writing of any
claims communicated to or made against Lessor. If any suit shall be brought
against Lessor or the Leased Premises on account of any matter herein described,
and against which Lessee is to defend or protect Lessor, or on account of any
damage, omission, neglect, or use of the Leased Premises by Lessee, or by
any other person on said premises, Lessee agrees to defend the same, or pay
the costs of defense, and will pay whatever judgments may be recovered against
Lessor, its officers, agents, or employees, or against the said Leased Premises
and on account thereof. Lessor shall furnish to Lessee promptly all notices
of any•such suit served upon Lessor and will cooperate with Lessee in the
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defense thereof, but this provision shall not deprive Lessor of the right to
defend any such suit if Lessee shall fail reasonably to defend the same.
11. LLIOILITY INSURANCE. Lessee, at its expense, shall procure and
maintain in force during the term of this Lease a policy or policies of
insurance providing comprehensive general liability insurance (providing
coverage for loss due to both personal injuries and property damage) covering
the Lessee's use of the Leased Premises and under which the limits of liability
shall be in amounts of not less than §250,000.00/§500,000.00 with a $2,000,000.00
umbrella coverage. Such insurance shall be placed with a responsible insurance
carrier licensed to do business in the State of Iowa and a certificate of
insurance shall be filed with the City Clerk prior to entry upon the premises
by Lessee, which certificate must be in form satisfactory to the Lessor, must
reflect the coverages specified above, and must evidence coverage for the
contractual indemnity provisions of this Agreement. In addition, Lessee, or
Lessee's contractor(s) for demolition and construction services, shall procure
builders all risk insurance and shall provide a certificate or certificates of
insurance evidencing such insurance coverages for review and approval by the
City Attorney prior to the commencement of demoltion and/or construction on
the Leased Premises. Such insurance shall be in amounts of not less than
$250,000/$500,000 with a $2,000,000.00 umbrella coverage. Lessee, or Lessee's
contractor(s), shall maintain said insurance covrages in force during the
entire period of demolition/construction on the premises, and until a certificate
of occupancy has been issued therefore by the City of Iowa City.
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12. DEFAULT OF LESSEE. In the event that any rent installment shall not
be paid upon the due date, and if such default shall not be corrected within a
period thirty (30) days after written notice thereof shall have been given by
Lessor to,Lessee, or in the event that Lessee shall fail to perform any other
provision of this Lease Agreement to be performed by Lessee, and if such other
default shall not be corrected within a period of thirty (30) days after
written notice thereof shall have been given by Lessor to the Lessee of any
such event, Lessor may, at its option, either: (a) continue to collect the
rent as the same falls due hereunder; or (b) declare the unpaid portion of the
full term cash rental immediately due and payable in full; or (c) declare the
term of this Lease to be expired, thereby terminating all rights of Lessee
.hereunder, and take possession of the Leased Premises free and clear of this
Lease.
Notwithstanding the foregoing, in the event the default, other than the
nonpayment of rent, shall be of such a nature that the same cannot be corrected
within a period of thirty (30) days, then such default shall not afford the
foregoing remedies to Lessor provided Lessee shall have commenced the correction
thereof within such thirty -day (30) period and shall with reasonable continuing
diligence accomplish the work, effort and expenditure necessary to fully
correct such default.
The various rights, powers, options, elections and remedies provided for
Lessor hereunder shall be cumulative and no one of them shall be exclusive or
exclusive of the other or further remedies available to Lessor under the
statutes of the State of Iowa.
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13. INSOLVENCY OF LESSEE. In the event of the bankruptcy or insolvency
of Lessee, Lessor reserves the right to terminate this Lease, provided that
prior'to such termination the Lessor shall give Lessee ten (10) days written
notice of the Lessor's intention to terminate the Lease during which ten (10)
day period, said Lessee shall have the right to cure any default hereunder.
14. LIEN AND. OTHER RIGHTS OF LESSOR. Lessor shall have a lien, in
addition to any statutory lien, upon all property of Lessee stored, used or
kept in or on the Leased Premises, whether the same is exempt from execution
or not, for the performance of Lessee's agreements hereunder. No demand for
rent shall be necessary to entitle Lessor to the rights herein provided, and
in the event of any suit to enforce the provisions of this, Lease all costs
thereof, including a reasonable attorney's fee, shall be paid by Lessee and
secured the same as the rentals due hereunder.
15. COVENANT OF TITLE, AUTHORITY AND QUIET POSSESSION. Lessor covenants
that it has full right and lawful authority to enter into this Lease for the
term hereof and that it is lawfully seized of the Leased premises and has good
title thereto. Lessor further covenants that if Lessee shall fully perform
and discharge all the agreements of Lessee to be performed or kept hereunder,
the Lessee shall have during the term of this Lease quiet and undisturbed
possession of the leased premises. Lessor reserves the right to mortgage or
encumber the leased premises, but any such mortgage or encumbrance imposed
after the effective date of this Lease Agreement shall be subject to the
rights of Lessee hereunder.
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13. INSOLVENCY OF LESSEE. In the event of the bankruptcy or insolvency
of Lessee, Lessor reserves the right to terminate this Lease, provided that
prior'to such termination the Lessor shall give Lessee ten (10) days written
notice of the Lessor's intention to terminate the Lease during which ten (10)
day period, said Lessee shall have the right to cure any default hereunder.
14. LIEN AND. OTHER RIGHTS OF LESSOR. Lessor shall have a lien, in
addition to any statutory lien, upon all property of Lessee stored, used or
kept in or on the Leased Premises, whether the same is exempt from execution
or not, for the performance of Lessee's agreements hereunder. No demand for
rent shall be necessary to entitle Lessor to the rights herein provided, and
in the event of any suit to enforce the provisions of this, Lease all costs
thereof, including a reasonable attorney's fee, shall be paid by Lessee and
secured the same as the rentals due hereunder.
15. COVENANT OF TITLE, AUTHORITY AND QUIET POSSESSION. Lessor covenants
that it has full right and lawful authority to enter into this Lease for the
term hereof and that it is lawfully seized of the Leased premises and has good
title thereto. Lessor further covenants that if Lessee shall fully perform
and discharge all the agreements of Lessee to be performed or kept hereunder,
the Lessee shall have during the term of this Lease quiet and undisturbed
possession of the leased premises. Lessor reserves the right to mortgage or
encumber the leased premises, but any such mortgage or encumbrance imposed
after the effective date of this Lease Agreement shall be subject to the
rights of Lessee hereunder.
3
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16. PROPERTY AND OCCUPANCY AT RISK OF LESSEE. All property of any kind
which may be brought upon or within the Leased Premises by Lessee, its employees,
agents, customers and invitees, during the term hereof, shall be at the sole
risk of Lessee or those claiming under or through Lessee, and Lessor shall not
be liable to Lessee or to any other person for any injury, loss or damage to
any person or property in or upon the Leased Premises, and Lessee agrees to
assume all liability for or on account of any such injury, loss or damage, and
to hold Lessor harmless and indemnified therefrom. Lessor shall not be liable
for any injury, loss or damage to Lessee, its property, or to any person or
any property, occasioned by any alleged default or failure of Lessor hereunder
except and unless Lessor has refused to correct such default within a reasonable
time under the circumstances after receipt of written notice thereof from
Lessee.
11. GOVERNMENTAL LAWS, RULES AND REGULATIONS. Lessee covenants and
agrees to comply with all applicable laws, ordinances, rules and regulations
of the city, county, state and other governmental authority regarding the
Leased Premises as to the method and manner in which the same are used by
Lessee, and Lessee agrees to hold Lessor harmless from any and all fines,
penalties, costs, expenses, damage and loss, if any, occasioned by Lessee's
violation of any such law, ordinance, rule or regulation. Any consents,
licenses and permits required by_any governmental authority shall be secured
by Lessee, including obtaining required demolition and building permits from
the City of Iowa City.
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18. WAIVER BY CONDUCT. The acceptance of rent after the same is due
hereunder, whether in a single instance or repeatedly, or one or more waivers
by Lessor of any default by Lessee hereunder shall not be construed as a
waiver of any subsequent delinquent payment of rent or other or similar
default by Lessee hereunder.
19. SURRENDER OF PREMISES/HOLDING OVER. Lessee agrees that upon expiration
of this Lease it will promptly remove its property and the property of all.
persons claiming by, under orthrough Lessee and to peaceably yield and
surrender possession of the Leased Premises to Lessor in as good a condition
as at the, commencement of the teen of this Lease, normal wear and usage and
damage by fire, windstorm or other casualty only excepted. Notwithstanding
the foregoing, unless Lessor shall give written notice to the Lessee at least
twelve (12) months prior to the expiration of the term hereof, or prior to the
expiration of any extended term as provided in this Paragraph, Lessee shall
have the right to extend the term of this Lease for successive periods of one
(1) year each by continued possession, payment of the rent herein prescribed
and continuing to fulfill the obligations of the Lessee hereunder.
20. RIGHT OF FIRST REFUSAL. In the event of any determination by Lessor
to sell the Building during the term hereof and the receipt by the Lessor of
any offer by a third party for the purchase of the Building upon terms which
Lessor deems acceptable, Lessor shall notify Lessee thereof as herein provided.
Such notice shall include the terms and conditions of any offer to purchase by
such third party. If Lessee elects to exercise the rights herein granted, it
shall do so in writing within thirty (30) days after receipt of such notice
113
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with closing to occur and payment to be made in accordance with the offer to
the Lessor by such third party.
21. CANCELLATION - FUTURE RENTAL. Subject to the terms hereof, Lessor
shall have the option to cancel this Lease as to the Leased Premises upon
twelve (12) months written notice to the Lessee. No such written notice may
be given by the Lessor prior to June 1, 1991, with termination hereof to
become effective upon the date specified in said notice and which date shall
not be earlier than twelve (12) months after the giving of such notice. In
the event of any such cancellation, either before or after termination prior
to the expiration hereof, Lessee shall have the right to rent twenty (20)
parking spaces in any parking structure or surface parking lot located within
the square block in which the Building is located upon the same rental terms
and conditions as are herein provided for the balance of the tern and there-
after as provided in Paragraph 19. In the event that no monthly or other
permit parking shall then be permitted in any such parking structure or
surface parking lot, the rental for said spaces shall continue upon the same
terms and conditions as are applicable to the Leased Premises at the time
Lessee shall vacate the Leased Premises. Lessee's rights to continue to rent
twenty (20) parking spaces in the square block in which the Building is
located shall not be subject to cancellation by Lessor except in the event of
(a) Lessee's default, (b) Lessee's termination, (c) Elimination of all parking
spaces in said square block by Lessor, or (d) Sale by Lessor of all portions
of said square block in which parking spaces are located.
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22. MERGER. All prior negotiations, conversations, understandings and
agreements by and between Lessor and Lessee pertaining to this Lease Agreement
are merged herein.
23:CONSTRUCTION. All words and phrases herein, including the acknow-
ledgement hereof, shall be construed as used in the singular or plural number,
and as the masculine, feminine, or neuter gender, according to the context
hereof.
24. MODIFICATION. No provision of this Agreement shall be altered,
modified,.or amended unless evidenced by written instrument executed by the
respective parties hereto.
25. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be binding
upon and shall inure to the benefit of the successors and assigns of the
parties hereo.
26. MISCELLANEOUS PROVISIONS.
(a) Time is of the essence as to each and every provision of this
Lease.
(b) Any and all arrears in the payment of rent, additional rent, and
any other obligations of Lessee shall bear interest at the rate of eighteen
percent (18%) per annum beginning with the due date and continuing until
paid in full.
(c) Any and all notices hereugder may be given by certified United
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States mail and shall be deemed to have been given upon the date the
i
envelope containing the same properly addressed shall have been deposited
in any United States mail depository in Johnson County, Iowa, postage j
prepaid. Notices may be given to Lessor in care of City Manager at 410
T East Washington, Iowa City, Iowa, 52240, and to Lessee at 325 East 'Washington,
7
Iowa City, Iowa 52240. Unless and until either party shall notify the
other party of a differentaddress, such notification shall be given in
accordance with the provisions of this sub -paragraph. j
i
IN WITNESS WHEREOF, the parties have executed this Agreement of Lease the
day, month and year above written.
CITY OF IOWA CITY, IOWA '
3
By 40
Mayor
i
Attest:
t I,
City Clerk
"LESSOR"
i
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SOUTHGATE DEVELOPMENT COMPANY, INC.
i
By
President
' By
Secretary
"LESSEE"
1 '.
-
RESOLUTION NO. 86-13
RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM
WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions for
parking meter zones and parking lots, and
WHEREAS, parking revenues will be used to provide funding for Transit Operations,
and
WHEREAS, such funding for transit operations requires an increase in the total
annual parking revenue amount.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
Effective February 1, 1986, the existing parking rates will be increased accord-
ingly to:
Central Business District On -Street ..Meter....,......,....,.......E.40/hour
Central Business District Lot Meter..............................5.40/hour
Peripheral On -Street Meter (Outside Central Business District)...;.30/hour
Peripheral Lot.Meter (Outside Central Business.,District).........$.30/hour
_..- . .... 30.00/month
Lot Permits .... ...,�_........e.e...c.----..........5
City Employee -Lot ._Permits........................... 515.00/month
Meter Hoods......................................................E4.00/day
Parking Ramps: ._.. _.._.-.._.
Hourly.Parker. ...................................................40/hour
... .......... ....540.00/month
Monthly Permits .........................................
The above hourly parking rates for parking ramps will apply to both parking ramps
with the exception of:
Cars exiting when a cashier is not on duty: a flat rate of 75t must be depos-
ited at the exit gate.
It was moved by Baker............ and seconded by .... Dickson
the Resolution be adopted, an upon ro11 call there were:
AYES: NAYS: ABSENT:
g.. Ambrisco
_X Baker
X Courtney
X.. Dickson
X.. McDonald
X . Strait
X Zuber
Passed and approved this ..14th day of January. , 1986.
c
M R `
ATTEST: CA969w,
........... ........................w.... ,...............,.. ..............., .. w.,
RESOLUTION NO. 86-14
A RESOLUTION APPROVING THE TRANSFER OF SURPLUS FUNDS FROM PARKING
OPERATIONS TO TRANSIT OPERATIONS.
WHEREAS, there is projected to be surplus funds in the Parking Systems after
making all deposits into all funds required by the terms, covenants, condi-
tions, and provisions of outstanding revenue bonds, pledge orders and other
obligations which are payable from the revenues of the Parking Systems, and,
WHEREAS, surplus funds now exist in the Parking Operations fund balance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. $250,000 will be transferred from the surplus funds in the Parking Opera-
tions fund balance to Transit Operations.
2. Additional surplus funds will be transferred from Parking Operations to
Transit Operations, as surpluses are generated, in an amount not to
exceed $140,300 during FY86 and $430,500 during FY87 and each fiscal year
thereafter.
It was moved by Baker and seconded by Dickson
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
Courtney
i
X X Dickson XMcDonald
xStrait
y_ Zuber i
i
Passed and approved this 14th day of January , 1986. y
/�MRYOR
ATTEST:
i
& Approv
Legal D t
i r
i
0
Mr Mayor and Council Members
Everyone comes to you to protest their individual pet part of
the City Budget. The economic conditions of the state has
been lean to the cash registers of the businesses as well as
for the coffers that feed the various govermental agencies.
Coffers that fund the services that people became spoiled by
in good times and that they expect the city to provide in
times of unstable economic conditions.
Over twenty years ago, studies shoed that a strong retail
core need a good transportation system, both by private auto
as well as mass transportation. The private and public
reinvestment in dowtown Iowa City in the past decade was
based on that premise. The premise further promised
increased tax base from a new downtown core to justify the
expense. Proudly we have a new downtown that has increased
tax base.
Continued studies by both city and private sector support the
fact that lack of parking is still a major dowtown problem.
The Zuchellie report on the last Urban Renewal parcel points
out that for intensive use, additional parking will be
needed, as did the HLM report of last spring, as did the Old
Capital Center Martketing survey and so on. As a downtown
merchant and even my collegues in Sycamore, say that the
biggest compliant heard is the lack of parking.
As the supporters of mass transit come to you urging low cost
so they could get to work... those of us that made the
investment in dowtown that provide for our livelyhoods and
employees livelyhoods are on the line to say we need to be
considered also.
we need more parking as well as we need more riders. we have
a large investment that depends on volumnes of people getting
to our doors each day. You have been concerned that as the
price of bus fares goes up that ridership will drop. By the
same flip of th&,coin as parking cost goes up..fewer people
will spend money to park and to support our stores.
The bulk of the dowtown merchants reimburse the customer for
thier first hour of parking if they make a purchase of over
$5.00. This park and shop , and the bus and ride, programs
was started when partking cost was 20 cents.' You are
doubling our cost. — providing nothing. Something has to
give. You haven't look at the needs for FY 88 to determine
the rate needs at that time.
The economic conditions are such that stores of both large
and small sizes have to question such an expense. It was
questioned when the last bus raise went into effect and
several merchants drop their support... its the old them or me
P
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theory of trying to stay in business and fighting raising
cost. Again another increase this time in parking could
result in a drop in parking support and useage at places such
as movies, resturants and night spots that don'} support the
present park and shop or bus -and shop programs.
i This could progress to a result that would make a full circle
back to the blight that we have all worked so hard to get rid
of. The bus and parking systems are for the good of the
entire city. You cangt single out any one group and say theu
deserve to pay more or less.
I feel that you need to take several steps of action:
1. Budget from the General Fund for Mass Transit, because
the system is for the benefit of the entire city not
those that ride it.
2. Transfer the monies for the needed one year.
3. Transfer the monies back to Parking in 18 months and
start the plans for the third ramp in FY 88-89
4. Work with the University in route selection to avoid
duplication and competition for riders.
5. Promote the bus system as a fun way to travel. In
business we always have to advertise to attract new
customers. In this city we feel that the population
turns over every four years.
I
I 6. Chart a final 10 year program when the JCCOG report is
done.
7. As politicaly unpopular as it would be..put into effect
a fare increase effective September 1986. Remember the
fare increase affects less than 5 percent of the
population.
Iowa City is alive and the envey of the rest of the state,
because of long range planning. I urge you not to move to
fast for what could happen to us down the road.
' Thank you
Thomas H. summy
2505 Rochester
owner - Stephens Clothing
OLd Capitol Center
B
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RCSOLUTION N0. 86-15
RESOLUTION AUIHORIZING THE MAYOR TO SIGN A RIGHT
OF WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS
I%MREAS, the Iowa Department of Transportation requires cities to
comply with the provision of the 1970 Uniform Relocation Assistance and
Land Acquisition Policies Act by furnishing assurances concerning
acquisition of right of way for highway projects funded with Federal Aid
funds to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOIVA CITY, IOIVA, that the Mayor is hereby authorized to sign a right of
way assurance statement for Federal Aid Projects.
It was moved by McDonald and seconded by Strait
that the Resolution be adopted and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Ambrisco
X
Baker
X
Courtney
X
Dickson
i
1
McDonald
B
i
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RCSOLUTION N0. 86-15
RESOLUTION AUIHORIZING THE MAYOR TO SIGN A RIGHT
OF WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS
I%MREAS, the Iowa Department of Transportation requires cities to
comply with the provision of the 1970 Uniform Relocation Assistance and
Land Acquisition Policies Act by furnishing assurances concerning
acquisition of right of way for highway projects funded with Federal Aid
funds to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOIVA CITY, IOIVA, that the Mayor is hereby authorized to sign a right of
way assurance statement for Federal Aid Projects.
It was moved by McDonald and seconded by Strait
that the Resolution be adopted and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Ambrisco
X
Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
X
Zuber
Passed and approved this 14th day of January, 1986.
ATI'MT:
CITS' CCE
Received •d Approved
By The
e: g Dep �6t
1 /l/o
u f/
fSLu a t c,-
116z
ATI'MT:
CITS' CCE
Received •d Approved
By The
e: g Dep �6t
V
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Return this Form by January 31, 1986
RIGHT OF WAY ASSURANCE STATEMENT
City of Iowa City
To comply with the provisions of the 1970 Uniform Relocation Assistance and Land
Acquisition Policies Act, the City Council of the City ofIowa City
furnishes the following assurances to the Iowa Department of transportation.
1. It is the policy of the City of Iow Ci to acquire right-of-way
in accord with Title III of said 1970 ct an app icable state laws.
2. It is the policy of the City of —Iowa Ci
to provide relocation
a
assistance benefits in accord with Tit II of sat 1970 Act and applicable
state laws.
3. The above named City will contact the Iowa Department of Transportation for
assistance as needed to assure compliance with applicable laws, which are
summarized in the instructions entitled "Right -of -Way Acquisition Policies and
Procedures."
January 14, 1966
\ �`�
Date Approved 1 or of the City
Received d Approveo
By Th gal De artmeni
i 86
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