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HomeMy WebLinkAbout1986-04-08 ResolutionRESOLUTION NO. 86-97 RESOLUTION TO REFUND CIGARETTE PERMIT Mart 1*1EREAS, Robert D. Finley dba Bob's Beer / at 1910 S. Gilbert in Iowa City, Iowa, has surrendered cigarette permit No. 86-23 expiring June 30 ,19 86 , and requests a refund on the unused portion therof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 86-23 , issued to Robert D. Finley be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 , payable to Robert D. Finley as a refund on cigarette permit No. 86-23 . It was moved by Strait and seconded by Zuber that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber X Passed and approved this 8th day of April ,19 86 Attest:),, / Z'f CLERK 583 RESOLUTION N0. 86-98 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR DEAN OAKES THIRD ADDITION WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary Sewer and Storm Sewer Improvements for Dean Oakes Third Addition, as constructed by J. C. Construction Ltd. of Iowa City, Iowa, AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City.Zuber It was moved by Strait and seconded by that the resolution as read be a opte , and upon roll ca there were: AYES: NAYS: ABSENT: X Ambrisco R Baker X Courtney i X Dickson McDonald X ' X Strait R Zuber April Passed and approved this 6th day of 1986 I OR hroi! roves! ATTEST: 71a) /. " / CITY CLERK PP qy Deparrn,enl oma, S 8r a r CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT April 1, 1986 Honorable Mayor & 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 bonds are on file in the City Clerk's office. Sanitary Sewer and Storm Sewer Improvements for Dean Oakes Third Addition as constructed by J. C. Construction, Ltd. of Iowa City, Iowa. I hereby recommend that the above-mentioned improvements be accepted by the City of Iowa City. Re/ ectfull ub 'tted, Frank K. Farmer City Engineer RESOLUTION NO. 86-99 RESOLUTION ACCEPTING THE WORK FOR THE PAVING, IMPROVEMENTS FOR DEAN OAKES THIRD ADDITION WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Paving Improvements for Dean Oakes Third Addition, as constructed by Metro Pavers, Inc. of Iowa City, Iowa, AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Zuber that the resolution as read be adoptee, 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 8th day of April 19 86. MAY 1 I)CI701 crved APProvM ATTEST: Z7;a���� ,�r�` CITY CLERK l/ � 8S r J,Ue9) CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT April 1, 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. Paving Improvements for Dean Oakes Third Addition 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. ectfully submit Frank K. Farmer, P.E. City Engineer 585 01 a ;• I RESOLUTION NO. 86-100 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SOUTHWEST ESTATES PART 2, A SUBDIVISIOW OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Frank Eicher, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Southwest Estates Part 2, a subdivision of Iowa City and Johnson County, Iowa, which is legally described as follows: Commencing at a concrete monument which marks the southeast corner of the southeast quarter of Section 13, Township 79 North, Range 7 Nest, of the 5th Principal Meridian; thence North 0053'42" East, (a recorded bearing) along the east line of said southeast quarter of Section 13, 739.61 feet, to the northeast corner of Lot 1 of Southwest Estates Subdivision, Part 1; thence South 68017'49" West, along the northwesterly line of said Part 1, to the northwesterly corner of Lot 2, of said Southwest Estates Subdivision, Part 1, all in accordance with the recorded plat thereof, and which point is the point of beginning; thence South 68017'49" West, along said northwesterly line, 212.33 feet; thence North 88044146" West along said northwesterly line, 76.24 feet; thence South 1015'14" Nest, along the westerly line of said Southwest Estates, Part 1, 80.51 .feet; thence South 8045114" West, along said westerly line, 38.31 feet; thence North 88047'6" West, 158.02 feet; thence South 1037'49" West, 343.91 feet, to a Point in the centerline of Rohret Road; thence South 68017'49" Nest along said centerline, 93.55 feet; thence North 21042'11" Nest, 412.93 feet; thence North 54019"50" West, 235.85 feet; thence North 46027'56" West, 330.10 feet; thence North 67040'29" East, 260.00 feet; thence North 6037'4" East, 480.92 feet; thence North 0053'42' East, 310.00 feet; thence South 8906'18" East, 115.31 feet; thence southeasterly 1,068.14 feet, along a 680.00 foot radius curve, concave southwesterly, whose 961.67 foot cord bears South 4406'18" East, thence South 0053'42" West, 172.49 feet; thence southeasterly 204.63 feet, along a 518.82 foot radius curve concave northeasterly, whose 203.30 foot cord bears South 1Od24115" East, to the Point of Beginning. Said tract of land contains 22.64 acres more or less, and is subject to easements and restrictions of record. WHEREAS, the proposed subdivision is out of phase with the growth pro- jected in the City of Iowa City's 1983 Comprehensive Plan Update and it is economically infeasible for the City to extend municipal services to this area at this time; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary plat of said subdivision and have recommended approval of the plat if the owner assumes the cost of certain improvements; and WHEREAS, the preliminary plat of said subdivision has been examined by the Planning and Zoning Comnission and, after due deliberation the Comnission has recommended that it be accepted and approved with contingencies; and 60Z/ =1'(, r- -T Resolution No. 86-100 Page 2 UHEREAS, the preliminary plat is found to conform with the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the preliminary plat of Southwest Estates, Part 2, a subdivision of the City of Iowa City is hereby approved, contingent upon the owner/subdivider bearing the full cost of the extension of a 12" water main from Hunter's Run Subdivision to and through Southwest Estates, Part 2 and the full cost of 31 feet of paving for Phoenix Drive. It was moved by Zuber and seconded by Dickson the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER —3t— COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 8th day of April 1986. MOR -:Q- ATTEST: CITTY CLERK ko�ehed 8 Approved �Y a Deal peps nl _2W,�� 6,051 r City of Iowa City MEMORANDUM DATE: March 20,1986 TO: Planning & Zoning Commission FROM: Karin Franklin, Senior Planner•ik� RE: S-8514 Southwest Estates Part 2 The deficiencies noted in the staff memo dated March 14, 1986 regarding the provision of sanitary sewer easements and a storm sewer on Tucson Place have been resolved by the applicant. In addition, the applicant, through his representatives, has indicated that the cost of the 12" water main from Hunters Run subdivision to and through Southwest Estates Part 2 and the cost of 31 feet of paving for Phoenix Drive will be borne by the developer. The staff recommends approval of the subdivision under these conditions. 6 D�z 4; r- City of Iowa City MEMORANDUM Date: March 14, 1986 To: Planning and Zoning Commission From: Karin Franklin, Senior Planner Re: Southwest Estates Part 2 - 5-8514 Background The original application for approval of a preliminary and final subdivi- sion of Southwest Estates, Parts 2 and 4 through 9, has been amended to request approval of only a preliminary plat for Part 2. Part 2 now in- cludes thirteen lots developed at a rural residential density. Access to the lots is proposed from Rohret Road and Phoenix Drive and Tucson Place, new streets within the subdivision. The amended plan was submitted after the joint meeting of the City Council and the Commission concluded with a consensus that the Comprehensive Plan should not be amended unless the developer made a specific proposal for development which included addressing the costs of developing out of phase with the plan. Higher density development (RS -5) was mentioned by the developer at that meeting as a possible means by which the developer could economically manage to pay for a part of those costs. At the informal meeting of the Commission which followed on March 3, the Commission informed the developer that RS -5 development in the Old Man's Creek watershed would necessitate a lift station and that this would be unacceptable to the City. It was suggested that a development be laid out with RS -5 density, in the area which can be sewered by gravity flow and that the area which would require a lift station be shown at a rural residential density using septic systems. In an effort to gain some approval to permit the sale of lots for this construction season, the developer has elected to plat, at this time, a small portion (22.64 acres) of the total 150 acre tract. Future develop- ment of the remaining rural residential area and the "RS -5" area are shown, outside the subdivision, to indicate the long range plans for the area. Analysis The critical questions at this point in the review of Southwest Estates are: 1) What effect will this plat have on the future development of the area; will it limit or negate the possibility of the larger tract ulti- mately developing in the most efficient manner, and 2) What financial burden should the developer bear for developing this piece of land at this time? 6 0 Page 2 Assuming that the City continues with its policy to discourage the use of lift stations and finds septic systems within the City limits acceptable, the ultimate residential use of this land must be a combination of one acre lot development with higher urban density development. In that area which cannot use gravity flow, a one acre minimum and maximum lot size is appropriate to permit the use of septic systems while encouraging the maximum density to pay for other City services. Where lots can tap into the City sewer system, an urban density of RS -5 or higher (RS -8 or RS -12 depending on other factors) is appropriate to generate enough revenue to cover the cost, to the greatest extent possible, of operating extended public services. The area shown for rural residential development on the plat is in an area which cannot use a gravity flow system. Therefore, the proposed plat is consistent with future use of the land, if the lift station policy is assumed. A factor, other than density, which could limit the future development of the tract is the established road pattern. As shown, Phoenix Drive would fution isnc cfully as a developed. Inr theainterim,in eu of Slothower hower RoadRoad e n the area would presumably remain as it is. Redirecting the main north/south connection between Melrose Avenue and Rohret Road from the periphery of the development to through the center of it will bring more traffic into the residential area. This may create conflicts in the future if this road is the only north/south route west of Freeway 218. The elimination of Slothower Road should not be contemplated with this plat. Phoenix Drive, as shown through the 13 lot subdivision, will not negate the possibility of a street pattern in which Phoenix Drive functions as a major collector and Slothower Road serves as the secondary arterial. Phoenix Drive is acceptable, therefore, as drawn. Other local streets in the future development concept are stubbed out to the north, .west and east, terminated in a cul-de-sac, or looped at the extremities of the tract. Approval of this preliminary plat should not be interpreted as approval of these street patterns. The development of adjoining unplatted land should be taken into consideration before the street pattern of the remainder of the tract is established. A note is provided on the plat to indicate that the area marked "Future Development" is not approved at this time. As stated above, development of this tract will probably occur as a combi- nation of rural and urban densities due to sewer and watershed constraints. If the City should at some future time change its policy regarding lift stations and permit urban density development on the whole tract, provision should be made at this time through Part 2 for the exten- sion of sewer lines. Sufficient sewer easements should be shown in the subdivision. It appears that the development design proposed will not limit the pre- ferred future development of this area. If the design of Part 2 is found to be acceptable, then given the RR -1 zoning, we must assume that subdivi- sion can and will take place. Since development of Southwest Estates is out of phase with the anticipated extension of services to this area, and because the level of growth expected in the development in the near future is insufficient to recoup the cost of service extension, an the cost for capital improvements may be placed on the subdivider. At this time it is 64�/ al =ll, r - Page 3 not economically feasible for the City to extend any portion of a water main to Southwest Estates or to provide for overwidth paving on Phoenix Drive. It is incumbent upon the subdivider, therefore, to provide the necessary 12 inch water main and 31 feet of paving of Phoenix Drive through Southwest Estates Part 2. The street naming policy adopted by the Council October 25, 1985, indi- cates that names of songbirds, minerals, and flowers are appropriate for the southwest quadrant. Compliance with this policy is optional; the developer has chosen a different theme for the street names. Staff Recommendation The staff recommends that Southwest Estates Part 2 be approved subject to resolution of the deficiencies and discrepancies listed below and with the 12 inch water main extended to and through Southwest Estates Part 2 and the construction of 31 feet of paving for Phoenix Drive at the sole ex- pense of the subdivider. Deficiencies and Discrepancies 1. Easements between Lots 10 and 11 to the cul-de-sac, along the west side of Lot 11, between Lots 17 and 11, between Lots 11 and 16, and across Lot 12 to access Lot 13 and 14 outside of the pond should be shown for future sewer lines. 2. A storm sewer is needed on Tucson Place. Accompaniment Preliminary plat Approved by: onald Lchmeiser, Director Department of Planning and Program Development 6e 4 W, e, I RESOLUTION NO. 86-101 RESOLUTION TO RESTATE THE POLICY THAT NO PUBLIC IMPROVEMENTS BE MADE TO ROHRET ROAD WEST OF FREEWAY 218 OR SLOTHOWER ROAD BEFORE 1998. WHEREAS, the 1983 Comprehensive Plan Update for the City of Iowa City is a guide to the development of Iowa City; and WHEREAS, the Plan projects that compact and contiguous development of the City will not extend to the southwest area until approximately 1998; and WHEREAS, the City of Iowa City bases its Capital Improvements Program on the de- velopment phases and sequences of growth set forth in the Comprehensive Plan; and WHEREAS, based upon its projections for growth in the southwest area, no capital improvements are planned for the southwest area until 1998 or later; and WHEREAS, some rural residential development exists in the southwest area and more may take place before 1998; and WHEREAS, the City's intentions regarding the improvement of Rohret Road and Slothower Road should be clearly stated for the residents, who may be assessed for a portion of the cost of paving these roads when they are improved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That other than routine maintenance, the City of Iowa City will make no public improvements to Rohret Road west of Freeway 218 or to Slothower Road before 1998. It was moved by McDonald and seconded by Dickson the Resolution be adopted, and upon r0Tl call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER �— COURTNEY X DICKSON X MCDONALD X STRAIT ZUBER Passed and approved this 8th day of April 1986. MA R e RowIved & Appmvod by The !opal Dopart wl 6os r- Proceedings To Adjourn Public Hearing Iowa City, Iowa April 8, 1986 The City Council of Iowa City, Iowa, met in regular session on the 8th day of April, 1986 at 7:30 o'clock p.m. at the Council chambers in the City pursuant to law to published notice, and to the rules of said Council. The meeting was called to order and there were present Ambrisco , Baker, Courtney, Dickson. McDonald, Strait, Zuber Absent: hone This being the time and place specified for the public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1986 (Blooming Prairie Warehouse, Inc. Project) in an aggregate principal amount not to exeed $200,000.00, Council member Zuhe.r introduced a Resolution entitled: 86-102 "Resolution adjourning to April 22, 1986, a public hearing and the decision whether or not to proceed with the issuance and sale of not to exceed $200,000.00 aggregate principal amount of Industrial Development Revenue Bonds (Blooming Prairie Ware- house, Inc. Project) of the City of Iowa City, Iowa", and moved its adoption, seconded by Council member Dickson After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the role being called the following named Council members voted: Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco, Baker, Courtney, Nays: _ None Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. ATTEST: CityClerk (SEAL) 1 Mayor 607 -1 86-102 "Resolution adjourning to April 22, 1986, a public hearing and the decision whether or not to proceed with the issu- ance and sale of not to exceed $200,000.00 aggregate prin- cipal amount of Industrial Development Revenue Bonds (Blooming Prairie Warehouse, Inc. Project) of the City of Iowa City, Iowa." WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manu- facturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national regional or divi- sional headquarters facility of a company that does multi -state business; and WHEREAS, the Issuer has been requested by Blooming Prairie Warehouse, Inc. (the "Company"), to issue its Industrial. Development Revenue Bonds to finance the cost of the acquisition by construction or purchase of land, build- ings, equipment and improvements suitable for use in manufacturing, storing ware- housing and distributing products of agriculture, mining or industry (the "Project") to be located within the Issuer; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1986 (Blooming Prairie Warehouse, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $200,000.00 between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice, all objections or other comments relating to the issuance of the Bonds made at said hearing have been heard, and it is desired to adjourn said public hearing; NOW THEREFORE BE IT RESOLVED, by the City Council of the Issuer, as follows: Section 1. It is hereby determined that the public hearing be adjourned to April 22, 1986 at 7:30 o'clock p.m. at the Council Chambers, in the City. Section 2. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. (po7 Mi F t- -3 - Section 3. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 8th day of April, 1986. ATTEST: CfClerk (SEAL) s � Mayor �a7 04 Posted: 4/7/86 @ 2:10 P.M. djd Removed: 4/9/86 @ 8:30 a.m. djd (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING GThe City Council of Governmental Body: Iowa City, Iowa. Date of Meeting: AnrilAnril 8 , 1986. 7:30 P.M. Time of Meeting: Council Chambers Place of Meeting: Civic Center Iowa CIty, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: April 22 , 1. Public Hearing and Resolution Adjourn ng o 1986 the Public Hearing and the Decision Whether or not to Proceed With Issuance and Sale of Not to Exceed $1,000,000Series ate (Principal Amount of Industrial Development Revenue Bonds, Iowa. Warehouse, Iowa City Project) of the City of Iowa City, 2' Such aaheretomatters (attach copy offorth agenda). the additional 13 page(s) attached This notice is given at the direction of the Mayor, pursuant to Chapter 21A, Iowa Code, as amended, and the local rules of said governmental body. L Cler: of the City of Iowa City, Iowa 9 (60% 7 r 04a Iowa City, Iowa The City Council of Iowa City, Iowa, met in regular session on the 8th day of April , 1986, at 7:30 P.M. at the City Hall in the City. The meeting was called to order by Ambrisco , Mayor, and the following named Council Members were present: Ambrisco. Baker, Courtney, Dickson, McDonald, Strait, Zuber. The Council investigated and found that notice of intention to issue $1,000,000 Industrial Development Revenue Bonds, Series A (Millard Warehouse, Iowa City Project) had, as directed by the Council, been duly given according to law. The Mayor announced that the purpose of the meeting was to hold and adjourn to the 22nd day of April , 1986, a public hearing on the proposal to issue not to exceed $1,000,000.00 aggregate principal amount of the City's Industrial Development Revenue Bonds, Series A, (Millard Warehouse, Iowa City Project), as described by Chapter 419, Code of Iowa, and of the Internal Revenue Code of 1954, as amended, for the purpose of financing all or a portion of the costs of acquiring, constructing, improving or equipping facilities which are suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing or distributing products of agriculture which will be located within the corporate boundaries of the City (hereinafter referred to as the "Project", and to loan the proceeds of the Bonds to Millard Warehouse, Iowa City, a Nebraska General Partnership (hereinafter referred to as the "Company"). It is proposed that the proceeds from the sale of said Bonds be loaned by the City to the Company with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None"). None. 609 -I -4� r Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None"). Lynn Nblherrin, attorney for DIillard Warehouse, appeared with proposed plans for the project. After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue said Bonds, Council Member Dickson proposed the following Resolution attached hereto and moved its adoption. Council Member Courtney seconded the motion to adopt. After due consideration of said motion, the role was called and the Resolution was adopted by the following vote: AYES: DIcDonald Strait, Zuber, Ambrisco, Baker, Courtney, Dickson. NAYES: The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: See attached copy. Whereupon, the Mayor declared said Resolution duly adopted and signed his approval thereto. Upon motion and vote the meeting adjourned. c (SEAL) Mayor { ATTEST: 77� 7S LLJ city Clerk 2 W -v; 04b RESOLUTION NO. 86-103 PUBLIC HEARING AND RESOLUTION ADJOURNING TO April 22, 1986, THE PUBLIC HEARING AND THE DECISION WHETHER OR NOT TO PROCEED WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $1,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES A (MILLARD WAREHOUSE, IOWA CITY PROJECT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation organized and existing under the laws and constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue bonds for the purpose of acquiring, constructing, improving or equipping facilities which are suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing or distributing products of agriculture which will be located within the corporate boundaries of the City (hereinafter referred to as the "Project"), and to loan the proceeds of the Bonds to Millard Warehouse, Iowa City, a Nebraska General Partnership (hereinafter referred to as the "Company") for the purpose of constructing and improving the Project; and WHEREAS, a Notice of Hearing on the proposal to issue not to exceed $1,000,000.00 aggregate principal amount of Industrial Development Revenue Bonds, (Millard Warehouse, Iowa City Project) Series A (the "Bonds") of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a Resolution was adopted on April 8th 1986 adjourning said public hearing to April 920d > 1986; and WHEREAS, a public hearing has been held at the time and place as specified in said Notice of Hearing and objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City that the public hearing be adjourned to April 22nd , 1986 at the time and place specified in the original Notice of Hearing at which time any and all ! additional objections or other comments relating to such Bonds will be heard and the City will determine whether or not to proceed with the issuance of said Bonds as proposed. (a 09 r- NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the public hearing required by the Act and Section 103(K) of the Internal Revenue Code of 1954, as amended, and pursuant to published notice be adjourned to April 22nd , 1986, at 7:30 P.M. in the Council Chambers, Civic Center, 410 East Washington Street, in the City. Section 2. All Resolutions and Orders, or part thereof, in conflict herewith are, to the extent of such conflict hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. ADOPTED AND APPROVED this 8th day of April , 1986. CITY OF IOWA CITY, IOWA (SEAL) Ma or ATTEST: r n Cit Clerk I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified, and acting Clerk of the aforementioned City and that as such I have in my possession or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct ' and complete copy of all the corporate records in relation to the adoption of the Resolution to Adjourn and decide whether or not to proceed with the issuance I and sale of not to exceed $1,000,000 aggregate principal amount of Industrial Development Revenue Bonds, (Millard Warehouse Project) Series A. WITNESS my hand and the corporate seal of said City hereto affixed i this 8th day of April 1986. (SEAL) I City Clerk 2 -1 -4 ti Posted: 4/4/86 @ 3:30 P.M. djd Removed: 4/9/86 @ 8:30 A.M. djd (This Notice to be posted) NOTICE. AND CALL OF PUBLIC MEETING OOEOIMAL Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: April 8, 1986 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: j $1,665,000 Parking System Revenue Bonds. - Public hearing on the issuance. - Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the addi- tional 13 page(s) attached hereto. (number) [ This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. t n > 'F 'Std Ci y Clerk', Iowa City, Iowa ( Aldm. Cmwx , Mmeln 14W.e. Smah 6 Alit", iw .. M AMrc., Lma I r I April 8 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Ambrisco , in the chair, and the following named Council Members: Ambrisco, Baker, Courtney, Dickson, McDonald, Strait, Zuber. Absent: None * OR * * * * * 1 -1- M1Llen. Crvvxy. llnned,r, 14Ynq Lnnh A Altln.., bxT'n, IN I4urxx. Irm, I -1 r- i The presiding officer announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $1,665,000 Parking System Revenue Bonds of said City, in order to provide funds to pay costs of constructing an extension to the existing municipal parking structure located at the northeast corner of Dubuque and Burlington Streets, and that notice of the proposed action to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.83 of the City Code of Iowa. Inquiry was made whether any written objections had been filed by any resident or property owner of the City to the issuance of said bonds by the City. The Clerk stated that no written objections had been filed. Oral objections to the issuance of said bonds were then called for and received and no were made. Whereupon, the presiding officer declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- JW., 2 -JW., S ah 6 AI41 I, V' r- The proposed action and the extent of objections thereto were then considered. Whereupon, McDonald introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,665,000 PARKING SYSTEM REVENUE BONDS," and moved its adoption. Courtney seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco, Baker, Courtney, Dickson, McDonald, Strait. NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: 86-104 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $1,665,000 PARKING SYSTEM REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $1,665,000 Parking System Revenue Bonds for the purpose of paying costs of constructing an extension to the existing municipal parking structure located at the northeast corner of Dubuque and Burlington Streets; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $1,665,000 Parking System Revenue Bonds for the foregoing purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice -3- AIJ.n, cuwy, M—In 1N+ . Smnh a Afft a U%rm M1 r him la.. 611 =A� 70 and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED, this 8th day of April , 1986. Mayor ATTEST: -4- NJen. Cuxvy, l>umnitt I4vnq SmnA M1 elll.e IOMn. On nlarx+. Im., // 91 r CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON Iowa, do hereby I, the undersigned City Clerk of Iowa City, of the certify that attached is a true and complete copy portion of the corporate records of said Municipality showing the same is a true d proceedings of the Council, and, ouncil with respecttoosaidte copy of the action taken by sai(matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force thateffect, meeting and have not been amended or resandcildpubliclyed in yheld in accordance and all action thereat was andutentative agenda, a copy of which with a notice of meeting and the Counci was timely served on each rominent place easilylber of accessibledton a bulletin board or other p of the face sheet of the public and clearly designated for that purpose at the attached hereto) pursuant to the local rules principal office of the Council (a copy said agenda being provisions of Chapter and media atof least I of the Council and the p upon reasonable advance notice to the a public present in twenty-four hours prior to the commencement of the meeting as required by said law and with members rie indivithe duals named attendance; I further certify and lawfully possessed of therein were on the date thereof duly their respective city offices as indicated may beestatedein said t no i council vacancy existed except as may litigation is pending, j proceedings, and that no controversy inorlit incorporation, organization, prayed or threatened involving or the right of the existence or boundaries of the City individuals named therein as officers to their respective positions. hereto WITNESS my hand and the seal of said municipality affixed this 8th day of A ril SEAL Cit Clerk, Iowa City, Iowa ALbn, GxvxY.IM�xnlrt IYYrve SneN M1 A11W..I1-en.M Abilxn. Inn. // r - ATTACHMENT 1.1 i !, U-,'• ,' . 1_._ RESOLUTION NO. 86-105 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT AMONG THE CITY OF IOWA CITY, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS FOR MUTUAL FIRE AID PROTECTION IN AND SURROUNDING JOHNSON COUNTY, IOWA. WHEREAS, occasions may arise whereby extra alarm fires or other emergen- cies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the City of Iowa City, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in and surrounding Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: HAYS: ABSENT: X AMBRISCO X BAKER T COURTNEY X DICKSON X MCDONALD �— STRAIT X ZUBER Passed and approved this 8th day of April 1986. / \ ATTEST: �fj�,C;LERK�� P Rocclved & Approved 8y Tho�� 7 �g (OZA AGREEMENT FOR MUTUAL AID FIRE PROTECTION IN AND SURROUNDING JOHNSON COUNTY, IOWA This agreement is made pursuant to Chapter 28E, Code of Iowa, between any and all of the following: City of Coralville, Iowa; City of Hills, Iowa; City of Iowa City, Iowa; City of Lone Tree, Iowa; City of North Liberty, Iowa; City of Oxford, Iowa; City of Riverside, Iowa; City of Shueyville, Iowa; City of Solon, Iowa; City of Swisher, Iowa; City of Tiffin, Iowa; City of University Heights, Iowa, City of West Branch, Iowa; Fremont, Lincoln and Pleasant valley Fire Association; Tiffin Fire Association; Jefferson -Monroe Fire Department, Inc.; Kalona Volunteer Fire Department; Tri -Township Fire Department. WHEREAS, the fire departments or fire districts of all the undersigned parties are members of the Johnson County Mutual Aid Association; and WHEREAS, a stated purpose of the Association is to provide mutual aid in fire protection and fire prevention; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional firefighting' personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or author- ity exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege, and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E agreement to render fire and emergency assistance upon a reciprocal basis. THEREFORE, THE PARTIES HERETO mutually agree to give fire and emergency assistance when needed on a reciprocal basis under the following terms and conditions: Section 1 Authority to Respond to Provide Assistance The power to make a request for assistance or to provide aid under this agreement shall reside in the member department fire chief or his official designee only. For purposes of this agreement, the "requesting department" shall mean the fire chief or designee asking for assistance and the "responding department" shall mean the fire chief or designee sending assistance. Any member department shall have the right to request assistance from any other member department or departments, subject to the terns and conditions of this agreement. For the purpose of this agreement, the terms "member department" and "member" shall mean the fire department of the respective parties hereto. r - Section 2. Situation Where Assistance is Requested A member department may request assistance from another member department only when the requesting department has concluded, based upon actual circumstances, that such assistance is essential to protect life and/or property at a location afforded fire protection service by the requesting department. Section 3. Response to Request Upon request, a responding department, upon determination that an emergency situation exists and subject to the availability of manpower and equipment, shall dispatch firefighting personnel and equipment to aid the requesting department. Section 4. Personnel and Equipment Provided The requesting department shall include in its request for assistance the amount and type of equipment and number of personnel required, and shall specify the location where the personnel and equipment are needed. The final decision on the number and the amount and type of equipment to be sent shall be solely that of the responding department. The responding party shall be absolved from liability in connection with all acts associated herewith provided that the final decision is made with reasonable diligence. No member department shall make any claim whatsoever against another member department for refusal to send the requested equipment or personnel where such refusal is based on the judgment of the responding department that such personnel and equipment are needed to protect the district of the responding department. Section 5. Command at Fire Scene The responding department personnel and equipment shall report to the command officer of the requesting department who shall be in charge at the fire location unless he/she specifically relinquishes this authority to another officer. The command officer shall have the power to issue reasonable orders and directives, and responding officers will then act on said orders. The responding department personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or when the responding department personnel and/or equipment are needed in their home districts. Responding department personnel and equipment may withdraw from the requesting district upon giving notice to the command officer at the fire location that they are needed in their home district. It is understood that the purpose of this section is to maintain order at the fire scene and shall not be construed to establish an employer/ employee relationship. IDAA r- Section 6. No Reimbursement for Costs No member department shall be required to reimburse any other member department for the cost of providing the services set forth in this agreement. Each member department shall pay its own costs (salaries, repairs, materials, compensation) for responding to the requests of other member departments. However, the requesting department shall provide without charge, such addi- tional fuel as may be required by the responding department to carry on the combined firefighting efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their fuel tanks before they return to their home district. Further, the requesting department shall reimburse the responding department(s) for the cost of special materials, such as but not limited to, foam or other special materials, specifically requested by the requesting department and which are provided by the responding department and utilized at the site of assistance. Section 7. Liability Employees of any member department acting pursuant to this agreement shall be considered as acting under the lawful orders and instructions pertaining to their employment with their member department. Under no circumstances are they to be considered employees of any other jurisdiction, but rather shall be considered to be employees of their member department. Each party hereto shall bear the liability and/or cost of damage to its member department's equipment and the death of or injury to its member department's personnel, whether the death, injury or damage occurs at a fire in the member's own fire protection area, or in a fire protection area where the firefighter is working as a member of a responding department. Each party shall provide appropriate and reasonable insurance for its member department's personnel who may suffer injury, disability, or death and/or are involved in loss or damage to private property, and/or death of or injury to private individuals in the performance of official duties while assisting another member department under the terms of this agreement and shall supply proof of such reasonable insurance to the other parties hereto by providing a certificate thereof. Each party hereto shall be responsible for defending against claims made against it or its member department or personnel and arising from its partici- pation in this agreement. The parties hereto shall not be obligated by this agreement to defend against claims made against other parties hereto, or against the member departments or personnel of said parties. 8. Township Agreements. The cities and independent fire districts which are parties hereto and which have fire protection agreements with each other wherein the independent fire district is a fire protection provider for the respective city agree to maintain such agreements in force and to provide copies of same to the other parties hereto by attaching copies of such existing agreements to this agreement thereby incorporating them and making them part of this agreement, and by promptly notifying in writing the other par.ties of any amendment, renewal, or termination of such agreements, including the changing of fire district lines. In the event such an agreement lapses, there shall be no further obligation by the other parties hereto to respond to a request for assistance within the fire protection area covered by such lapsed agreement. �� l ./ _,Ja r - 4 Section 9. Term of Agreement This agreement shall be in*full force and effect upon execution by all parties hereto and the filing and recording thereof as provided in Section 12. The agreement shall have a term of three (3) years from the date of execution and thereafter shall continue in effect from year to year. The agreement may be amended by agreement of all parties. Any party may withdraw from the agreement by giving thirty (30) days written notice to each of the other parties hereto by certified mail in which case said notifyng party shall be deleted from further operation of the agreement. Section 10. Administration of Agreement. This agreement shall be administered by the Johnson County Mutual Aid Associa- tion, which shall periodically review said agreement and attempt to resolve any problems which may arise in carrying out said agreement. Section 11. Notices Any written notice as required in this agreement shall be sent to the address of the respective parties as shown on the execution portion of this agreement. Section 12. Prior Fire Mutual Aid Agreements This agreement supercedes any and all prior fire mutual aid agreements between and among the parties or their respective member departments. Section 13. Filing and Recording Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF IOWA CITY, IOWA CITY OF CORALVILLE, IOWA Iowa City Civic Center Cor lville City Hall 410 E. Washington Co alville, Iowa 52241 Iowa City, Iowa 52240 ` By By /n1 ,J// Attest: J nr% Attest: 0 Q'Y33 j Date: Date: /y/9?6 Reeehrod 8 Approved /y The legal Departnxnt 4/7 (0al =1j., r- 7 JEFFERSON-MONROE FIRE DEPARTMENT, INC. CITY OF SWISHER, IOWA Swisher, Iowa 52338 Swisher City Hall (As a Fire Protection Provider for Swisher, Iowa 52338 the City of Swisher, Iowa and the City of Shueyville, Iowa) By By / Attest: Atte l h L Date: 7 /O-�� Date: CITY OF SHUEYVILLE, IOWA Shueyville Community Bldg R. R. 2 Cedar Rapids, Iowa 52401 By: 1 4, Attest: t4 Date: ht ,Io�%9�° CITY OF LONE TREE, IOWA Lone Tree City Hall Lone Tree, Iowa 50559 CITY OF TIFFIN, IOWA Tiffin City Hall Tiffin, Iowa 52340 By : Z&:,:=,p 2p 9aW Attest: &&4r 1 Date: Y/15.176 CITY OF UNIVERSITY HEIGHTS, IOWA c/o City Clerk 207 Golfview Avenue Iowa City, Iowa 52240 Attest: MAA i Date: N x8 1996 FREMONT, LINCOLN & PLEASANT VALLEY FIRE ASSOCIATION Lone Tree, Iowa 50559 (As a Fire Protection Provider for the City of Lone Tree, Iowa) By: Attest: QoAnm Date: • // TIFFIN FIRE ASSOCIATION Tiffin, Iowa 52340 (As a Fire Protection Provider for the City of Tiffin, Iowa) (oZk _'A� r - By: CITY OF OXFORD, IOWA Oxford City Hall Oxford, Iowa 52322 Attes Date: CI West Branch City Hall West Branch, Iowa 52358 By: Attest: Date: CITY OF NORTH LIBERTY, IOWA North Liberty City Hall North Liberty, Iowa 52317 By:g Attest: —7YoA,,pAun 11L Date: 13, 2A CITY OF SOLON, IOWA Solon City Hall Solon, owa 52333 j By V�d Attest: Date: 0 CITY OF RIVERSIDE, IOWA Riverside City Hall Riverside, Iowa 52327 By: ; 2 Attest:] Date: KALONA VOLUNTEER FIRE DEPARTMENT Kalona, Iowa 52247 CITY OF HILLS, IOWA Hills City Hall Hills, Iowa 52235 By: Atte Date TRI -TOWNSHIP FIRE DEPARTMENT Solon, Iowa 52333 At test: i CCal I a '==z'1' I ATTACHMENTS TO CHAPTER 28E AGREEMENT FOR MUTUAL AID FIRE PROTECTION IN AND SURROUNDING JOHNSON COUNTY, IOWA CITY OF IOWA CITY, IOWA Attachment 1.1 Resolution of Authorization. CITY OF CORALVILLE, IOWA Attachment 2.1 Resolution of Authorization. Attachment 2.2 Copy of the Fire Protection Agreement between the City of Coralville and East Lucas and West Lucas Townships, Johnson County, Iowa. Attachment 2.3 Copy of the Fire Protection Agreement between the City of Coralville and the City of University Heights, Iowa. JEFFERSON-MONROE FIRE DEPARTMENT, INC. Attachment 3.1 Resolution of Authorization. Attachment 3.2 Copy of the Fire Protection Agreement between the Jefferson -Monroe Fire Department and Jefferson Township, Monroe Township, the City of Swisher and the City of Shueyville. CITY OF SWISHER, IOWA Attachment 4.1 Resolution of Authorization. CITY OF SHUEYVILLE, IOWA Attachment 5.1 Resolution of Authorization. CITY OF UNIVERSITY HEIGHTS, IOWA Attachment 6.1 Resolution of Authorization. CITY OF LONE TREE, IOWA Attachment 7.1 Resolution of Authorization. Attachment 7.2 Copy of the Fire Protection Agreement between the City of Lone Tree and the Freemont -Lincoln -Pleasant Valley Fire Association, Johnson County, Iowa. FREEMONT, LINCOLN AND PLEASANT VALLEY TOWNSHIPS, JOHNSON COUNTY, IOWA Attachment 8.1 Copy of Authorizing Minutes. CITY OF TIFFIN, IOWA Attachment 9.1 Resolution of Authorization. a (ca\ 2 Q TIFFIN FIRE ASSOCIATION, JOHNSON COUNTY IOWA Attachment 10.1 Resolution of Authorization. Attachment 10.2 Copy of the Fire Protection Agreement between the Tiffin Fire Association and the City of Tiffin, Iowa. Attachment 10.3 Copy of the Fire Protection Agreement between the Tiffin Fire Association and Clear Creek Township, Johnson County, Iowa. I Attachment 10.4 Copy of the Fire Protection Agreement between the Tiffin Fire Association and Union Township, Johnson County, Iowa. CITY OF OXFORD, IOWA Attachment 11.1 Resolution of Authorization. Attachment 11.2 Copy of the Fire Protection Agreement between the City of Oxford and Oxford and Hardin Townships, Johnson County, Iowa. CITY OF RIVERSIDE. IOWA � I Attachment 12.1 Resolution of Authorization. I Attachment 12.2 Copy of the Fire Protection Agreement between the City of Riverside and Sharon Township, Johnson County, Iowa. Attachment 12.3 Copy of the Fire Protection Agreement between the City of j Riverside and Liberty Township, Johnson County, Iowa. CITY OF WEST BRANCH, IOWA i Attachment 13.1 Resolution of Authorization, I Attachment 13.2 Copy of the Fire Protection Agreement between the City of West Branch and Scott Township, Johnson County, Iowa. Attachment 13.3 Copy of the Fire Protection Agreement between the City of I West Branch and Graham Township, Johnson County, Iowa. KALONA VOLUNTEER FIRE DEPARTMENT Attachment 14.1 Resolution of Authorization. i Attachment 14.2 Copy of the Fire Protection Agreement between the Kalona Volunteer Fire Department and Washington Township, Johnson County, Iowa. Attachment 14.3 Copy of the Fire Protection Agreement between the Katona Volunteer Fire Department and Sharon Township, Johnson County, Iowa. (D aA 3 Attachment 14.4 Copy of the Fire Protection Agreement between the Kalona Volunteer Fire Department and the City of Kalona. CITY OF NORTH LIBERTY. IOWA Attachment 15.1 Resolution of Authorization. Attachment 15.2 Copy of the Fire Protection Agreement between the City of North Liberty and Madison and Penn Townships, Johnson County, Iowa. CITY OF HILLS, IOWA Attachment 16.1 Resolution of Authorization. Attachment 16.2 Copy of the Fire Protection Agreement between the City of Hills and Pleasant Valley, Sharon and Liberty Townships, Johnson County, Iowa. Attachment 16.3 Copy of the Fire Protection Agreement between the City of Hills and East Lucas and West Lucas Townships, Johnson County, Iowa. CITY OF SOLON, IOWA Attachment 17.1 Resolution of Authorization. Attachment 17.2 Copy of the Fire Protection Agreement between the City of Solon and Big Grove, Cedar and Newport Townships, Johnson County, Iowa. TRI -TOWNSHIP FIRE DEPARTMENT Attachment 18.1 Copy of authorizing minutes. loL\ ATTACHMENT 2.1 RESOLUTION NO. _,ft 3 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF CORALVILLE A 28E AGREEMENT WITH SIXTEEN OTHER MUNICIPALITIES AND/OR FIRE PROTECTION PROVIDERS FOR MUTUAL AID FIRE PROTECTION. WHEREAS, the City of Coralville has heretofore deemed it necessary, desirable and in the public interest to establish a procedure providing for mutual aid in fire protection and fire prevention; and WHEREAS, Chapter 28E of the Cade of Iowa allows a public agency of the State of Iowa to enter into a joint agreement with other public agencies of this state to render fire and emergency assistance upon a reciprocal basis; and WHEREAS, an "Agreement for Mutual Aid Fire Protection" has been reduced to writing consisting of 11 typewritten pages which now requires execution by the City of Coralville as well as sixteen other municipalities and/or fire pro- tection providers. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Coral- ville, Johnson County, Iowa, that the Mayor and Clerk are hereby authorized and directed to execute on behalf of the City of Coralville the above described Agreement for Mutual Aid Fire Protection and the City Clerk is directed to subsequently forward the same to the City of Iowa City for subsequent execution by the other above named municipalities. PASSED AND APPROVED this day of January, 1986. M. AKTItHEE, kayor ATTEST: ARLYHANNAM, City Clerk H The above and foregoing Resolution was introduced by Council Member who moved its adoption. It was seconded by Council Member After discussion, the followina roll was called: AYES: NAYS: ABSENT: Axeen Dvorsky Fausett Holcomb VZajicek Whereupon the Mayor declared the motion duly carried and the Resolution duly adopted this Z.% day day of .... ATTEST: AKLTb HANNA14, City Clerk &Db)—\ /ATTACHMENT 2.2 f i AGREEMENT This agreement entered into this 13th day of November, 1979, by and between the City of Coralville, Johnson County, Iowa, on behalf of its volunteer fire department, hereinafter referred to as First Party, and East-West Lucas Fire District, Johnson County, Iowa, hereinafter referred to as Second Party. WHEREAS, First Party has for many years, by and through its volunteer fire department, provided fire protection service for Second Party, which had generally been based upon five-year terms or periods of time, and WHEREAS, during said terms, Second Party has in the form of consideration therefor, supplied to First Party for First Party's use various vehicles, complete with appropriate fire- fighting apparatus, and WHEREAS, in the past, at the approximate end of each five- year term a new vehicle, complete with appropriate fire -fighting apparatus, has been acquired involving the trading in or selling of an older unit, with or without various options and payment therefor as agreed between the parties, and WHEREAS, the size of Second Party as well as its legally usable funds for fire protection have been gradually decreasing through the years at the same time that the cost for vehicles with appropriate fire -fighting apparatus has been increasing through the years makes it necessary and desirable for all parties to modify the prior understanding and agreement by changing the term from five-year periods to a maximum of ten-year periods. NOW, THEREFORE, it is hereby agreed by and between the parties hereto for the mutual consideration of all parties as follows: 1. That First Party shall continue to supply fire protection service to Second Party in the same manner as has been done in many years past. 2. That Second Party shall continue to supply to First Party for First Party's use various vehicles complete with appropriate fire -fighting apparatus as they have in the past, except the basis shall now be on a maximum of ten-year periods (0�.1 t- -I -1 -f -z- of time or terms as opposed to the five-year periods of time or terms as used in the past. 3. That the parties, as in the past, shall in the future regarding the acquisition of new vehicles complete with appropriate fire -fighting apparatus, reach agreement involving various options, the trading in or selling of an older unit, and payment therefor. 4. That either party may terminate this agreement and with- draw therefrom at the end of any ten-year term by giving the other party at least ninety days' written notice thereof. 5. That as a result of past contribution, the many years of cooperation and close relationship, the Coralville Volunteer Fire Department shall in no event terminate fire protection service to Second Party solely by reason of its decreasing size or its diminishing legally available funds therefor. Signed the day and date first above mentioned. tCITOF CORALVI E EAST -WEST LUCAS FIRE DISTRICT eer Fi a epar ent byTC E, Mayor ATTEST: ,�G��AZ4 HELEN GAUT, City Clerk i T _ ATTACHMENT 2.3 t ' FIRE PROTECTION AGREEMENT This Agreement made and entered into this /N Af day of A'WZZjV 1978, by and between the City of Coralville, Iowa, hereinafter referred to as First Party, and the City of University Heights, Iowa, hereinafter referred to as Second Party. WHEREAS, First Party has a volunteer Fire Department and Second Party is In need of fire protection services; WITNESSETH: In consideration of semiannual payment by Second Party to First Party said First Party hereby agrees to furnish fire protection services including reports of fire hazards to Second Party which shall Include all property Included in the corporate limits of Second Party and the parties hereto hereby agree to the terms and conditions as follows: 1. The amount of the semiannual payment shall be derived by dividing the most recent total amount budgeted annually by First Party for its Fire Department by the most recent total First Party property tax evaluation (not Including agricultural) as prepared by Johnson County. This fioure shall be multiplied times the most recent total Second Party property tax evaluation, as prepared by Johnson County. This figure shall be multiplied times one and one half (11) and the result divided in half which shall be the amount of the semi- annual payment. 2. That said semiannual payments may be budgeted for capital improve- ment expenditures and added to the next First Party bidget for it; Fire Depart- ment. 3. That said semiannual payment shall be made on the date of the exe- cution of this Fire Protection Agreement (retroactive to January i, 1978) and thereafter on each subsequent July 1st and January 1st, said dates being the renewal dates for this Agreement. 4. That Second Party shall promptly prepare and adopt an ordinance or ordinances granting the Chief of First Party's Fire Department the necessary powers and authority that are so granted to him by First Party as set out in Chapter 10, Article I, Section 10-1 and Section 10-2; Chapter 10, Article II, Section 10-17 and Section 10-19 of the Municipal Code, City of Coralville, Iowa. 5. That this Agreement may be cancelled by either party by giving the other party a six (6) month advanced written notification by certified mail or personal delivery on a renewal date to be effective the next subsequent renewal date. 6. That this Agreement shall remain In effect for continuous six (6) month periods from January 1, 1978 until either party proceeds under paragraph 5 above to terminate the same. 7. That both parties hereto shall cooperate In encouraging the de- velopment of a volunteer Fire Department of its own by Second Party. Executed the day and year first above written. City//f Coralville First Party City of University Heights, Second Party / r 7 gyp { By C�sr4y G G,y (�� Michael Kam ee, ay�l 6r �— Mayor By City Clerk,Helen Gaut By_ d Q. City Clerk (Pit =1'L, a m RESOLUTION RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF U14IVERSITY HEIGHTS, IOWA, AN AGREEMENT WITH THE CITY OF CORALVILLE, IOWA, REGARDING THE FURNISHING OF FIRE PROTECTION SERVICES TO THE CITY OF UNIVERSITY HEIGHTS. WHEREAS, the City of Coralville and the City of University Heights have heretofore deemed it mutually beneficial and desirable to enter into an agreement whereby the City of Coralville through its volunteer fire department furnish fire protection services on an annual basis to the City of University Heights, and WHEREAS, a written document entitled "Fire Protection Agreement", a copy of which is attached hereto, has been prepared setting forth the terms, conditions and consideration for said services, which agreement has been executed by the City of Coralville. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of University Heights, Iowa, that the Mayor and City Clerk hereby are authorized and directed to execute on behalf of the City of Univer- sity Heights, Iowa, the above-described single -page agreement with the City of Coralville, Iowa. Passed and approved this� day of // , 1978• ATTEST: ' Gt. 'Lloyd A. Knowler, City Clerk. 67 James/A. Stehbens, Mayor. M11 0 RESOLUTION NO. _2221 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK. TO EXECUTE ON BEHALF OF THE CITY OF CORALVILLE, JOHNSON COUNTY, IOWA, AN AGREEMENT REGARDING THE FURNISHING OF FIRE PROTECTION SERVICES TO THE CITY OF UNIVERSITY HEIGTHS. WHEREAS, the City of Coralville and the City of University Heigths have heretofore deemed it mutually beneficial and desirable to enter into an agreement whereby the City of Coralville through its volunteer fire depart- ment furnish fire protection services on an annual basis to the City of Uni- versity Heigths, and WHEREAS, a single -page typewritten document entitled "Fire Pro- tection Agreement" has been prepared setting forth the terms, conditions and consideration for said services which now requires execution by the City of Coralville. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Johnson County, Iowa, that the Mayor and City Clerk hereby are authorized and directed to execute on behalf of the City of Coralvllle the above-described single -page agreement with the City of University Heigths. rt rt rt rt rt rt s4 rt Passed and approved this _ day of /✓c /ti' 1916• I I ( A'12 116t, �CHAEL KATTCHEE,Mayor ATTEST: HELEN GAUT,.City Clerk (O�L ATTACHMENT 3.1 RESOLUTION 110. RESOLUTION AUTHORIZING THE BOARD CHAIRPERSON TO EXECUTE AND THE BOARD SECRETARY TO ATTEST A 28E AGREEMENT AMONG THE JEFFERSON-MONROE FIRE DEPARTMENT, INC., IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the Jefferson -Monroe Fire Department, Inc., Iowa, has negotiated the attached 2BE agreement with the otber cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSON -MONROE FIRE DEPARTMENT, INC., IOWA: 1. That the -Board Chairperson is hereby authorized to execute and the Board Secretary to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved' by .904 and seconded by 7_eje 1Y 1477,'/,' the Resolu ion De adopted, an upon roll call there were: AYES: NAYS: ABSENT: Q Y =.Z /f< (, A! 60Q Passed and approved this �;O day of U-UN17 , 1986. BOARD VAiKFhKb ATTEST: BOARDS RETARY X671,44 (0-0 I Q f ITTACHMENT 3.2 1 I FIRE PROTECTION SERVICE CONTRACT E%TENSION ti. The undersigned parties in order to extend for an additional five (5) years the fire protection service contract entered into in June of 1968 and extended in 1974 for an effective =1 termination date of July 11 1983 and in order to continue ment to protect the maintenance of ari effective fire depart the citizens and their property'in Jefferson and Monroe Townsihp, Johnson County, Iowa, hereby express their understanding'. t to extend the service contract for an additional and agreemen five (5) years, until July 1, 1988 to provide for the extension of the fire protection agreement. 1 The parites hereby wish to amend the original Fire Protection Service Contract by amending the amount of the annual budget to state as follows: However in no event shall the annual budget requirements submitted by the Jefferson -Monroe Fire I Department be in excess of 40.50 per thousand dollars of assessed value of the taxable property in the townships excluding any property within the corporate limits of the City of Swisher and the City of Shueyville plus the additional amount reflected for the Fire Protection Service Contract to the City of Swisher and to the City of Shueyville. Be it therefore remembered and agreed that the original service contract entered into in June of 1968 between Jefferson - Monroe Fire Department and the Jefferson Townbhip, Monroe Township, the City of Swisher, and the City of Shueyville, Iowa, and extended in 1974 for an additional five (5) years period until July 1, 1983 is hereby extended for an additional five (5) year period under the full terms and conditions of the original service contract, except as modified above with regard to the annual budget. LIiA r RESOLUTION BE IT RESOLVED by the members of the Board of Directors of the Jefferson -Monroe Fire Department that the fire protection provided under a service contract provided to the following named recipients, entered into in June of 1968, and extended for a five year period to July 1, 1983, should be extended for an additional five year period to terminate July 1,, 1988 i pursuant to the attached "Fire Protection Service Contract Extension". These services shall be provided to the following recipients; Jefferson Township, Johnson County, Iowa; Monroe Township, Johnson County, Iowa; Town of Shueyville, Johnson r County, Iowa; Town of Swisher, Johnson County, Iowa. Dated this 2 % day of male 1983. 1 JEFFERSON-MONROE FIRE DEPARTMENT BOARD OF DIRECTORS MEMBERS Z\ RESOLUTION BE IT RESOLVED that the Trustees of the Jefferson Township do hereby elect and deem it advisable and advantageous and therefore enter into a7i extension of the contract with the Jefferson -Monroe Fire Department initially signed in June of 1968 and extended in 1974 for termination on July 1, 1983, whereby the Jefferson Township is the recipient of fire protection service and pay for the aforesaid service according to the terms and conditions as set out in the initialcontract and pursuant to the extension of that contract which is attached hereto. BE IT FURTHER RESOLVED by the Trustees of Jefferson Township that the Jefferson -Monroe Fire Department shall continue to serve as the organization providing the necessary fire protection to the property and residents of Jefferson Township and the Trustees are hereby authorized to and do hereby enter into the Extension of the "Fire Protection Service Contract" to receive the aforesaid fire protection service for an additional five (5) years through July 1, 1988, according to the terms and conditions of the extension contact and agreement attached hereto as set forth. Dated this �Vday of �L{/V 1983. JEFFERSON TOWNSHIP TRUSTEES. RESOLUTION BE IT RESOLVED that the Trustees of the Monroe Township do hereby elect and deem it advisable and advantageous and therefore enter into an extension of the contract with the Jefferson -Monroe Fire Department initially signed in June of 1968 and extended in 1974 for termination on July r, 1983, whereby the Monroe Township is the recipient of fire protection service and pay for the aforesaid service according to the terms and conditions as set out in the initial contract and pursuant to the extension of that contract which is attached hereto. BE IT FURTHER RESOLVED by the Trustees of Monroe Township that the Jefferson -Monroe Fire Dbpartment shall continue to serve as the organization providing the necessary fire protection to the property and residents of Monroe Township and the Trustees are hereby authorized to and do hereby enter into the Extension of the "Fire Protection Service Contract" to receive the i aforesaid fire protection service for an additional five (5) years through July 1, 1988, according to the terms and conditions of the extension contact and agreement attached hereto as set forth. Dated this day of 1983. MONROE TOWNSHIP TRUSTEES. i o. _,Jl U RESOLUTION BE IT RESOLVED that the City of Shueyville does hereby elect and deem it advisable and advantageous and therefore enter into an extension of the contract with the Jefferson -Monroe Fire Department initially signed in June of 1968 and extended in 1974 for termination on July 1, 1983, whereby the City of Shueyville is the recipient of fire protection service and pay for the aforesaid service according to the terms and conditions as set out in the initial contract and pursuant to the extension of that contract which is attached hereto. BE IT FURTHER RESOLVED by the City of Shueyville that the Jefferson -Monroe Fire Department' shall continue to serve a.s the organization providing the necessary fire protection to the i property and residents of City of Shueyville and the City Council is hereby authorized to and does hereby enter into the Extension of the "Fire Protection Service Contract" to receive the aforesaid fire protection service for an additional five (5) years through the terms and conditions of the _July 1, 1988, according to extension contact and agreement attached hereto as set forth. Dated this 28th day of June , 1983. CITY OF SHUEYVILLE i Robert J. Ruth, Mayor • p� -• T 1 s T Simmonds. Cit�yQ�Cl�erk .. a U RESOLUTION BE IT RESOLVED that the City of Shueyville does hereby elect and deem it advisable and advantageous and therefore enter into an extension of the contract with the Jefferson -Monroe Fire Department initially signed in June of 1968 and extended in 1974 for termination on July 1, 1983, whereby the City of Shueyville is the recipient of fire protection service and pay for the aforesaid service according to the terms and conditions as set out in the initial contract and pursuant to the extension of that contract which is attached hereto. BE IT FURTHER RESOLVED by the City of Shueyville that the Jefferson -Monroe Fire Department' shall continue to serve a.s the organization providing the necessary fire protection to the i property and residents of City of Shueyville and the City Council is hereby authorized to and does hereby enter into the Extension of the "Fire Protection Service Contract" to receive the aforesaid fire protection service for an additional five (5) years through the terms and conditions of the _July 1, 1988, according to extension contact and agreement attached hereto as set forth. Dated this 28th day of June , 1983. CITY OF SHUEYVILLE i Robert J. Ruth, Mayor • p� -• T 1 s T Simmonds. Cit�yQ�Cl�erk RESOLUTION �3�J BEIT RESOLVED that the City of Swisher does hereby elect and deem it advisable and advantageous and therefore enter into an extension of the contract with the Jefferson -Monroe Fire Department initially signed in June of 1968 and extended in 1974 for termination on July 1, 1983, whereby the dity of Swisher is the recipient of fire protection service and pay for the aforesaid service according to the terms and conditions as set out in the initial contract and pursuant to the extension of that contract which is attached hereto. BE IT FURTHER RESOLVED by the City of Swisher that the Jefferson -Monroe Fire Department shall continue to serve as the organization providing the necessary fire protection to the property and residents of City of Swisher and the City Council is hereby authorized to and does hereby enter into the Extension of the "Fire Protection Service Contract" to receive the aforesaid fire protection service for an additional five (5) years through July 1, 1988, according to the terms and conditions of the extension contact and agreement attached hereto asset forth. Dated this 2.q_day of 7,,�.�=_, 1983. CITY OF SWISHER i • Ma cr ' JCA- Attest: City clerk (09L\ ATTACHMENT 4.1 RESOLUTION NO. 8604 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 2BE AGREEMENT AMONG THE CITY OF SWISHER, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Cade of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the City of Swisher, Iowa, has negotiated the attached 2BE agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SWISHER, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by Beard and seconded by Fisher the Resolution be aaopted, and upon roll call there were: AYES: NAYS: ABSENT: Milke x Wehr x Eden x Beard Fisher x Potter Passed and approved this 14th day of April 1986. MAY( R ATTEST: OVez-t Q CITY CLEM (61�.k =A r - ATTACHMENT 5.1 RESOLUTION N0. ►Y'Yn H <,• f 8 6 — RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ANDD THE CITY CLERK TO ATTEST A 2BE AGREEMENT AMONG THE CITY OF SHUEYVILLE, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the City of Shueyville, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHUEYVILLE, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by etc Q, 7 and seconded by the Resolu ion be agopteg, ano upon roll call there were: AYES: NAYS: ABSENT: Grabe —L Bys Cisar Ruth — Frisch Siversten Passed and approved this day of _ /9t CCN_ 1986'. V MAYOR 1 ATTEST:4&K7 Itt/CiIO ,J[•izv,�i il� j, K v I 63\ 63\ o, r - ATTACHMENT 6.1 RESOLUTION AUTHORIZING THE MAYOR PRO TEM TO. EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT AMONG THE CITY OF UNIVERSITY HEIGHTS, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or author- ity exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and author- ity; and WHEREAS, the City of University Heights, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF UNIVERSITY HEIGHTS, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by and seconded by the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: * Laube Novick _ Schottelius Yarbr ug Passed and approved is 131 da f 1986. QMAYOR 1 ATTEST: ,torir�iv _ E C (0;0 =l4 r - ATTACHMENT 7.1 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT AMONG THE CITY OF LONE TREE, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equiment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the City of Lone Tree, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LONE TREE, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall' be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by ['L,Q// and seconded by the Resolution be adopted, Aiff upon roll call there were: AYES NAYS ABSENT vX Eckhoff Less x Goos XSlaughter Shanklin PaRRed and approved this T'5 day of i 1986. MAYOR ATTEST: 'CITY CLERK // I 4, r - ' ATTACHMENT 7.2 AGREEMENT THIS AGREEMENT is entered into this - (_day of 1986, by and between the city of Lone Tree (" i,_y") and the Fremont -Lincoln -Pleasant Valley Fire Association ("Association"). WHEREAS, City and Association had entered into a prior oral agreement whereby Association provided fire protection services to the property and residents of City, and WHEREAS, the Association is organized for the purpose of providing fire protection services to the townships of Fremont, Lincoln, and Pleasant Valley, and to the City of Lone Tree, and WHEREAS, City and Association now desire to formalize that prior agreement and reduce it to writing, and NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto for the mutual consideration of all parties as follows: 1. This agreement shall commence when it is signed by agents of the parties. 2. This agreement shall continue automatically unless terminated by either party by giving notice in writing to the other party ninety (90) days in advance of the requested termination date. 3. The Association shall provide fire protection service to the citizens and property of the City. 4. The Association's Board of Directors shall include one City Council member chosen by the City Council, who shall have the same voting rights as the other Directors. 5. The City shall provide: a) a site for the building, b) funds for one-third (1/3) of the costs of heat, lights, telephone, janitorial services, and maintenance of the Association building, c) funds for all helmets, coats, and all other individual fire equipment used by fire fighters volunteering their services to the Association, d) funds to insure, maintain, and repair a city fire truck titled in City's name and hose for that fire truck, e) 1/3 of the funds necessary to purchase and maintain First Responder vehicles (number 98 and 99), and f) a $1 million umbrella liability insurance plan and (01, W) b, r- workers compensation insurance coverage for and in the name of the Fremont -Lincoln -Pleasant Valley Fire Association and all volunteer firefighters serving it. 6. The Association shall provide to the City Clerk prior to the June City Council meeting each year, an itemized list of actual expenses for the past year and proposed expenses for the upcoming year. If the City Council approves the budget expenses at its June meeting the City Clerk shall pay the City's contribution to the Association on or before July 1, If the City Council does not approve the budget, the Association shall resubmit its budget to the City Clerk before the July City Council meeting, and the Association Board of Directors Chairperson shall attend the July City Council meeting in order to negotiate the City's contribution. If the City Council does not approve the budget in its July council meeting, this Agreement shall terminate after ninety (90) days. 7. The Association shall be responsible for a) the maintenance of all fire protection equipment. b) funds for two-thirds (2/3) of the costs of heat, lights, telephone, janitorial services, and maintenance of the Association building, and c) two-thirds (2/3) of the funds necessary to purchase and maintain First Responder vehicles (number 98 and 99) 8. The Association shall be responsible for State Fire Reports, Annual State Fire District Reports, fire inspections, and investigations. Fremont -Lincoln -Pleasant Valley Fire Association Cecil Hotz Board of Directors Chairperson City of Lone Tree fr w ,art Hill Mayor (D ZL \ ATTACHMENT 8.1 OFFICIAL MINUTES OF THE Fremont, Lincoln, and Pleasant Talley Township Trustees July 10,,1986 A meeting of Fremont, Lincoln, and ?leasant 'Dalley Township Trustees was held concerninv fire protection. The meeting was called to order by Cecil Hotz, Chain an, at 7:07 p.m. Persons Present: Dave Meyer Archie 9uline Gerald Forbes rMaureen 9raddock, L.T. City Attny. Louis Sexton Mary McCollin, Co. Attny. Office 'Cecil aotz Charles Donham Term Kruse Don {letup Ron Waldschni.tt Steve 3othel Mark Kregel Tom Lacina Jim 9uline Claire Goos i An agreement from the city was presented concerning fire protection. After a discussion, it was decided a few minor changes would be made, and then the city and Fire .association :would sign the agreement. i Cecil Hotz, Trustees Chair. Richard .Jollrab, Fire Department Trustee I (Oak ATTACHMENT 9.1 RESOLUTION NO. 1985-16 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT AMONG THE CITY OF TIFFIN, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the City of Tiffin, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIFFIN, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. i 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. I It was moved by Morgan and seconded by Stevens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I Potter :ac Spivey i xx Runge xx Morgan xx Cox xx Stevens j I Passed and approved this 11th day of December 1985. � J2 61Z RAYOR ATTEST: 10D_\ r ATTACHMENT 10.1 RESOLUTION AUTHORIZING THE BOARD CHAIRPERSON TO EXECUTE AND THE BOARD SECRETARY TO ATTEST A 28E AGREEMENT AMONG THE TIFFIN FIRE ASSOCIA- TION, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOIIA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the Tiffin Fire Association, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid. protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE TIFFIN FIRE ASSOCIATION, IOWA: 1. That the Board Chairperson is hereby authorized to execute and the Board Secretary to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by164;,(7,p6"te. and seconded by ,K„�2,Q J,V u J the ResolUEl n e adop e , and upon roll call there were: AYES: NAYS: ABSENT: r 0 ly Passed and approved this _ day of ,, nn, Iwo. BOARD CHAIRPERSON ATTEST: �.t f� &R I A'LTACHMENT 10.2 ACRI:I:t•IHNT FOR 1:1 RE Fltl)I'FGI'IoN SIdWICES I k(e t'1 den Ul ii t/J.J% i 1/s/sl This Agreement is made on this 11thday of Fnbrij7 1981, by and he Ureun the 'Tiffin lire Assuciatiuu, it nouprolit cut- poration, under the provisions of (:hapter 504 of the COLIC Of.lOwn, and the City of Tiffin .— .'file 'Tiffin Fire Association and the City of Tiffin in consideration of the mutual covenants hereinafter set forth, agree as follOWS : 1. The 'Tiffin Fire Association, 1'01, the consideration here- inafter described, agrees to respond, upon proper notification, to qj.l fire calls in said City of Tiffin._— .—.----- ' . and provide equipment and personnel to attempt to abate and control fires; however, the 'riffin Fire Association reserves the absolute right to decide the amount of equipment and.personnel required to abate and control any fire. 2. The Tiffin Fire Association specificnlly agrees and under- stands that, in the event the fire cquipmeni and personnel of the Tiffin Fire Association is engaged in nhnting and controlling another fire previous to and at the time of any such fire or fires in the said City of Tiffin _ _ or if the Tiffin hire Association iS Pteveutud from respunding to such call because of nwchanic;ii failure or any cnusc beyond file cuntrol of the Association, it, shall not be re>ponsihle in any manner fur not responding to such Circ call and the City of Tiffin _ agrees to scrt'c and hold harmless the Association from any claims or causes of notions and damages for failing to respond to such fire call under those circumstances. Nottcithstnnding the foregoing, the 'Tiffin Fire Association docs undertake and agree to make every reasonable effort to respond to said fire calls and to furnish equipment and personnel within its capacity'- 3. The Tiffin Fire Association, and the City of Tiffin It r -z- agree that each shall use its best Offorts-to obtain aalditional aid from other fire departments in IIt(, 1,icinity of the lire. 4. The 'I'iI l'in 1:ire A:;suc ial ion, amt Ihu dlfy of ru't'la agree that should t%,o or more fires occur :It oils time i:ithi'n the areas for t.•hich,the Association is obligated by jaw or contract to provide fire protection, the Association shall lune the sole discretion in determining where its equipment and personnel Shall be used and in %chat proportions. 5. 'Phis ,lgrecment shall be in full force and effect for a period of five years from the date of this agrccanent. This Agreement shall be automatically extended for additional periods of five years unless at least 91) days prior to expiration of any five year term, either party notifies the other, in writing, of its intention to terminate. The City of Tiffin G• __ -_--- ---�— agrees to pay and provide to the Tiffin' Fire Association in consideration for the fire protection services to be provided by the Association during the term of this agreement, an amount cqu;il to that sum pro- duced by a Ilial estate tax levy of forty and one-half cents per one i thousand dollars of assessed valuat-ion within the taxing; Jurisdiction of the said City of Tiffin 'That :1111ount shall he due and payable upon such reasotablo schedule os is agreed to by the parties reflecting the actual collection of laxvs. 7. In addition, the City of Tiffin agrees in cunsidcration fur the fire prolucLion �c•rvicos to be provided by the 'Tiffin F.iro Association, to provide to the Association those items, :services and/or :n:::ount.s as shown on the attached ad- dendum which is made a part of this Agreement. Dated this 11th day 'of February 19 81 I TIFFIN FIRE ASSCCIA'rloN By:y By:' •c' "'1 t1AYOR`ICITY OF TIFFIff 6 7 _ � By: O1 � )r"e16• L �/ l ti By: /_�L� —Y� L� 5ecii Lary CLERK -TREASURER, CITY of TIFFIN Wi e. �=14, acvI:Cd Draft ATTACHMENT 10.3 AGI,'IiliAll:N'1' FOR FtRF PROTECTION SKIWICFS ..i k( c *]'his Agreement is made on this day of 1981, by and between the Tiffin Fire Association, a nonprofit coo , proration, under the provisions of Chapter 504 of the Code of Iowa, and ____ ..__...1'-�ia2�_.::%i.�•�---'-',.,:_::...:.. The 'fiffin Fire Association and �•: n+• ,',,•.. �',_,r:.r,,,, __..._•_—__ in consideration of the mutual covenants bcrcinaftor set forth, agree as folloi,•s: I. The Tiffin Dire Association, for the consideration here- inafter described, :,grecs to respond, ullon proper notification, i to all fire calls in said _ _ �+'S nrt�_ G't'r •:c.rE . ''!�-x.r. z•'�_-s � i and provide equipment and personnel to attempt to abate and control fires; however, the Tiffin Fire Association reserves the absolute right to decide the ntnount: of equipment and personnel required to abnto and control. any fire. 2. The Tiffin Fire Association specifically agrees and under- j i stands that, in the event the fire equipment and personnel of the Tiffin Fire Association is engaged in abating and controlling another fire previous to and at the time of any such fire or fires in the said/ tS; �.c.::i�r,..r�!:cfs_._._.---- or if the Tiffin Fire Association is prevented From responding to such call becauso of mechanical failure nr any cause beyond Ilne con I.roI of the Association, it shall not be responsible in any manner for not responding to such fire call and °,..., ,,.• agrees to snre and hold h;n•mless the Association from any claims or causes of actions and d;nnages for failing to respond to such fire call under those cirrnristances. `(utwiLliatanding the foregoing, the Tiffin Fire Association does undertake and agree to make every reasonable effort to respond to said fire calls and to furnish equipment and personnel within its capacity. 3. The Tiffin Fire :Association, and oC, r - agree that each shall use its best efforts to obtain additional aid from other fire departments in the vicinity of the fire. A. The Tiffin Fire Association, and 61,ee agree that should two or more fires occur at one time within the areas for iahich the Association is obligated by laic or contract to provide fire protection, the Association shall have the sole discretion in determining ,There its equipment and personnel shall be used and in khat proportions. s. This Agreement shall be in full force and effect for a period of five years from the date of this agreement. This Agreement j shall .be automatically extended for additional periods of five years 1.untess at least 90 days prior to expiration of any five year term, either party notifies the other, in writing, of its intention to terminate. i 6. il-At•>—G�yt agrees to I, pay and provide to the Tiffin Fire Association•in consideration i for the fire protection services to be provided by the Association i I during the term of this agreement, an amount equal to that sum pro- duced by a real estate tax levy of forty and one-half cents per one thousand dollars of assessed valuation within the taxing jurisdiction of the said rl,,,;� f/�;,;r�:.! trra%�._� . That amount shall be due and' paynhlc upon such roa::on:iblc schedule as is agreed to by the parties -reflecting, the actual collection of taxes. 7. In add i t inn, i i agrees in consideration for the fire protection services to he i provided by the Tiffin Fire association, to provide to the Association i tl+ose items, services and/or anounts as shown on the attached ad- dendum which is made a part of this Agreement. �r Dated this I� day of `yG z, , 19,J,/. TIFFIN FIRE ASSOCIATION BY: fres iJ-eat—" c�etary y7 (PD_ 1 _1k. r ATTACHMENT 10.4 1/5/81 AGREDIENT FOR FIRE PRO'1'f•.CTlON SERV1CIiS This Agreement is made on this % day of 1981, by and between the Tiffin Fire Association, a nonprofit cor- poration; under the provisions of Chapter 504 of the Code_ of Iowa, and--...(•��/ �_LI.1. _..._./ t} ._Lu.lsj�l t .> 'file 'Tiffin Fire Association and (f/ (: 1L—.-Iat_�= in consido•ation of the nutual covenants hereinafter set forth, agree as follows: 1. The 'Tiffin Fire Association, for the consideration here- 1, f inafter described, agrees to respond, uponrlu•oper notification, '.i 6 tFY to all' fire calls in said z(�LCi./__�/� and' provide equipment and persohnol to attempt to ahate and controP fires; however, the 'Tiffin Firc Association reserves the absolute I right to decide the amount of equipment and personnel required to I abate and'control any fisc. 2. The Tiffin lire Association specifically agrees and under- stands that, in the event the fire equipment and personnel of.the Tiffin Fire Association is engaged in abating and cnntrolling another 1, fire previous to and at the time of any such fire or fires in the said ` 1 !11 -1 or if the Tiffin Fire Association is prevented from responding to such call hecause or mechanical failure or ;any causo beyond the control of • 'R 'the Association, it shall not be responsible •m•any m;rnner for not resnondiag to snt:h fire call and fl:.f'• .1'�+ '. agrees to Save and hold h;n•mless the Association from nny claims or causes of actinns•:nul dm:cliles for failing to respond to such fire i call under those circn:aslnnces. Notwithstanding the foregoing, i i the Tiffin Fire Association docs undertake and agree to make every reasonable effort to respond to said fire cnlls and to furnish equipment and personnel n�iihin its capacity. �— �. Tho lil'fin Piro Ac••;oviatiot, hnd�///•: / /v"!%��,����J a -T-49 i a, -f -z- agree that each shall use its best efforts to obtain additional aid from other fire departments in the vicinity of(the fire. 4. The Tiffin Fire Association, andmLjrl,•1 /C2izz�)��4-y agree that should two or morti fires occua• at one time within the areas for %,hich the Association is obligated by law or contract to provide fire protection, the Association shall have the sole discretion in determining where its equipment and personnel shall be used and in what proportions. S. This Agreement shall he in full 'force and effect for a period of five ;-cars from the date of this agreement. This Agreement shall'hc nutomaticnlly extended for additional periods of five years unless at least 90 days prior to expiration of any five year term, I either party notifies the other, in writing, of its intention to terminate. C^ i 6. _ (:/7]!S_',���-�u,k S t r {-' __ agrees to pay and provide to the Tiffin Fire Association* in consideration i for the fire protection services to be provided by the Association during the term of this agreement, an amount equal to that sum pro- j duced by a real estate tax levy of forty and one-half cents per one thousand dollars of assessed valuation within the taxing juriSd.iCtiOT of the snide(()_iW.,_jv.w't-,,jt!'r.-.---- That amount shall be due and, ` payable upon such reasonable schedule as is agreed to by the parties' I -reflecting the actual collection of taxes. C, I 7. In addition, .. C I • • l_ agrees in consideration for tho fire protection services ,to be provided by the riffin Fire :Association, to provide to the Associatir those items, services and/or amounts as shown on the attached ad- dcndum which is made a part of this :Agreement. Dated this /I/ day of _S'«I , ]9. 'fll'FIN FIRE ASSOCIATION By 0). lam' ! ,L! �•' ln�`� 1l 7� ' • 7'resi�ent � `/i By SeC� ary ) ��1 r ATTACHMENT 11.1 RESOLUTION NO. D p :3 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT AMONG THE CITY OF OXFORD, IOVA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the City of Oxford, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OXFORD, I011A: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by 6Vvc non and seconded by ea /k the Resolution De aoopteo, ana upon roll call there ere: AYES: HAYS: ABSENT: Saxton Hennes Kali ler Scheetz Stockman K Tomas Passed and approved this 2411-4— day/off dr 1986 MAYOR ATTEST:)91.j CITVERK i (o ZL.1 _1k � r K1. ATTACHMENT 11.2 :TRF 1=RGTECTI0;1 AGREEFIEiJT Ccs -v l�� arct G This ALraecler.t •+nt^red i :tn by : nd bnt•,;e,on the Town Council ni' Oxford, Inw^, the Trueteer cf. O)for:: To:n chip rnr. tho Truatees of 1P rdin To,+nchip all in Johnson Cr•unty, St' t( •.f Icor: WHER&tS, t':e Tn-ns,iipr of Oxford T:.•,:uchip rnd Hardin Township hive levied taxes for the ;uru••ae of fire prntection, rrd WHEREAS, it is the desire of the parties of this agreement -F0 share the cost of said fire protection in the following manner: NOW,THEREI'X)I?E, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES 1. That the Townships of Oxford Township and Hardin Township shall pay over annually to the Town of Oxford, tax money received by each for fire protection in their respective townships, which shall be in the following amounts: A) Oxford Township $4,000.00 B) Hardin Township $3,800.00 C) City of Oxford $3,200.00 This total amount of 011,000.00 shall be collected by the City of Oxford and be placed in a Fire Protection Fund. 2. It is further agreed by and between the parties that there shall hereby be established a three - man Board which shall be composed of one representative from the Oxford Township Board of Trustees and one representative from the Hardin Township Board of Trustees and one representative from the Town Council of Oxford, Iowa. This Board shall hereafter be knawn as a Fire Protection Board. 3. It is agreed by and between the parties that the Town of Oxford, Iowa, shall disburse the money placed in said Fire Protection Fund only for the purposes of Fire Protection, for the benefit of Town and Townships named above. 4. It is further agreed by and between the parites that the money shall be expended from said Fire Protection Fund only with the advice and consent of said Fire Protection Board, and that no money shall be disbursed from said fund without first obtaining the•consent and approval of the Fire Protection Board. 5. It is further creed by and between the parties that said Fire Protection Fund nha'll be disbursed aniy for the purpose of providing Fire Protection far tl:a T.::n :t Oxf:rd, Iowa, Orford Township, and (02' � a, _2_ Hardin Township, by providing necessary fire protection equipment, and necessary support and maintenance for its operation. 6. It is further agreed that this agreement shall continue in full force and effect for five (5) years for November 1, 1980 to November 1, 1985. 7. Dated at Oxford, Iowa, this_ day of February, 1981. HARDIN TOWNSHIP By:_ Ga �at By: _ Trustee By.& Trustee By:1� Trustee TOWN OF OXFORD IOWA By: 4ayor J C lerl —v� ATTACHMENT 12.1 RESOLUTION NO. Sip" 0(40 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTESTA 28E AGREEMENT AMONG THE CITIES IRIVERSIDE, AND INDEPEN ENT FIREDISTRICTSTY OF ItIJONSON'ACOUNTY, IOWAAND ' OTHER , FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies i would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and i WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and I authority; and WHEREAS, the City of Riverside, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF RIVERSIDE, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2 beafilednwithcution allthe SecretarypoftStateor and�ecoagreement, wihthe theJagreement shall Johnson County Recorder. It was moved byand seconded by the Resolution be aeopted, ano upon roll call there were: AYES: NAYS: ABSENT: x >_ mss_ Passed and approved this `> day of i 1986. Y ATTEST: 403,\ "' ATTACHMENT 12.2 AGREEMENT THIS AGREEMEAT made and entered this=17t•.hday of March , 1984, by and between the Riverside Community Fire Department Board and Sharnn Twn.-,lnhnKnn Minty WHEREAS, the township trustees of Sharon Township, Township trustees of Highland Township, Iowa Township, and the Town Council of Riverside, Iowa, have organized a Community Fire Department and have authorized the Community Fire De- partment Board to enter into a contract to provide fire protection to other areas and to set rates therefore, and, WHEREAS: Sharon Township - Johnson County, Iowa desires to acquire fire protection services from the Riverside Community Fire Department Board, el IT IS THEREFORE AGREED AS FOLLOWS: 1. The Community Fire Department of Riverside shall provide Lire protert.ion service in Sharo—Township ' for the prrit;d comcrvciru, July 1, 1983 and ending June 30, 1984 for the following described area: Four Sections in South East Jphnson County Iowa. 2. That the manner of payment to the Riverside Community Fire Departmer.i. Board shall be as follows: $500.00 per year, paid as an annual payment following the march meeting of the trustees. Yhat aaditional provisions of this contract are as follows: This agreement shall automatically renew on an annual basis unless specifically revoked by either party, on 30 days notice. '4. That the Riverside Community Fire Department will service all of • I Sharon Township on a Mutual Aid Agreement. Township Trustees Community Fire. Denartment B..ard r D w -n chn r an r. � u-sl�n .,n ir.�• /scare aryy l/1•c ems: Y s-' .:�ts..e... � - G �_k Q _'A� o, r - ATTACHMENT 12.3 AGREEMENT THIS AGREEMENT made and entered this 27th day of Marcha,�d bEtween the Riverside Community Fire Department Board and er y Township and WHEREAS, the township trustees nt' Liberty Township, Township tr,.ctev: of Highland Township, Iowa Townnhip, and the Town Council of Riverside, Iowa, i have erganizea a Community Fire Department and have authorized the Community Fire Dc- parts.ent Board l,- enter into a contract to provide fire protection to other areas and teVNWMGB therefore, and, WHEREAS: Liberty Township desires to acquire fire protection services from the Riverside CommunityFire Department Board. IT IS THEREFORE AGREED AS FOLLOWS: n 1. The Community Fire Department of Riverside shall provide fire protection service in Liberty Township _-for the period commencing June 30 1984 and ending — June 40. 1985 ThI.S contract will continue from ,year to year until changes are made by She ConmuniI.y Fire DFpartment ur the Trngf.n Pr T.4u__�._ ._._ 2. That the manner of payment, to the Riverside Community -Fire Department Beard shall be as :'ollbws: One thousand Five hundred (1500.00) dollars payment in protection full en new fire truck. Liberty township ip agrees to pay five hundred dollars ($500.00) a year fir fire in Liberty trwnship, 3• That additional provisions of this contract are as follows: 4. That the Riverside Community Fire Department will service all of Libe� Township on a Mutual Aid Agreement. 'township Trustee:: Community Fir Department Boarr;.' Bl' G»...y,�,v BY L_.; 6tec chairma w secretary m �• y e /)� `2 rens+ r r .,.j' tom- -ciF auk -I 694ATTACHMENT 13.1 RESOLUTION NO. 254 April 21, 1986 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT AMONG THE CITY OF WEST BRANCH, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below-desscribed 28E agreement; and WHEREAS, Chapter 28E Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHERAS, the City of West Branch, Iowa, has negotiated the attached 28E ((� agreement with the other cities and independent fire districts, as named in said agreement, for mutural fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WEST BRANCH, IOWA: 1. That the Mayor is hereby authorized to excuse and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder . Passed and approved this 21st day of April, 1986. %7 nA // Ig ATTEST -� L:[A/ May r- Maxine Maher Mildred Be ler Clerk r, ATTACHMENT -13.2 AGREEMENT This Agreement entered into in accordance with and under the provisions of Chapter 28E'of the 1975 Code of Iowa on this 27ti, day of January , 1983, between the City of West Branch , hereinafter known as the "providing agency" and the Board of Trustees of Scott Township, xgr,(kx County. Iowa, hereinafter referred to as "Township." Johnson WITNESS: WHEREAS, one of the purposes of the providing agency is to provide certain persons and areas with fire protection, and WHEREAS, the providing agency is willing and able to provide fire protection to the Township and the Township deems it in the best financial and economic interests of Scott Township that said protection be provided by the providing agency to the Township for the safety and welfare of its citizens and inhabitants. IT IS, THEREFORE, AGREED AS FOLLOWS: 1, PURPOSE. The purpose of this Agreement is to provide fire protection for Scott Township or that portion thereof as set forth on t e m a en uattached to this Agreement, said protection to be provided by the "providing agency." 2. DURATION OF AGREEMENT, This Ag eement shall be effective from the date of signing to July 1, 19 '', and shall automatically renew for one year for each year thereafter until notice be given by either party of its termination on or before April 1 of the year of renewal date, in writing, or unless terminated by mutual agreement of the parties. This Agreement becomes effective on the date of signing by the parties. 3. DUTIES OF PROVIDING AGENCY. The providing agency shall In accordance with the terms and provisions of this Agreement, provide fire protection to the property shown on the addendum attached hereto as shall be sufficient for the Township to comply with the provisions of Section 359.42 of the 1975 Code of Iowa, as amended. Said duties shall include the providing of equipment and manpower for fire protection and responding to calls and needs in the providing of said protection in the areas covered by this Agreement. 4. CONTROL BY PROVIDING AGENCY. All equipment and manpower utilized by the providing agency for the fire protection agreed to herein shall at all times be under the direction and control of the Chief of the providing agency or of the Officer in charge. 5. FINANCIAL PROVISIONS. The Township shall pay the providing agency on or before July 1, 19YY, the sum of $v 5 which shall be for the period commencingg on the date o t s Agreement and running to July 1, 19 and $ on or before the 1st day of each July thereafter during the duration of this Agreement for each succeeding twelve month period commencing July 1 through June 30, of each year. 6. INDEMNITY. The providing agency agrees to indemnify and hold harmless the Township, its agents or employees, from and against all loss or expense (including costs and attorney's fees) by reason of liability imposed by law upon the Township, the agents or employees for damage because of bodily injury, including death at any time resulting therefrom by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in consequence of the performance or non performance of the "providing agency" whether such injuries to persons or damage to property is due or claimed to be due to the neglience of "providing agency", Township, or the agents or employees of either, except only such injury or damage as shall have been occassioned by the sole neglience of the Township, its agents or employees. (oa..1 —f —,A1 r 7. INSURANCE. The providing agency agrees that during the term of this Agreement, it shall at its own expense purchase and maintain the following insurance in companies properly licensed and satisfactory to Township, and also file copies of such insurance contracts with Township: A. Public Liability: Including coverage for direct operations, independent contractors, contractual liability, and completed operations, with limits not less than: 1. Bodily Injury Liability $100,000.00 each person $300,000.00 each occurrence 2. Property Damage Liability - $100,000.00 each person $100,000.00 aggregate B. Workmen's Compensation: Including employers liability in accordance with the Workmen's Compensation Laws of the State of Iowa. This Agreement made and entered into this 27th day of January , 19 83 shall be recorded in accordance with the provisions of Chapter 28E of the 1975 Code -of Iowa. City of West Branch ayo d��- TownA p by Trustee U by /� arf .t � n Trustee Attest yt)V" ed,(eta cs by C� e1K Trustee 9 (4. ATTACHMENT 13.3 AGREEMENT a This Agreement entered into in accordance with and under the provisions of Chapter 28E of the 1975 Code of Iowa on this 27th— day of January , 1933 , between the City of West Branch hereinafter known as the "providing agency" and the Board of Trustees of Graham Township, Cedar Countv, Iowa, hereinafter referred to as "Townshin." WITNESS: WHEREAS, one of the purposes of the providing agency is to provide certain persons and areas with fire protection, and WHEREAS, the providing agency is willing and able to provide fire protection to the Township and the Township deems it in the best financial and economic interests of Graham Township that said protection be provided by the prov ink g agency to the Township for the safety and welfare of its citizens and inhabitants. IT IS, THEREFORE, AGREED AS FOLLOWS: 1. PURPOSE. The purpose of this Agreement is to provide fire protection for Graham Township or that portion thereof as set forth on t e a denenUum atattached to this Agreement, said protection to be provided by the "providing agency." 2 DURATION OF AGREEMENT, This Agr ement shall be effective from the date of signing to July 1, 19 A and shall automatically renew for one year for each year thereafter until notice be given by either party of its termination on or before April 1 of the year of renewal date, in writing, or unless terminated by mutual agreement of the parties. This Agreement becomes effective on the date of signing by the parties. 3. DUTIES OF PROVIDING AGENCY. The providing agency shall in accordance with the terms and provisions of this Agreement, provide fire protection to the property shown on the addendum attached hereto as shall be sufficient for the Township to comply with the provisions of Section 359.42 of the 1975 Code of Iowa, as amended. Said duties shall include the providing of equipment and manpower for fire protection and responding to calls and needs in the providing of said protection in the areas covered by this Agreement. 4. CONTROL BY PROVIDING AGENCY. All equipment and manpower utilized by the providing agency for the fire protection agreed to herein shall at all times be under the direction and control of the Chief of the providing agency or of the Officer in charge. 5. FINANCIAL PROVISIONS. The Township shal Pay the providing agency on or before July 1, 19751, the sum of $ which shall be for the period commencing on the date t—Tics Agreement and running to July 1, 19.151, and $ on or before the 1st day of each July thereafter during the duFation of this Agreement for each succeeding twelve month period commencing July 1 through June 30, of each year. 6. INDEMNITY. The providing agency agrees to indemnify and hold harmless the Township, its agents or employees, from and against all loss or expense (including costs and attorney's fees) by reason of liability imposed by law upon the Township, the agents or employees for damage because of bodily injury, including death at any time resulting therefrom by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in bonsequence of the performance or non performance of the "providing agency" whether such injuries to persons or damage to property is due or claimed to be due to the neglience of "providing agency", Township, or the agents or employees of either, except only such injury or damage as shall have been occassioned by the sole neglience of the Township, its agents or employees. toll r City of -2- 7. INSURANCE. The providing agency agrees that during the term of this Agreement, it shall at its own expense purchase and maintain the following insurance in companies properly licensed and satisfactory to Township, and also file copies of such insurance contracts with Township: A. Public Liability: Including coverage for direct operations, independent contractors, contractual liability, and completed operations, with limits not less than: 1. Bodily Injury Liability - $100,000.00 each person $300,000.00 each occurrence 2. Property Damage Liability - $100,000.00 each person $100,000.00 aggregate B. Workmen's Compensation: Including employers liability in accordance with the Workmen's Compensation Laws of the State of Iowa. This Agreement made and entered into this 27th day of January , 1983, shall be recorded in accordance with the provisions of Chapter 2BE of the 1975 Code of Iowa. West Branch Ffayor' Township brute by s Trustee Attest to %1. p n / / j'w✓ wr Giu by ll� lI `A/ �% [:' . by Trustee City er (02\ r- ATTACHMENT 14.1 RESOLUTION NO. 2 RESOLUTION AUTHORIZING THE BOARD CHAIRPERSON TO EXECUTE AND THE BOARD SECRETARY TO ATTEST A 28E AGREEMENT AMONG THE KALONA VOLUNTEER FIRE DEPARTMENT, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other. public agency of this state having such powers, privilege and authority; and WHEREAS, the Kalona Volunteer Fire Department, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE KALONA VOLUNTEER FIRE DEPARTMENT, IOWA: I. That the Board Chairperson is hereby authorized to execute and the Board Secretary to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by J. D. Boyd and seconded by Ed Yoder the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 23 0 2 Passed and approved this 6th day of May, 1986. 8RPERt»L [ 4 ATTEST: , i RD SECRETA Y (09-k a _'J I ATTACHMENT 14.2 CONTRACT Kalona Volunteer Fire Department, with the Board of Trustees, of Washington Township, Johnson County, State of Iowa. This contract made and entered into this 1st day of January 1986, between the Kalona Volunteer Fire Department, Inc., Kalona, Iowa, hereinafter called the Department, and the Board of Trustees, Washington Township, Johnson County, State of Iowa, hereinafter called the subscriber, Witnesseth: For and in consideration of the agreement by the subscriber to pay each year to the department the equivalent of One Thousand Eight Hundred Dollars ($1800.00). Said department agrees to furnish said subscriber fire protection, and protection shall cover Washington Township as residents may request such protection. Said department is to furnish all equipment and to assume full responsibility for direction of the fire equipment used, and to have full authority to direct all operations without interference from others. Said department is not to assume any responsibility for accidents, failure of equipment or errors in judgement in the fire fighting operation, and its responsibility to involve only the duty to answer alarms and do what in department's judgement is feasible and practical under the existing circumstances. In the event two or more fires occur at the same time, then it is understood by all concerned who are parties hereto, that the department will respond to both or additional calls with such equipment and outside supplemental equipment as is found expedient or possible to obtain, all without consultation with the subscriber. It is understood that the department has contracts and obligations with many subscribers, and that no subscriber has priority of consideration in case of simultaneous fires, and the judgement of the fire chief of the department or his assistant shall control in full the decision as to what equipment and personnel may be sent to each fire, and the engagement of outside help that may be inducted under the then existin3 circumstances. The terms of this contract shall begin on the 1st day of January 1986, and continue to the 31st day of December, 1991. of In Witness Whereof, we have set our names hereunto this -40 day .Ta 1 1986. Kalona Volunteer Fire Dept.,Inc. by✓ Fire ief / Asst. Chief i a -t i ATTACHMENT 14.3 CONTRACT Kalona Volunteer Fire Department, with the Board of Trustees, of Sharon Township, Johnson County, State of Iowa. This contract made and entered into this 1st day of January 1986, between the Kalona Volunteer Fire Department, Inc., Kalona, Iowa, hereinafter called the Department, and the Board of Trustees, �harnnTownship, Johnson County, State of Iowa, hereinafter called the subscriber, Witnesseth: For and in consideration of the agreement by the subscriber to pay each year to the department the equivalent of 84000 00 Said department agrees to furnish said subscriDer lire pi"��=����.., u••� protection shall cover Sharon _Township as residents may request such protection. Said department is to furnish all equipment and to assume full responsibility for direction of the fire equipment used, and to have full authority to direct all operations without interference from others. Said department is not to assume any responsibility for accidents, failure of equipment or errors in judgement in the fire fighting operation, and its responsibility to involve only the duty to answer alarms and do what in department's judgement is feasible and practical under the existing circumstances. In the event two or more fires occur at the same time, then it is understood by all concerned who are parties hereto, that the department will respond to both or additional calls with such equipment and outside supplemental equipment as is found expedient or possible to obtain, all without consultation with the subscriber. It is understood that the department has contracts and obligations with many subscribers, and that no subscriber has priority of of the consideration in case of simultaneous fires, and the judgement fire chief of the department or his assistant shall control in full the decision as to what equipment and personnel may be sent to each fire, and the engagement of outside help that may be inducted under the then existing circumstances. The terms of this contract shall begin on the lstday of iannary _ 1986, and continue to the 30thday of June '1988 In� W^iutnyqJ� s Whereof, we have set our names hereunto this /.7 -day � of 1986. Townsh Boar of Trustees Kalona olunteer Fire Department,Inc. by '4g!:Le+. l l Fire h of Asst. Chief r ATTACHMENT 14.4 AGREEMENT FOR FIRE PROTECTION SERVICES TRIS AGREEMENT is made pursuant to Chapter 28E, Code of Iowa, between the City of Ralona, Iowa, hereafter referred to as "City", and the Ralona Volunteer Fire Department, Inc., hereafter referred to as "Ralona VFD". WHEREAS, Chapter 8 of the Ralona Municipal Code calls for a volunteer fire department to prevent and extinguish fires and to protect lives and property against fires in the City of Ralona, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency; and WHEREAS, Ralona Volunteer Fire Department, Inc., has been -pr eviously-£ormed and is capabls--of-satisfying the 'city's'' " responsibility as stated above; and WHEREAS, Chapter 28E, Code of Iowa, provides that the powers, privileges or, authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privileges and authority and that any public agency may enter into an agreement with one or ies for joint.or co-operative action more public or private agenc pursuant to said Chapter; and WHEREAS, the parties hereto desire to enter into a 28E agreement to provide for fire protection services in the City of Ralona; IT IS THEREFORE AGREED by and between the parties as follows: ----------------- �N G (o01.k _Al 1. PURPOSES. The purpose of this agreement is to set out the various responsibilities of each of the parties for provision of fire protection services to the citizens and property of the City of Kalona, Iowa, which services are agreed to be a joint or co-operative undertaking of the parties hereto. 2. CITY RESPONSIBILITIES. The City shall: (a) Provide worker's compensation insurance for members of Kalona VFD who are injured in performance of their duties as i firemen. (b) Provide accidental death and disability insurance coverage for members of the Kalona VFD who suffer death or disability while in the performance of their duties as -firemen. (c) Provide liability insurance to insure the City and Kalona VFD against liability for injuries, death or property damage arising out of or resulting from duties of the Ralona VFD under this agreement. (d) Provide a fire station building and all necessary i Utilities for such building. (e) Provide casualty and liability insurance coverage on the fire station building. I (f) Provide liability insurance coverage for the Ralona. VFD's fire vehicles. (9) Provide fuel for the Kalona VFD's fire vehicles as needed. (h) Provide such other financial assistance as the City and Kalona VFD may from time to time agree. 3. KALONA VFD RESPONSIBILITIES. The Kalona VFD shall: . _ 4plx` (a) Take charge of all the Kalona VFD's fire -fighting equipment and, in case of fire within the city, report to the place of the fire with such apparatus and the work and manage the same under the .direction of the chief or other duly -acting commander in the most effective manner, until the fire is extinguished. (b) Provide casualty (collision/comprehensive) insurance for the Kalona VFD's vehicles and other equipment, and such other insurance as may be needed which is not provided by the City. (c) Maintain, inspect, repair and replace the Kalona VFD's fire -fighting apparatus. 4. FINANCING. The City and representatives of the Kalona VFD shall meet no later than January 31 of each year to review financing requirements for fire protection services in the City of Kalona and to formulate a budget therefore. The City shall then utilize such review of financing requirements for purposes of preparing its municipal budget for the next budgetary period. S. OTHER AGREEMENTS. It is understood and recognized by the City that Kalona VFD has fire protection agreements with rural townships and participates in certain mutual aid agreements, and that in the event of simultaneous fires the judgment of the Kalona VFD chief or his assistant shall be I. controlling with regard to deployment of equipment and personnel to each fire and the engagement of outside assistance. It is I agreed, however, that under any circumstances the Kalona VFD shall retain a minimum of one fire truck within the City to be available for fire calls within the City. 6. DURATION. This agreement shall be of perpetual duration from the date hereof, subject to termination or amendment as provided herein. 7. AMENDMENT TERMINATION. This agreement may be amended or terminated by approval of the majority of the Kalona City Council and a majority of the Board of Directors of Kalona VFD. In the event of termination, the City shall be entitled to dispose of the fire station building as it sees fit, and the Kalona VFD may dispose of all other equipment and apparatus as it sees fit. 8. FILING AND RECORDING. Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Washington County Recorder. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement this day of ✓, .Q 1986. CITY OF KALONA, IOWA Mayor ATTEST: 117, City C erc KALONA VOLUNTEER FIRE DEPARTMENT, /n INC.` BY: Il(lzmlll'� (!Yh�l�/ Fire 91ief ATTEST: //IGLU tFIJ Asst. Chle 'T a -1k, ATTACHMENT 15.1 RESOLUTION NO. 39'�7 6 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT AMONG THE CITY OF NORTH LIBERTY, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering into the below -described 28E agreement, and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege, and authority, and WHEREAS, the City of North Liberty, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts as named in said agreement for mutual fire aid protection in Johnson County, Iowa, NOW, THEREFORE, BE IT RESOLVED by the City Council of North Liberty, Iowa, that: 1. The Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties of said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. a, * r +� n r r n w u� n n n n n +t n n� n� u a a n u a +r n r n•� The above and foregoing Resolution was introduced by Council member IZati4'_ who moved its adoption. The motion was seconded by Council member I a..u_ After discussion, the Mayor instructed the Clerk to call the roll on the motion. The vote was: AYE NAY ABSENT Caslavka DeMarce Ferdig ✓ Koss ✓ Roof ✓ Whereupon the Mayor declared the motion duly passed and the Resolution adopted. ( Dated at North Liberty, Iowa, this /o day of lCrC,uL�rJ 1985. CITY OF NORTH LIBERTY, IOWA BY :� I X 2.6t, / David J. R berts, Mayor ATTEST: �7I(ita,i t c C t:C;� Mary Kasj Y ord!,U City Clerk G Z1 Rl �ATTACHIdENT 15.2 AGREEMENT• THIS AGREEMENT entered into by and between the Town of North I _ Liberty, Johnson County, Iowa, a municipal corporation duly autho- rized and existing under the laws of the State of Iowa, hereinafter called North Liberty, and Madison Township, Johnson County, Iowa, and Penn Township, Johnson County, Iowa, hereinafter called Town- ships. WHEREAS, North Liberty and the Townships heretofore had entered into certain contracts whereby the Townships had agreed to purchase) • I and maintain fire equipment and North Liberty agreed to furnish a li is volunteer fire department as well as.facilities for the proper housing of the said equipment, and I WHEREAS, the agreement has been mutually beneficial to all parties since the date of the inception of said agreement in 1955, and WHEREAS, North Liberty and the Townships now desire to terminate that agreement and enter into a new agreement providing for North Liberty to purchase said fire equipment and to allow the Townships to purchase fire protection from the Town of North Liberty, and WHEREAS, the Township Trustees and the Town Council of North Liberty have agreed that said agreement should take effect on January 1, 1973, NOW THEREFORE, BE IT AGREED by and between the parties hereto as follows: 1. This agreement shall commence on the first day of January, I' 1973, and shall continue automatically through December 31 of each calendar year for a period of six (6) years and thereafter shall continue automatically through December 31 of each calendar year unless terminated by either party by giving notice thereof in writing to the other party on or before January 31 of the year prior to the year in which thin agreement is to terminate on December 31. p. ,That North Liberty agrees to furnish to Madison Township and Penn Township, fire protection during the period of this agree- . . menti 3. That in consideration of the services furnished under this agreement, Madison Township and Penn Township shall pay to North Liberty, each year, a proportionate share of the cost of furnishing fire protection to the communities as determined by the amount speci- fied in the approved annual budget for the Town of North Liberty, 1 Iowa. It being agreed that Madison Township and Penn Township's share shall be that ratio that the assessed value of real estate ' and personal property in Madison Township and Penn Township bears to the combined assessed values of real estate and personal property in North Liberty and Madison Township and Penn Township. For pur- poses of this computation the assessed value of the property in each Township and the municipality of North Liberty will be that value of real estate and personal property that is certified by the Johnson County Auditor for tax purposes on the let day of January of the year preceding the year for which the cost of the services.and liabilities is being determined. It is further agreed by and between the parties ' i hereto that in no event will the amount to be assessed against Madi- son Township and Penn Township exceed one and one-half mills pursuant I' i to the laws of the State of Iowa. 4. That Madison Township and Penn -Township agree to pay indi- ! j vidually to North Liberty said amount which will be made in four equal installments on or about May 1, July 1, October 1, and December i 31, of each year that this agreement is in effect. Any adjustmentp shall be determined at the end of each calendar year and shall be I ! made during the succeeding calendar year unless this agreement is terminated, in which case any adjustment shall be made within ninety • ii days after the agreement terminates. i S. It is further agreed by and between the parties hereto that the Town of North Liberty will agree to purchase all of the existing I fire equipment as listed on Exhibit "A" which is attached hereto d and made a part hereof for the total purchase price of six thousand dollars which amount shall be paid in six equal installments- U -3- o, of one thousand dollars each. One half of said amount will be paid to the Clerk of Madison Township and the other half of said =1� amount will be paid to the Clerk of Penn Township. The one thou- sand dollar annual installment will be due and payable in four equal installments on May 1, July 1, October 1 and December 31, commencing with July 1, 1973 and continuing until the six thousand dollars is paid. 6. It is further agreed by the parties hereto that the parties will make their respective payments on the same day and will ex- change checks in a manner that will insure that appropriate credit is given to each party for the amount so paid. i 7. It is further agreed by the parties hereto that the Town- ships shall be responsible for Us maintainence of the equipment which is listed on Exhibit "A", until January 1, 1973, and in the event it is necessary to purchase any new equipment then the Town of North Liberty shall reimburse the Townships for any equipment i so purchased. It is mutually agreed that the consent of all parties will be obtained before any new equipment is purchased prior to January 1, 1973. 8. The parties further agree that at the time the annual budget hearings are held on the question of fire protection, notice will be given to the Township Trustees in order that they will have an opportunity to participate in the discussions. The annual meeting will be held on the third Tuesday in June of each year. 9. That the Town of North Liberty agrees to enact any and all ordinances necessary to carry into effect the provisions of this' agreement pursuant to the laws of the State of Iowa. 10. That Madison Township and Penn Township agree that neither Township will enter into any contract for fire protection service with any person, firm or corporation that would prevent the Town of North Liberty from furnishing said service. r 'T a -4- 11. It is understood and agreed that neither party assumes any c of the liability of the other party for any of the acts or omissions 1 of the other party or its agents or employees and each party hereby agrees to provide its own claim or judgment fund or liability insu- rance for its own protection against any and all claims which might arise as the result of any act or omission by said party, its agents, or employees. 12. It is understood and agreed by the parties hereto that the agreement dated 1955 providing for fire protection between the Town- ships and the Town of North Liberty, Iowa, will terminate effective the first day of January, 1973. In addition the parties agree that when full and complete payment has been made for the items listed in Exhibit "A" the Township Trustees or their successors shall exe- cute and deliver a bill of sale for all of the equipment listed in said Exhibit. 13. It is understood and agreed by and between the parties that this agreement may be altered, amended, changed, modified or rescinded by the mutual consent of the parties in writing and it is further understood and agreed that no officer, employee, or agent of either of the parties has power, right or authority to waive any of the terms, or to change, vary or waive any of the provisions of this agreement, nor shall any custom or habit of dealing involving the performance of the services made without the knowledge or autho- rity of the Town Council of the Town of North Liberty or the Trustees of the Townships have the effect of changing, mofifying, or waiving any of the terms, conditions or provisions of this agreement. 14. It is further understood and agreed that any waiver of any breach of this contract or any failure to enforce any of the pro- visions of the ordinances of the parties shall not be held to be a waiver of any of such provisions or in any way affect the validity of this agreement or any part thereof, or the rights of the parties to thereafter enforce each and every such provision. i -5- TOWN OF NORTH LIBERTY, IOWA Glen Herring, Mayor Attest: J�/"' j v Helen Hager, T64n Clerk PENN TOWNSHIP Trustee Trustee Trustee i Attest:—Z' /3 al : Clerk of Penn Township MADISON TOWNSHIP • I Trustee I Trustee Attest' Clerk f Madison Township M =)J . r- EXHIBIT."A" SCHEDULE OF EQUIPMENT Equipment which shall be included in the list of items being sold to the Town of North Liberty, Iowa. fire truck --1946 Chev-Luverne, 750 gal. tank, Darley Cap, 100 GPM -500 #AF(603)30833 Pump. Fire truck --1964 F-700 Ford --Fire Fighter, 1000 gal. tank, 250 PTO pump. WG Siren, #17 Beacon, #275 Spotlights AG hose loading lights 2 booster reels Motorola radio 18 Bunker coats, Model 50 MP with cotton fleece (6 years old) 18 Bullard Helmets (6 years old) 17 Pr. #11414 Ins. Fireman's 3/4 length boots (6 years old) 18 Pith Helmets 1 Wye 2�" x lh" 4 Chemical fire extinguishers 1000 ft. -250 ft. 2'h" Fire Hose 4 Shovels 450 ft. 1 �" Fire Hose 1 Foam attachment 4 Spotlights 2 Bolt cutters 10 gal. Foam 1 Pliers 6 Slappers 2 log chains 2 Scott Air Pacs-15 min + 1 extra 19 Buckets 1 Oxygen tank cylinder , 1 Portable pump Gordon Rupp 1 Hand resuscitator 5 Nozzles 1 1 Ladder, Alum, single 1 Drop Cord 1 Ladder, Alum, ext. 3 Nozzles 2 2 Pike Pole 1 Nozzle 1" 8 Suction Hose 10 ft. 2 fire axes 1 Ladder, Alum, 12' 1 suction strainer 1 Ladder, Alum, 28' 200 ft. 5/8" rope 50 ft. 2 3i" Fill Hose 2 water extinguishers 1 F r- 2 fire axes 1 Suction strainer 200 ft. 5/8" rope 2 water extinguishers 1 Ladder, Alum, 121 1 Ladder, Alum, 28 1 50 ft,. 2 Y, Fill Hose 0 F EXHIBIT "Al' continued r ATTACHMENT 16.1 RESOLUTION NO. 85-12 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT AMONG THE CITY OF HILLS, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment main- tained by any one of the parties which are desirous of entering into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the City of lolls, Iowa, has negotiated the attached 28E agreement with the other cities and independent fire districts, as named in said agreement, for mutual aid protection in Johnson - County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HILLS, IOWA: That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded I with the Johnson County Recorder. It was moved by tp and seconded by �Vel Hcd'p' the Resolution be adopted, and upon roll call there were: I AYES NAYS ABSENT Ronald Knebel Charles Ockenfels ✓ Michael Parker ✓ Robert Vercande V Paul Wolfe ✓ j Passed and approved this day of l✓O�P.rt6B, , 1985. I Larry Culver, Mayor ATTEST: I Jtoth.Grothe, Clerk I, Judith Grothe, Clerk of the City of Hills, Iowa, certify that this is a true and correct copy of a resolution passed and approved this 07,o� day of �&gpttbew , 1985. A. :re Ju,ffith Grothe, Clerk (4,�A _v e ' ATTACHMENT 16.2 AGREEMENT ' THIS AGREEMENT entered into this . qjY day of , 1980, between the City of Hills, Johnson County, Iowa, and Pleasant Valley Township, Johnson County, Iowa, and Sharon Township, Johnson County, Iowa, and Liberty Township, of Johnson County, Iowa, WITNESSETHs That the parties hereto have reached an agreement with reference to the furnishings of fire protection and the method of paying for such protection and all parties being desirous of having said agreement reduced to writing, IT IS THEREFORE HEREBY AGREED for and iniconsideration of the mutual promises, benefits, and obligations herein made, conferred and undertaken and for other considerations of value to the parties hereto as follows, to wit: 1. The City of Hills shall, subject to the terms and conditions hereinafter set forth, furnish fire protection by and through its volunteer fire department and the available equipment, to all of the property in Pleasant Valley Township, Johnson County, Iowa, and Sharon Township) Johnson County, Iowa and Liberty Township, Johnson County, Iowa, for a period commencing on July 1, 1980 to June 30, 1988, and to furnish housing for all equipment. 2. That Pleasant Valley Township, by and through its Trustees, agrees that for such protection said Township shall pay to the City of Hills the sum of $4,000.00 per year; that Sharon Township agrees to pay for such protection the sum of $4,000.00 per years that Liberty Township agrees to pay for such protection the sum of $4,000.00 per years and further that the City of Hills shall contribute $500.00 per year together with other considerations set forth in paragraph til. 3• It is further understood and agreed that the money so paid shall be deposited in a Fire Fund along with other income for said fund and shall be spent by the Mayor and City Council of Hills, Johnson County, Iowa, as other City funds and they shall be accountable thereforel that said fund is to be used for the purchase, repair, maintenance, and expansion of the fire fighting equipment available to fulfill the terms of this and other like agreements. —'Aa -2- 4, It is agreed that there will be semi-annual meetings of the City Council of Hills, Iowa, which shall be held in the months of July and December, and can be regular or special meetings at wiich time reports upon the conduct of the Fire Fund and all other matters of mutual interest relating to fire protection shall be held. That in addition to the City Council, there shall be present at such meetings a representative of the Trustees of Pleasant Valley Township, Sharon Township, Liberty Township, the Chief of the Hills Volunteer Fire Department and such other persons as the City Council of Hills, Iowa. may invite. 5. It is further agreed that no expenditure for the Fire Fund referred to above of any major nature and one involving over Two Thousand Dollars ($2,000.00) except emergency repair shall be ordered or approved by the City Council of Hills, Johnson County, Iowa, without first calling a meeting to be attended by the persons provided for to attend the annual meetings mentioned in the preceding paragraph. 6. This agreement is made subject to the availability of the fire equipment and personnel, and it is understood that the Mayor or Fire Chief, or his assistant, as the case may be, of the City of Hills, Iowa, shall be the sole and only judge of whether or not said fire equipment and personnel of said volunteer fire department are needed at a particular place at a particular time and the exercise of such judgment by the above named officers shall be without any liability upon their part personally or upon the City of Hills, Iowa. 7. Nothing in this agreement shall render the City of Hills, its officers, agents, employees or the members of the Volunteer Fire Department of Hills, Iowa, liable for or on account of any damage done by reason of failure of performance of their duties in fighting any fire or failure to answer any call, or for any other cause whatsoever. PLEASANT VALLEY TOWNSHIP, JOHNSON COUNTY, IOWA B)r n. ✓ y IrwCil ATTEST a:rl SHARON TOWNSHIP, JOHNSON /COUNTY, IOWA BY t z'r i>.: 1 � ATTESTi_e���•Cc LIBERTY TOWNSHIP, JOHNSON COUNTY, IOWA n ATTESTi 0 ` CITY OF HILLS, JOHNSON COUNTY, IOWWA ATTESTi I (CD.k (CD.k r ATTACHMENT 16.3 AGREEMENT FOR FIRE PRUTECTIUti SERVICES This agreement is made this 1st day of January, 1985, by and between the City of Hills, East Lucas Township and West Lucas Township. It is the purpose and policy of this agreement to provide for the 1 East greatest possible fire protection service to the residents t esidetst f southern Lucas Township and West Lucas Township, in particular, to by contracting for fire protection service sections of the townships, from the City of Hills. This service is meant to facilitate and complement that fire protection service already being provided by the City of Coralville, who shall remain the primary service provider to East and West Lucas Townships. ual covenants hereinafter set forth, In consideration of the mut the parties agree as follows$ 1, The City of Hills, for the consideration hereinafter described, 1 agrees to respond, upon proper notification, to all fire calls origin - i S distric ating from the t of both East and West Lucas Townships and, as requested by the Coralville Volunteer Fire Department, provide rsonnel to attempt to abate and control firest however, equipment and pe Of Hills reserve=_ the absolute right to decide the amount o I the City fire. equipment and personnel required to abate and control any 2, The City of Hills specifically agrees and understands that. i and personnel of the City of Hills in the event the fire equipment is engaged in abating and controlling another fire Fire Department previous to and at the time of any such fire or fires in the fire protection service area described in paragraph one above, or if the of Hills is prevented from responding to such call because of City it mechanical failure or any cause beyond the control of the City, shall not be responsible in any manner for not responding to such i fire call and East and West Lucas Townships agree to save and hold harmless the City from any claims or causes of actions and damages for failing to r those circumstances. respond to such fire call unde the City of Hills does undertake and Notwithstanding the foregoing, agree to make every reasonable effort to respond to said fire calls and to furnish equipment and personnel within its capacity. I I -z- 3. The responsibility for the State Fire Reports, the Annual State Fire District Report, fire inspections and investigations shall remain the responsibility of the City of Coralville in accor- dance with the fire protection agreement by and between the City of Coralville, East Lucas Township and West Lucas Township. 4. The City of Hills and East and West Lucas Townships agree that, should two or more fires occur at one time within the areas for which the Department is obligated by law or contract to provide fire protection, the Department shall have the sole discretion in determining where its equipment and personnel shall be used and in what proportions. i 5. East and West Lucas Townships agree to pay and provide to the City of Hills, inconsideration for the fire protection services to be provided by that City to the East and West Lucas Townships i during the term of this agreement, the amount of $1,500.00 per year, I payable in semi-annual payments of $750.00, which $750.00 shall be due upon execution of this agreement and $750.00 shall be due on July 1, 1985 for the first year hereof. For each year thereafter, a payment of $750.00 shall be due on the 1st of January and another payment of $750.00 shall be due on the 1st of July. I 6. Also, in consideration for fire services to be provided by the City of Hills, East and West Lucas Townships agree and understand that both the City of Hills Fire Department and the City of Coralville Fire Department will be notified by the Johnson County Sheriff's Department regarding fire calls originating from the fire protection service area to facilitate mutual aid by the City of Coralville. 7. The Johnson County Sheriff's Department agrees and under- stands that in response to any calls received on the line corres- ponding to 1,911" that originate from fire protection service area, it shall refer calls to both the City of Coralville Fire Department and the City of Hills Fire Department. 8. This Agreement shall be in full force and effect for a period of five years from the date of this agreement. if either party wishes to terminate this agreement, they must notify the other, in writing, at least 90 days in advance of the requested termination date. r� i MZ Dated this _ e KA _ day of NEST LUCAS TOWNSHIr,IO';A by s42i 010.) fJ ��G�Lt Trustee Trustee '•• Trustee Attests - ),, 767-� aJ�e West Lucas Township Clerk EAST LUCAS T01r7NSHIF, IOWA by: Trustee !A � Trustee Z� 1.•-c 4.2YtQ+M1� Trustee Attests '%� . East Lucas Township Clerk d- J- ^ - _ Fire Chief of East and Nest Lucas Township District CITY OF HILLS, IOWA by Kayor Attests Verk i Hills Fire Chlef /* /'/C •C lei-'�a.:.+c + Coralv/ille Fire Chief JOHNSON COUNTY, I0'AA /�'� /.a `til 7.t' 7. lel Ct• lc �j� i� Harold 1. Donnelly Chairperson Board of Supervisors Attests I�?llt Sr��i��.Q•, Tom Slockett — of County Auditor i Gary Hughes, Sher'ff Johnson County Q �=dli ATTACHMENT 17.1 RESOLUTION NO. 8i— 3 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREE14ENT AMONG THE CITY OF SOLON, IOWA, AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by any one of the parties which are desirous of entering .into the below -described 28E agreement; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public. agency of this state having such powers, privilege and authority; and WHEREAS, the City of Solon, Iowa, has negotiated the attached 28E agreement with the other cities 'and independent fire districts, as named in said agreement, for mutual fire aid protection in Johnson County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SOLON, IOWA: 1. That the Mayor is hereby authorized to execute and the City Clerk to attest said 28E agreement for mutual aid fire protection. 2. That upon execution by all parties to said agreement, the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. It was moved by and seconded by Ylc_e. the Resolution be adopted, ano upon roll call there were: AYES: NAYS: ABSENT: Wright ✓ Croy McAttee Randall' -Etch' N) /• Jew xc Gnu. ci) T Linn Passed and approved this 7 day of MAYOR ATTEST: LILY' LEKK (01.\ _A; ATTACHMENT 17.2 RESOLUTION] NO ---- A RESOLUTION EXTENDING THE PROVISIONS OF THE CONTRACT FOR JOINT AND MUTUAL R , IOWA AND THE TOWNSFIIPSOF P BOISE GROVE, B CEDAR) S ANDNEWPORTCITY , OI ALLINJOHNSON COUNTY, STATE OF IOWA. BE IT RESOLVED DY THE CITY COUNCIL OF SOLON, IOWA: WHEREAS, on al- about July 141 195e the City of Solon and the townships of Big Grove, Cedar and Newport entered into a contract for joint and mutual fire protection! WHEREAS, according to the terms of this contract, the obligations assumed thereunder were binding for a period of t,aenty years; WHEREAS, the parties to this agreement wish to extend the terms of this contract to a.11ow them sufficient time within which to negotiate a new contract for joint and mutual fire protection; WHEREAS, the parties of this agreement further wish to extend the terms of this contract to allot.: them to enter into a mutual aid agreement among other governmental units within the County; hereto realize and understand that WHEREAS, the parties the contract ft.:• joint and mutual fire protection between the parties hereto executed on July 14, 1959 must be renegotiated and that further extensions of this contract will not be approved unless meaningful negotiations or arbitration between the parties take place. NOW, THEREFORE, BE IT RESOLVED that the City of Solon, Iowa hereby agrees to fulfill the terms and conditions assumed by the City in the joint and mu tuck, fire protection contract dated July 14, 1958 and extend Lb" provisions thereof up until and cPZLN N -t cPZLN N through August 31, 19G6. DE IT FURTHER RESOLVED that said agreement and exten- sion shall be effective only in the event that the townships of Big Grove, Cedar and Ulewport agree to mutual extensions of the July 14, 1958 Joint end I'lutua.l Fire Protection Contract. BE IT FURTHER RESOLVED that this Resolution shall be effective for a reasonable period of time to allow the township trustees for Big Grove, Cedar and Newport to enact the resolution as set forth above. qq Passed and approved tilts L_ day of — LLLf2 _------- 1986. STEVE WRIGHT, I-IAYR ATTEST: CITY CLERK i I i -I Al .J�L'fL �'L(.n•W 1LC_�.L'/�vlu�/ '/�/ `N_4f n:l.a"u?tC .i, 'J r; /j r�_ r, A . �,L-:nl'LSa! �.vC ✓_ ...G+�!_r//� ._'>--�_.x'.''� _�T�a. u�C�/'�✓/1�.{,tL1,;_/'!Y.�yi���!%--lD—b-l./.�.�.-`.o^.'`-�.. �-C;Cc...'-�=s'-r ,4 F r- IYZ aa EL r �, I le—'ele I % u I r E to. -L\ r D° btate of 30tua iwretarp of )tate STATE CAPITOL BUILDING MDINE°.IA SOl19 MARY JANE ODELL Deg S4loino DE° 51}3°ISS81 SECRETARY Of STALE August 22, 1986 Marian K. Karr, CMC City Clerk City of Iowa City Civic Center 410 E. Washington Street Iowa City, IA 52240 Re: 28E Agreement between the City of Iowa City, Johnson County and the Cities of Coralville; Hills; Lone Tree; North Liberty; Oxford; Riverside; Shueyvillg Solon; Swisher; Tiffin; University Heights; West Branch; Fremont; Lincoln and Pleasant Valley Fire Association; Tiffin Fire Association; Jefferson -Monroe Fire Dept.; Kalona Volunteer Fire Department and Tri -Township Fire Department to provide mutual aid in fire pro- tection and fire prevention. Dear Ms. Karr: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1985 Code of Iowa. You may consider the same filed as of 11:13 A.M., August 22, 1986. F I L[D AUG 2': 1986 MARIAN K. KARR CITY CLERK (1) Cordially, i/ O�4l Mar ne Odell Sec a ary of State ii c� r - � CITY OFIOWA_l� 11 c+•� Y CIVIC CENTER 410 E. WASHNGTON ST. IOWA ON, IOWA 52240 (319) 356-5000 SfAfE OF IOWASS - COUNIY OF JOHNSON ) 1995 AUG 22 AN 9: 00 ��,e, 6 0.t:m 9-- I, Marian K. Karr; City l/ REMMEN Clerk of the City of Iowa City, Iowa, JmIN5Cn co..in?"A do hereby certify that the material attached: Res. 86-105, 28E Agreement between Iowa City and certain other cities an in epen ent fire districts for mutual fire aid protection and other attachments is a true and correct copy from my files, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 21 day of August 1986 . , F 9 L E DO /,UG 26 lS�. 64ARIAN K. KARR CITY CLERIC (1) marian K. Karr City Clerk A, CORPORATE SEAL VOL 87,1 PASE 063 (�) a l r - 6 I d, -1 AGREEMENT FOR MUTUAL AID FIRE PROTECTION IN AND SURROUNDING JOHNSON COUNTY, IOWA This agreement is made pursuant to Chapter 28E,'Code•of Iowa, between any and all of the following: City of Coralville, Iowa; City of Hills, Iowa; City of Iowa City, Iowa; City of Lone Tree, Iowa; City of North/(iberty, Iowa; City of Oxford, Iowa; City of Riverside, Iowa; City of Sh €€yville, Iowa; City of Solon, Iowa; City of Swisher, Iowa; City of Tiff' , Iowa; City of University Heights, Iowa; City of West Branch, Iowa; Fremont Lincoln and Pleasant Valley Fide Association; Tiffin Fire Association; Jeff rson-Monroe Fire Department, Inc\.I Kalona Volunteer Fire Department; Tri -Tow hip Fire Department. WHEREAS the fire departments or fire distri sof all the undersigned parties are members of the Johnson County Mutual Ai Association; and WHEREAS, a tated purpose of the Associa ion is to provide mutual aid in fire protection arrrrllll fire prevention; and WHEREAS, occasi ns may arise whereb extra alarm fires or other emergencies would exhaust th available firefi ting equipment maintained by one of the parties herein; an WHEREAS, in such a situation he availability of additional firefighting, personnel and equipm t from utside sources might well avert disastrous results; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or author- ity exercised by a public ency of this state may be exercised jointly with any other public agency this state having such powers, privilege, and authority; and WHEREAS, the parties he to are desirous of entering into a 28E agreement to render fire and emergen assistan a upon a reciprocal basis. THEREFORE, THE PARTI S HERETO mutu lly agree to give fire and emergency assistance when need,(J on a reciproc basis under the following terms and conditions: Section 1. Authori to Res and to Provide ssistance The power to ma e a request for assistance or to provide aid under this agreement shall eside in the member departm nt fire chief or his official designee only. For purposes of this agreement, the "requesting department" shall mean the ire chief or designee asking for assistance and the "responding department" sh 1 mean the fire chief or designee sending assistance. Any member departm nt shall have the right to request assistance from any other member departm nt or departments, subject to the terms and conditions of this agreement. F r the purpose of this agreement, the terms "member department" and "member" s all mean the fire department of the respective parties hereto. 6 21 E Section 2. Situation Where Assistance is Requested A member department may request assistance from another member department only When the requesting department has concluded, based upon actual circumstances, that such assistance is essential to protect life and/or property at a location afforded fire protection service by the requesting department. Section 3. Response to Request Upon equest , a responding department, upon dete ination that an emergency situat'on exists and subject to the availability of manpower and equipment, shall .spatch firefighting personnel and equj ment to aid the requesting Section 4. The requesting bpartment shall include/in its request for assistance the amount and type a equipment and numbpr of personnel required, and shall specify the locationnXhere the personnel/and equipment are needed. The final decision on t number and the amount and type of equipment to be sent shall be solely that f the res onding department. The responding party shall be absolved from li ility in connection with all acts associated herewith provided that the fin d is ion is made with reasonable diligence. No member department shall makeAny claim whatsoever against another member department for refusal to send tfie hgquested equipment or personnel where such refusal is based on the jneded ent f the responding department that such personnel and equipment are torotect the district of the responding department. Section 5. Command at Fire The responding department fiersonnel and equipment shall report to the command officer of the requesti department who shall, be in charge at the fire location unless he/she pecifically relinquishes' this authority to another officer. The command officer shall have the power to issue reasonable orders and directives, and resplonding officers will then act on said orders. The responding depart ent personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or wen the responding department personnel and/or equipment are needed in their home districts. Responding department personnel and equipment may withdr w from the requesting district upon giving notice to the command officer at the fire location that they are needed in their home district. It is understood th t the purpose of this section is to maintain order at the fire scene and sh 11 not be construed to establish an employer/employee relationship. r- Section 6. No Reimbursement for Costs No member department shall be required to reimburse any other member department for the cost of providing the services set forth in this agreement. Each member department shall pay its own costs (salaries, repairs, materials, compensation) for responding to the requests of other member departments. However, the requesting department shall provide without charge, such addi- tional fuel as may be required by the responding department to carry on the combined firefighting efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their fuel tanks before they return to their home district. Further, the requesting department shall reimburse the responding department(s) for the cost of special materials, such as but not limited to, foam or other special materials, specifically requeste/ by the requesting departmen nd which are provided by the responding dep rtment and utilized at the site of a istance. Li Employees of anymemogr department acting pu considered is acting irder the lawful order their employment with t it member department to be considered employ s of any other jt considered to be employees of their member de, �ht to this agreement shall be nd instructions pertaining to Under no circumstances are they ;diction, but rather shall be Each party hereto shall bear he liability and/or cost of damage to its member department's equipment and th& death of or injury to its member department's personnel, whether the death, in'ury or damage occurs at a fire in the member's own fire protection area, or in a ire protection area where the firefighter is working as a member of a re on ing department. Each party shall provide appropriate and reasonable insurance for its member department's personnel who may suffer injury, disability, or dea and/or are involved in loss or damage to private property, and/or deo of injury to private individuals in the performance of official duties ile assisting another member department under the terms of this agreement and shall supp proof of such reasonable insurance to the other parties hereto by providing a rtificate thereof. Each party hereto shall b responsible fo defending against claims made against it or its member de artment or personn and arising from its partici- pation in this agreement. The parties hereto all not be obligated by this agreement to defend aga'nst claims made again t other parties hereto, or against the member depar ents or personnel of sai parties. The cities and indepe have fire protection district is a fire maintain such agree e parties hereto by a agreement thereby nc and by promptly n ti renewal, or termina district lines. In further obligation by assistance within the hdent fire districts which are 4rties hereto and which agreements with each other whereip the independent fire protection provider for the respective city agree to its in force and to provide copies of same to the other ttaching copies of such existing agreements to this )rporating them and making them part of this agreement, fying in writing the other parties of any amendment, on of such agreements, including the changing of fire the event such an agreement lapses, there shall be no the other parties hereto to respond to a request for fire protection area covered by such lapsed agreement. -I _A1 4 Section 9. Term of Agreement This agreement shall be in full force and effect upon execution by all parties hereto and the filing and recording thereof as /ithdraw rovided in Section 12. The agreement shall have a term of three (3) years ate of execution and thereafter shall continue in effect from year the agreement may be amended by agreement of all parties. Any party from the agreement by giving thirty (30) days written notice to eaother parties hereto by certified mail in which case said notifyngall be deleted from furt(ier operation of the agreement. 7 Any writte notice as required in this of the respe ive parties as shown on 11 ari Fire Mutual Aid Ao4 This agreement superte," and among the parties o Section 12. Filing and Upon execution by all Secretary of State and IN WITNESS THEREOF, t effective on the date(s lreement shall be sent to the address execution portion of this agreement. any and all prior fire mutual aid agreements between their r pective member departments. rt' s re to, this agreement shall be filed with the c ded wi the Johnson County Recorder. parties he to have duly executed this agreement as shown below. CITY OF IOWA CITY IOWA I Iowa City Civic enter C 410 E. Washingt Co Iowa City, Iow 52240 By: By: — Attest: Attest: Date: Date: Reeelved 8 Approved By TM loWl Depertnmd 4 OF CORALVILLE, IOWA lville City Hall 1ville, Iowa 52241 4'.2/ a 5 JEFFERSON-MONROE FIRE DEPARTMENT, INC Swisher, Iowa 52338 (As a Fire Protection Provider for the City of Swisher, Iowa and the City of Shueyville, Iowa) By : CITY OF SWISHER, IOWA Swisher City Hall Swisher, Iowa 52338 BY: Att st: Date dte: CITY OF HUEYVILLE, IOWA CITY OF UNIVERSITY HEIGHTS, IOWA Shueyvill Community Bldg. c/o City Clerk R.R. Cedar 2 Rapids, Iowa 52401 207 Golfview Avenue Iowa City, Iowa 52240 By: By: Attest: Attest: Date: Date: CITY Lone OF LONE TREE, IOWA Tree City Hall FREMONT, LINCOLN 8 PLEASANT VALLEY Lone Tree, Iowa 50559, FIRE ASSOCIATION Lone Tree, Iowa 50559 Ac a Fire Protection Provider r the City of Lone Tree, Iowa) By: By: Attest: Attest; Date: Date: CITY OF TIFFIN, IOWA TIFFIN FIRE ASSOCIATION Tiffin City Hall Tiffin, Iowa 52340 Tiffin, Iowa 5 340 (As a Fire Protection Provider for the City of Tiffin, Iowa) By: By: Attest: Attest: Date: Date: to_21 r- CITY OF OXFORD, IOWA Oxford City Hall Oxford, Iowa 52322 By: Date . CITY WEST BRANCH, IOWA West Bran City Hall West Branch, Iowa 52358 By Attest: Date: CITY OF NORTH LIBERTY, IOW North Liberty City Hall North Liberty, Iowa 52317 By: Attest: Date: CITY OF SOLON, IOWA Solon City Hall Solon, Iowa 52333 By : Attest: Date: 6 CITY OF RIVERSIDE, IOWA Riverside City Hall Riverside, Iowa 52327 By: Attest: Date: KALONA VOLUNTEER FIRE DEPARTMENT ona, Iowa 52247 By Attest: Date: CITY OF HILLS, IOWA Hills City Hall Hills, Iowa 52235 By Attest: Date: TRI -TOWNSHIP FI DEPARTMENT Solon, Iowa 523 3 By: Attest: Date: r y Posted: 4/4/86 @ 3:30 p.m. djd Removed: 4/9/86 @ 8:30 a.m. djd (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: April 8, 1986 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $3,725,000 General Corporate Purpose Bonds. — Resolution calling special election on the issuance. Such additional matters as are set forth on the addi— tional 13 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. city Clerk, Iowa City, Iowa L ALbn GvwY Ibro•drt 1411-1 smnh A A111.1 U, , ,, N, MPrrlq L , o; ail FA April 8 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Ambrisco , in the chair, and the following named Council Members: Ambrisco, Baker, Courtney, Dickson, McDonald Strait, Zuber. Absent: Mone -1- AAirrl. earn Mlx In 1.M .. SnA A AN, U.Wn. M1 N%mew Iu.A e, r - The City Council then proceeded to discuss the matter of calling a special city election. Council Member Strait introduced the following Resolution entitled "RESOLUTION CALLING A SPECIAL CITY ELECTION", and moved its adoption. Council Member Courtney seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco, Baker, Courtney, Dickson, McDonald, Strait, Zuber. NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 86-106 RESOLUTION CALLING A SPECIAL CITY ELECTION WHEREAS, the City of Iowa City, Iowa, proposes to contract indebtedness and issue general obligation bonds to provide funds to pay costs of a general corporate purpose project hereinafter described; and WHEREAS, the Iowa City Community School District has expressed willingness to contribute to the cost of acquiring and maintaining the proposed Mercer Park Swimming Pool; and WHEREAS, Section 384.26 of the City Code of Iowa, provides that before the Council of a City may institute proceedings for the issuance of bonds for a general corporate purpose, it shall call a special City election to vote upon the proposition of issuing said bonds in accordance with the provisions of said statute; and WHEREAS, neither the proposal for the issuance of the bonds hereinafter set forth, nor any other proposal incorporating any portion of it, has or will have been submitted to the electors of the City for a period of more than six months prior to the date of election hereinafter provided; and WHEREAS, the Iowa City Press -Citizen, is a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, and is published in said City and of general circulation therein; -2- mien, C x ,, Il —Irt wymn Snulh A Mli,e. 1a ,n. Nn AWne.. bn, �� I r NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOVIA: Section 1. That there is hereby called a special City election on Tuesday, the j,d day of IL 1986, at which election there shall be submitted to the qualified electors of said City the following question, to -wit: "Shall the City of Iowa City, Iowa issue its bonds in an amount not exceeding the amount of $3,725,000 for the purpose of repairing and reconstructing the City Park swimming pool and acquiring, constructing and equipping new indoor swimming pool in Mercer Park?" Section 2. That the voting place or places for said election, and the hours the polls shall be opened and closed shall be as set out in the notice of election, said notice to be prepared and approved by the County Commissioner of Elections. Section 3. That the form of ballot to be used at said election shall be of the type authorized by the Code of Iowa that will permit the use of electronic counters and will be in substantially the form set forth in the Notice of Election. That, if more than one public measure shall be submitted to the electors at the time of the said election, all such measures shall be printed upon one ballot. Section 4. That the Election Board for the voting precinct or precincts shall be appointed by the County Commissioner of Elections, not less than 15 days before the date of said election, a certified copy of which appointment shall be officially placed on file in the office of the Clerk of said City. Section 5. That the Auditor of Johnson County, Iowa, being the County Commissioner of Elections, is hereby directed to publish the notice of election once in then City Press -Citizen, being a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, published in said City and of general circulation therein, said publication to be not less than four clear days nor more than twenty days prior to the date of said election. Section 6. That the County Commissioner of Elections shall cause to be prepared all such ballots and election registers and other supplies as may be necessary for the proper and legal conduct of said election. The Clerk is hereby authorized and -3- Ablm. Gxxxy llnxntr( JM,^, 5,1,1111 A AW., bxlrn, R5 M14xix.. Lm. Ell _A ii directed to cooperate with said Commissioner of Elections and to do and prepare all necessary matters in order to make said election legal and valid. Section 7. That the Clerk is hereby directed to file a certified copy of this resolution in the office of the County Commissioner of Elections, which filing shall also constitute the "written notice-, to the County Commissioner of Elections of ed the election date requirto be given by the governing body under the provisions of Chapter 97 of the Code of Iowa. PASSED AND APPROVED, this 8th 1986. day of April Mayor ATTEST: AIJM. Cmnn llimnlrt wll., {nmh A "'N" law-. r CIG -3 4-85 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 8th day of April , 1986. SEAL OA J / AAJ City Clerk, Iowa City, Iowa W, Ci IbM lm I",, W,lh L Alit, I,.w [ LYw Mn. I City of Iowa City MEMORANDUM DATE: April 4, 1986 TO: City Council FROM: Acting City Manager AZ 7 RE: Proposed Swimming Pool Facilities Attached please find information regarding the projected operating costs and revenues for the proposed new swimming facilities and projected revenue adjustments for the Recreation Center pool once the new facility is in operation. This information represents staff's best estimate of the overall impact and additional operating cost for our swimming program with the new facility in operation. It is anticipated that the City Park pool will continue to generate revenue equal to or in excess of its current level since it will be the only exclusively outdoor pool in Iowa City. Also, attached is information which shows an estimated annual cost to the Iowa City property taxpayer of approximately 50 cents per $1,000 taxaole valua- tion for a ten-year bond issue and 39 cents per $1,000 taxable valuation ' for a 15 -year issue. The average property taxpayer would pay about $26 per year in additional taxes over the life of the bond issue. Attachment #6 PRELIMINARY ESTIMATES OPERATING COSTS AND REVENUE PROJECTIONS JOINT SWIMMING POOL APRIL 4, 1986 PERSONNEL COSTS Full-time Personnel Supervisor (including benefits) - 45% assigned to this facility $ 13,178.00 Maintenance Worker (including benefits) 19.463.00 Total Full-time $ 32,641.00 Part-time/Temporary Personnel Maintenance Workers - 2,080 hours @ $3.50/hour $ 7,280.00 Cashiers/Receptionists/Supervisors - 4,992 hours @ $3.50/hour 17,472.00 Lifeguards - 12,720 hours @ $3.93/hour 49,990.00 Instructors - 1,490 hours @ $4.03/hour 6,005.00 Aides - 1,490 hours @ $2.52/hour 3,755.00 Managers (summer only) - 1,680 hours @ $4.85/hour 8,148.00 Social Security 6,625.00 I.P.E.R.S. 533.00 Total Part-time/Temporary $ 99,808.00 Total Personnel $132,489.00 Plus 5% Inflation $ 6,622.00 Total $139,071.00 BUILDING OPERATING COSTS Low Migh Utilities $51,800.00 $56,800.00 Pool Supplies (chemicals) $ 2,400.00 $ 2,900.00 Miscellaneous Supplies $ 1,200.00 $ 1,400.00 Building Maintenance $ 2,400.00 $ 2,800.00 Water and Sewer $ 3,150.00 $ 3,500.00 Property Insurance $ 3,000.00 $ 3,200.00 Telephone $ 900.00 $ 1,000.00 Liability Insurance $12,877.00 $12,877.00 77,727.00 W777—.00 Average $ 81,177.00 Plus 5% Inflation $ 4,059.00 Total Building Operating Costs $ 85,236.00 _ Total Personnel and Operating $224,307-00 REVENUE PROJECTION Lap/Public Swim - 50,400 @ $1.00 (average) $ 50,400.00 Lessons - 1,600 @ $12.00 (average) 19,200.00 Special Interest Groups - 500 hours @ $15.00 7,500.00 Swim Passes - 100 @ $75.00 (average) 7,500.00 Pool Rentals - 50 hours @ $25.00 1,250.00 Locker Revenue 6,000.00 Concession Revenue 4,000.00 School Use - 30% of maintenance, building supervision, operations 44,252.00 Total Proiected Revenue $14o,102.00 (002 r April 4, 1986 ESTIMATED IMPACT ON RECREATION CENTER POOL (WHEN NEW POOL IS OPERATING) *Higher rates are based on an increase of 25C for general admission (currently 750, and an average increase of $1.00 for lessons (currently range from $3.50 to $36.00, with the majority costing $10.00). CURRENT ANTICIPATED ANTICIPATED ANTICIPATED PROJECTED DECLINE IN DECLINE IN DECLINE IN REVENUE (FY'87) PERCENTAGE (FY'88) REVENUE (CURRENT RATES) REVENUE - (HIGHER RATES) Public Swim Programs $33,596.00 25% $ 8,399.00 $ "0_* Instructional $14,052.00 40% $ 5,621.00 $4,421.00' { Programs Swim Passes $18,473.00 0% $ -0- $ -0- Total $66,121.00 $14,020.00 $4,421.00 *Higher rates are based on an increase of 25C for general admission (currently 750, and an average increase of $1.00 for lessons (currently range from $3.50 to $36.00, with the majority costing $10.00). PROPERTY TAXES FOR AVERAGE RESIDENTIAL PROPERTY a ---COST OF SWIMMING POOL BONDS--- TEN YEAR FIFTEEN YEAR FY87 ISSUE ISSUE Average Residential Assessed Valuation (01/01/85) $ 68,450 $ 68,450 $ 68,450 Rollback Factor .756481 .756481 .756481 Taxable Valuation $ 51,781 $ 51,781 $ 51,781 Levy - Actual/Projected 10.620 .504 .392 Property Taxes $•549.92 $ 26.10 $ 20.30 loG?z ANNUAL TOTAL LEVY PER DEBT TAXABLE $1000 TAXABLE SERVICE VALUATION VALUATION 10 Year Bonds = $531,800 _ (1,055,768,250 _ $1,000) _ .504 15 Year Bonds = $413,500 _ (1,055,768,250 _ $1,000) _ .392 loG?z RESOLUTION NO. 86-107 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1986 BE IT RESOLVED by the City Council of Iowa City, Iowa, that the firm of McGladrey, Hendrickson and Pullen, Certified Public Accountants, be engaged to conduct the general City audit and the Federal Compliance Audit for the City of Iowa City for the year ending June 30, 1986. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Zuber 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 �— McDonald X Strait i X Zuber Passed and approved this 8th day of April 1986. i L I MAYOR ATTEST: ��7a.a.n.�w,a) C�-CLERK hied R Appro . ho Legal D i 6a,3 a I CITY OF CIVIC CENTER 410 E. WASHINGTON ST April 14, 1986 OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 Richard D. Johnson, CPA Auditor of State of Iowa State Capitol Building Des Moines, Iowa 50319 Dear Sir: Enclosed please find Resolution 86-107, adopted by the Iowa City City Council on April 8, 1986, serving as notification required by Chapter 11 of the State Code that the City has hired McGladrey, Hendrickson and Company, CPA to conduct the audit for the year ending June 30, 1986, and the Federal Compliance Audit for the 24 -month period ending June 30, 1986, for the City of Iowa City. Sincerely, CITY OF IOWA CITY Marian R. Karr, CMC City Clerk I�ic. dd 61?3 a RESOLUTION NO. 86-108 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE WHEREAS, the Police Department of the City of Iowa City, Iowa has during the past months stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Police Department has made every effort to locate the owners of these bicycles and has been unsuccessful in its efforts; and WHEREAS, the total number of bicycles which have been accumulated have now become a storage problem, and the same are a burden on the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Police Chief is hereby authorized and directed to sell the abandoned bicycles at public auction to the highest cash bidder therefore, and that Notice of said sale shall be published in the Iowa City Press -Citizen once each week for two consecutive weeks, the date of the last publication being no more than one week prior to the day of the sale. 2. That the proceeds from the sale of these bicycles shall be paid into the Public Safety Fund portion of the budget of the City of Iowa City, after first deducting therefrom the costs of the sale. It was moved by Strait , and seconded by Dickson that the Resolution as read be a opted, and upon roll call there were: AYES NAYS ABSENT X Ambrisco X_ Baker x Dickson X Courtney X McDonald X Strait X Zuber Passed and approved this 8th day of —Aprils 1986. ATTEST: AaA;. J 9" 4�..) 6 �?41 I a