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Home My WebLink About1986-05-06 Resolutionr 86-115 �EsnCixtiuxc �f (��me�tttimt Phereas, Cleo Kron submitted a resignation from the service of the City of Iowa City effective May 16, 1986, and 3%11lerens, the said Cleo Kron, as an employee of the Water Division, has given the City of Iowa City over 40 years of dedicated service, from Oct�bbeer 45 4, and Pflereas, the City Council wishes to commend the said Cleo Kron for said service. Fafv Therefore he it peolfieb bg Zile ailu Council of c3ofou ditg, �Pofua: 1. That the City Council of Iowa City, Iowa hereby commends Cleo Kron for meritorious service in the Water Division of the City over the years. 2. That the City Council extends the gratitude of the City to the said Cleo Kron for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Cleo Kron. that the Resolu- tionwas moved by McDonald and seconded by Strait tion be adopted. ATTEST: 4 �-CITY CITY CLERK Passed and approved this 6th day of May, 1986. —t V RESOLUTION NO. 86-116 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY86 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Public Hearing be held in the Civic Center at 7:30 p.m., May 20, 1986, to permit any taxpayer to be heard for or against the proposed amendment to the FY86 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa CitX Press -Citizen, a newspaper of general circulation in Iowa City, not jess than tour (4 ) --days and not more than twenty (20) days before the time set for such hearing. It was moved by McDonald and seconded by Zuber the Resolution be adopted, and —up—on—Fro-7--ca-ITthere were: AYES: NAYS: ABSENT: _ X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 6th day of pIaayy 1986. N i J_ MATUKPro hm ATTEST: add 6111 LLhKK Approveg Afti D�!AnrrN �sz RESOLUTION NO. 86-117 RESOLUTION SETTING PUBLIC HEARING ON APPROVING THE FY86 CAPITAL PROJECTS BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Public Hearing be held in Civic Center at 7:30 p.m., May 20, 1986, to permit any taxpayer to be heard for or against the proposed FY86 Capital Project Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa Cit Press -Citizen, a newspaper of general circulation in Iowa City, not ess an our ays and not more than twenty (20) days before the time set for such hearing. It was moved by McDonald and seconded by Zuber the Resolution be adopted, and upon roTr—ca7T there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 6th day of May 1986. pro Wn ATTEST: I LERK cele 8 Appfw.•. al Depa. nnem /o% 7-" r RESOLUTION NO. 86-118 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE Fy87 ASPHALT RESURFACING PRWECr, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 20th day of May , 1986 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was raved by McDonald and seconded by Zuber that the resolution as read be adopte an upon roll call there were: AYES: NAYS: ABSENT: _ a Ambrisco X Baker X Courtney X Dickson X DcDonald X Strait X Zuber Passed and approved this 6th day of May 19 86 . ATTEST: CITY CLERK *ialrea 11 ApWwmod OY no LOMY Do a lent 4 zq �6 7sff —t o, _'A� RESOLUTION NO. 86-119 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DUBUQUE STREFT TMPROVFTIFNTS PROTECT - I019A AVrNUr TO PARK ROAD DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 20th day of May , 19 86 , at 7:30 p.m. in the Council Chambers, Civi Ccenter, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by McDonald and seconded by Zuber that theopte resolution as read be a , an upon roll call there were: AYES: NAYS: ABSENT: _ X Ambrisco X Baker X Courtney X Dickson X McDonald K Strait X Zuber Passed and approved this 6th day of May 19 BG . MAYOR Pro tem ib0*0 a Approved ATTEST: -y lBY rM lagal Deparh+knr WIT CL R 7P,7 i RESOLUTI014 NO. 86-120 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF KITTY LEE SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners of Kitty Lee Subdivision have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plat of Kitty Lee Subdivision; and WHEREAS, the proposed subdivision is located in Johnson County within Iowa City's two-mile extraterritorial jurisdiction and is legally described as shown on Exhibit A; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plat and have recommended approval of same; and WHEREAS, the preliminary and final plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plat be accepted and approved with a waiver of the preliminary platting requirements; and WHEREAS, the preliminary and final plat are found to conform with all the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final plat of Kitty Lee Subdivision is hereby approved with: a. a waiver of the preliminary platting requirements; b. deferral of compliance with the stormwater management ordinance pending development of the remainder of the Davis tract; C. future dedication of the street; and d, a waiver of the right to protest future assessments. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the preliminary and final plat after passage and approval by law and that the owner/subdivider shall record them at the office of the County Recorder of Johnson County, Iowa. It was moved by McDonald and seconded by Strait the Resolution be adopted, and upon roll call there were: 70 Ni Resolution No. 86-120 Page 2 AYES: NAYS: ABSENT: X Ambrisco X Baker �- Courtney X Dickson T McDonald X Strait X Zuber Passed and approved this 6th day of May 1986. MAYOR pre tem ATTEST: /) - CITY CLERK "y The A approves 2 aI U"S n,,,t L G 7P/ r - EXHIBIT A Kitty Lee Subdivision Legal Description LOT 1 Commencing at the West Quarter Corner of Section i Township 79 North, Ran20, ge 6 West of the 5th. Principal Meridian, Johnson County, Iowa; Thence East 1309.08 feet to the Centerline of the County Road; Thence NorthCenterlineng on said .40 feet, to the in accordance withOthe Plats of Survey iRecorded nt of ginniPlatalBook 14, Page 26 and revised R.H. Davis Subdivision in Plat Book i 7, Page 1, of the Johnson County Recorder's Office; Thence S88.05'10"W, 316.82 feet; Thence NO.38'46"E 208.65 feet; Thence N86931'19"E, 314.87 feet to the Centerline of the County Road; Thence South along said Centerline, 217.16 feet, to the Point of Beginning. Said tract of land contains 1.54 acres, more or less, and is subject to easements and restrictions of record. LOT 2 Commencing at the West Qu Township 79 North, Range 6rWest ofrnthe of Section Principal Meridian, Johnson County, Iowa; Thence East 1309.08 feet to the Centerline of the County Road; Thence North on said Centerline, 968.83 feet to the Point of Beginning; all in . accordance with the Plats of Survey Recorded in Plat Book 14, Page 26 and revised R.H. Davis Subdivision in Plat Book i 7. Page 1, of the Johnson County Recorder's Office; Thence S88"05'10"W316.82 feet; Thence NO°00'00"E, 153.57 feet; Thence N88005,10"E, 316.82 feet, to the Centerline of the County Road; Thence S0"00'00"W, along said Centerline, 153.57 feet to the Point of Beginning. Said tract of land contains 1.12 acres, more or less, and is subject to easements and restrictions of record. 7V City of Iowa City MEMORANDUM Date: May 1, 1986 To: City Council From: Karin Franklin Re: Application Fees for County Subdivisions _v I For at least ten years the City has been .charging application fees for the review and approval of subdivision plats within the two-mile extraterritorial jurisdiction of the City. A distinction has not been made between the fees charged for County subdivision processing and City subdivision processing. In 1981, a study was done of the fee structure for planning and zoning applica- tions. A proposal was made to the Council to increase the fees to a level which would in an average case cover the cost of processing the development proposal. The proposal was rejected based on a policy decision that the City, i.e. the public, should subsidize the cost of development to some extent. A schedule was adopted in November, 1981, which incorporated this policy. The fees set for a combined preliminary and final subdivision appli- cation was a $300 flat fee plus $10 per lot. The flat fee targeted the costs one would expect with any subdivision; the per lot addition was intended to address the costs associated with different size subdivisions. The total fee did not cover the cost of processing the applications in 1981. In 1986, fees were increased throughout the City in response to fiscal problems. The new fees adopted for planning and zoning applications were those originally proposed in 1981. The new fees do not cover the cost of processing applica- tions in all cases. Many applications cost more to process than the fee generated; some application costs are less than the fee. bj4/7 7?' STAFF REPORT To: Planning and Zoning Commission Prepared by; Karin Franklin Item: S-8606. Kitty Lee Subdivision Preliminary and Final Plat (County) Date: April 17, 1986 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Richard H. Davis 2357 Mormon Trek Iowa City, Iowa 52240 Approval of a preliminary and final plat of a County subdivision. To define the lots of two existing residential structures. South of the Iowa City corporate limits, west of Freeway 218, and north of Highway 1 on the old Mormon Trek Boulevard alignment. 2.66 acres Johnson County/Iowa City Fringe Area Policy Agreement Area 7; residential development conforming to urban design standards. Agriculture, single family residen- tial; R1 -A. North - agricultural use; RI -A East - single family residential; RS South - agricultural use; RI -A West - agricultural use; RI -A Subdivision regulations, stormwater management regulations May 19, 1986 June 3, 1986 Water and sanitary sewer will be provided privately. Police protection will be provided by Johnson County and fire protec- tion by Coralville. 7d/ r- 2 Transportation: Access to the subdivision is from Highway 1 along the old alignment of Mormon Trek Boulevard. Topography: The topography is gently sloping to hilly. ANALYSIS The proposed subdivision is for two lots on which residences presently exist. The subdivision is brought before the Commission because one lot on the Davis property was conveyed in 1975 and the division of these two lots constitutes the second and third split. Under the Iowa Code and the Iowa City Municipal Code, the division of land into three or more lots, each of which is less than 10 acres in size, is a subdivision requiring platting and approval. This sub- division is in the County within the two mile extraterritorial jurisdiction of the City and within Area 7 of the Johnson County/Iowa City Fringe Area Policy Agreement. Review and approval of the plat by the City is required. The Area 7 policy encompasses a subarea which is defined by the watershed line between the Willow Creek and Old Man's Creek drainage areas. This subdivision is north of the line in the Willow Creek watershed. The policy permits resi- dential development in this area and suggests an evaluation of the subarea for annexation. Urban design standards are to be applied to subdivisions in the subarea. Since the lots are already built on and a road is in place, the submission of the plat will have no effect on the development of the lots. An agreement waiving the right to protest future assessments for improvements (e.g. road, municipal sewer and water) should be submitted. The subdivider's agreement should also include a provision for the dedication of 33 feet of right-of-way of the unnamed County road upon annexation. Legal documents for the future provision of stormwater management on the remainder of the tract should also be submitted. STAFF RECOMMENDATION The staff recommends that the preliminary and final subdivision plat for Kitty Lee Subdivision be deferred pending resolution of the deficiencies and discrep- ancies outlined below. The subdivider has requested a waiver of preliminary plat requirements. The staff has no objection to this waiver if the informa- tion below is provided. DEFICIENCIES AND DISCREPANCIES 1. Legal documents cited in the staff analysis should be submitted. 2. The existing houses on the lots should be shown. 3. The plat should show the location of existing and proposed wells and septic systems. 4. The location map should be updated to show the correct location of Freeway 218. 711 _41 3 5. The owner of the intervening lot is Mary Fountain, not Carol Barker; the plat should be amended accordingly. 6. All existing utilities should be shown. ATTACHMENTS 1. A letter requesting a waiver of preliminary plat requirements and a waiver of the subdivision application fee. 1. Plat. i \ Approved by: D nald Schmeiser, Director Department of Planning and Program Development Iv/ W, Richard H. and Florence E. Davis 2iS1 2t32 Mormon Trek Iowa City, Iowa 52240 April 3, 1986 Karin Franklin, Senior Planner i Department of Planning and Program Development Civic Center 410 E. Washington ' Iowa City, Iowa 52240 i RE' Preliminary and Final Plat of Kitty Lee Subdivision, Johnson County, Iowa Dear Mrs. Franklin I As Owners of the above referenced subdivision, we are respectfully requesting that the requirements of Section 32, Article 11, Division 2 ' (Preliminary Plat Requirements) be waived. The purpose and intent of the subdivision is to provide "Lot and Subdivision Designation" for two existin structures currently exist. g Parcels on which residential We are submitting a check in the amount of $520.00 for the application fee, however we are asking that, due to the nature of this particular subdivision, the fees be waived and the check returned. Sincerely, APR 4 1986 Richard H. Davis MARIAN K. KARR CITY CLERK (1) jr RICHARD H. DAVIS 9 rs i Q t✓e 2�.1�J 19�J./ ff1� PAY 7D711L ORD1R O,_—"- 72-1575/779 $ ee DOLLAR Hills Bank -hh��■ n Richard H. and Florence E. Davis 2iS1 2t32 Mormon Trek Iowa City, Iowa 52240 April 3, 1986 Karin Franklin, Senior Planner i Department of Planning and Program Development Civic Center 410 E. Washington ' Iowa City, Iowa 52240 i RE' Preliminary and Final Plat of Kitty Lee Subdivision, Johnson County, Iowa Dear Mrs. Franklin I As Owners of the above referenced subdivision, we are respectfully requesting that the requirements of Section 32, Article 11, Division 2 ' (Preliminary Plat Requirements) be waived. The purpose and intent of the subdivision is to provide "Lot and Subdivision Designation" for two existin structures currently exist. g Parcels on which residential We are submitting a check in the amount of $520.00 for the application fee, however we are asking that, due to the nature of this particular subdivision, the fees be waived and the check returned. Sincerely, APR 4 1986 Richard H. Davis MARIAN K. KARR CITY CLERK (1) jr RICHARD H. DAVIS 9 rs 2787 2357 MORMON TREK BLVD. PH. 019,151.1 IOWA CITY, 7A 52ND t✓e 2�.1�J 19�J./ ff1� PAY 7D711L ORD1R O,_—"- 72-1575/779 $ ee DOLLAR Hills Bank -hh��■ n .0.A TutCo. �** LLL fff mn � , I0739L37SSI: 120 840 SBR 27117 r- RESOLUTION 110. 86-121 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY TO DEVELOP AND IMPLEMENT A HOUSING MODIFICATIONS PROGRAM FOR THE FRAIL ELDERLY. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds from the U.S. Department of Housing and Urban Develop- ment under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City wishes to assist lower income frail elderly residents of Iowa City with minor structural repairs and modifications to their homes in order to enhance their ability to remain independent and stay in their homes; and WHEREAS, the City of Iowa City wishes to contract with the Elderly Serv- ices Agency, an Iowa not-for-profit corporation, to develop and implement a Housing Modifications Program for the Frail Elderly. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest the attached agreement with the Elderly Services Agency to develop and implement a Housing Modifications Program for the Frail Elderly. It was moved by Strait and seconded by McDonald the Resolution be adopted, andupon roil caTT there were: AYES: NAYS: ABSENT: _ X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 6th day of May , 1986. ATTEST:LIFY /�L24tn�xJ 7C. 'Ta�l� CLERK Receive•! a Approved Py Th Lena! 1)i rlf --J?�....._ _.iq 79S ='r� r - AGREEMENT BETWEEN THE CITY OF I0WA CITY AND H FOR THE USE OF1986 COMMUNITY E TY DEVELOPMENTBLOCK GRANT FUNDS FOR A HOUSING MODIFICATIONS PROGRAM FOR THE FRAIL ELDERLY THIS AGREEMENT, entered into on this day of M by and between the City of Iowa City, a —municipal cor orati 1986, ferred re - to as the "City"), and the Elderly pServices Agency, an Iowa not-for-profit corporation (herein referred to as "ESA"). WHEREAS, the City is the recipient of Community Development Block Grant ofeHousingrein fanded to UrbanDevelopment (herein dto as"HUD,,nted by ) he ted Department of the Housing and Community Development Act of 1974, as amendedunder eublicTitle 1 93-383); and Law WHEREAS, the City wishes to assist lower income frail elderly residents of Iowa City with minor structural repairs and modifications to their homes in order to enhance their ability to remain independent and stay in their homes. NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: 1.1 PURPOSE AND SCOPE OF SERVICES: A. The ESA agrees to assist lower income frail elderly residents of Iowa City with the necessary minor structuralrepairs and modifica- tions to their homes that will allow them to remain in their homes (the "project"). B. The ESA agrees to develop and implement a Housing Modifications Program for the frail elderly that is substantially consistent with the ESA's proposal for 1986 CDBG funds entitled "Housing Modifica- tions for Low/Moderate Income Frail Elderly." Any substantial amendment or deviation from said proposal shall be reviewed and approved in advance, in writing, by the City. C. ESA agrees to employ a Chore and Respite Coordinator, at ESA's expense, who is responsible for developing and administering the Housing Modifications Program. 1.2 TIME OF PERFORMANCE AND FUNDING: A. This Agreement shall commence upon execution by the parties and shall terminate on December 31, 1986. In consideration for the services to be provided hereunder, the City shall pay and ESA agrees to accept no more than eight thousand dollars ($8,000) for performance under this agreement. B. Partial payment shall be made twice a month upon presentation of invoices, service agreements, and contractor/subcontractor lien waivers for structural repairs and modifications completed to the ESA and City's satisfaction. 79s r 2 C. Monthly reports detailing each project's progress for the previous month shall be submitted to the City by ESA by the fifth day of the month. Statement of billings shall be due by the fifth and twelfth day of the month. Reimbursement shall be made to ESA by the fif- teenth and twenty-fifth day of the month for City -approved expendi- tures incurred during the previous month. 1.3 GENERAL ADMINISTRATION: A. Required reports. 1. ESA shall be responsible for the administration of the Housing Modifications Program. All expenditures under the program shall conform to the OMB Circular A-122, Cost Principles for Non-profit Organizations and Attachment 0, Procurement Stan- dards, of OMB Circular and A-110 (copies to be provided by the City). 2. ESA shall submit quarterly reports to the Department of Plan- ning and Program Development, CDBG Administration, on the 15th day of July and October, 1980, and January 1981, or until all COBG funds disbursed under this agreement have been expended. Such report shall document the progress of the projects set forth herein and contain any such information as reasonably required by the City. 3. Not later than January 31, 1987, ESA will provide the City with a certified statement of expenditure of funds dispersed under this agreement. O. Other reports and audits and inspections. 1. ESA shall furnish the City or HUD with such statements, re- cords, data and information as the City or HUD may reasonably request pertaining to this agreement within the time requested. 2. At any time during normal business hours, there shall be made available to the City, HUD and/or the Comptroller General of the United States or their duly authorized representatives, all of ESA's records with respect to this agreement, in order to permit examination of any audits, invoices, materials, pay- rolls, personnel records, conditions of employment, and other data relating to matters covered by this agreement. 3. ESA shall retain financial records, supporting documents, statistical records, and all other records pertaining to expen- ditures under this agreement for a period of three years from the termination of this agreement. 1.4 TERMS AND CONDITIONS: This agreement shall be subject to the following terms and conditions, to wit: 795 01 3 A. Equal employment opportunity. ESA shall not permit any of the following practices by a contrac- tor, client or ESA employee: Discharge from employment, refuse to hire, or discriminate against any individuals in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orien- tation or disability. B. Non-discrimination in services. ESA shall not deny to any person services under this agreement on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. C. Termination. This agreement may be terminated upon 30 -day written notice by either party. D. Interest of ESA. ESA covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in a manner or degree with the performance of services under this agree- ment. ESA further covenants that in the performance of this agree- ment, no person having such an interest shall be employed by ESA. E. Interest of certain other officials. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval and carrying out of the project to which this agreement pertains shall have any private interest, direct or indi- rect, in this Agreement. F. Assignability. ESA shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written ap- proval of the City. G. Hold harmless provision. ESA shall defend, indemnify and hold harmless the City, its offi- cers, employees and agents from all liabilities, losses, costs, damages, expenses (including reasonable attorney's fees and court costs), or actions resulting from acts of persons employed by or in the Housing Modifications Program, or resulting from or incurred by reason of any actions based upon the performance of this agree- ment. 795 al 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date above -stated. CITY OF IOWA CITY ELDERLY SER ICES AGENCY By By 7d Kate lliC KSon, Mayor Pro tem Attest: Ma �-�� Attest: City Clerk i I Reeetved & Appmved By Tal Depart gent .01 PG 79s r RESOLUTION NO. 86-122 RESOLUTION AUTHORIZING AN EXTENSION OF THE DESIGNATED TARGET NEIGH- BORHOODS FOR THE RENTAL REHABILITATION PROGRAM. WHEREAS, the City of Iowa City is the recipient of Rental Rehabilitation Grant funds from the U.S. Department of Housing and Urban Development, and WHEREAS, the City of Iowa City did, by Resolution No. 84-278 and Resolution No. 85-206 designate target neighborhoods for the Rental Rehabilitation Program, and WHEREAS, the City of Iowa City desires to extend said target neighborhoods for the Rental Rehabilitation Program to include certain downtown commercial blocks whose structures are at least 51% residential in nature, and WHEREAS, Exhibit A which is attached and by this reference made a part of this Resolution shows the proposed extension of the Rental Rehabilitation target neighborhoods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the target neighborhoods as shown on Exhibit A attached hereto, be designated for the Rental Rehabilitation Program. 2. That copies of the aforesaid document for the Rental Rehabilitation Program be made public and available for citizen review in the Office of the City Clerk and the Department of Planning and Program Development. It was moved by Strait and seconded by McDonald the Resolution be adopted, and upon roll call there we e: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 6th day of May 1986. MAYUKTro ron ATTEST: �1mun .J Wa' �� a Approved CI CLERI: ��a� ID J'G '70 I `1 r EXHIBIT A IOWA CITY RENTAL REHABILITATION TARGET NEIGHBORHOODS "z Expanded Areas Proposed Boundary Extension 79G I -Al -Al r - City of Iowa City MEMORANDUM Date: April 29, 1986 To: City Council From:01marianne Milkman, CDBG Program Coordinator Re: Target Neighborhood Extension - Rental Rehabilitation Program The City has recently been requested to extend the boundaries of the Rental Rehabilitation Program Target Area to include the 200 block of South Clinton Street. The hatched five block area circled on the attached map, which includes the 200 block of South Clinton, was not originally included in the rental rehabilitation target area because of the largely commercial nature of those blocks. However, rental units do exist in the upper stories of the comnercial structures and almost all of the units are occupied by low and moderate income residents. Information from the U.S. Bureau of the Census indicates that of the 85 housing units within the five block area, 82 units, or 96%, are renter -occupied. Over 82% of the residents of the census tract which includes these blocks are of low and moderate income and the concentration of low and moderate income residents increases within the tract as one approaches the downtown area. Due to the large proportion of residential rental properties and the income eligibility of these five blocks, staff proposes the addition of the blocks to the rental rehabilitation target area. Including these blocks in the rental rehabilitation target area would permit property owners to participate in the rental rehabilitation program provided the residential rental units meet the requirements of the pro- gram, including the stipulation that the floor area of the residential uses of a structure constitutes 51% or more of the total floor area of the building. The rehabilitation of structures in these blocks would also contribute to the continued revitalization of the the downtown area. As indicated in the minutes of the Housing Commission for April 8, 1986, the Commission approved the inclusion of these blocks on condition that preference for rehabilitation be given to rental units in non-commercial areas. The Committee on Community Needs also approved the extension of the target neighborhoods at its meeting on April 15, 1986. CCN did not feel it necessary to establish a policy of giving preference to rental units in residential areas. /sp 70 -v ; May 6 , 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 Pro tem Dickson , in the chair, and the following named Council Members: Baker Courtney. Dirkcnn Mr Donald Straits Zuber i Absent: _Amhricrn IE l 4� 1 f -I- "M Cu .. Do.W It",. S ..h 6 Mlhm, I,wyen. M Mdrc.. Nn, 797 -I Res. 86-123 Member Zuber introduced the following Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $1,575,000 PARKING SYSTEM REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS", and moved its adoption. Member McDonald seconded the motion to adopt. The roll was called and the vote was: AYES: Strait, Zuber, Baker, Courtney, Dickson, McDonald ABSENT: Ambrisco NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: 86-123 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $1,575,000 PARKING SYSTEM REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Parking Facilities System, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Revenue Bonds, subject to the following premises; and WHEREAS, Issuer proposes to issue its Revenue Bonds to the extent of $1,575,000 for the purpose of defraying the costs of the project as set forth in Section 3 of this Resolution; and WHEREAS, there have been heretofore issued Parking System Revenue Bonds, part of which remain outstanding and are a lien on the net revenues of the System. In the Resolution authorizing the issuance of the outstanding bonds it is pro- vided that additional Revenue Bonds may be issued on a parity with said outstanding bonds, for the costs of future improve- ments and extensions to the System, provided that there has been procured and placed on file with the Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity bonds; and -2- Ahlen. GwnrY, fMmmlrt WY^e. Smnh 6 Alit,, t Yen. D "w—& hn. 7?7 r WHEREAS, a statement of a certified public accountant, not in the regular employ of Issuer, will be placed on file in the office of the Clerk, showing the conditions and limitations of said Resolution, dated November 4, 1985, with regard to the sufficiency of the revenues of the System to permit the issuance of additional Revenue Bonds ranking on a parity with the outstanding bonds to have been met and satisfied as required; and WHEREAS, the notice of intention of Issuer to take action for the issuance of $1,575,000 Parking System Revenue Bonds has heretofore been duly published and no objections to such proposed action have been filed: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Def i_ n� itis ons. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (b) "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System; (c) "Clerk" shall mean the Clerk or such other officer of the successor governing body as shall be charged with substantially the same duties and responsibilities; (d) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder; (e) "System" shall mean the parking revenue system of the City including "off-street parking" as hereinafter described and "on -street parking" including parking meters located on and along the City's streets and all properties acquired or to be acquired from revenues of the system or made a part thereof by Council resolution. For purposes of this resolution and unless amended by the City Council, the system is presently made up and comprised of the following: Two (2) municipal parking garages, seven (7) permanent off-street parking lots, one (1) temporary off-street library parking lot and on -street meters totaling 2,710 spaces in all. -3- Ahl,n C�. Ibr Ir( llry",. smnh, Alll+,. I_WM Marc. Inn, 797 A provided, however, that the City may from time to time by resolution lend or lease to the parking system for temporary use additional lands or lots which may be available for temporary use as parking. Such temporary land or lots may be withdrawn from the system by Council resolution irrespective of the provisions of Section 17(f) of this resolution which provisions limit and restrict the manner of disposition of property comprising the system; (f) "Net revenues" shall mean gross earnings including rentals, lease payments, parking fees, overtime parking fees, and parking charges of any kind of the system after deduction of current expenses; "Current expenses" shall mean and include (1) for all off-street parking facilities the reasonable and necessary cost of operating, maintaining, repairing and insuring such facilities, salaries, wages, costs and materials and supplies; (2) for all on -street parking meters, the repair and replacement of parking meters, salaries and wages of meter maids, meter repair and collection personnel; (g) "Fiscal Year" shall mean the twelve months' period beginning on July 1 of each year and ending on the last day of June of the following year, or any other con- secutive twelve month period adopted by the governing body or by law as the official accounting period of the System; (h) "Registrar" shall be the City Controller of Iowa City, Iowa or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a registrar of the owners of the bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the bonds. (i) "Paying Agent" shall be the City Controller or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuers agent to provide for the payment of principal of and interest on the bonds as the same shall become due. (j) "Original Purchaser" shall mean the purchaser of the Bonds from Issuer at the time of their original issuance. (k) "Bonds" shall mean $1,575,000 Parking system Revenue Bonds, authorized to be issued by this Resolution; (1) "Parity Bonds" shall mean Parking System Revenue Bonds payable solely from the net revenues of the System on -4- e"m. Ca ,, Mo IeE H"n Smnh b Nhne. I n. M .Y P a �� `1 r - an equal basis with the Bonds herein authorized to be issued and shall include the Outstanding Bonds; "Outstanding Bonds" shall mean the Parking System Revenue Bonds dated November 1, 1985, issued in accordance with Resolution No. 85-316 adopted November 4, 1985, $3,795,000 of which bonds are still outstanding and unpaid and remain a lien on the net revenues of the System; (m) "Corporate Seal" shall mean the official seal of Issuer adopted by the governing body; (n) "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State; and (o) "Project Fund or Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Division V, Chapter 384; of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Bonds of Iowa City, in the County of Johnson, State of Iowa, Series 1986, each to be designated as "Parking System Revenue Bond", in the aggregate amount of $1,575,000 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, dated May 1, 1986. Section 4. Source of Payment. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future net revenues of the System. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said net revenues to be sufficient for the payment of the Bonds. Section 5. Bond Details. Parking System Revenue Bonds of the City in the amount of $1,575,000 shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The bonds shall be designated "PARKING SYSTEM REVENUE BOND", be dated May 1, 1986, and bear interest from the date thereof, until payment thereof, at the principal office of the Paying Agent, said interest payable on January 1, 1987 and semiannually thereafter on the 1st day of -5- A�, C� �1"H ..",h.N.K.797 al -A� r July and January in each year until maturity at the rates hereinafter provided. The bonds shall be executed by the facsimile signature of the Mayor and attested by the facsimile signature of the City Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the bond. The bonds shall be each in the denomination of $5,000 or multiples thereof. Said bonds shall mature and bear interest as follows: Interest Principal ity Rate Julyrlst 5.506 $ 65,000 1987 6.006 $ 65,000 1988 6.256 $ 70,000 1989 6.506 $ 75,000 1990 6.706 $ 80,000 1991 6.906 $ 85,000 1992 7.106 $ 95,000 1993 7.306 $100,000 994 7.506 $105,000 1995 7.606 $115,000 1995 7,706 $125,000 1997 7,806 $130,000 1998 7.906 $145,000 1999 8.006 $155,000 2000 8.006 $165,000 2001 Section 6. Redemption. Bonds maturing after July 1, 1992, may be called for redemption by the Issuer and paid before maturity on said date or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the bond. The tems accrued ofrcallfpluseaption premiumall e expressed,aslaspercentageinterest as follows: SS A rM C�. Wa jm IYYnr. Smith A ♦Rhee. L. Wl Or, Moi �. �7 / 9l Price Redemption Date July 1, 1992 and January 1, 1993 102.06 101.56 July 1, 1993 and January 1, 1994 101.06 July 1, 1994 and January 1, 1, 1995 1996 100.56 July 1, 1995 and January 100.06 July 1, 1996 and thereafter SS A rM C�. Wa jm IYYnr. Smith A ♦Rhee. L. Wl Or, Moi �. �7 / 9l 70 If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of bonds to be called has been reached. Section 7. Req istration of Bonds; Appointment of Registrar; Transfer• Ownership; Delivery; and Cancellation. (a) Registration. The ownership of bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the bonds and in this resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the principal office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Req istration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of thie Resolution. -7- I Mkm C�. Wo lm 1l mn Smith { MQw I M Ik+ ANM NM. �7 (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any j payment check representing payment of interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section B. Reissuance of Mutilated, Destroyed Stolen or Lost Bonds. In case any outstanding Bond shall become mut lated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated -8- MOM C m Mr%. (rt 16y S th A Alllrre. Urft M Agrc. As, al _A� r - Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise 'than full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the bond to the Paying Agent. Section 10. Execution Authentication and Delivery of the Bonds. Upon the adoption of this resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the registrar shall duly endorse and execute on such Bond a certificate of authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this resolution and that the holder thereof is entitled to the benefits of this resolution. -9- r w Ahlr% Co . po J. IYvnt. Smlh L A1111.. U+1n Section 11. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: FIGURE 1 (Front) -10- AhlPn, Carry Ibmnln IYMe. Smith 6 AINee. Ixxrn Dn hWrcl IMA 47per (1) (2) (3) (4) (5) (9) (9A) (continued on the (10) back of this Bond) (11)(12)(13) (19) (15) 11111111111711 FIGURE 1 (Front) -10- AhlPn, Carry Ibmnln IYMe. Smith 6 AINee. Ixxrn Dn hWrcl IMA 47per (1) (2) (3) (4) (5) (9) (9A) (continued on the (10) back of this Bond) (11)(12)(13) (19) (15) FIGURE 1 (Front) -10- AhlPn, Carry Ibmnln IYMe. Smith 6 AINee. Ixxrn Dn hWrcl IMA 47per r FIGURE 2 (Back) -11- AMT. Cao+y. poixnlet IYMe. Smuh t Allhre, b•y'n �^ Mwm Iwa -? 7 a, The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "PARKING SYSTEM REVENUE BOND" "SERIES 1986" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: May 1, 1986 Item 5, figure 1 = Cusip R Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) Thousand Dollars in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the principal office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on January 1, 1987 and semiannually thereafter on the let day of July and January in each year. Interest shall be paid to the registered holder of the bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. This bond is issued pursuant to the provisions of Section 384.83 of the City Code of Iowa, 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, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after July 1, 1993, may be called for redemption by the Issuer and paid before maturity on said date -12- A61m Gwrv� Unr.nla W,.,. pmmL A .1111 b.1,, U, A4.- 4M, r" -I or any interest payment date thereafter, from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the bond. The terms of redemption shall be par, plus accrued interest to date of call plus a pre- mium expressed as a percentage, as follows: Redemption Date Price July 1, 1992 and January 1, 1993 102.0% July 1, 1993 and January 1, 1994 101.5% July 1, 1994 and January 1, 1995 101.0% July 1, 1995 and January 1, 1996 100.5% July 1, 1996 and thereafter 100.0% Ownership of this bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this bond at the principal office of the Registrar, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, give 60 days' notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the bond resolution. This Bond and the series of which it forms a part, other bonds ranking on a parity therewith, and any additional bonds which may be hereafter issued and outstanding from time to time on a parity with said Bonds, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the net revenues of the Municipal Parking Facilities system (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof. -13- Mlm. Cao�xv. pomaln IYp.e. SmnL a Alit,, ANm N^.. �� -A� And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its City Council has caused this bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and authenticated by the manual signature of the Registrar, the City Controller of Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the bonds described in the within mentioned resolution, as registered by the City Controller. City Controller By Registrar Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] City of Iowa City, Iowa By: Mayor's facsimile signature Mayor Attest: City Clerk's facsimile signature City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this bond is a part. (facsimile signature) City Clerk [Opinion of Bond Counsel] -14- Mlm. Ca .. Mr 1mm JUMO.. SM6 L All r .. U,w . On 1.Nrc.. Mn. V7 Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee should be made by a member or member organization of the New York Stock Exchange, members of other Exchanges having signatures on file with transfer agents or by a commercial bank or trust company. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. -15- .Wm. c....y. W�Ir.lwm.s Ih a Vlt�. U. and &.� h... V/ FE The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - .......... Custodian •.......• (Cust) Minor) under Uniform Gifts to Minors Act....... ........... (State) Section 12. Right to Name Substitute Paying Aqent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving 60 days' written notice to each registered bondholder. Section 13.Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secured equally and ratably by the revenues of the System without priority by reason of number or time of sale or delivery; and the revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14.Plication of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds of the System shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Sinking Fund. Section 15. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. So long as the Bonds are outstanding and unpaid the rates or charges to consumers of services of the System shall be sufficient in each year for the payment of the proper and reasonable expenses of operation and maintenance of the System and for the payment of principal and interest on the Bonds and Parity Bonds as the same fall due, and to provide for the creation of reserves as hereinafter provided. -16- Mlm. Cml+y. Uom do 11.x+.,. i Ifi, ,N . I.+ ,. f I.V., Iw.. M 91 -Ai r In the event the Issuer or any department, agency or instrumentality thereof in any way uses or is served by the System, the rates or charges provided for shall be paid by the Issuer from its Corporate Fund, or by such department, agency or instrumentality thereof. Any revenues so collected by the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 16. Application of Revenues. The provisions in the Resolution heretofore adopted on November 4, 1985, whereby there was created and is to be maintained a Parking System Revenue Bond and Interest Sinking Fund, and for the monthly payment into said fund from the future net revenues of the System such portion thereof as will be sufficient to meet the principal and interest of the outstanding Parking System Revenue Bonds dated November 1, 1985, and maintaining a reserve therefor, are hereby ratified and confirmed, and all such provisions inure to and constitute the security for the payment of the principal and interest on Parking System Revenue Bonds hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Parking System Revenue Bond and Interest Sinking Fund in equal monthly installments from the earnings shall be sufficient to pay the principal and interest due each year, not only on the Parking System Revenue Bonds dated November 1, 1985, but also the principal and interest of the Bonds herein authorized to be issued and to maintain a reserve therefor. Section 16, of said Resolution, is hereby ratified, confirmed, adopted and incorporated herein as a part of this Resolution. The provisions of the legislation authorizing said Outstanding Bonds and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the Resolution or Ordinance first adopted shall prevail until such time as the Bonds authorized by said Ordinance or Resolution have been paid off or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. Section 17. Covenants Regardinq the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) 02 eration of the System. issuer hereby covenants and agrees with the holder or holders of the bonds herein authorized to be issued, or any of them, that it will faithfully and punctually perform all duties with reference to said public motor vehicle parking facilities system required by the Constitution and laws of the State of Iowa, and this resolution, including the making and collecting of -17- AIJ.n Cnnn. Unxnln Ily [ 5mnM1 A AM- lagrn I4. A4xnn lim,r W� reasonable and sufficient rates or services afforded thereby, and will segregate the revenues and make application thereof into the respective funds, as provided by this resolution. Issuer further covenants and agrees with the holders of said bonds to maintain in good condition and continuously and efficiently operate said facilities and meters comprising the System. Issuer further covenants and agrees that, except as hereinafter otherwise provided, so long as any of the bonds authorized to be issued under the terms of this Resolution or bonds ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or in any manner dispose of or encumber public motor vehicle parking facilities comprising the System until all of said bonds have been paid in full as to both principal and interest or unless and until full and sufficient provision shall have been made for the payment thereof. However, the right is reserved to the City to dispose of any property constituting a part of the System as provided in Section 17(f). Nothing contained in this Resolution shall be construed to prevent the city from leasing to others or contracting with others for the operation of any of the facilities constituting a part of the System to the extent permitted by law, provided the net revenues derived from any such leases or contracts, in combination with all other net revenues of the System, are found by the City Council to be not less than those required to be paid unto the Funds as herein provided. Nothing contained in this Resolution shall be construed to prevent the City from disposing by lease, sale or as may be permitted by law, of the air rights (and reasonable access rights) above any of the off-street parking facilities constituting a part of the System or of other portions thereof not useful or intended for the parking of vehicles, provided that the revenues from any such lease shall be treated as a part of the income and revenues of the System and shall be used anc applied as provided in this Resolution, but no such contract or lease may result in a reduction of the aggregate net revenues of the System below the amounts necessary to be paid into the Funds as herein provided. While the bonds authorized hereunder, or any of them, remain outstanding and unpaid no free service shall be afforded by said parking facilities, provided, that the City Council may, by resolution, authorize the use of a designated portion of the parking facilities without charge, when: (1) the Council has first affirmatively determined that such use will not cause the aggregate net reenes tovbeuless hthan o125% ofbe lthe amounts ved from erequired to bebalance of etem paid -18- AIJgr lunM Iknxnln. IYrnn Mwlrl Allbrw. WxJeh ib r into the Sinking Funds during the then next succeeding fiscal year, and (2) if the facilities to be operated without charge produced over 158 of the gross revenues of the entire system in the then last preceding fiscal year, the finding by the City Council must be predicated upon and supported by a certificate executed by a nationally recognized parking facilities consultant employed for the purpose of examining the books and records pertinent to the system and of certifying to the amount of revenues which will be derived from the balance of the system. Any of the off-street parking facilities may be withdrawn from use at any time for the purpose of erecting multiple level parking structures, garages or other parking facilities thereon which are to be incorporated in and made a part of the system of the City, but no such facilities may be so withdrawn unless the City Council affirmatively finds that the net revenues to be derived from the operation of the remainder of the System, together with interest during the construction of the additional structure, will be no less than those required to be paid into the Funds herein provided during the period of construction. The City agrees that it will take no action in relation to its parking system which would unfavorably affect the security of the bonds herein authorized or bonds ranking on a parity therewith or the prompt payment of the principal thereof and interest thereon, but nothing in this Resolution contained shall be construed to prohibit appropriate changes in the location of on -street parking meters made necessary by street widening, alterations or closings, nor prohibit substitution or changes in the location of on -street parking meters in order to provide essential and necessary traffic regulation and control. (b) Rates. That on or before the beginning of each fiscal year the governing body will adopt or continue in effect rates for all services rendered by the System sufficient to produce net revenue for the next succeeding fiscal year sufficient to meet the requirements of the several funds as provided in this Resolution. For purposes of the last clause of the next preceding sentence "net revenues" shall be those for the next succeeding fiscal year as determined from the budget for such year as required herein, and for purposes of such determination the budgeted total revenues may be increased by the amount, if any, by which deposits into the Sinking Fund during the current fiscal year shall have exceeded the requirement of this Resolution. (c) Insurance. That the Issuer shall maintain insurance for the benefit of the bondholders on the -19- Ne+n Cnrx� fb .nlrl "u".. 1-164 All.r, u. p•v .x+u.n.• Ism. �� r insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Parking System Improvement Fund. (d) Accountinq and Audits. That the Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited annually not later than 90 days after the end of each fiscal year by an independent auditor and will file copies of the audit report with the Original Purchaser and will make generally available to the holders of any of the Bonds and Parity Bonds, the balance sheet and the operating statement of the System as certified by such auditor. The Original Purchaser and holders of any of the Bonds and Parity Bonds shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the Original Purchaser or the holder or holders of 258 of the outstanding Bonds and Parity Bonds may cause such audits and reports to be prepared at the expense of the Issuer. The audit reports required by this Section shall include, but not be limited to, the following information: i An evaluation of th ( I e manner in which the Issuer has complied with the covenants of this Resolution, including particularly the rate covenants included herein; (ii) A statement of net revenues and current expenses; (iii) Analyses of each fund and account created hereunder, including deposits, withdrawals and beginning and ending balances; (iv) A balance sheet; (v) The rates in effect at the end of the fiscal year, and the number of customers of the System; (vi) A schedule of insurance policies and fidelity bonds in force at the end of the fiscal year, showing with respect to each policy and bond the -20- AM— C—x , Id�.ah, IYynm. 5-011 Alex,•. W.x, (N, N xM, L... al r nature of the risks covered, the limits of liability, the name of the insurer, and the expiration date; (vii) An evaluation of the Issuer's system of internal financial controls and the sufficiency of fidelity bond and insurance coverage in force; (viii) The names and titles of the principal officers of the Issuer; and (ix) A general statement covering any events or circumstances which might affect the financial status of the System. In the event the audit provided for in this Section is prepared by the State Auditor the governing body will cause to be prepared a certified supplemental report containing the information required by this Section. (e) State Laws. That the Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the essystem of a s above provided, and will segregate System and apply said revenues to the funds specified in this Resolution. (f) Pro ert . That the Issuer will not sell, lease, mortgage or in any manner disposan fandeallsextestem 'nsionsor yand capital part thereof, including Y additions that may be made thereto, until satisfaction and discharge of all of the Bonds and Parity Bonds shall have been provided for in the manner provided in this Resolution. Provided, however, this covenant shall not be construed to prevent the disposal by governing body Issuer become which in the judgment of its inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further shallthat bethe placedin proceeds a Revolving disposition of such property Fund to be used in preference to other sources for capital improvements to the System as provided with respect to the Improvement Fund, except that no such proceeds shall be used to pay principal or interest on the Bonds and Parity Bonds or payments into the Sinking or Reserve Funds. Any such payments made into the Improvement Fund shall be in addition to the regular monthly payments and the Fund balance provided for in Section 16(d) of this Resolution. -21- AIAnr lnanrL [Mx x nlrr Ibl nr, fmnlr A Allbn� Ux1r"r ix'. AMrx� Irm, [LLI Ni -A r (g) Fidelity Bond. That the Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. That the Issuer will require s and/or other security for the proper connecting charge payment of service charges. (i) Budqet. That the governing body of the Issuer will adopt a system budget of revenues and current expenses on or before the end of each fiscal year for the ensuing fiscal year,and will file copies of such budgets, and any amendments thereto, with the Original Purchaser and any bondholder requesting the same. such budget shall take into account revenues and current expenses during the current and last preceding fiscal years. The Issuer will incur no current expense not included in such budget, and will not permit total current expenses to exceed the budget, unless the governing body shall first have adopted a Resolution declaring the necessity of such expenses. Copies of such budget and approvals of expenditures in excess of the Purchaser and budget ltoriginal he bondholdersuponreques (j) Consultant Review. The city hereby covenants and agrees as long as any bonds hereby authorized are outstanding to regularly retain from time to time and at least once every four (4) years, the service of some engineer or firm of engineers of specialized reputation in the management and operation of motor vehicle parking facilities sometimes referred to in this resolution as the "Consulting Engineer", for the purpose of consultation and cooperation in connection with the operation and maintenance of its parking System facilities system and the establishment as well as any revision of the schedule of charges for the service and facilities to be thereby afforded. Such report shall be promptly forwarded to the original purchaser of the bonds. Section 18. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. -22- .F1'. Crwm} L+rxnl.l Ibine Nrvrli 6 .Illxe. 1,+le•r Prn r.4x+x Inx. -A,l t-" Section 19. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such additional Bonds to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any Bonds or Parity Bonds outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an independent certified public accountant, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the net revenues of the System for the preceding fiscal year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum amount that will be required in any fiscal year prior to the longest maturity of any of the then outstanding Bonds for both principal of and interest on all Bonds then outstanding which are payable from the net earnings of the System and the Bonds then proposed to be issued. For the purpose of determining the net revenues of the System for the preceding fiscal year as aforesaid, the amount of the gross revenues for such year may be adjusted by an independent Consulting Engineer or by a Certified Public Accountant not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such additional Bonds been in effect during all of such preceding fiscal year. -23- A6bn Q.-, (h.—I r W'— Smrrh A A111— b.'n iM AYxiu+ 11-1 M, (ii) the additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. (iii) for the purposes of this Section, prin- cipal and interest falling due on the first day of a fiscal year shall be deemed a requirement of the imme- diately preceding fiscal year. Section 20. Dispositionof Bond Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage Bonds within the meaning of Section 103(c)(2) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage Bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the Bonds to certify as to the reasonable expectation of the Issuer at that date. The Issuer covenants that it will treat as restricted yield investments the funds following: (a) Any amounts in the Sinking Fund in excess of 13/12ths of the total of annual principal and interest requirements. (b) Any amount on hand in the Reserve Fund in excess of fifteen percent of the original principal amount of the outstanding bonds and parity bonds. (c) Any amount on hand in the Improvement Fund to the extent that it has been held for a period greater than three years. "Restricted yield investments" are funds or investments which the Issuer covenants not to invest at a yield materially higher than the yield on the bonds as defined in the regulations issued under authority of Section 103(c) of the Internal Revenue Code of the United States. If any investments are held with respect to the bonds and parity bonds, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. 2 y ebin. Cpxv. M, 11" �"�nnn,A eni.... pqr•% fxy n..nn i... Iff =l� The Issuer covenants that it will exceed any investment yield restriction provided in this resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the bonds to be classed as arbitrage bonds under Section 103(c) of the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the bonds for the purpose set forth in this resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Bonds not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 103(b) of the internal Revenue Code of the United States, related statutes and regulations. Section 21. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and -25- Alnrn 1 rx inn Ibrxrvin IYrr.l•. �mnlr 6 Alllxv. W+xe+ ixr+Alnrx+ Ln, �� r the holders thereof shall be entitled only to payment out of the money or securities so deposited. ntract. The provisions of this Section 22. Resolution a Co Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds and Parity Bonds, and after the issuance of any of the Bonds no change, variation or alteration anykindmanner',eexceptsasns of providedsinetheunext tion shall be madede tany succeeding Section, until such time as all of the Bonds and Parity Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 23. Modification of Resolution. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds and any Par itse any Bonds Bonatwhiehtimayme then outstanding (not including in be held or owned by or for the account of the Issuer, but including such Refunding Bonds as sBondshav sbeen uchRissuednffor the purpose of refunding any of suchnds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or iter strate of the Bonds, or modify the terms of payment of or interest on the Bonds or any of them or impose any conditions with respect to such payment; of less than alleofally the BondstandeParitysBondshholders of then outstanding; and (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the originalPurchaser and to be published one time in a newspaper having general circulation in the State of Iowa, or a financial newspaper or journal published in New York, New York. Such notice shall briefly set forth the of the the posed amendatorymResolution ent and shall state that a copyy proposed is on file in the office of the Clerk. Whenever at any time within one year from the date of the publication of said notice there shall be filed with the Clerk an instrument or instruments executedincipalamountthe ofolders of at least two-thirds in aggregate -26- 07" AIAru 1 W.n Ibrxolpr IYrne. )111.1,6 A111.e 11-11'1 i4' \M1rxq IrM, 0i r then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds and Parity Bonds. Any consent qiven by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such dperson had on in deposit with such bank or trust company the Bonsuch certificate. Section 24. Addit anties of the Issu In order to maintain the exemption from federal income taxes of interest on the Bonds and for no other purpose, the Issuer covenants to comply with the provisions of H.R. 3838, the tax reform act of 1985 (the ',Bill1,) passed by the U.S. which has an House of Representatives on December provided, however, that effective date of December 31, 1985, p prior to enactment of the Bill, the Issuer reserves the right to accept the extended effective dates of certain of its provisions as provided in the Joint Statement of the leaders of the House Ways and Means Committee, the Senate Finance Committee and the Treasury Department, issued March 14, 1986. -27- AFlrn l�urq Ihnx ela lu"'., lmnlr F AIILw Lo- R+ IY� \Yxrxx 4Mx =lk l The Issuer may treat thejoint. Statement indicateeffective itoisextend the effective date of the p are not modified or withdnion ofOntil bond unless to the extent in the op necessary to maintain the tcovenants,status representationsthe nand the Issuer makes the following warranties with respect to the Bonds: t for use as a member 1. The Issuer represents that sexceof the bonds will not be Of the general public, the pin any trade or business carried on used directly or indirectly or indirectly by any person other than issue ersons ar or uothesed rlthan lgovernmental to make or finance loans to p units. 2. The Issuer will submit in a timely manner all reports, within it's power to accountings and information to the Internal Revenue Service an will take whatever action is necessary assure the continued tax exemption on the bond•to the Bonds 3. In the event the federal law applicablerequirements the is after the consideratrovisions ofion of the 1the ll 1Bill eretroactively different from the p ill effective to the time heeBonds law aare nd rissued,t, einsordersuer wto comply with the app maintain tax exemption with respect to the Bonds. e Bonds as q. For the sole purpose of qualifying th pursuant to Section 802 of qualified tax-exempt obligatisignate the Bonds as such ons dep the Bill, the Issuer does hereby anticipated amount of which will be issued during and represents that the reasonab qualified tax-exempt obligations ly the calendar 1986 year will not exceed Ten (10) Million Dollars. Section 25. Amendment of Rebelution to amended withoutltheaconsent Exemption. This resolution may ur ose of taking action of any owner of the Bonds for the sole p P necessarylicablenfederalxlaweorfregulationsion with spect to the Bonds under app paragraph, or Severability• If any section, Section 26. or unenforce- provision of this Resolution,sthelinvalidity be invalid or unenforceable for any paragraph or provision shall not ability of such section, P graphons. affect any of the remaining p ^^ resolutions au. - provisions of this -Resolution Al ._.. All other ordinances, are, tothe extentfofcwith suchthe thereof, -28- W,n, tm'h A Mllxe b+)�"+ . wn+. ��+• ude. (n+n Pm 'ff r conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Adopted and approved this 6th day of May , 1986. Mayor Pro tem ATTEST: -29- q.4n O. ryr.Mn IY'm S-11. a enlxe. IrFr M noncar IMa � 01 a r CIG -3 4-85 CERTIFICATE STATE OF IOWA COUNTY OF JOHNSON ) SS It certify tthatundersigned islaytruerandfcomplete tco Iowa, do hereby Y f portion of the corporate records of said Municipalitythe 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 hel attachment, which proceedd on the date indicated in the ings 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 waswith timely 1servedce of monteaching amembernd tOf1theve aCaCOPY of which bulletin board or other pr omiounciland nent place easily accessibledton a the public and clearly designated for that purpose at the saidcagendaal fbeingfice oattachedf the uncil (a copy of the face sheet of of the Council and the hereto) pursuant to the local rules upon reasonable advancepisinoticeoCode to the Cpublic and media of Iowa, required by twenty-four hours prior to the commencement of the meeting asst attendance; aid law a Pres Ifurthercertify that nd with ethe oindividuals cnamedent in therein were on the de thereof atduly and lawfully possessed of council vacanc their respective city offices as indicated therein, that no y existed except as may be stated in said proceedings, and that no controversy or litigation is pending, Prayed or threatened involving the incorporation, existence or boundaries of the organization, 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 6th day of May 1986. e --tr " erk, SEAL iowa City, Iowa nnlrn. C1xxx. R—"r 141rvx sninhn Nlk. U.,, 1, .,,, Im„ M Ell 'T a Posted: 5/2/86 @ 3:30 p.m. djd ka--- u.av: s/c/d6 ?:3o p.m. m/( (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: May 6, 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: $1,575,000 Parking System Revenue Bonds. - Resolution authorizing the issuance. Such additional matters as are set forth on the addi- tional 11 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 May 6 _, 1986 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Pro tem Dickson , in the chair, and the following named Council Members: Baker, Courtney, Dickson, McDonald, Strai Zuber. Absent: Ambrisco -1- M M Cm pun J. J1ry , i ,Ih A AlM . I, W, Dr AIpMy b+., 70 -Al; Res. 86-124 McDonald introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Baker, Courtney, Dickson, McDonald, Strait. NAYS: None ABSENT: Ambrisco Whereupon, the Mayor declared the resolution duly adopted as follows: PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that portland cement concrete sidewalk be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct portland cement concrete sidewalk, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Portland cement concrete sidewalk four (4) feet wide, four (4) inches thick, with necessary grading, driveway, returns and miscellaneous removal and replacement in front of properties on Northwest side of North Dubuque Road from Highway #1 to Bristol Drive Subdivision C. That the City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and -2- mirn Coon WMwin tu.+.efmm 4 mtp �." D .b, b.. 7• of i specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: All properties in front of which the improvements are constructed Subdivision E. The said improvement shall be designated as the "North Dubuque Road Sidewalk Assessment Project", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 6th day of May , 1986. mayor pro tem ATTEST: � C1 k i i 3 � ,�, W,1111N�.5 Ih A "@rc .7 e. cA_� Res: 86-125 McDonald introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Baker, Courtney, Dickson, DkDonald, Strait. NAYS: None ABSENT: Ambrisco Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the North Dubuque Road Sidewalk Assessment Project, said valuation being set forth in a preliminary schedule entitled "Schedule of Assessments", under the column therein headed "Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boundaries of said improvements and the Clerk is hereby directed to forthwith deliver the same to the City Engineer, the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 6th_ day of 1986. ATTEST: Clerk -4- .u". C..". D Ift 1l e. s th a Alq I.+x". D Av. u.. r Res. 86-126 McDonald introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE NORTH DUBUQUE ROAD SIDEWALK ASSESSMENT PROJECT" and moved its adoption. Baker seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Baker, Courtney, Dickson, McDonald, Strait. NAYS: None ABSENT: Ambrisco Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE NORTH DUBUQUE ROAD SIDEWALK ASSESSMENT PROJECT WHEREAS, this Council has caused to be prepared preliminary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the North Dubuque Road Sidewalk Assessment Project, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, the Council finds that each lot separately assessed in the schedule of assessments meets the definition of a lot as described in Iowa Code Section 384.37(5) or in the case of lots consisting of multiple parcels that the parcels have been assembled into a single unit for the purpose of use or development; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and -5- ",n Cowry14,n SmA t All r Inde" [ 1.b w . g 0 0 specifications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boundaries for said North Dubuque Road Sidewalk Assessment Project. PASSED AND APPROVED, this 6th day of May 1986. )a.T 1&0� fantJ Mayor pro tem ATTEST: 0 -6- N rm Cann �Ir..,. .S Ih l MlC .. U-WM M+ . ' I - v oo r Res. 86-127 McDonald introduced the following Resolution entitled "RESOLUTION OF NECESSITY s(PROPOSEDD)",the motion moved its adoption. Baker to adopt. The roll was called and the vote was, AYES: Zuber, Baker, Courtney, Dickson, McDonald, Strait. NAYS: None ABSENT: Ambrisco Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION OF NECESSITY (PROPOSED) WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the North Dubuque Road Sidewalk Assessment Project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the North Dubuque Road Sidewalk Assessment Project, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution. The method of construction shall be by contract. Costs of said improvements will be assessed to the properties within the boundaries of the district. No property -7- Ahlm. Ca pp�l.l None ".1h { AllL II1 C w" '—& IN Al -I shall be assessed more than it is benefited by the improvements nor more than 258 of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 7:30 o'clock p.M., on the 3rd day of June , 1986, in the Council Chambers, Civic Center, 410 E. Washington St., for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this Resolution, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form: -8- r - CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CIN. IOWA 52240 (319)356-500C) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolu- tion of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sidewalk improvement, designated as the North Dubuque Road Sidewalk As- sessment Project, of the types and in the location as follows: Portland cement concrete sidewalk four (4) feet wide, four (4) inches thick, with necessary grading, driveway, returns and mis- cellaneous removal and replacement in front of properties on Northwest side of North Dubuque Road from Highway Al to Bristol Drive. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: All properties in front of which the improvements are constructed. The Council will meet at 7:30 o'clock P.M., on the 3rd day of June, 1966, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improve- ment, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. Clerk, Iowa City, Iowa N INTRODUCED AND PROPOSED at a meeting held on the 6th day of May , 1986. 4z 10 Mayor Pro lem ATTEST: -10-gar ua�,. cam... o�l,.�.w wn... mm & uro... I.-x�. d, w... u.. 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 6th day of Kly , 1986. SEAL ye � Ci y Clerk, Iowa City, Iowa Waco. C. Don lm S 'fi a 4i ' when. M loon.. b 80, =l� r- Posted: 5/2/86 @ 3:30 p.m. djd Removed: 5/6/86 @ 9:30 p.m. mk (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: May 6, 1986 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa. I 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: Procedure to initiate the North Dubuque Road Sidewalk Assessment Project. - Preliminary resolution for construction. - Resolution fixing values of lots. - Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications. - Resolution of necessity (Proposed). Such additional matters as are set forth on the addi- tional 11 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. j I City Clerk, Iowa City, Iowa . Qor AWm. Ca' W�11 I", S Ih 6 m, Uny,n. M Alunn. lu+a 4. i RESOLUTION 110. 86-128 RESOLUTION AUTHORIZING EXECUTION OF All AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, a copy of said agreement being attached to this resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation to install traffic signals at Iowa Highway #1 and Sunset Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation. 2. That the City Council shall furnish copies of said agreement to any citizen requesting same. It was moved by McDonald and seconded by Strait the Resolution be adopted, an upon—7-67T call there were: AYES: NAYS _X X X _ X— _X_ Passed and approved this ABSENT: X Ambrisco Baker Courtney Dickson McDonald Strait Zuber 6th day of Dlay , 1986. nLypH,g�11 ATTEST: %jam, X. i& J CIT CLERK Reealved C Approveu Lagal D •pa ment AQ.5t, -IA, t"- kOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN -STATE TRAFFIC ENGINEERING PROGRAM PROJECT City: Iowa City County: Johnson Project No: UST -1-5(39)--4A-52 Iowa Department of Transportation Agreement No: 86-U-011 WHEREAS, pursuant to Sections 306A.7 and 307A.4, 1985 Code of Iowa, as amended, the City of Iowa City, hereinafter called the CITY, and the Iowa Department of Transportation, hereinafter called the STATE, may enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies involved, and WHEREAS, the STATE provides funds through the Urban -State Traffic Engineering Program (U -STEP), a cooperative program for relatively low-cost solutions that will speed traffic flow and reduce accidents on primary road extensions, and WHEREAS, the STATE has made these funds available for reimbursement in the ratio of 55 percent STATE funds and 45 percent local funds up to a maximum amount in STATE funds of $200,000 for a "spot improvement" or $400,000 for a "linear improvement", and WHEREAS, a "spot improvement" shall mean a limited improvement project in terms of area, length, and cost, such as intersection reconstruction or signalization; and a "linear improvement" shall mean a more lengthy improvement project in terms of blocks or miles, such as street or highway widening, resurfacing, or reconstruction, and WHEREAS, the CITY proposes to develop a U -STEP project at the intersection of Iowa 1 and Sunset Street for the installation of fully actuated traffic control signals. This is a "spot improvement" project. NOW THEREFORE, BE IT AGREED: The CITY will prepare and furnish to the STATE for review the necessary plans, specifications, and an estimate of cost for the proposed construction project. Traffic signals shall conform to the Iowa Manual on Uniform Traffic Control Devices for Streets and Highways. (The CITY proposes to purchase the equipment and do the installation work with city crews.) The STATE will share eligible construction and right-of-way costs in the ratio of 55 percent STATE funds to 45 percent CITY funds up to a maximum STATE participation per project of $200,000 for a "spot improvement" or $400,000 for a "linear improvement." The estimated total of eligible construction and right-of-way costs for this project is $35,000. If, upon completion of final plans, the estimate exceeds the preliminary estimate contained herein by 20 percent or more, the extra work or increased cost must be approved by the STATE prior to contract letting or beginning of construction. The STATE shall be responsible for the costs of construction of longitudinal and outlet storm sewers made necessary by highway construction in the proportion that the street right-of-way of the primary road extension bears to the total drainage area to be served by the proposed sewers. The CITY shall be responsible for the remaining portion of storm sewer costs not paid for by the STATE. 80 _41k, r Agreement Number: 86-U-011 City: Iowa City Upon approval of final plans, proposal forms, specifications, and cost estimate, the STATE will give the CITY written notice to proceed with the project. For the portion of the project under contract by public letting, the CITY shall advertise for bidders, hold a public letting, and provide adequate supervision for the construction work performed under the contract. The CITY shall submit the letting documents to the STATE for approval prior to formal action in the award of the contract. 5. The project must be let to contract or construction started within two (2) years of the date of this agreement by the Iowa Department of Transportation Commission or this agreement is automatically cancelled. This agreement may be extended for a period of six (6) months upon receipt of a written request from the CITY prior to the cancellation date. 6. For that part of the work under contract by public letting, the work will be performed in compliance with Specification Number 1008, or current edition at the time bids are requested, "Iowa State Department of Transportation Supplemental Specification for Equal Employment Opportunity Responsibilities on Non -Federal -aid Projects" which by this reference is made a part thereof. 7. The CITY will be responsible for the costs of the construction. Acceptance of the completed construction shall be with the concurrence of the STATE. The CITY shall prepare and submit to the STATE a detailed billing statement of materials, installation, and construction costs incurred by the CITY. (Design, inspection, and administration costs will be borne by the CITY.) If said statement is in proper form, the STATE will promptly reimburse the CITY in the amount of 55 percent of the eligible costs of the project, taking into account the limitations of Paragraph 2 herein. 8. Periodic billing statements may be submitted by the CITY during progress of the work. The STATE will review these statements and make recommendation as to their payment. Payment will be made in accord with Paragraph 6 above. 9. For reimbursement made to the CITY by the STATE, specific reference is made to Iowa Department of Transportation Accounting Policy and Procedures Manual, Chapter XV, Audits of Contracts with Second Parties, a copy of which is attached hereto and marked "Exhibit A." 10. Upon completion of the project, the CITY will certify that the project was completed in accordance with the plans and specifications before receiving final reimbursement of STATE funds. 11. The CITY shall have ownership of traffic signals consAwcted with this project and shall operate them at the expense of the CI',J,Y so long as signal protection is considered by either party as necessary at%said location. If considered by both parties as no longer necessary at said location, the signals are to be removed by the CITY at the CITY's expense, and may be installed at another location acceptable to both parties and thereafter shall be owned and operated at the expense of the CITY. 12. Signs and other traffic control devices necessary for construction of the project shall be furnished by the CITY and maintained in accordance with the Iowa Manual on Uniform Traffic Control Devices. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. poz it r IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 86-U-011 as of the date shown opposite its signature below. City of Iowa City 8Y —& 0� i Diay 6 19 86 Title Diayor Pro tem — I, Marian K. Karr certify that I am the Clerk of the CITY, and that Kate Dickson , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 6th day of May , 19 86. IOWA DEPARTMENT TRANSPORTATION Highw Divi ' n Q 8Y ger L. n er erg ` rban Systems Engineer Signed �(/ yi/i/�r »J City Clerk of Iowa City, Iowa Date _ May 6 , 1986 19 g-1 er rr APProved qal row —7 fi. IOWA DEPARTMENT OF TRANSPORTATION EXHIBIT "A" COST REIMBURSEMENT GUIDELINES FOR AUDITS OF CONTRACTS WITH SECOND PARTIES REVISED MAY 1, 1903 It is the policy of the Iowa Department of Transportation that the Ixlernal Audits Staff of the Office of Audits perform an examination and analysis of fiscal or other source records maintained by claimants and others making cost representations to the Iowa Department of Transportation as a result of any contract, agreement, resolution and/or other document which binds the Iowa Department of Transportation. Claimants covered by this policy include the following: Political Subdivisions. Railroads, Public and Private Utilities, Consultants and Educational Institutions. The primary objective of the audit will be to ascertain that the invoices, as submitted, are in accord with the agreement and that the invoices include only those costs specifically incurred. As means of identification, it is suggested that the work be assigned and recorded by work order, job order and/or ptoper project designation. This procedure will accumulate and record into a separate account all actual and indirect costs In connection with said contract, and support the Second party's claim, which will be subject to audit, prior to final reimbursement. All records shall be made available at a central location to facilitate the audit. External Audit Procedures: 1. Labor _Costs: a. Determination will be made that salaries and wages are billed at actual or average rates accounting for productive labor hours and other expences paid to other Individuals during the period that they are directly or incidentally engaged in the work. These costs must be supported by adequate records. b. It will be ascertained that normal procedures were followed, hours and rates charged were those actually paid the employees and overtime, if charged, was actually paid. c. Costs to the Second party for vacation, sick and holiday pay and other costs incident to labor employment will be reimbursed when supported by adequate records. The percentage applied to direct labor costs for indirect costs, such as vacation, holiday and sick pay and other benefits such as social security will be audited by item to the applicable ledger accounts. Careful analysis will be made to assure that percentage charges for indirect costs are not greater than those charged to the units' regular operations. Y. GEuitinent_ a. Reimbursement for owned equilment will he limited to rates which account for actual costs of equipment used by the second party. Arbitrary or otherwise unsupported equipment use charges will net be reimbursed. 1. Pnlitical sub -divisions may, in lieu of actual cost/rate development, utilize the current "Schedule of Equipment Rates" published by the Federal Emergency Management. Agency (FEMA); refer to Attachment A. b. Where owned equipment i; not available, reimbursement for rented equipment will be limited to the amount of rent paid to the lowest qualified bidder after obtaining appropriate quotations. Material Materials and supplies shall be, billed at cost. Discounts, rebates, and allowances shall be deducted from material costs. Verification shall be made that all materials billed are Incorporated in the project. Materials for construction not shown on the estimate or by change order or letter approval from the State will not be reimbursed. A. Materials Recovered jSadate a. Materials previously in place which are recovered in suitable condition for reuse by the Second party in connection with construction, shell be credited to the project at current stock prices. If the Second party consistently charges recovered material at original cost or a percentum of current price new, the project shall receive credit accordingly. The auditor shall determine that materials salvaged are included in the credit or that scrap value and proper disposal is noted. r A#A_ EXHIBIT "A" b. Materials recovered from temporary use shall be credited to the project at stock Prices, less a percentage allowance for loss of service life. It will be ascer- tained that the Second party has notified the State where materials are scra and when they were made available for inspection. pped C. The foregoing shall not preclude any additional credits when such credits are required by State law or regulations. 5. Overhead:. a. In the event that the Second party maintains construction Overhead clearing accounts, each project shall bear only Its equitable proportion of overhead costs. Arbitrary percentages or amounts charged to projects overhead costs will not be reimbursed. to cover assumed b. The records supporting the entries for overhead costs shall be kept to show the total amount, rate and allocation basis of each additive. Also, It will be necessary to ascertain that charges to those accounts are directly applicable to the project and the rates derived from such clearing accounts are the same as those applied to the Second party's regular construction work, 6. Sub- Contracts: SDetemnination will be made that the State has approved the subcontract, the unit has ubletting shallenotl relieve the Second ed the party ofrany to the lowest qualified bidder. y provisions of the Contract. 7. Comoietion and Acceptance'Un ts: Political sub-dividions shall initiatwith e a Certificate acceptance which must be submitted of Completion and final the final claim. 8. Audit Reportsgg_ At the conclusion of the audit, the audit staff will prepare a Certificate of Audit Indicating their conclusions and recommendations. The Certificate will be approved by the External Audits Manager and where exceptions are cited, a Schedule of Exceptions will be prepared. Copies of these docunents will be forwarded to the Department which originated the reimbursement agreement or contract. In addition, distribution of the Audit Certificate will be made to the Contracts Section and Federal Reimbursement Section of the Accounting Department to assure proper Payment to the Second party and proper billing to FRWA. 7. P_emratian of Vouchers: vouchers in payment of Second party Invoices resulting from agreements will be i prepared by the administering departments. PAGE 2 -I r FEDERAL D=OEBCY NANAGDEM AGENCY STATE AND LOCAL PROGRAMS AND SUPPORT DISASTER ASSISTANCE PROGRAMS NA88I10701, D.C- 20472 SCK=U OF DIwIPMSN'1' RATES These rates are applicable to equipment owed and operated by the State, local government or private nonprofit Organlrstlpn Performing wrk Pederally funded by PENA, except So thou instances When the Associate Director for State and [,00a1 Program s and Support spprovu alNrnats rates. Thou rates, or approved alternate rates, shall be used in Damage Surrey Reports, approval of project Applications and Claims for reimbwaement for equipment coats. Any IPpeaL shall be LA meoordameo irlth 44 CPR 205.120. These rates are for equipment In good mechanical condition, complete as required With attaehmente, tools, hoses, cables, oilers, blades, bucket, skip, book, etc., an required, unless othervise indicated. Each rate covers all costs eligible under PL 93-268 for ownership and oPeration of equipment, including depreaistion, all maintenance, field repairs, fuel, lubricants, tlree, OSHA equipment and other caste Incident to operation. Insurance, equipment shelter, ovorhaad, profit, and administrative costs are not eligible and are not included. Standby equipment costs are also hot eligible. Equipment to be eligible most be in actual operation. Labor <oets or oo ntor • not Snal ded and should be approved 4OParately from equipment costa. Batas for equipment used to Pere eLlgiblel wrk not listed vill be furnished by FS1lA upon request. Thesemetes ary eppli abl t^ ^•�^• " - -- Pens aascl a de 1 d by thePresident and f! suppression Rvellcu ! t ^T- etfom ITW Air Cmorueor(air at 100 psi) to 150 crm Inclusive to 215 cik Suclusive to 325 ofa Inclusive to 450 cfm inclusive to 600 crm inclusive over 600 era Sommaction Eouimamt Sand Held Tamper Roomer or Vibratory Pao Typo Roller, Towed 1. Rubber Timed. ;fi7*`ANR" to 20 too incl. to 50 ton Incl. Steel,Shoeppsfoot/Yedgofoot (per drw) Roller. lt Sa-Proplied Aubbar Tired, Tandem or 3 whole to 5 ton Inclusive over 5 ton Steel, Sheepsfoot/Wodgofwt Orth Roving Eculment e Craver to 3/ CY ineluslw to 1 CY inclusive to 1 1/2 CY inclusive to 2 CY inclusive over 2 CY Loader. Wheeled to 1/2 CY inclusive to 1 CY inclusive to 1 1/2 CY inclus4ve to 2 CY inclusive ' over 2 CY Scraper. Pull-Tvw to T CY inclusive to 12 CY inclusive to 21 CY Inclusive • Scraper. Self.Proyolw to 9.5 CY Inclusive to 11 CY inclusive over 11 CY Hwnr RAT[ HOURLY NATE 4•TS Tract avler 11.73 to SRP inclusive 5 .73 14.00 to 90 SP Inclusive 11.50 14.00 to 135 RP inclusive 17,00 20.50 to 1T5 HP inclusive 23.00 to 195 RP inclusive 27,00 25.00 to 240 HP Inclusive 34.00 over 240 OP 46.00 Tractor, wheeled 0.75 to TO UP inclusive 6.25 to 120 HP inclusive 13,00. to 160 8P Inclusive 1T.00 2.00 over 160 HP 30.00 11.00 Lawvatins Fguire,ent Esw 1.25 to CY inclusive 8.00 to 1/2 CY inclusive 17.00 _ to 3/4 CY inclusive 2T.00 6.25 over 3/4 CY 36.00 8.50 18.00 cl or Dr ins to 112 CY inclusive 15.00 to 3/4 CY inclusive 25.00 to 1 CY inclusive 36.00 ' 8.00 xzkL P:eavator 10.00 o 3 tCY IoelusS a 19.00 13.00 to 1/2 CY inclusive 23.00 17.00 to 3/4 CY inclusive 27.00 22.00 to 1 CY inclusive 34.00 5.50 over 1 CY 36.00 8'50 Lifting Ecuimect 1).So Cranes 17.00 24.00 to 5 ton Inclusive 11.00 to 15 ton inclusive 21.50 to 20 ton inclusive 26.00 6.25 to 30 ton inclusive 31.00 9.50 over 30 ton 39.00 14.23 Forklift, Pneumatic Tired to 1 112 ton inclusive 6.25 to 3 ton inclusive 8,25 over 5 ton 11.50 21.00 24.00 31.00 ATTACHMENT A June 18, 1982 Page 1 of 2 Pa. a A%I V � rJ�I 1992 ��I,1y��yf�1�'J' • y , ATTACHMENT A Page 2 of 2 Pax Fumoin¢`y_� t Ona oa=1 AMY gA Lo 2" Inclusive Grade, Hotor to 3" inclusive 0.75 to 115 RP Inclusive to 4" inclusive 1.75 to 175 HP InClueive 8.50 to 6" inclusive 3.o0 "Ir 175 RP 19,00 to 6" Sncluaive to 10" inclusive 5.50 8.00 SM, Concrete or Herter 25.00 to 12" Inclusive 10.00 Pave, Bit%cal 1.25 Fie trio nes 22.00 to 3 Inclusive , Portable to 4" inclusive 0.50 0,80 to 6" Inclusive 1.50 ET Cl.."�" to 8" inclusive 4.00 9odder or Bucket Haebime 5.2 5 Jet Flusber Truck 2.50 Pmos Without Po- Vacuum Truck 10 CY 20.00 to 12-- inclusivenPVaeum Truck 13 CY 20.00 to 18" inclusive 0.50 Varum Truck 16 CY 22.00 to 24" inclusive 0.75 1.00 Cosbined Flusher 4 Vaeum Trk. to CO•binad Plusher CT 22.00 Truck 4 Vacuua Trk. 13CY COsbleed Flusher k VaeUU. Irk. 24.00 As ht _i t ibu 16 CY 27.00aD ➢ec, Aerial 16.oq Ail Rma 14,04 1.50 to 4 CY , (CLIP A atone) to 5 CY 11.50 TAllgato, All to 6 CY 12.25 8alr-Propalled, AL1 to 8 CY 14.00 11.0 to 10 CY 16.00 Bvaanit Street, S air -Propelled over 30 CY letbetl St a 19.00 21.00 ,TW r to 45 15.50 to 2 1/2 ton inclusive RP IOcluelve over 2 1/2 ton 9.23 to 95 PP Inclusive 3.50 1t_ ere 13.00 over 93 � 10.00 verb e, e to 25 CY b e 14.50 18.30 Troller 24,00 Wn�er, vltb Pump to 3,000 16.00 AmPbalt Distributor, to 2,000 gal �' 21 Cr, g 00 gale• inclusive over 3,000Rale. 8.25 struck Equipment Hauling 5.73 Wreekrr 10.00 Rouse/Office v/Ut11it1es ' 3.50 14.00 Utility .02/sf/day Hscellenv�lla Water, to 3,000 gels. 5.00/day . e t 9o�t, ULlllt v11.50 t " Y /1LgSto Ye < ae 9 9 lRP ncluslve over 49 4.00 Ambulaaee Ind Rescue Br_ Hood 6.00 Aut000bile •28/Hale Self golfdPropelled Truck, 1/2 ton •18/tile Toved or Mounted Truck, to 1 too •21/tile 1.73 1.25 Add for 4 vbeel orlre .28/mile , Generator Bus, to 15 peas. Inclusive '02/mile to 5 KW inclusive Bus, Over 15 pass. .28/mile to 15 Kw inclusive to 25 Atil inclusive 1.00 2.73 Waltllvs "'cps .35/mile 5.00 to 300 Amps Inclusive to 600 Amps Inclusive 4'30 1.25 'The capacity to the struck factory des capacity, V � rJ�I 1992 ��I,1y��yf�1�'J' • y , ATTACHMENT A Page 2 of 2 Pax r- RESOLUTION NO. 86-129 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A RELEASE OF POTENTIAL CLAIMS FOR CONTRIBUTION AND INDEMNITY AGAINST GLASGOW CON- STRUCTION AND SCOTT BOULEVARD INVESTORS IN CONNECTION WITH THE SETTLE- MENT OF THE LAWSUIT ENTITLED JOHNSON ET AL. V. CITY OF IOWA CITY ET AL., LAW NO. 48979. WHEREAS, the lawsuit referenced in the heading hereof has been settled as between the Plaintiffs and the defendants City of Iowa City, Glasgow Construction, and Scott Boulevard Investors; and WHEREAS, the City Council has been advised that it would be in the best interest of the City of Iowa City to extinguish all potential claims for contribution and indemnity as between and among the defendants to said suit; and WHEREAS, appropriate Releases have been prepared to extinguish all such claims between and among the said defendants, which releases should be executed and exchanged; and WHEREAS, the Release attached hereto and made a part hereof has been prepared and approved by the City's legal counsel and would accomplish the release of potential claims which the City may have against the other defendants in said suit. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Release attached hereto and made a part hereof is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute said Release for and on behalf of the City of Iowa City, Iowa. AND BE IT FURTHER RESOLVED that City's legal counsel is hereby authorized to deliver said Release to the other parties dependent upon receipt of similar re- leases from said parties. It was moved byAlrllnnald and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER Passed and approved this 6th day of May 1986. MYUR Pro tem Appeovi�d ATTEST: pent CICLERIC $0 3 a, r RELEASE Release executed this 6th day of May , 1986, by Kate Dickson. Mayor Pro tem (title) of City of Iowa City, Iowa, (name) herein referred to as Releasor. Releasor is the owner of a potential claim for indemnity, contribu- tion and attorneys fees and amounts paid in settlement of a claim by James Dean Johnson, Patricia Ann Johnson, individually and as spouse of James Dean Johnson, David Michael Johnson by his mother and next friend, Patricia Ann Johnson, James Dean Johnson Conservatorship and David Michael Johnson Conservatorship against the City of Iowa City, Glasgow Construc- tion and Scott Boulevard Investors, which could mature into a claim against John Cruise, Bruce Glasgow, Jim Glasgow, Jim Glasgow Construction and the City of Iowa City, its agents, officers, employees, insurers and counsel (hereinafter referred to as Releasees) as a result of the matters asserted or alleged in, and defense of a suit brought by James Dean John- son, Patricia Ann Johnson, and David Michael Johnson docketed in the District Court of Iowa for Johnson County as Law #48979. Releasor is willing to release Releasees from all past, present and future claims relating thereto and inhering therein. I In consideration of the sum of one dollar and other valuable consid- eration, receipt of which is hereby acknowledged, by Releasor, Releasor releases and discharges Releasees from any and all claims, demands and causes of action that Releasor ever had or ever claims to have, known or unknown, arising from the above-described matter. It is understood that this release shall inure to the benefit of Releases and their successors, assigns, and insurers, and that it shall bind Releasor and its heirs, I legal representatives, assigns and successors in interest to the above-described claim. I The undersigned further state that they have the authority to bind Releasor, its officers, agents, employees and representatives. CITY OF IOWA CITY By: eoe t J Mayor pro tem Title By: 79t .;._. 7i2wn, Title State of Iowa ) ) SS: Johnson County ) On this 6th day of May 19 86 , before me, the under- signed, a of Tary Public in an or said County—,in said State, personally appeared Kate Dickson and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor pro tem and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said Kate Dickson and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corpo- ration, by it and by them voluntarily executed. !;) /� \L:OV�!//la otary u c in an or estatelowa go3 r- RESOLUTION NO. 86-130 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A MEMORANDUM OF AGREEMENT WITH THE IOWA CITY COMMUNITY SCHOOL DISTRICT WITH REGARD TO A PROPOSED PROJECT TO CON- STRUCT A JOINT SIII14MING POOL AT MERCER PARK. WHEREAS, upon the recommendation of the Joint Swimming Pool Committee, this City Council did pass and approve Resolution No. 86-106, calling upon the Johnson County Auditor to put before the voters at a special city election the question whether or not to issue $3,715,000 of General Obligation Bonds for a project to renovate the City Park Swimming Pool and to replace the Mercer Park Swimming Pool; and WHEREAS, pursuant to said proposal, the new pool at Mercer Park is to be constructed by the City with a contribution of $500,000 from the Iowa City Community School District, and is to then be jointly used, operated, and maintained by the City and the School District pursuant to a lease -management agreement; and WHEREAS, it is deemed advisable that the said lease -management agreement not be negotiated and executed prior to the voter referendum, but rather that the parties enter into a Memorandum of Agreement outlining their intentions with respect to said proposal and lease management agreement; and WHEREAS, a Memorandum of Agreement has been negotiated and prepared, outlin- ing and setting forth the intentions of the parties with respect to the proposed project to construct a joint swimming pool facility at Mercer Park, a copy of which is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: that the Memorandum of Agreement attached hereto and made a part hereof is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute, and the City Clerk attest, said Memorandum of Agreement for and on behalf of the City of Iowa City, Iowa. It was moved by Baker and seconded by N$cDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker Courtney X X Dickson X McDonald X Strait X Zuber IvedAppiovad a1 Deparhn 11 gl)q Resolution No. 86-130 Page 2 Passed and approved this 6th day of May ,�qq--- 1986. & MAYUK Fro fem ATTEST: 7%7Q.:�� 9 w,� CIT CLERK Ddl a -A� —Al MEMORANDUM OF AGREEMENT CITY OF IOWA CITY -IOWA CITY COMMUNITY SCHOOL DISTRICT PROJECT TO CONSTRUCT A JOINT SWIMMING POOL FACILITY This Memorandum of Agreement is made on this 6"6" day of Mny, 1986, by and between the Iowa City Community School District and the City of Iowa City, Iowa, by their respective representatives, David L. Cronin, Superin- tendent of the Iowa City Community School District, and William J. Ambrisco, Mayor of the City of Iowa City. Both governing bodies of the School District and the City of Iowa City have previously entered into a Memorandum of Agreement providing for a process to plan a joint venture swimming pool project. This Memorandum of Agreement will supplement the previous agreement and state the present intentions of the parties in connection with the development of the joint facility. This Memorandum of Agreement will be submitted to the respec- tive governing bodies and will be effective upon approval by both govern- ing bodies and execution by their respective representatives. The School District and the City of Iowa City have been studying the feasibility of planning and constructing a joint venture swimming pool facility to be located in the City of Iowa City, Iowa. The School Dis- trict and City staff along with the joint planning committee appointed by the two governing bodies have held meetings, secured architectural serv- ices for a preliminary design, reviewed preliminary designs and prelimi- nary cost estimates, investigated and recommended a site for the joint facility, identified the needs for the joint facility, consulted with legal counsel to develop a plan for financing and operating the joint facility, and investigated other matters relating to the project. Upon receiving reports from the conmittee and staff, each of the governing bodies wish to proceed with the development of the joint facility subject to approval of the overall, final plan for the project, including a defi- nition of each party's rights, responsibilities and liabilities to be stated in an agreement between them as authorized by Chapter 28E, the Code of Iowa. The School District and the City of Iowa City intend to mutually agree upon all issues for the complete development of the joint facility and, at this time, wish to state an intent to enter into a Chapter 28E lease -management agreement that will provide for the following terms and conditions, all subject to each governing body approving the final project plans and terms, to -wit: 1. Site Selection. The swimming pool facility will be located on prop- erty owned y the City of Iowa City. The subject property is pres- ently owned by the School District and lies just west of the existing Mercer Park swimming pool facility and on the easterly portion of the School District grounds. When all contingencies have been completed and assurances made that the property will proceed, the School Dis- trict will donate the subject property to the City subject to reversionary rights should the facility ever be abandoned. A proper survey of the required land will be obtained by the City and a reason- able amount of land to accommodate the planned facility will be trans- ferred to the City. -2- 2. Ownershi . The facility will be owned by the City of Iowa City, Iowa and subject to a lease -management agreement with the Iowa City Commu- nity School District. The lease -management agreement will be for an initial 10 -year period with provisions for guaranteed renewal. Tease -management agreement will provide the School District a speThThe e fied minimum level of usage of the facility during the initial term i - the lease or any renewal term.of 3. Project Costs. The initial construction of the project will be paid by a $500,000.00 contribution from the School District with the bal- ance payable by the City of Iowa City. In addition, the School Dis- trict will contribute land to the City of Iowa City as described in Paragraph 1 of this Agreement and will also agree that should the City decide in the future to expand the facility due north, the School District will donate land northerly from the intended site to Bradford Drive to accommodate such expansion. 4. Management of the Facilit The parties will, in the lease -management agreement, agree upon a method of providing the required management of the facility. 5. Operating Expenses. The parties agree that the operating and mainte- nance expenses or the swimming pool will be prorated depending upon the actual use of the facility. The terms and provisions related to allocation of operating expenses will be included in the lease -manage- ment agreement. The School District will agree in the lease -manage- ment agreement to a specified minimum level of usage and to a specified minimum percentage contribution to operating and maintenance expenses. airs and Maintenance. The parties agree that the capital repair ane main enanc xpenses for the swimming pool will be prorated on the same basis as operating and maintenance expenses. The terms and provisions relating to allocation of repairs and maintenance expenses will be included in the lease -management agreement. 7. Contin ent on A roval. The eventual execution of a lease -management agreement as descri a above will be contingent upon the City of Iowa City obtaining voter approval to issue bonds to fund its costs in the construction of the facility. The execution of a lease -management agreement will be further contingent upon the mutually satisfactory negotiation of such agreement by the parties, upon final approval of the plans and specifications for the joint facility by the parties, and upon approval and execution of a contract for theconstruction of said facility by the City. Neither party is bound to execute a lease -management agreement or proceed with the project unless the above conditions and contingencies have been satisfied. 8. Chapter 2gE Re uirements. In addition to the above -listed items, the Zia er ease -management agreement will contain provisions re- quired by the Code of Iowa including specific provisions in regard to duration of the agreement, organization of any separate legal entity used to implement the agreement, a statement of purposes, and other related provisions. Sv y i -3- 9. Additional Provisions. The Chapter 28E lease -management agreement by and between-7Fe-p-a-rFies will contain provisions relating to liability and insurance for operation of the joint facility, and may contain numerous other provisions that may be negotiated by the parties to provide for the continued, harmonious use of the property. 10. Termination or Modification ofA reement. The Chapter 28E ease-managemen agreemen may a so prove a erms for terminating or modifying the agreement between the parties in case unforeseen circum- stances should occur. Such terms shall be reasonable and shall be mutually agreed upon by the parties. This Memorandum of Agreement is executed by the undersigned on the dates as indicated below: IOWA CITY MMUNITTYY SCHOOL DISTRICT By: a e ave ronin, uperin en en CITY OF IOWA CITY, IOWA Da a 1e y 6, 1986 By: > Kate Mc son ,l mayor fro tem aF�r an l.aR rr, Ci y eiE erx — $ AppeovM B T o al DepaMmo