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HomeMy WebLinkAbout1986-08-26 Public hearing5S co City of Iowa City MEMORANDUM Date: August 14, 1986 To: City council From: Douglas Boothr ire for using Inspection Services Re; Decriminalization of Municipal Code an Infraction Citati P olations and Establishment of Citation Process A new code enforcement approach is now available to adopted HF 2393 authorizes (effective Jul 1 Iowa Cit treat code violations as civilnses y + 1986) local communities to Recently a civil ) iltoff establish (municipal ninfractiion ions Penalty (fine) and ) punishable by (sometimes referred to as the "traffic ticket" approach citation a responsibilities and concerns approach seek the adoption of this legislation. effective enforcement led metoand 9 islation. Under the current system, process, This process violations of the Iowa City Code are treated as criminal misdemeanors and as such are subject to the criminal enforcement s has proven to be rigid and expensive, as well as ineffectual as a deterrent to violators. The w state slation firsteoffense andipenaltieslnootstoiexceed Pen$20alties f not to exceed $100 for the citation to aee or ther Personfwhoaviolat authorized ordinance0 far each repeat offense. in the say a community may issue an infraction allows, collectionme a ti an fine and/or magistrate division , HF 2393 is unique because it an order for abatement or in of the district injunctive relief, which may include Through the adoption of the infraction citation process would be streamlined, This process is more efficient and economical traditional method now em to code enforcement The citation is recd nizableyed of enforcement through criminalclitigation. tency in enforcement would be and understandable to most citizens, the process. Enforcement can improved because of the ease and directnessofcitation approach has been sh be more immediate and timely. attention of the property owner" wn to be an effective way f Finally, the so that correction can be accompli shed g the In order for this process to be implemented, an amendment to the Iowa City Municipal Code needs to be adopted, t memorandum for consideration 1s a proposed amendment toc Chapterthlis(a (administration) Counci lishing procedures and penalties for municipal infractions. are the administrative procedures and a typical citation. documents have been reviewed b Also attached other City departments interestedinusing tofsthe Clerk of All of these Court as well as T E The proposed amendment includes the following provisions: 1. Any violation of the Municipal Code, except those violations specifically defined under state law as felonies or misdemeanors, may be cited as a municipal infraction. 2. Schedule of civil penalties of $30 - first offense; $100 - second of- fense; and $200 - third and subsequent offenses. 3. Alternative relief from the court in thesame action (i.e, citation) which may include, but not be limited to, an order for abatement or injunctive relief. 4• Any City employee authorized to enforce the Code of Ordinances may issue a civil citation for a municipal infraction. 5. The requirements for the content of the citation. The primary objectives of this amendment are to improve the efficiency and effectiveness of code enforcement. It should be noted that the citation will only be issued if comliance is not obtained after a notice of violation is sent to the violator rsee attached administrative procedures). I respectfully request that you amend the Municipal Code to allow implementa- tion of this approach to code enforcement. Thank you for your consideration of this matter. bj3/2 /yo/ T ORNWICE N0. AN ORDINANCE AWNDING CWn M 1 OF 1}E CODE OF ORDINMNCES OF THE CITY OF IOWA CITY, BY ADDING PFbOCEOUFES AND PENALTIES FOR PLNICIPAL INFRACTIM. WIEFOS, the City Council wishes to decrimi- nalize certain FLnicipal Code violations and estab- lish a municipal infraction citation process, and VEWAS, the Purpose of this amendrent is to establish procedures and penalties for mmicipal infractions. NOW, ffMFORE, BE IT OWED BY THE CITY COUNCIL OF TIE CITY OF IUA CITY, IoA, 11AT: SECTION I. Chapter 1 is hely arended ty addirg the following new Article II: ARTICLE II. PNDCEOIM AND PENALTIES FOR NLNICI- PAL IWRAMM. j see.1-M. Wbitioa. (a) Cade: The term Code m2ans the Code of Ordinances of the City of kava City as nay be amnded fnm time to time. (b) Repeat offense: A recurring violation of the sane section of the code of ordinances. Sec.. 1-21. Yiolaticm, panties. and altarnr tive relief. j (a) Any violation of the Code, with the excep- tion of any violation which is a felonry or misdemeanor under state law, is a municipal 3 infraction. f (b) Unless another civil penalty is provided I! else+here in this Code for a specific viola- tion, a municipal infraction is a civil l offense punishable as provided in the fol - 11 loWing ale of civil penalties: Sdnednle of Civil Penalties: 1st offense WFR_o erase - , rd & subsequent offenses) - fE00 (c) Each day that a mnicipai infraction occurs and/or is permitted to exist constitute a smerate offense. (d) Seeking a civil penalty as authorized in this Article does not preclude the City frown seeking alternative relief from the Court in the sone action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive rel ief. Sec. 1-22. Civil citatfaa. (a) Anyemployee or other official authorized by the City to enforce the Code my issue a civil citation to a person who is alleged to have cormitted a mmicipal infraction. MO/ Ordinance No, Page 2 (b) The citation my be served by personal service or by certified mail return receipt requested. (c) Two copies of the citation shall be filed with the Clerk of the District Court and one copy shall be delivered to the alleged violator. (d) The citation shall serve as notification of an allegation that a ninicipal infraction has been cannitted and shall contain the following infcrnation: (1) The nare and address of the alleged violator. (2) The nene or description of the alleged infraction, attested to by the officer issuing the citation. (3) The location and tine of the alleged infraction. (4) The anount of civil penalty for the violation charged and the court costs, or the alternative relief sought, or both. (5) The nnarnner, location, and tine in vhich the penalty nay be paid. (6) The tine and place of court appear- ance. (7) A statenot of the penalty for failure to appear• in court. SECTION II. REPEALER: All ordinances and parts of ordirkvres in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provi- s cror nonce shall be adjudged to be invalid or• unconstitutional, such adjudication shall not affect the validity of the Ordinance as a file or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall De l n Oft as nal passage, approval and pub required by law. Passed and approved this • eu•.• Revived A Approvea ,�py bgel DeFLe m i9 .f6 /Viq/ i . l r It was moved by and seconded by that the •Ordinance as read be adopted and upon roll call there were: I ' AYES: NAYS: ABSENT: _ AMBRISCO — BAKER COURTNEY DICKSON S MCDONAID STRAIT — ZUBER _..j. first consideration Vote for passage: Second consideration Vote for passage i Date published I r 1j j I j ftr CITY OF IOWA CITY GENERAL ADMINISTRATIVE PROCEDURES AND INFORMATION FOR CITING MUNICIPAL INFRACTIONS Background In an effort to gain compliance with Iowa City ordinances, all persons responsi- ble for enforcing the ordinances should first attempt compliance through inspec- tion, notification, and granting of reasonable time to comply. When all reasonable efforts have failed and administrative remedies have been exhausted, any City employee authorized by the City to enforce the Code of Ordinances may issue a citation to any person determined to be committing a municipal infraction. Code Violation: Determination to issue a citation 1. A violation of a municipal ordinance is brought to the attention of the city employee or department authorized to enforce a particular City ordinance. 2. An investigation is conducted to determine whether or not a violation exists. 3. If a violation exists, a notice to correct violation is provided to the violator and a copy to the complainant, if appropriate. In the case of a violation by a Tenant, the property owner or agent should receive a copy of the Notice. Such notice shall: (a) be in writing; (b) include name or description of the violation; including the section of code violated; (c) indicate the location of the violation; (d) allow a reasonable time to correct/abate the violation; (e) explain that failure to correct/abate the violation within the time specified will result in further action by the City, including issuance of a citation and the assessment of a civil penalty (fine); (f) explain that each day that a violation occurs or is permitted to exist constitutes a separate offense; and (g) be by personal service as provided in Rule 56.1 of Rules of Civil Proce- dure or by certified mail return receipt requested or, in the event personal service or certified mail cannot be accomplished, by posting in a conspicuous place on the premises. 4. If the violator does not correct/abate the violation or set up a schedule to correct/abate the violation or does not comply with the schedule, a citation may be issued. Issuance of a citation 1. Any city employee authorized to enforce the Code together with his or her duly authorized representative(s) and/or agent(s) may issue a citation. Ma / Va 2. A citation may be issued only by the city employee who has witnessed the Violation-. 3. A citation may be issued only after the following criteria are met: (a) the issuance of the citation is authorized by a department head; (b) the citation is signed by the city employee issuing the citation prior to issuance/delivery to the violator; (c) the citation is completed with the following information: (1) the name and address of the violator; (2) the name or description of the violation attested to by the officer issuing the citation. Record relevant code section and provide a brief description of the violation. (3) the location and time of the violation. The time of the violation is the time the violation was observed. The location of the violation may not be the same address as that of the property owner. (4) the amount of the civil penalty to be assessed or the alternative relief sought, or both. The schedule of Civil Penalties to be assessed are as follows, unless a specific schedule of civil penalties is provided elsewhere in the Code: Schedule of Civil Penalties 1st offense - $30 2nd offense - $100 3rd and Subsequent offense(s) - $200 (5) the manner, location, and time in which the penalty may be paid. Payment may be by check in the amount of the fine as shown on the citation. Checks are to be payable to the Clerk of the District Court, Johnson County. (6) the time and place of court appearance. Court appearance times are 9 a.m. Monday and Thursday at the Iowa City Civic Center Council Chambers, 410 E. Washington Street. The appearance date should be set by a City employee issuing a citation approximately two weeks after issuance of a citation. 3 (1) penalty for failure to appear in court. Failure to appear in response to the citation will result in the court entering judgment against the person cited, If the terms imposed by the Court are willfully disobeyed, this disobedience is contempt. 3. The citation may be served by personal service or by certified mail return receipt requested. The violator does not need to sign the citation. 4. A citation may be issued immediately for a repeat offense; i.e., a recurring violation of the same section of the code of Ordtnantes. Settlement of a violation Any person served with a citation may settle the violation by correcting/abating the violation and paying to the Clerk of Court the civil penalty assesssed. The violator is responsible for the court costs and fees. Prior to the citiation being dismissed by the City, provision for the payment of court costs and fees must be arranged with the Clerk of Court. It is the City's policy not to dismiss a cita- tion until the payment of court costs and fees is made by the violator. Contact with the Court 1. Upon issuance of a citation, the employee shall give two copies to the violator. The employee then shall check department records to see if the violator has any prior citation and/or conviction for the same section of the ordinance within the previous year. The employee or departmental representa- tive shall retain the department's copy and hand deliver the original copy of the citation to the court, along with information about prior citation and/or convictions. 2. All citations shall be numbered, with each department being responsible for keeping track of its citations (issued or voided) and for delivering the originals to the court. When communicating with the court about a citation, the employee shall first refer to the citation number, the court can then provide the employee with a docket or case number which is assigned by the court. Subsequent communications should refer to the docket number. The employee shall appear in court when the hearing is held. Proceedings before the Court - State Law Provisions 1. The City has the burden of proof that the municipal infraction occurred and j that the violator committed the infraction. The proof shall be clear, satis- factory, and convincing evidence. 2. The court shall ensure that the violator has received a copy of the charges and that the violator understands the charges. The violator may question all witnesses who appear for the City and produce evidence or witnesses on the violator's behalf. 3. The violator may be represented by counsel of the violator's own selection and at the violator's own expense. 4. The violator may enter a plea admitting or denying the infraction. I 2 5. The verdict of the court for a municipal infraction shall be guilty of the municipal infraction or not guilty of the municipal infraction. 6. All penalties or forfeitures collected by the court for municipal infractions shall be remitted to the City in the same manner as fines and forfeitures are remitted for criminal violations under Section 602.8106 of the Iowa Code. If the person named in the citation is served as provided for in this section and fails without good cause to appear in response to the civil citation, judgment shall be entered against the person cited. 7. A person found guilty of a municipal infraction is liable for the court costs and fees. If a person is found not guilty of a municipal infraction or the action is dismissed, the City is liable for the court costs and court fees. When the action is disposed of without payment, or provision for assignment of court costs, the clerk shall at once enter judgement against the City. 8. Seeking a civil penalty as authorized by the Iowa Code, does not preclude the City from seeking alternative relief from the court in the same action. 9. When a violator has been found guilty of a municipal infraction, the court may impose a civil penalty or may grant appropriate relief to abate or halt the violation, or both, and the court may direct that payment of the civil penalty be suspended or deferred under conditions established by the court. If a violator wilfully fails to pay the civil penalty or violates the terms of any other order imposed by the court, the failure is contempt. 10. A violator who has been found guilty of a municipal infraction may file a motion for a new trial or a motion for a reversal judgment as provided by law or rule of civil procedure. 11. This section does not preclude a peace officer of a city from issuing a crimi- nal citation for a violation of a City Code or regulation if criminal penal- ties are also provided for the violation. Each day the violation occurs or is permitted to exist by the violator, constitutes a separate offense. 12. The issuance of a civil citation for a municipal infraction or the ensuing court proceedings do not provide an action for false arrest, false imprison- ment, or prosecution. iffAi h C 1 T A T E 0 N- MUNICIPAL INFRACTION CITY OF IOWA CITY ORDINANCE VIOLATION CITATION NO, DOCKET N0. _ The City of loss City, Iowa, vs. DEFENDANT MIME: Last First Middle ADDRESS: Street CITY: STATE: ZIP: The undersigned states that the Defendant cited herein did violate the Iowa City Code of Ordinances on or about: at [ ] A.M. [ ] P.M. Month Day Year Address of Violation(s): Defendant herein did violate Section of Ordinances of the City of tow City, law, as follows: of the Code CIVIL PENALTY AND COURT COSTS TO BE PAID AT THE 71ME AND PLACE OF THE COURT APPEAR- ANCE SHOWN ON THE CITATION. PAYMENT MUST BE NUDE BY CASH OR CHECK TO CLERK OF COURT, COURTHOUSE, JOHNSON COUNTY, IOWA. CIVIL PENALTY ASSESSED: f COURT COSTS: S TOTAL: s DEFENDANT I$ FORTHWITH DIRECTED TO PAY THE CIYIL•PENALTV AND CORRECT/CEASE THE VIOLATION DESCRIBED ABOVE. TO ANSWER THE CHARGES ON THIS CITATION, YOU HIST APPEAR IN COURT ON AT ( ] A.M. [ ] P.M. Month Day Year IN THE COUNT AT FAILURE TO APPEAR IN COURT WITHOUT GODD CAUSE WILL RESULT IN JUDGEMENT BEING ENTERED AGAINST YOU FOR THE CIVIL PENALTY AND COURT COSTS, AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S). The undersigned attests that the natters herein set forth are true and correct. By City eryloyee: Title: Dated: / / Phone Nunber: I ra FATICE ff PUBLIC FEARING Notice is hereby given that a public hearing will �3held paby the m, on the 26th dayiof August,Cl986,oin, at the Council on of the Civic Center, Io,e City, Iowa, on the following item: An ordinance to amend the Zoning Ordinance sign regulations to prohibit the internal illumination of more than 25% of an awning. Copies of the proposal anendnent are on file for public examination at the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known or to suggest changes for City Council consideration before adoption of this annandnent should appear at the hearing. MARIAN K. KARR, CITY CLERK I 1 City of Iowa City MEMORANDUM Date: August 21, 1986 To: City Council From: Karin Franklin, Senior Planne Re: Internally Illuminated Awnings The Council has before it an ordinance which prohibits the internal illu- mination of more than 25 percent of an awning's surface. This amendment was presented by the staff in response to requests which had been received for sign permits for awnings which were fully illuminated. The sign ordinance has been interpreted to mean that awning signs are permitted to the extent that the sign covers only 25 percent of the awning surface. The full illumination of 100 percent of an awning with graphics was inter- preted to be a sign and would be, therefore, illegalThe staff proposed the attached amendment to clearly state in the ordinance the results of the interpretation and to bring the policy question of whether fully internally illuminated awnings, with or without graphics, should be per- mitted as a signage option in Iowa City. The Planning and Zoning Commission recommended by a vote of 4-1 (Horowitz voting no) that the proposed amendment be approved, prohibiting fully internally illuminated awnings as a signage option. Horowitz's negative vote was based on advice from the Design Review Committee that illuminated awnings be permitted as an option with standards related to size, the amount of light diffused, and building compatibility. Please refer to the Design Review Committee minutes of July 24 included in the packet for a full account of the Committees discussion. Other correspondence received by the Planning and Zoning Commission relat- ing to this issue are also included in the packet. bdw4/1 A/X/ ORDINMLE NO. ORDINA z TO MM TIE SIGN IEaLATIONS OF 1}E ZONING ORDINANCE WITH RESPECT TO ILLIMINATED AWNING SIGNS. WiErEAS, the Sign Fegulations are intended to en- hance and protect the physical appearance and safety of the connnity through standards Which provide all sign users a reasonable opportunity to display signs for identification; and wEREAS, the Sign Regulations permit awning signs in certain zona subject to an individual signage allowance; and WIRERS, an internally illuninated aws ping dram attention to its entire surface, thereby serving as a sign, and such internally illuninated amngs exceed the maxim signage allowance for an awning sign; and ffjoS, the City Council of Iae City finds that the Sign Regulations should be anerdei to clarify the manes in Which illuninated awnings are regu- lated so that all sign uses are treated in a fair and equitable panes. NOW, Tif UM, BE IT RESOLVED BY TdE C11Y CC1N- CIL OF IDA CITY TWIT: SECTION I.A14i11�E11f5. on %the Code of Ordinances is anended by adding the following new subsection ii n lly illuminated ening. Pn awning with a translucent or transparent covering and with internal illunination Which my be diffused twougin the covering. For purposes of these sign regulations, internally illuninated awnings are deepen to be signs. 2. Section 36-62(b) of the Code of Ordinances shall be ova by deleting said Section and inserting in lieu thereof the following: Section 3642(b). Prohibited sign. (b) prohibited signs. the followiry signs are specifically prohibited in all zones: (1) le signst thattraed gd� oroti exceed three barberp(3) feet in height and nine (9) inches in diameter and excluding time and torr perature signs. (2) Balloons. �3) Ihzardous signs. 4) Internally illuminated awnings. However, awning signs Which cover not more than 25% of the surface of the awning prey be internally illuminated. (5) obsolete signs. AN T Ordinance No. Page 2 (6) Portable signs, including signs on wheels, trailers and truck beds and excluding those teipor-ary signs ex- pressly permitted herein. (7) Roof signs. (8) Search lights. (9) SSpin erasing orgnsother similar devices. SECTION II. REPEATER. All ordinances and parts of ordinances in conf ct with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provi- sion or part of WeTrdl—nance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity v`hole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall n effect U97T EFTnal passage, approval and j publication as required by lar. Passed and approved this ATTEST: CITY CLEWj i Approve" by 11�,_I I De artmint �T�� §1 j ZTuly 3, 1986 TO: City -Relations Committee • RE: Planning and Zoning Decision on Sign Ordinance and Illuminated Awnings As discussed at the last two City Relations meetingsthe Planning and Zoning Commission is seeking public input regarding the issue of �'internally illuminated awnings and the sign ordinance. Although the Chamber is not taking a stand officially on this issue the COmmittee ( suggested that members as individuals be invited'to participate in ; _ 1 -this Public hearing. Date: Thursday, July 10 Time: 7:30 p.m. Ii Place: City Council Chambers Si e�r�el/ , � ecut�e vice President I PO:vj -..... 1 Greater Iowa City Area Chamber of Commerce P.O. Box 2358 Iowa City, Iowa 52244 (319) 337.9637 T M Way 21, 1986 To The Planning and Zoning Committee, The Illuminated Awning Committee has after two meetings studied the intent of the proposed amendment to the ,sign or- dinance, that internally illuminated awnings be prohibited in Iowa City. We find awnings to be a welcome addition in Iowa City adding to the safety, comfort and beauty of resid- ences and businesses. Illumination internally or externally only increases the beauty of awnings and permits day or nite 'Ase. Therefore the committee recommends that the proposed amendment be rejected and that current building an: sign code restrictions adequately restrict the size of and signage. The Illuminated Awning Committee, I IOWA DATE: April 16, 1986 TO . Members of the Planning and Zoning Commission FROM: Board of Directors of the Iowa City Downtown Association RE Proposed changes in regulations for illuminated awnings in the downtown area. we are requesting that the Commission postpone any de- cisions under consideration with regard to the matter of regulating the use of illuminated awnings in the downtown area. .This postponement would enable the Association to give this matter its attention and formu- late a recommendation to present to the Planning and Zoning Commission. Your cooperation would be appreciated. Q �n gly, -11 U 1 ive President Downtown Association of Iowa City P.O. Box 2358 Iowa City, Iowa 52244 (319) 337-9637 Affiliated with the Greater Iowa City Area Chamber of Commerce AN I _f SN10 OF IOWA , L 1732 E Avenue N. E. Cedar Rapids, Iowa 52402 April 16, 1956 i Iowa City Planning and Zoning Commission Tom Scott, Chairman Re: Back Lighted Awing Dear Tom: After only having knowledge of the proposed changes in the sign ordinance for less than a week I believe vie need more time and community input and evaluation on such a change, chamber of like P & Z, local architects tee otecplanners, design review, eole industry to studyand research out this suggested change.oAfter a specified length of time the committe would report its findings back to the planning and zoning commission. The commission would also be kept informed of the committe's progress on this issue. I'm hoping you understand our dilemma. Sincerely yours, Bernie Wright Marketing/Sales BBW/lr' 319/362-9580 Electrical Displays 0 Store Front Identification • Sign Advertising I I I T 5 NOTICE OF R18LIC HEARING Notice is he* given that a public hearing will be held on Tuesday, August 26, 1986; at 7:30 p.m, in the Council Dorbes, Civic Center, 410 E. Washing- ton Street, Icva City, Iowa. 403A.28, State Code of Iowa, requires this Public Hearing prior to under- taking this housing project. The Ia a City Housing Authority intends to apply far eighteen (18) Section 8 Existing Housing vouchers. If approved, these eighteen vouchers will be an extension of the pres- ent Section 8 Housing Assistance Pape nts program now adninistered by the Iowa City Housing Authority; The units may range in size from ane to four-bedroom units and will be located within the corporate limits of Iola City. Eligible families will pay 30% of family income for rent. Funds for the Housing Assistance Payments will be provided_ty the Depart- nent of Housing and Urban Develgmt. The specific dollar amount is not known at this time. For addi- tional infamticn, contact the Housing Coordinator at 356-5138; i H91RIM1 K. KAM, CITY MM i i I R } r" r i • /y/3 U NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE IOWA CITY RECREATION CENTER HEAT RECOVERY PROJECT TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a Public hearing on plans, specifications, form of contract and estimated cost for the construction of the Iowa City Recreation Center Heat Recovery Project in said City at 7:30 p.m. on the 26th day of August, 1986, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office Of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa. MARIAN KARR, CITY CLERK /Wil NOTICE 0= IMI ION TO ISSLE ItIX6TRIAL OEVELORW REwU VE (MIL M WA1: VJSE M]EU) Notice is hereby given that a public hearing will be conducted before the City Council of the City of Iona City, lova, at the Council Chaabers in the Civic Center, IM City, Im 52240, at 7:30 p.m, on August 26, 1986, on the proposal to issue $1,500,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Millard Warehouse Pro- ject), Series A, dated as of Septerber 1, 1986, pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of refunding the principal and accrued interest on the City of Im City, Iova, $1,400,000 Series A Industrial Develop, meat RLvewe Bond (Millard Warehouse Project) dated Septerber 15, 1983, the City of Iowa City, Iowa, $700,000 Series B Industrial Development Revenue Bond (Millard Warehouse project) dated December 1, 1983, and the City of Iowa City, Iowa, $400,000 Series C, Industrial Developrent revenue Bond (Millard 985 hereiProject) nafter referreferredto dated s "Prior Issues"15, l ) ard defraying the cost of acquiring, ccnsb uctirg, improving, and equipping land and a building and other improvenents which shall be suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing or distributing products of agriculture (the "Project"), (including necessary expenses incidental thereto). The Project consists of 49,152 square feet cold storage facility to be located at 2710 Highway 6 East, Ima City, Iowa. The poceeds from the sale of such Bunds will be loaned to Millard Warehouse, Iowa City, a Ne- braska General Partnership, as the aver ard opera- tor of the Project, pursuant to a Loan Agreement vhich will provide loan payrents sufficient to pay the principal of and interest and preniun, if any, on such Buds as the sane fall due. The Bords shall neve constitute an indebtedness of said City within the meaning of any state consti- tutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing pmkrs. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds, and at said hearing, or any adjourment thereof, the City Council of said City shall adopt a resolution determining vhether or not to proceed with the issuance of said Bards. By order of the City Council. CITY CLERK, CITY OF IDA CM, IDA 9l9 /y/6 -I