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Home My WebLink About1986-06-03 Resolutiont� IN RESOLUTION NO. 86-152 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and.persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See attached list It was moved by Strait and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: i Ambrisco Baker Courtney Dickson McDonald Strait Zuber AYES: X X X X X X X NAYS: ABSENT: Passed and approved this 3rd day of June lg 86 Mayor Attest:a„✓ City Clerk 9�� _A t� CIGARETTE PERMITS: July 1, 1986 to June 30, 1987 June 3. 1986 Council Meetin Old N Renewal N Name 85-00009 87-03090 Hy -Vee Food Store #1, 501 Hollywood Blvd. 85-00010 87-03091 Hy -Vee Food Store #2, 310 N. 1st Avenue 85-00011 87-03092 ,Hy -Vee Food Store #3, 1201 N. Dodge 85-00012 87-03093 Drugtown #1, 521 Hollywood Blvd. 85-00013 87-03094 Drugtown #2, 1221 N. Dodge 85-00026 87-03095 Federal Bldg. Snack Shop,400 S. Clinton 85-00049 87-03096 Towncrest DX, 2611 Muscatine Avenue 85-00126 87-03097 Sinclair Marketing, Hwy. 1 North RR #2 85-00127 87-03098 Sinclair Marketing, 731 S. Riverside Drive 85-00137 87-03099 Russ' Super Standard, 305 N. Gilbert Street 86-00021 87-03100 Campus Standard Service, 102 E. Burlington Street 86-00025 87-03101 American Legion Roy L. Chopek Post #17, 3016 Muscatine Avenue 86-00028 87-03102 Towncrest Inn, 1011 Arthur Street 85-00032 87-03103 Harris Discount, 71 Commercial Drive 85-00085 87-03104 T&M Mini Mart, 2601 Hwy. 6 East 85-00114 87-03105 Vitosh Standard, 1905 Keokuk Street 86-00032 Mama Capone's, 212 S. Clinton 85-00129 87-03106 Finkbine Golf Course, University of Iowa Memorial Union 85-00130 87-03107 Iowa Memorial Union, University of Iowa 85-00024 87-03108 Kum $ Go #104, 1104 S. Gilbert 85-00025 87-03109 Kum $ Go #422, 513 S. Riverside 85-00051 87-03110 Mott's Drug Store, 19 S. Dubuque Street 85-00147 87-03111 Third Coast, The, 1241 E. Washington 86-00026 87-03112 Airliner, The, P.O. Box 3050 86-00029 87-03113 Barfunkel's and The Hobby Shop, 117 E. College Street 86-00015 87-03114 Hollywood's Lounge, 1134 S. Gilbert 85-00044 87-03115 Diamond Dave's Taco Company, 118 S. Clinton 86-00003 87-03116 Billaro's, 1210 Highland Court 86-00004 87-03117 Vito's, 118 E. College 86-00005 87-03118 Givanni's, 109 E. College Street 86-00011 87-03119 Holiday Inn, 210 S. Dubuque 86-00012 87-03120 Hilltop Tavern, 1100 N. Dodge 86-00019 87-03121 Billy's, 819 First Avenue 86-00032 87-03122 Mama Capon's, 212 S. Clinton 85-00062 87-03123 Mumm's, 21 W. Benton Street 85-00063 87-03124 Plamor Lane, 1555 First Avenue 85-00064 87-03125 Micky's, 11 S. Dubuque Street 85-00065 87-03126 Mill Restaurant, 120 E. Burlington 85-00069 87-03127 Highland Avenue DX, 1310 S. Gilbert Street 85-00070 87-03128 Highlander Motor Inn, .Hwy. 1 & I-80 85-00073 87-03129 Field House, 111 E. College Street 85-00074 87-03130 Bo -James, 118 E. Washington Street 85-00075 87-03131 Carlos O'Kelleys, 1411 S. Gilbert Street 85-00077 87-03132 Country Kitchen, 1402 S. Gilbert Street 7�7 -A, CIGARETTE PERMITS: July 1, 1986 to June 30, 1987 June 3 1986 Council Meeting (Continued) Old I Renewal N 85-00146 87-03133 85-00151 87-03134 85-00152 87-03135 87-00001 87-00002 87-00003 85-00122 87-03136 Name Hungry Hobo, 517 S. Riverside Coaches Corner Lounge, 1220 Highway 6 West Ground Round, 837 S. Riverside Drive Brown Bottle, 115 E. Washington Gas Co. Inn, 2300 Muscatine Avenue My Sister's, 928 Maiden Lane Harry's Dodge Street DX, 60S N. Dodge =l� RESOLUTION NO. 86-153 RESOLUTION ACCEPTING THE WORK FOR THE TY86 LANDFILL EXCAVATIO`? PRCUECF WHEREAS, the Engineering Division has recommended that the improvements covering the FY 86 1, as c u ine in a contract between the Coity of IowaGCity and Armstron Co. be accepte , an dated A1aY 2 1985 NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Dickson that the resolution as reabe a opted, and upon roll call there were: AYES: X X X X X X X NAYS: ABSENT: Passed and approved this 3rd day of June 19 86 . 1 YOR ATTEST: 2 _d RK CITY CLERK RocalvW g Approved �,,,De gds -'J� �'L() ENGINEER'S REPORT MAY 27, 1986 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have j been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. FY 86 LANDFILL EXCAVATION PROJECT as constructed by Armstrong Co. of Ames, Iowa. i I hereby recommend that the above-mentioned improvements be accepted by the City of Iowa City. Respectfully submitted I prank K. Farmer, P.E. j City Engineer B FL E MAY 28 1986 MARIAN K. KARR CITY CLERK (1) i 9flS l� r, RES. No. 86-154 June 3 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 East Washington, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor Ambrisco , in the chair, and the following named Council Members: Ambrisco, Baker, Courtney, Dickson, McDonald, Strait, Zuber. Absent: None -1- nhim. Cw .. ❑w.dn mrrye 5 ilh a un»,. U.r•o. ,k, Mums. x.., ?414 4/ / t� introduced the following Council Member Siry* Resolution entitled "RESOLUTION FIXING DATE 000 GENERAL MEETING 0 THE PROPOSITION OF THE ISSUANCE OF $2,625, OF IOWA OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) CITY, IOWA, AND PROVIDING FOR PUBBLLICATION OF MembeTICr THEREOF", and moved that the sseconded dthe motion to adopt. The roll was Dickson called and the vote was, AYES: Baker, Courtney, Dickson, McDonald, strait Zuber, Ambrisco. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $2,625,000 GENERAL OBLIGATION BONDS (FOR ANPROVIDING ESSENTIALFORRPUBLICATIONPORATE OOF) OF IOWA CITY, NOTICE THEREOF able WHEREAS, iIois wa,deemed n cessaryissue and General ation of Iowa City, hBondsat etoity as authorized by Section 384.25,tof funds the amount of $2,625,000, ur ose of providing the City Code of Iowa, for the p nose Pp pay costs of carrying out an essential corporate pur, project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take erty owner of said action for the issuance of the bonds and to receive oral and/or written objections from any resident or prop City to such action; OLVED BY THE CITY COUNCIL OF THE NOW, THEREFORE, BE IT RES CITY OF IOWA CITY, IOWA: Section I. That this Cotoh�lIowameet CitythIowa�,natl C7:30 s, Civic Center, 410 E. Washing 1986, for M. on the 17th day of Junes --e --- o clock p_• on the matter of ce of theissuan the purpose of taking action $2,625x000 General obligaation for owhichebondslwill beoused purpose of said City, he -2- Nd.�..n,,,..,i.. u..�n s�,nn n nm.r, 9 ( r -1 r - to provide funds to pay costs of construction, reconstruction and repairing of street improvements; acquisition, installation and repair of traffic control devices; acquisition, construction, improvement and installation of street lighting fixtures, connections and facilities; acquisition, construction, reconstruction, enlargement, improvement and repair of bridges, culverts, grade crossing separations and approaches thereto, including railroad crossings; and acquisition, construction, reconstruction, improvement, repair and equipping of waterworks. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. SE bonds -I E CITY NOTICEEETING ONFTHEEMATTERIOFOTHEHF PROPOSED ISSUANCE ANEESSENTIALSC RPORATERAL PURPOSE)AOFOSAINDS OF D CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on cloche P17th, in day of June 1986, at 7:30 the Council Chambers, Civic Center, 410 E Washiton ng, Iowa City,Iowa, at which meeting the Council proposes to take additional action for the issuance of $2,625,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs Of construction, reconstruction and repairing of street improvements; acquisition, installation and repair of traffic control devices; acquisition, construction, improvement and installation of street lighting fixtures, connections and facilities; acquisition, construction, reconstruction, rade enlargement, improvement and repair of bridges, culverts, g crossing separations and approaches thereto, including railroad crossings; and acquisition, construction, reconstruction, improvement, repair and equipping of waterworks. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 3rd day of June , 1986. City Clerk of Iowa City, Iowa (End of Notice) -4- Mlrn, Curry. Ibmnlrt ILrynir. Smtlh F MINI. LwH'n I .+ ' l�944 r PASSED AND APPROVED this 3rd day of June 1986. Payor, ATTEST: CIG -3 9-85 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 3rd day of June , 1986. SEAL oA � i 7?,/ 7f"44r i City Clerk, Iowa City, Iowa AN®, C-", Lnm In Ila,..,. Snmh A A ,.,, bele. Ile M._' 1 M 9�zlg r Posted: 5/30/86 @ 4:20 p.m. djd Removed: 6/4/86 @ 9:30 a.m. did OORTI (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 3, 1986 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 East Washington, 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: $2,625,000 Essential Corporate Purpose General Obligation Bonds. - Resolution fixing date for a meeting on the proposition to issue. Suchadditional age(s) matters psare set forth attached hereto.n the addi- tional 1 (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 M,, [oaw. Oam "1 Wim.. S Ih a N9e.. L-)• D Mun.. Iwr. 945(— 4 I _Al' �.l l City of Iowa City r-- M4EM40RANDV Date: May 29, 1986 To: Council Council From: Rosemary Vitosh, Acting Assistant City Manager Re: Proposed General Obligation Bond Issue Attached is a listing of projects that will be funded by the proposed General Obligation (GO) Bond Issue. Each of these projects will be either in the design phase or in construction phase by the end of this summer. I recommend that the GO bonds be sold at the same time that the sewer rethe ve- nue bonds aresold. date which lhasrmiti established issuance of aas ll thedeffectiverior odate September 1, ssunce for the proposed federal tax legislatbeen iVehissuancewould offthetbondsthe�forathe of tax-exempt debt. If the voters approve election, those bonds will be swimming pool projects at the June 3, added to this GO bond issue. Evensen Dodge is preparing a presale analysis for this band issuon e which 16,1be 19865ChThe public hearing oonathehbonduissuencil ' sisnscheduledformal efor9JuneJ17, 1986, with the bond sale scheduled for Ju 1y 22, 1986. /sp 94 1986 G.O. BOND ISSUE PROJECTS FUNDED East Side Water Storage Tank $1,100,000 Summit/Burlington Signals 24,000 Benton Street/Morman Trek Signals 25,000 Scott Boulevard Paving (Design) 26,000 Heartland Railroad Crossings 50,000 Gilbert Street Bridge Deck 70,000 Dodge Street Bridge Deck 155,000 Burlington Street Bridge at Ralston Creek 42,000 Woolf Avenue Bridge Deck (Desion) 7,000 Melrose Avenue Bridge Deck (Design) 10,000 Benton Street Bridge Widening 575,000 Brookside & 2nd Avenue Bridges (Design) 25,000 City Plaza Lights Replacement 31,000 Benton Street Culvert Replacement 40,000 Dubuque Street - Iowa Avenue to Park Road 365,000 Dubuque Road Improvements '30,000 Total Projects $2,575,000 Bond Discount & Insurance Costs 50,000 Total Bond Issue $2,625,000 4-4 14� t� Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee LAWYERS 300 LIBERTY BUILDING, SIXTH AND GRAND DES MOINES, IOWA 50309-248-4 (515) 243.7611 Tele opier (515) =432149 Ms. Rosemary Vitosh Finance Director Civic Center 410 E. Washington Iowa City, Iowa 52240 of coumel Nub F. Ahlen Serge H. Garrison May 29, 1986 Re: Iowa City, Iowa - $2,625,000 General Obligation Bonds Dear Rosemary: lames Ewm Cooney Philip 1. 0o iler Kenrerh H. Haynie H. Richard Smith Robert G. Allbee James L Krambeck John F. McKinney, Jr. L. W. Roebmok Richanl G. Sano Edgar H. eirtle Mads E. Knopf l id L Sutphin Terry L. Monson lance A. Coppock Si. Mna .:+nd H. luginbill .aae W. Rcermm ..Id W Rermb.,g ll.nn a, E. Sanberry -)amu L HYlarides CimGll H. Sldanl aimdeth Gregg Kenredy %um m I. Martin acne R. Hauser III bulllrm J. Ndh D. -d Swimon Soon L Hayman Ellmmtdt A Nelson We have now prepared and are enclosing herewith suggested proceedings to be acted upon by the Council in fixing the date of a meeting on the proposition to issue the above mentioned bonds and ordering publication of a notice of hearing consistent with the provisions of Code Section 384.25. Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The date of publication is to be not less than four clear days nor more than twenty days before the date of said public meets on the issuance of said bonds. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. (See Section ICS 4.1[231.) Also enclosed is an extra copy of the proceedings to be filled in as the original and certified back to this office, together with publisher's affidavit of publication of notice of hearing. We are also enclosing an extra copy of the notice of hearing to be delivered to the newspaper for publication purposes. A certificate to attest the proceedings is also enclosed. At the time of hearing the Council shall receive oral or written objections from any resident or property owner to the proposed action to issue said bonds. After all objections have been received and considered, the Council is required, at that meeting or at any adjournment thereof, to take additional action for the issuance of said bonds or to abandon the proposal to issue said bonds. 9Z14 Ms. Rosemary Vitosh May 29, 1986 Page Two resolio The Coirequired issuestatute bondsaatpthehhearing-torn ' institutingg proceedings to an adjournment thereof. Also enclosed are suggested proceedings to be acted upon by the Council on the date fixed for hearth, p ovisionson the ing uofCe of the above mentioned bonds, pursuant -oceedings Code Section 384.25. A certificate to attest the p� is also enclosed. The proceedings are prepared to show as a first`esidenteor receipt of any oral or written objections from any property owner to the ofproposed objections received orof the umade, ncil tiflany, the bonds. A summary of objections After all objections should be attached to the proceedings. have been roosalntocissueethe bonds, aoformloferesolutionnot to abandon thee pp P follows that should be introduced and adopted, entitle Take Ad "Resolution instituting Proceedings to Additional Action for the issuance of $2,625,000 Essential Corporate Purpose General Obligation Bonds." The Council is required by statute to adopt the at the resolution instituting proceedings to issue the bondto sadjourn, hearing -- or an adjournment thereof. If necessary the minutes are written to accommodate that action. Section 384.25 of the Code of Iowa, provides that any the decision resident or property owner of the City may app to take additional action to issue the bonds, tolthe locateDistrict h any part of the City Court of a county in which within 15 days after such additional action is taken, but that the add�ional action is final and conclusive unless the court finds that the Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please see that we are tnotified he imm diately;and, as be soon as available, a copy should furnished our office for review. to In the event the Council decides to abandon the proposal issue said bonds, then the form of resolution included n said proceedings should not be adopted. We would suggest this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Ms. Rosemary vitosh May 29, 1986 Page Three Also enclosed is an extra copy of the proceedings to be filled in as the original and certified back to this office. If you have any questions pertaining to the proceedings enclosed or this letter, please do not hesitate to either write or call. KHH:em Enclosure very truly yours, AHLERS, COONEY, DORWEILER, HAYNIE, SMITH ALLBEE By � f NYrt Cm Donaht tL'.a. s h& ,ube. � M Mwr.. b.. �� r _11L� RES. N0. 86-155 June 3 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Civic Center, 410 E. Washington, Iowa City, Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor. Ambrisco , in the chair, and the following named Council Members: -,LL Strait introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $41,450,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Baker Courtney Dickson DkDonaldz Strait Zuber, Ambrisco. NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $41,450,000 SEWER REVENUE BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that said City should issue Sewer Revenue Bonds to the amount of $41,450,000, as authorized by Section 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body meet in the Civic Center, 410 E. Washington at Iowa City, Iowalgat, 7:30the o'clock p M., on the 17th day of June for purpose of taking action on the matter of the issuance of $41,450,000 Sewer Revenue Bonds of said City, the proceeds of which bonds will be used to provide funds to pay costs of ud.n Cwm. IAnnaLv. W...., 6mn1. 4 907 r- acquisition, construction, extending, of wastewater convesance ewer utalityatment municipal sanitary improving and equipping facilities of the Section 2. That the Clerk is hereby directed to cause at least one publicof ation to be made of ain°thee English dlanguage, in a legal newspaper, printed wholly yhaving general circulation published at least once weekly, clear in said Cirv. said publication to be^nohQlIntetofnsaidrpublic days nor meeting c sect! bonds sh: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $41,450,000 SEWER REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 17th day of June , 1986, at 7:30 o'clock p.m., in the Civic Center, 410 E. Washington, in Iowa City, Iowa, at which meeting the City Council proposes to take additional action for the issuance of $41,450,000 Sewer Revenue Bonds of said City. Said bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sanitary Sewer Utility. Said bonds are proposed to be issued for the purpose of paying costs of acquisition, construction, extending, improving and equipping of wastewater conveyance and treatment facilities of the municipal sanitary sewer utility. At the above meeting oral or written objections from any resident or property owner of said City to the above action shall be received. After all objections have been received and considered, the Council will at said meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of said governing body as provided by Section 384.83 of the City Code of Iowa. Dated this 3rd day of June 1986. CitClerk of Iowa City, Iowa (End of Notice) -4- AIJrr.. fun,. JN,_Jr, 14Y�nr. 5m1111 A n111.+, 1n1 -n IM K"— —n 9447 -I =1� PASSED AND APPROVED this 3rd 1986. ATTEST Cle k day of June CIG -3 9-85 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 3rd day of June , 1986. SEAL tf�u-�s� 7( ZX . J City Clerk, Iowa City, Iowa ANrr. Lxxx)', Ibrxnl,{ 1N111 5m101 A AM84% Inxp'n, [Nn Ahxrxy%. Irn. ?f_17 t" City of Iowa City (-- MEMORANDUM Date: May 29, 1986 To: City Council From: Rosemary Vitosh, Acting Assistant City Manager Qat Re: Proposed Sewer Revenue Bond Issue The public hearing on the proposed sewer revenue bonds is being set for June 17, 1986. Evensen Dodge will prepare a presale analysis which will be reviewed at the informal Council meeting on June 16, 1986. The resolu- tion which sets the public hearing states a "not to exceed amount" of $41,450,000 for the bond issue. More refined estimates now indicate that the bond issue is estimated at $38,950,000. The resolution providing final authorization of the bond issue will use the lower revised amount. The bond sale date is scheduled for July 22, 1986. Preliminary discus- sions with Moody's have indicated that it is advisable for City represen- tatives to make a formal presentation to Moody's at their New York offices. The presentation will provide information on the proposed waste- water treatment project, the proposed bond issue, the recent sewer rate increase, Iowa City's general financial situation and economy. Many cities make presentations on a routine basis. Although Iowa City's excel- lent financial status has not required this in the past, the size of the upcoming sewer revenue bond issue necessitates a presentation at this time. Therefore, Bill Ambrisco, Dale Helling, Wayne Burggraaff and I will be in New York on June 26, 1986, to make the presentation to Moody's. /sp 907 f� .=y4, t� Posted: 5/30/86 @ 4:20 p.m. did Removed: 6/4/86 @ 9:30 a ft did QRIGI4! ., (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 3, 1986 Time of Meeting: 7:30 P.M. Place of Meeting: Civic Center, 410 E. Washington, 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: $41,450,000 Sewer Revenue Bonds. - Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on Che addi- tional 12 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. Ulty Clerk, Iowa City, Iowa , m,C�,W�Ln.4y�.�thAM�,44� ��.� qs47 a =lt., RESOLUTION NO. 86-156 RESOLUTION APPROVING THE FINAL PLAT OF SOUTHWEST ESTATES SUBDI- VISION, PART TWO, A SUBDIVISION OF IOWA CITY, JOH14SON COUNTY, IOWA. WHEREAS, Seville Corporation, on behalf of itself, Oak Wood Partners, an Iowa general partnership, and Carl M. Malmberg and Mary M. Malmberg, the owners and proprietors, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Southwest Estates Subdi- vision, Part Two, a subdivision of Iowa City and Johnson County, Iowa, which is legally described as follows: Commencing at a concrete monument which marks the southeast corner of the southeast quarter of Section 13, Township 79 north, Range 7 west, of the 5th Principal Meridian; thence north 0053142" east, (a re- corded bearing) along the east line of said southeast quarter of Section 13, 739.61 feet, to the northeast corner of Lot 1 of South- west Estates Subdivision, Part 1; thence south 68017'49" west, 363.04 feet along the northwesterly line of said Part 1, to the north- westerly corner of Lot 2, of said Southwest Estates Subdivision, Part 1, all in accordance with the recorded plat thereof, and which point is the point of beginning; thence south 68017149" west, along said northwesterly line, 212.33 feet; thence north 88044146" west, along said northwesterly line, 76.24 feet; thence south 1015114" west, along the westerly line of said Southwest Estates Part 1, 80.51 feet; thence south 8045'14" west, along said westerly line, 38.31 feet; thence north 88047'6" west, 158.02 feet; thence south 1037149" west, 343.91 feet, to a point in the centerline of Rohret Road; thence south 68017149" west, along said centerline, 93.55 feet; thence north 21042'11" west, 412.93 feet; thence north 54019'50" west, 235.85 feet; thence north 46027'56" west, 330.10 feet; thence north 67040'29" east b 260.00 feet; thence north 6037'04" east, 480.92 feet; thence north 0 53 42 east, 310.00 feet; thence south 8906'18" east, 115.31 feet; thence southeasterly 1068.14 feet, along a 680.00 foot radius curve, concave southwesterly, whose 961.67 foot chord bears south 4406118" east; thence south 0053142" west, 172.49 feet; thence southeasterly 204.63 feet, along a 518.82 foot radius curve, concave northeasterly, whose 203.30 foot chord bears south 10024115" east, to the point of beginning. Said tract of land contains 22.64 acres more or less. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the final plat of said subdivision and have recommended approval of same; and WHEREAS, the final plat of said subdivision has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plat be accepted and approved; and WHEREAS, the final plat is found to conform with all of the requirements of City Ordinances of the City of Iowa City, Iowa. NM t' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Southwest Estates Subdivision, Part Two, a subdivision of the City of Iowa City, is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the final plat after passage and approval by law; and the owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by oseconded by Dickson the Resolution be a opd ted, Command upon— roil call there were: AYES X X X X X X NAYS: ABSENT: X Ambrisco Baker Courtney Dickson McDonald Strait Zuber Passed and approved this 3rd day of June 1986. ATTEST:' suJ Received $ Approved By The Legal Dep ftwi 40 t4f 9s9 =14� r- STAFF REPORT To: Planning & Zoning Commission Prepared by; Karin Franklin Item: S-8610. Southwest Estates, Part Two, Final Subdivision Date: May 15, 1986 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: 45 -day limitation period: 60 -day limitation period: Frank Eicher 410 Kirkwood Avenue Iowa City, Iowa 52240 Approval of a final subdivi- sion plat of Southwest Es- tates, Part Two To develop 13 single-family rural residential lots. North of Rohret Road, west of Freeway 218. 22.64 acres Residential and agricultural; RR -1 North - agricultural; RR -1 and ID -RS East - agricultural; RR -I and ID -RS South - residential, agricul- tural; RR -1 West - agricultural; RR -1 Rural residential development Subdivision regulations June 14, 1986 June 29, 1986 9s-? =1� E SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: Residences will be serviced by septic systems. Municipal water will be provided at the developer's expense. Municipal police and fire protection and sanitation services will be provided. Access to the subdivision will be via Rohret Road. The topography is hilly, sloping predominantly to the west. The property is in the Old Man's Creek watershed. ANALYSIS The final plat for Southwest Estates, 1986t Two conforms plat preliminary plat approved by the City April proved with the understanding that the extension of a 12" water main from thetconstRuct5ondof�Phoenix Drision to dvehwithh3lSofeeteof payst ingwouldb, Part e solely at the developer's expense. These factors should be specifically expressed in the subdivider's agreement. eed not be with in his subdivisionThe tsince the land0is� within nance n the Old Man's Creek watershedand runoff flows to the west out of the city. STAFF RECOMMENDATION The taffinal plat of Parts Twofbee deferred pendingeresolution ofsubdivision thedeficienciesSouthwest and discrepan- cies noted below. DEFICIENCIES AND DISCREPANCIES 1. Label all sanitary sewer and drainage easements. 2. Indicate on the plat easements for future sanitary sewer for Lots 6, 13 and 17. 3. Show a storm sewer easement on Lot 11 to the pond. 4. Amend legal papers to provide: a, a reference to sidewalks, storm sewers, the f Phoenix Drive, Subdivider's Agreement. and a 12" water main in the b. reference to drainage, future sanitary sewer and storm sewer easements in the Dedication. V66-% r- 3 c. provision for erosion control and escrow. d. a document describing easement rights 5. Eliminate reference to sanitary sewers in improvements section of Subdivider's Agreement. 6. Eliminate deferral of sidewalk provision in Subdivider's Agreement. II TT I1 CII\IC\ITC 1. Location map. ACCOMPANIMENTS 1. Plat. Approved by: DoVald Schheiser,—F-r—e—cYo—r Department of Planning and Program Development I ~I LOCATIOtd MAP S-8610 Defeated - June 3, 1986 PART 1 -- HEARING PROCEEDINGS June 3 , 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 Ambrisco in the chair, and the following named Council Members: Ambrisco, Baker, Courtney. Dickson McDonald Strait, Zuber. Absent: None The Mayor then called for objections to the adoption of the Proposed Resolution of Necessity for the construction of the North Dubuque Road Sidewalk Assessment Project in the corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. Written and oral objections were then received or heard. Council member McDonald moved that the time for the receiving of ob3ect�ons be closed. Seconded by Council member Courtney On vote, the motion was adopted. After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally proposed. -1- Amen. Cl v.y. I melee line %.,h A A111— Ue'n. Iln AWryn yn, (/� Council Member McDonald introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE NORTH DUBUQUE ROAD SIDEWALK ASSESSMENT PROJECT" and moved that it be adopted. Council Member Courtney seconded the motion to adopt. The roll was called and the vote was, AYES: Strait, Zuber, Ambrisco, Baker, Courtney, NAYS: Dickson, McDonald Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE NORTH DUBUQUE ROAD SIDEWALK ASSESSMENT PROJECT. WHEREAS, this Council has proposed a Resolution of Necessity for the North Dubuque Road Sidewalk Assessment Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of _ Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. -2- .Wm. Caws, poi.Mn 14�.e. Snu�M1 a uitw. i..xn. On n�vn. b.. �� t' Deferred for later consideration to a Council meet ng to be held on the day of next, at o'clock M., at this meeting place, w th juris- diction retained for further consideration and action at the adjourned meeting. Abandoned. X Passed and approved this day of 1986. Mayor ATTEST: Clerk a -1 i t" EXHIBIT A SCHEDULE OF AMENDMENTS TO THE RESOLUTION OF NECESSITY PROPOSED FOR THE NORTH DUBUQUE ROAD SIDEWALK ASSESSMENT PROJECT The Resolution of Necessity proposed for the North Dubuque Road Sidewalk Assessment Project is amended as follows: A. By eliminating therefrom the proposed improvements with locations following, to -wit: B. By making changes in the preliminary plat and schedule of assessments as follows, to -wit: C. By amending said Resolution of Necessity, as follows, to -wit: I certify that the foregoing schedule lists all amendments to the Resolution of Necessity as adopted by the Council. Clerk -4- M'.. Croon. 11ry—.. S 'h { MR, 4 Not needed because of Item B being defeated on June 3, 1986 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE NORTH DUBUQUE ROAD SIDEWALK ASSESSMENT PROJECT" and moved that it be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE NORTH DUBUQUE ROAD SIDEWALK ASSESSMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Engineer is hereby ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the North Dubuque Road Sidewalk Assessment Project. BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the North Dubuque Road Sidewalk Assessment Project. PASSED AND APPROVED this day of 1986. ATTEST: Clerk Mayor -5- Mm. Cmrry. Dm.nlrt IY� smA a Alft e, U.,en. D &"b Y A 9eowir r RBS. N0. 86-157 June 3 , 1986 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor Ambrisco in the chair, and the following named Council Members: Ambrisco Baker Courtney Dickson. McDonald, Strait Zuber. Absent: None r - Council Member McDonald introduced the following Resolution entitled "RESOLUTION ACCEPTING WORK" and moved its adoption. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Strait Zuber, Ambrisco, Baker, Courtney, Dickson McDonald. NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: RESOLUTION ACCEPTING WORK WHEREAS, on May 22, 1984, Iowa City, Iowa, entered into contract with Sulzberger Excavating, Inc. of Muscatine, Iowa, for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, within the City, as therein described; and WHEREAS, said contractor has fully completed the construction of said improvements, known as the Highway 1/Interstate 80 Sewage Pumping Facilities Project, in accordance with the terms and conditions of said contract and plans and specifications, as shown by the certificate of the Engineer filed with the Clerk on May 28 , 1986: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That said report of the Engineer be and the same is hereby approved and adopted and said improvements are hereby accepted as having been fully completed in accordance with the said plans, specifications and contract. The total contract cost of the improvements payable under said contract is hereby determined to be $ 7F7.n71.7n Section 2. The total project cost including construction, engineering, legal and administrative costs is determined to be $ 129.421.17 PASSED AND APPROVED this d_ day of Jun, 1986. Mayor ATTEST: Clerk AMY', C--,. @nxnlrr INl.-, S nlh 4 AIILrr•. Iaxp•n. Un AYnun. 4m, �� r CIG -3 1-79 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 pur- pose 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 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers 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 3rd day of June 1986. SEAL City Clerk, Iowa City, Iowa ""'r C-1 IMrxnlrr. Ib,", Snrrtlr & AM— WaP'n. [l 1Y-, k.e 94f t� costed: 5/30/96 @ 4:20 p.m. djd Removed: 6/4/86 @ 9:30 a.m. djd (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 3, 1986 Time of Meeting: 7:30 P.M. Council Chambers, Civic Center, 41a0 E. Washington Street, Iowa City, Place of Meeting: ve PUBLIC NOTICE is HREBY willE Emeet atVEN thethat the date, timeoandmentioned governmental body place above set out. The tentative agenda for said meeting is as follows: Resolutions in connection with the Highway 1/Interstate 80 Sewage Pumping Facilities Project. - Resolution accepting work. - Resolution ordering preparation of final plat and schedule of assessments. Such additional matters as re st forth hereto n the addi- tional 12 page(s) attached (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 Iowa Clerk, City. Iowa Non C.-, Dw 1N KN S 6t Mme.I D Mn. w. _A r- SHIVE•HATTERY ENGINEERS Highway 1 & Interstate 80, P.O. Box 1050 Iowa City, IA 52244 319354-3040 May 14, 1986 Iowa City Cedar Rapids Davenport Waterloo Des Moines Dubuque Rock Island Honorable Mayor and City Council RE: Highway 1/Interstate 80 City of Iowa City Sewage Pumping Facilities Project 410 East Washington Street Iowa City, Iowa 52240 Honorable Mayor and City Council: Completion Statement A. We have provided construction observation on the above -referenced project and have made a final review of the work performed under the contract with Sulzberger Excavating dated May 22, 1984. B. Construction has been sufficiently completed so the project can be utilized for the purpose for which it was intended in accordance with the contract documents. C. The total construction cost of the completed work is $252,071.70. The final total estimated project cost of the completed work is $329,423.17 of which, $309,903.11 is being assessed. Yours very truly, SHIVE-HATTERY ENGINEERS, INC. � '.7David J. El n, P.E. DJE/caf #183354-0 MAY 2 8 1986 MARIAN T LERK (1) CIVIL • INDUSTRIAL • ELECTRICAL • MECHANICAL • STRUCTURAL • GEOTECHNICAL • ENVIRONMENTAL • TRANSPORTATION 9441 r 6 RBS. NO. 86-158 Council Member McDonald introduced the following Resolution entitled "RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Council Member Strait seconded the motion to adopt. The roll was called and the vote was, AYES: Zuber, Ambrisco Baker Courtney, Dickson, McDonald, Strait. NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: RESOLUTION ORDERING PREPARATION OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS BE IT RESOLVED, that the Engineer is hereby instructed to prepare a final plat and schedule showing the separate lots or parcels of ground subject to assessment for the cost of the Highway 1/Interstate 80 Sewage Pumping Facilities Project, together with the names of the owners thereof, so far as practicable, and the amount assessable by law against each lot or parcel of ground so assessable, and against any railway or street railway legally assessable therefor, and $309,903.11 of the whole amount of the cost of said improvements shall be assessed against the benefited properties, but not in excess of the amounts so assessed in the preliminary plat and schedule for the improvement, and filed in the office of the Clerk. PASSED AND APPROVED this 3rd day of June , 1986. yor ATTEST: 7�i,w.;....� Cie k AhU¢ Gwnq'. [Mnxnlrt ILInm.5 111 A A1111 U -We IN. AYxrxy. kM. �� 9 WI —,A, r RESOLUTION NO. 85-159 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC. To MAKE REPAIRS TO THE FACILITY LOCATED AT 331 NORTH GILBERT STREET. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Hous- ing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City Council of Iowa City deems it in the public interest that temporary housing be provided for transients and other persons with emergency housing needs; and WHEREAS, the City of Iowa City wishes to utilize part of such funds to con- tract repairsith to the he EEmerrgencyHHousingPf cilitylnc. for the located at 331pNorthurose fGilbert Street, Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest an Agreement with the Emergency Housing Project, Inc. to provide funds for making repairs to its Emergency Housing facility. It was moved by Zuber and seconded by Strait _ the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Ambrisco Baker Courtney Dickson McDonald Strait Zuber Passed and approved this 3rd day of June., 1986. ATTEST:n(/ ClT LLtRK Received 8 Approved Ely The legal Do p r �1 xc yea _A1 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF 1986 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO REPAIR THE EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY THIS AGREEMENT, entered into this - day of-�wa a 1986, by and between the City of Iowa City, a municipal corporation (herein re- ferred to as the "City"), and the Emergency Housing Project, Inc., a private non-profit corporation (herein referred to as "EHP"). WHEREAS, the City is the recipient of 1986 Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Develop- ment (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize part of such funds to pay for needed repairs to EHP's housing facility for transients and other persons with emergency housing needs, located at 331 N. Gilbert Street, Iowa City, Iowa (herein referred to as "the facility"). NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. PURPOSE AND SCOPE OF SERVICES: A. EHP shall make all necessary repairs to the facility as listed under Part I, Section III of EHP's Proposed Project Budget, in order to make the facility decent, safe and sanitary for tran- sients and other persons with emergency housing needs. B. The City shall provide technical assistance regarding bidding procedures and awarding of contracts. All procedures shall be carried out according to HUD standards and shall be monitored by the City. C. Upon completion, the facility shall comply with all applicable state and local building codes and shall be used solely for the purpose of housing transients and other persons with emergency housing needs. II. TIME OF PERFORMANCE: EHP shall perform according to the following schedule: Prooram Element Deadline Contracts for repairs June 30, 1986 Begin repairs July 15, 1986 Complete repairs October 15, 1986 This schedule is subject to change by mutual agreement of the parties, in writing. 9 740 SA III. PROPOSED PROJECT BUDGET: Project Element Estimate A. Replace driveway surface $2,700 B. Replace 3 kitchen sink units and miscellaneous plumbing 1,100 C. Replace sink units and cabinets on lower, main and upper floors 1,900 D. Replace lineoleum in 3 kitchens 2,300 TOTAL IV. COMPENSATION AND METHOD OF PAYMENT: =1� The City shall pay and EHP agrees to accept in full no more than eight thousand dollars ($8,000) for performance under this Agree- ment, as follows: A. Partial payments shall be made bi-monthly after receipt of invoices and properly executed mechanics lien waivers for im- provements as listed in Part I, Section III Proposed Project Budget have been completed to the City's satisfaction. B. Invoices and lien waivers shall be delivered to the City by the 4th and 14th days of the month. Reimbursement will be made to EHP by the 14th and 24th days of the month for City -approved expenditures. C. The total of the above payments will not exceed $8,000. D. The project shall not be considered complete until EHP certifies that all work has been completed to its satisfaction. V. TER14S AND CONDITIONS A. The City shall assume no responsibility or liability for the maintenance, operation or program funding of the EHP facility. B. Until at least City, rovide9an,emer encllin a housin mfacilitatis- for factory to the City, p emergency 9 Y transients and other persons with emergency housing needs. C. During the period of this Agreement, EHP shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property, and liabil- ity coverage shall not be less than $1001000 bodily injury per person or $300,000 bodily injury per occurrence. Proof insurance shall be shown to the City by furnishing a copy of the duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. ?70 f - -3- D. EHP shall not sell, assign or transfer any legal or equitable interest in the property at any time prior to October 16, 1989, without written concurrence of the City. 198'9EHP sells or In the event that, prior to October 16, otherwise transfers legal or equitable intere s EHP shallpayProgram, or discontinues the Emergency Housing the City a prorated share of afterdeductg$222 22from proratedthe share shall be the balance remaining original $B4O00 for each month elapsed after October 15, 1986- E. Except as provided herein, the terms of this Agreement shall be from the date of execution through October 15, 1989. VI. PERFORMANCE AND REPORTING: reports and insurance policies A. EHP shall direct all notices, related to or required by this Agreement to the Office of t e Iowa City Community Development Block IGran52240 ram Coordinator, Pr 410 E. Washington Street, Iowa City, expenditure of all COBB B. Until the completion of all repairs and exp funds disbursed under this Agreement, EHP shall submit monthly the 15th day of each month. reports describing the progress of the renovation activities o the Program Coordinator's office by C. Following completion of the project, EHP will the i15thday of arterly reports to the Programa�cao�ctoberr ofeachcontract year. In January, April, July be addition, an annual report f each willre uire en is dshallu9extend obeyond contract year. No reporting q October 31, 1989- Such reports will include, at a minimum, statistics pertaining to the numbers and county of residence of persons housed in or utilizing the services of the facility. D. ENP will carry out all procedures according ll HUD standards. E. Not later than November 30, 1986, EHP shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. VII. OTHER REPORTS AUDITS AND INSPECTIONS: A. EHP shall promptly furnish the City or HUD with such seasonably records, data and information as the City or HUO may request, pertaining to this Agreement. at time B. businesshhours EHPf fshall mathis keeavailrement+able toy the normal and/or the Comptroller General of the United States, or their duly authorized representatives, all of EHP's records in order to 9471 t" MIC permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment and other data re- lating to matters covered by this Agreement. ENP shall retain financial records, supporting documents, sta- tistical records and all other records pertaining to expendi- tures under this Agreement for a period of three (3) years from the termination of this agreement. VIII. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of OMB Circular A-128, Attachment 0 (Procurement Standards) of OMB Circular A-110, and OMB Circular A-122 (Cost Prin- ciples for Non -Profit Organizations) shall apply to the use of funds disbursed under this Agreement. The City has provided EHP with copies of said OMB Circulars, and EHP hereby acknowledges receipt of said Circulars. IX. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the emer- gency housing facility on the basis of age, race, creed, color, national origin, sex, disability, marital status, religion, sexual orientation, or presence or absence of dependents. All current and prospective occupants must, however, meet and maintain the occupancy rules and provisions of the EHP program to be admitted and continue in occupancy. X. EQUAL EMPLOYMENT OPPORTUNITY: EHP certifies that it is an Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applica- ble regulations for the U.S. Department of Housing and Urban Devel- opment pertaining to equal opportunity and affirmative action in employment. Further, EHP will ensure that all contracts for work under this Agreement contain an appropriate equal employment oppor- tunity statement. XI. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION EHP will assist the City in complying with all applicable environ- mental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. XII. LEAD-BASED PAINT POISONING PREVENTION EHP will comply with the requirements of the Lead-based Paint Poi- soning Prevention Act (42 CFR Part 35), insofar as they apply to the performance of this Agreement. XIII. TERMINATION OF AGREEMENT FOR CAUSE: If EHP fails to fulfill its obligation under this Agreement in a timely and proper manner, or if EHP violates any of the terms, agreements or stipulations of this Agreement, the City shall there - 97e r- -5- upon have the right to terminate defaultiorAdefaults,greement bandistagti githat notice to EHP specifying the this Agreement will be terminated 30 days after the giving of such notice unless such default, or defaultsare remedied within such ay to grace period. In the amountsent Oof $8f000cort,theiportion ofpsuchlamount as the City the full has been paid to EHP prior to such termination. XIV. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. dy D No ployeeber of officiale orovagentgofotheoCitye ortother locale public ies in official who exercises any funcovalsand carror y�ng�bout tof the tio connection with the review, approval interest, diwhich rect oriindigrectenin thisains shall Agreement have any private XV. INTEREST_ EHP covenants that it personally has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or, degree with the performance of services to be per- formed under this Agreement. EHP further persontheYh covenants that h tin n the performance of this Agreement, no est shall be employed by P XVI. ASSIGNABILITY: EHP shall not assign or transfer any interest in this Agreement, ion, without the prior written ap whether by assignment or novat proval of the City. XVII. HOLD HARMLESS PROVISION: lss em- ployeeslandnagentsy from all dliab�ility,tCiand ty, officers, ex- pense (including reasonable attorney's fees and court costs) resulting from or incurred byAreason greement f any actions or claims based performance upon the p - XVIII. LIMITATIONS OF CI •" - The city shall not be liable to ENP, or to any party, for comple- tion of or failure to complete any improvements which are Part of or the project. Nothing contained in this employer,eement, nor agent of then parties, omission of the City, EHP or any of the parties, or by any third shall be deemed or construed by any beneficiary, persons, to create an limited orhgeneralof thpartnership, or joint principal and agent, venture, or of any association or relationship involving the City. 97a r� a -1 -6- IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 3rd day of June , 1966. CITY OF IOWA CITY THE EMERGENCY HOUSING PROJECT, INC. By Mayor paOS. p Attest: Attest: .&I • � - City Clerk fly Me I PArov.L RIiS. No. 86-160 Authorization and Issuance Proceedings File No. IDR -4837 (Auth) Iowa City, Iowa June 3 1986 Iowa, met in regular session The City Council of Iowa City, 1986, at 7:30 o'clock ) •m - on the 3rd day of J_--une' The meeting was called to at the ivic Center -Council Chamhers in the Cisco ty Mayor, in the chair, order and there were present and the following named Council Members: Amhrisco, Baker, Courtney Dickson McDonald Strait Zuber Absent: None I.The Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds, Series 1986 (Blonot oming Prairie warehouse Pro ject) in an a99theaCityte rCouncil,incipal abeen tduly go exceed $185,000, had as directed by according to law and a hearing held thereon and the Council committed the Issuer to issue such Bonds.: _ introduced a Resolution entitled: Council Member MrnnnalA "Resolution authorizing the issuance and sale of Industrialof Development Revenue Bond (BloonithePprincipalramount ofehouse o$185,000; the City of Iowa City,Iowa, the execution and delivery of a Lender Loan Agreement with Iowa State Bank and Trust Company providing the terms and sale of such bond; thea xecuti nIand providing for theLoadeliveinrepaymenttof1theBloanlof Prairie the proceeds of such bond, and related matters", Zuber and moved its adoption, seconded by Council Member the Mayor After due consideration of said resolution by the Council, put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Baker Courtne Dickson McDonald S ra' Nays: gone Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. -1- 97/ -t r -v� Upon motion and vote, the meeting adjourned. 4Lay rr Attest: Clete i (seal) t - RESOLUTION Resolution authorizing the issuance and sale of Industrial Development Revenue Bond (Blooming Prairie Warehouse Project) of the City of Iowa City, Iowa, in the principal amount of $185,000; the execution and delivery of aLender Loan the tAgreementms and s with le oIowa such State Bank and Trust company providing bond; the execution and delivery of a Loan Agreement with Blooming Prairie Warehouse, suInc. providing the rsyment of the loan of theproceedsofsuch bond, andrelatedmatter, WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisionsof Chapter enuelboof the Code e of Iowa, 1985, as amended (the "Act"), b construction or purpose of financing the cost of acquiring, Y purchase, land, buildings, improvements and equipment, or any interest the therein, suitable for the useof any assembliin us tany agricultural odustries � ry or -in manufacturing, processing in storing, warehousingproducts orrdistributingcommercial productsenterprise agriculture,, mining or storing, industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has made the necessary arrangements awithcquition Blooming Prairie Warehouse, Inc. (thempny")equipment and for heby construction or purchase of land, buildings, ; andi suitable use as cooperative facility "Project"), located withinthe corporraeboundaries ofthe Issuer WHEREAS, it is necessary and advisable that provisions be made for the issuance of Industrial Development Revenue Bond, Series 1986 (Blooming Prairie Warehouse Project), of the Issuer in the principal amount of $185,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of May 1, 1986 (the "Loan Agreement") between the Issuer princhpaloofany nthe obligation of which will be sufficient to pay theredemption premium , if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS, the Bond will be sold pursuant to and 1986r�thes "Lender ded by a Lender Loan Agreement to be dated as of May 1, Loan Agreement") by and between the Issuer and Iowa State Bank and Trust Company (the "Lender"); and assignedRtoSthehLendertundertthelin LenderLoandAgreement are Agreement; and -3- 9?/ WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act and Section 103(k) of the Internal Revenue Code,and has determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Authorization of the Bond. In order to finance the cost of the Project, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the principal amount of $185,000. The Bond shall be issued in fully registered form, numbered R-1, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such foim, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 2. Lender Loan A reement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $185,000,. in immediately available funds at the office of the Lender shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. -4- 97C -7 t� Section 3 Repayment of Loan. The Loan Agreement requires the pay Company in each year to pay amounts as loan payment tconntheoBond the principal of, redemption premium, if any, and when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 4 Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire and equip the Project and the payment by the Company of an amount sufficient to pay the principal of and premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 5. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 6 Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. ely Effective Date. This resolution shall become effective immediatupon adoption. Passed and approved this 3rd day ofJ==• 1986. Aayor At City Clerk (Seal) -5- 971 —'J. State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 3rd day of June 1986. - I I t' RESOLUTION NO. 86-161 RESOLUTION ESTABLISHING SALARY FOR FY87 FOR CITY CLERK. Iowa City, Iowa, employs certain personnel subject of the City Council referred to as unclassified WHEREAS, the City of solely to the action personnel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following position shall receive as salary compensa- tion that amount which is set forth in lieu of all other fees and compen- sation except as otherwise provided by law, and where said officer or employe sall recive or collct any fees or otherseforhserviceseas such officer and employee, the same pshall �on o be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA, IOWA, that the following salaries are hereby established for the following person effective July 1, 1986: City Clerk $27,643.20 It was moved by Zub_ ems_ and seconded by Dick— the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO X BAKER X COURTNEY X DICKSON X MCDONALD X STRAIT X ZUBER X — Passed and approved this 3rd day of June 1986. /�/—MOAIVR" ATTEST: `� & A CI CLERK 11r tops M rl/cH a 97aw r RESOLUTION NO. 86-162 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST AGREEMENT WITH TOWNCREST INVESTMEIIT ASSOCIATES AUTHORIZING PLACEMENT OF STEPS ON PUBLIC RIGHT-OF-WAY. WHEREAS, Towncrest Investment Associates ("Towncrest") owns property at 117 North Linn Street in Iowa City, which it is redeveloping; and WHEREAS, the Linn Street right-of-way abuts the structure located on the property; and WHEREAS, Towncrest's building will require use of the public right-of-way for steps; and WHEREAS, the City, is willing to allow such use of the right-of-way if it is pro- tected from liability which may result from such use, and can order removal of the steps if the right-of-way is needed; and WHEREAS, an Agreement containing such conditions is attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Agreement attached hereto. 2. Prior to the issuance of an occupancy certificate for a building at 117 North Linn Street, Towncrest shall record the Agreement in the Johnson County Re- corder's Office and shall return file -stamped copies of the Agreement to the City Clerk and City Building Inspector. It was moved by Baker and seconded by Strait the Resolution be adop a an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco _x Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 3rd day of June 1986. MAYUR ATTEST: i.//law. KK2 -pp9� ) `IY L K Recelved & Approved By The Legal De arhmnt a r z5 86 617.3 _,A� r AGREEMENT FOR INDEMNIFICATION AND MAINTENANCE THIS AGREEMENT is made between TOWNCREST INVESTMENT ASSOCIATES, an Iowa General Partnership, hereinafter referred to as "Towncrest" and the CITY OF IOWA CITY, IOWA, a Municipal Corporation, hereinafter referred to as "City". WHEREAS, Towncrest is the owner of certain real estate located at 117 North Linn, Iowa City, Iowa, and legally described as follows: Lots 1 and 2, Block 67, Iowa City, Iowa, according to the plat thereof recorded in Book 1, page 116, Plat Records of Johnson County, Iowa; also the East Half of Lot 3 , Block 67, Iowa City, Iowa, aec116ing to the plat thereof recorded in Book 1, pato Plat Records of Johnson County, Iowa, subject the right of Wesley Foundation of Iowa to use and occupy that portion of the premises described as follows: Commencing at the Northwest CornerBlock of East one-half (Ek) of Lot No. Three (3), Sixty-seven (67) aforesaid, thence East Ten (10) feet, thence South Eighty (80) feet, thence West Ten (10) feet, thence North Eighty (80) feet to the place of beginning, so long as the building known as the Geiger House remains on said reserved premises and is used by the Methodist Church or its agencies for religious purposes. and WHEREAS, Towncrest is restoring a multi -story building on the above-described property; and WHEREAS, Towncrest seeks City approval to revise the layout of the City sidewalk in front of this building as shown on the attached drawing prepared by KNV Architects • Planners (Exhibit "A") and 'T 973 r - - 2 - WHEREAS, a portion of the stairway to the building to be constructed by Towncrest will be located on City property as shown in Exhibit "A"; and WHEREAS, the City will agree to allow use of its property, but only subject to the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual promises set forth below, it is agreed as follows: 1. Towncrest shall replace the public sidewalk adjacent to the property on Linn and Market Streets, as shown on Exhibit "A" attached to this Agreement and according to the City specifications. 2. Towncrest shall be allowed to install steps on City property from the public sidewalk to the building as shown on the attached Exhibit "A". Towncrest recognizes that no property right is conferred by this grant of permission, that the City is not empowered to grant a permanent use of its street right-of-way for private commerical purposes, and that the City may order said steps removed at any time if, for any reason, the City Council determines that the property upon which the steps are located should be cleared of obstructions. No part of the handrail for such steps shall extend onto or over the sidewalk. 9 73 r - 3 - 3. Towncrest agrees to maintain the steps in good repair according to City standards, and to remove the steps within thirty (30) days after being so ordered by the City. If Towncrest fails to remove the steps after being ordered to do so, the City may remove them and the cost thereof shall be charged against the property in the manner provided in Iowa Code (1985) Section 364.2(e). 4. Towncrest agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use and repair of said steps. Towncrest shall be required to carry liability insurance, in minimum amounts of $500,000-$1,000,000- $250,000 with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy to the City before installing the steps. Towncrest agrees to thereafter maintain such insurance in force until the steps are removed from the City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, q73 r, - 4 - the City shall have the right to remove the steps following five (5) days prior written notice to the owner of the property and the cost of removal shall be charged against the property in the manner provided in Iowa Code (1985) Section 364.2(e). stitute a covenant running with This Agreement shall con the land and shall be binding upon and shall inure to the benefit of the respective successors in interest and assigns of both parties. EXECUTED at Iowa City, Iowa, upon the dates as indicated below. TOWNCREST INVESTMENT ASSOCIATES By Dated: By CJI/TY OF IOWA CITY, IOWA �a ATTEST: Dated: /%Sti 973 -7 01 a .-=1A, - 5 - STATE OF IOWA SS: COUNTY OF JOHNSON On this 16th day of M 1986, before me, the unders�gni, a Notary Public in an or the State of Iowa, personally appeared Neal N. Llewell n and Ernest W. Sto elmoor , to me personally nown, who being by me u y sworn,did say that they are two of the partners of Towncrest Investment Associates, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of all of the partners and the said Neal N. Llewell n and Ernest W Sto lmo ac now a ge t e execution of the instrument to e the voluntary act and deed of the partnership by it and by them voluntarily executed. �y•, CHARtFSA.MUIICN \ /�((c��J I in otarN � in or Johnson County, STATE OF IOWA as: COUNTY OF JOHNSON ) On this — r`- day of Lrint� 1986, before me, the undersigned, a Notary Pu i in an or said County, in said State, personally appeared vWilliam J. Ambrisco and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corpration 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 William J. Ambrisco and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. i IMI DORISIDeMARCQ ' �/6— rLAIC_. MYCOMMIMON 1 Otary U' 1 n an or Johnson Count , Iowa 973 =l] • �faRGEfaLS � tti��:ae �g �,�L •- � X35 K,'P. Gw/:Jg{Gi2) f 2io2 errw� vmi�.a c�NEKoF MAKI�Y� LiNtilbty4Gf� OM18ir ATawr-ic�Esr -+ r aj n PEARSON& DRUG ST. MARYS CHURCH ExH10c'r A 0 WEFLbH \,� 0 ICF�1 QuILOING ACCEGe OML T ec�u�wcC.�uui+aeces.ewaiY '. ow-G�Y wVE7R'E`^t � 1�