HomeMy WebLinkAbout1986-09-09 Resolution0
VICE CF INIENII01 TO ISSIE IWErRIAL O MDRW
FEWIE RES (KUM W MCLrA PMECT)
Notice is hereby given that a public hearing will
be conducted before the City Council of the City of
Iowa City, Ice, at the Council Umbers in the
Civic Center, love City, Iowa 52240, at 7:30 pm. on
August 26, 1986, on the proposal to issue $4,500,000
aggregate principal amunt of the City's Industrial
Developnert Revenue Bonds (Millard Warehouse Pro-
tect), Series A, dated as of Septerber 1, 1986,
pursuant to the provisions of Chapter 419 of the
Code of Iova, for the purpose of refueling the
principal and accrued interest on the City of Iowa
City, Iowa, $1,400,000 Series A Industrial Develop•
ment Revenue Burd (Millard Warehouse Pr:l)ect) dated
September 15, 1983, the City of Io"e City, Iowa,
$700,000 Series B Industrial Developnart Revenue
Bond (Millard Winehmse Project) dated December 1,
1983, and the City of Iona City, Ice, $100,000
Series C, Industrial Development fevenue Bord
(Millard Warehouse Project) dated Jule 15, 1985
(hereinafter referred to as "Prior Issues") and
defraying the cost of acquiring, constructing,
improving, and equipping land and a building and
other improvements which shall be suitable for the
use of any industry or cmnamial enterprise engaged
in processing, storing, warehousing or distributing
eceessssary expensests of lture inciden(tal "Project"),
,Tre Project
consists of 49,152 square feet cold storage facility
to be located at 2710 Nighway 6 Past, lova City,
Iova. The proceeds fran the sale of such Bonds will
be loaned to Millard Warehouse, Iove City, a Ne-
braska General partnership, as the Omer and opera-
tor of the Project, pursuant to a Loan Agreenent
which will provide loan payments sufficient to pay
the principal of and interest and promiun, if any,
on such Bonds as the sale fall due.
The Bonds shall never constitute an indebtedness
of said City wdthin the meaning of any state consti-
tutional provision or statutory linitation, and
shall not constitute nor give rise to a pecuniary
liability of said City or a charge against its
general credit or taxing powers.
All local residents who appear at said hearing
shall be given an opportunity to express their viers
for or against the proposal to issue said Bads, and
at said hearing, or any adjourrment thereof, the
City Council of said City shall adopt a resolution
determining whether or not to proceed with the
issuance of said Bords.
By order of the City Council .
Cm curac, cm OF IDA Cm, IDvA
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RESOLUTION NO. 86-284
I
PUBLIC HEARING AND RESOLUTION TO PROCEED WITH THE ISSUANCE
AND SALE OF NOT TO EXCEED $4,500,000.00 AGGREGATE PRINCIPAL i
AMOUNT OF INDUSTRIAL REVENUE BONDS, (MILLARD WAREHOUSE, IOWA
CITY PROJECT) SERIES A OF THE CITY OF IOWA CITY, IOWA,
WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the
"City"), Is a municipal corporation organized and existing under the laws and
constitution of the State of Iowa, and is authorized and empowered by Chapter
419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue
bonds for the purpose of acquiring, constructing, improving or equipping
facilities which are suitable for the use of any industry or commercial
enterprise engaged in processing, storing, warehousing or distributing products
of agriculture which will be located within the corporate boundaries of the City
and is further empowered by the Act to issue revenue bonds and loan the proceeds
from the sale of said bonds to one or more parties for the purpose of refunding
outstanding revenue bonds previously issued by the City for the purpose of
acquiring land and constructing a building and other improvements which shall be
suitable for the use of any industry or commercial enterprise engaged in
Processing. storing, warehousing or distributing products of agriculture, which
will be located within or near the corporate boundaries of the City (hereinafter
referred to as the "Project"), and to loan the proceeds of the Bonds to Millard
Warehouse, Iowa City, a Nebraska General Partnership, (hereinafter referred to
as the "Company") for the purpose of constructing the Project, improving the
Project and refunding Prior Issues{ and
WHEREAS, the City Is authorised by the Act to issue Industrial
Development Revenue Bonds secured by a mortgage on all or any part of the
Project acquired, constructed, improved, or equipped, through the issuance of
such revenue bonds and payable solely out of the revenues derived from of the
Project= and
WHEREAS, a Notice of Hearing on the proposal to issue not to exceed
$4,500,000.00 aggregate principal amount of Industrial Development Revenue
Bonds, (Millard Warehouse, Iowa City Project) Series A (the "Honda") of the City
of Iowa City, Iowa, has been published as required by law, and
WHEREAS, the City has been requested by the Company to authorize and
issue its Industrial Development Revenue Bonds in an amount not to exceed
$4,500,000 pursuant to the provisions of the Act for the purpose of refunding
the outstanding principal and accrued interest of the City of Iowa City, Iowa,
$1,400,000 Series A, Industrial Development Revenue Bond (Millard Warehouse
Project) dated September 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
Development Revenue Bond (Millard Warehouse Project) dated June 15, 1985
(hereinafter referred to as "Prior Issues") and defray the cost of the
acquisition, construction, improving and equipping of the Project; and
WHEREAS, the City has passed a certain Resolution No. 86-250 ,
authorising the issuance of certain Industrial Development Revenue Bonds
(Millard Warehouse, Iowa City Project) an amount not to exceed $4,500,000; and
WHEREAS, in conjunction with the aforementioned Resolution, the City
entered into an Amended Memorandum of Agreement dated July 29, 1986 with the
Company to document the interests of the parties; and
WHEREAS, the City has determined that the amount necessary to refund
the Prior Issues and to defray the cost of acquiring, constructing, improving
and equipping the Project, including necessary expenses incidental thereto, will
require the issuance by the City of an amount not to exceed $4,500,000 aggregate
principal amount of its Industrial Development Revenue Bonds pursuant to the
provision of the Act; and
WHEREAS, the Bonds, whether one or more, if issued, shall be limited
obligations of the City, and shall not constitute nor give rise to pecuniary
liability of the City or a charge against its general credit or taxing powers,
and the principal of and interest on the Bonds shall be payable solely out of
the revenues derived from the Project to be financed by the Bonds; and
WHEREAS, notice of intention to issue $4,500,000 Industrial
Development Revenue Bonds, (Millard Warehouse, Iowa City Project) Series A, hes,
as directed by the Council of the City, been duly given in compliance with the
Act and Section 103(k) of the Internal Revenue Code, as amended; and
WHEREAS, a public hearing hes been held on the proposal to issue such
Bonds at the time and place as specified in said notice and all objections or
other comments relating to the issuance of such Bonds have been heard.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
AS FOLLOWS;
Section 1. That is is hereby determined that it is necessary and
advisable that the City proceed with the issuance of Industrial Development
Revenue Bonds, (Millard Warehouse, Iowa City Project) Series A, of the City in
an amount not to exceed $4,500,000 aggregate principal amount, as authorized and
permitted by the Act to finance the cost of the Project to that amount upon
terms and conditions mutually acceptable to the City and the Company.
Section 2. That at the public hearing conducted by this City Council
as required by the Act and Section 103(k) of the Code and pursuant to published
notice, all persons who appeared were given an opportunity to express their
views for or against the proposal to issue said Bonds and it is hereby
determined that any and all objections to the issuance of said Bonds are hereby
overruled.
Section 3. That it Is hereby determined (i) that a general functional
description of the type and use of the Project has been provided to the City by
the Company and included in said notice of hearing and is hereby approved; (ii)
that the maximum aggregate face amount of the Bonds has been provided to the
City by the Company and included in said notice of hearing and is hereby
approved; (iii) that the initial owner, operator or manager of the Project has
been provided to the City by the Company and included in said notice of hearing
and is hereby approved; and (iv) that the prospective location of the Project
has been provided to the City by the Company and included in said notice of
hearing and is hereby approved.
Section 4. That the Mayor, the Clerk and the attorneys for the City
are hereby authorised and directed to do any and all things deemed necessary in
order to effect the accomplishment of the Project and the issuance and the sale
of the Bonds.
Section 5. That the attorneys for the City shall approve all
agreements to be entered into in connection with the issuance of the Bonds prior
to due consideration by the City Council and execution by the Mayor and Clerk
and such agreements shall be authorized and approved by this City Council after
approval by the attorneys for the City and after due consideration prior to
their execution by the City.
Section 6. That said Bonds, if issued, and the interest thereon, will
be payable solely out of the revenues derived from the financing of said Project
and shall never constitute an indebtedness of the City of Iowa City, Iowa within
the meaning of any state constitutional provision, or statutory limitation, and
shall not constitute or give rise to a pecuniary liability of said City of Iowa
City, Iowa, or a charge against its general creditor or taxing powers.
Section 7. That all resolutions and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 8. That this Resolution shall become effective immediately
upon its passage and approval.
PASSED AND APPROVED this 9th day of geptemher . 1986.
ATTEST:
CityClerklayor
(S E A L)
I, the undersigned, being first duly sworn, do hereby depose and
certify that I am the duly appointed, qualified, and acting Clerk of the
aforementioned City and that as such I have in my possession or have access to,
the complete corporate records of said City and of its Council and officers;
that I have carefully compared the transcript hereto attached with the aforesaid
corporate records; and that said transcript hereto attached is a true, correct
and complete copy of all the corporate records in relation to the Resolution to
proceed with the issuance and sale of not to exceed $4,500,000 aggregate
principal amount of Industrial Development Revenue Bonds, (Millard Warehouse,
Iowa City Project) Series A.
WITNESS my hand and the corporate seal of said City hereto affixed
this 9th day of _$0ntomher a 1986.
(S EA L)
(mwfac)
_4.��
City Clerk
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RESOLUTION NO. 8 LLS
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY
CLERK TO ATTEST A PURCHASE AGREEMENT WITH SAAB-SCANIA OF AMERICA
FOR THREE BUSES.-
WHEREAS,
USES.
WHEREAS, the City of Iowa City has a municipal transit system; and
WHEREAS, the City Council of the City of Iowa City has authorized the
purchase of three buses by Iowa City Transit; and
WHEREAS, the U.S. Department of Transportation has provided a grant for
funding to pay 80 percent of the cost of purchasing three buses for Iowa
City Transit; and
WHEREAS, the City of Iowa City has provided the local share amount needed
for this project through a loan from the Iowa Department of Transporta-
tion; and
WHEREAS, the City of Iowa City has received a bid in the amount of
$319,800 for the purchase of three buses from Saab-Scania of America.
NOW; THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA; as follows:
1. That the City Manager is authorized to execute a purchase agreement
with Saab-Scania of America for this project.
It was moved by McDonald and seconded by Strait the Resolution
be adopted;.and upon ro 1 cal there were:
AYES:
NAYS: ABSENT:
X
X
— AMBRISCO
X
BAKER
X
COURTNEY
X
DICKSON
X
MCDONALD
X
STRAIT
ZUBER
Passed and approved this 9th day of Seo-- tom_
,�1986�j�,�
ATTEST:
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City of Iowa City
�- MEMORANDUM
Date: September 4, 1986
To: Iowa City CC�rityy
Council
From: Ray Helmer'`"Riverfront Commission Chairperson
Re: Riverfront Commission's Views on Tributaries
As chairperson of the Riverfront Commission, I would like to present our
ideas concerning Ralston Creek and other major tributaries to the Iowa River
system. As you are well aware and as the new Shirley Wyrick sculpture so
well indicates, the river system is not limited only to the main channel, but
is an entire ecosystem with many tributaries making up the flow. Our efforts
have recently been concentrated on cleanup with the Mayor's Youth project,
plantings and the placing of benches, etc, in strategic places along this
system
ement
efforts and coordination feel we vof varying groups great
le spending lit lee oronoamoney.
We would like to implement plans in the future, such as cleanup, riprapping,
site selection for benches and bike trails, but wish to make sure the grey
areas of tributaries are also covered and not neglected as they are an inte-
gral part of our community and life.
As a citizen volunteer group of varying disciplines, we are reaching out and
drawing from other community groups. We are working with the University of
Iowa, Project GREEN, the Mayor's Youth Employment Program, University campus
service fraternities, local retailers and local service organizations, such
as the Jaycees, to accomplish our goals. Our Commission members have given
freely of their time in seeking out new groups, money sources and gifts. This
effort has not called for increased staff time or an increase in support
services, such as printing and mailing costs.
Our Mayor's Youth project this summer was a prime example of what can be
accomplished. The Commission was able to select several sites along the Iowa
River and Ralston Creek for cleanup and renovation of plantings. Trash was
hauled,
hrub trees carted was quite high during the timebanks s of this Sinced and brush removed.
effort, we recommended
theriverthat
MYEP concentrate its efforts on the Ralston Creek site behind the Chauncey
Swan parking lot. Our flexibility enabled this project to proceed. Other-
wise we would have lost the state -funded Mayor's Youth to other projects.
The fact that we were able to switch to a tributary during high water time on
the river gave us a broader range of projects to choose from, yet cost no
more in staff time or support services budget.
I would welcome the opportunity to visit in depth with the Council about the
Riverfront 's reasons for
laws
amendments in order onto include tributaries ienabling
commission'sordinance nadvisory
authority.
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City of Iowa City
MEMORANDUM
Date: September 4, 1986
To:C ty n
From; pon e e i c o , Department of Planning & Program Develop-
ment
Re: Expansion of the Riverfront Commission's Authority
At the Iowa City Riverfront Commission meeting held on August 6, 1986, the
Commission voted to recommend to the City Council that its authority be
expanded to include the "investigation, study, review and analysis" of the
floodplains of the tributaries to the Iowa River.
As indicated in the minutes of the Commission meeting enclosed with this
agenda, Resolution No. 73-148 was adopted in 1973 to establish a Riverfront
Commission to oversee matters pertaining to the Iowa River. Expansion of this
authority to include the floodplains of the tributaries to the Iowa River
should be discussed in view of the following concerns:
1. The Riverfront Commission presently has available to it a quarter -time
staff person to provide staff support. It is not possible to expand the
Commission's authority without also increasing the staff necessary to
provide it with assistance. It is anticipated that at least an addi-
tional quarter -time staff person would be required.
2. There has been considerable discussion by several boards and commissions,
including the Riverfront Commission, as to the consolidation of two or
more of these boards. Expansion of one commission's authority should be
delayed pending resolution/discussion of these consolidation efforts by
the City Council.
3. Inclusion of the floodplains of the tributaries to the Iowa River within
Iowa City encompasses an extensive land area and could be significant in
terms of the Commission's review authority, part of which has in the past
been within the purview of the Parks and Recreation Commission.
While I do not wish to deter the desires of the Riverfront Commission, it is
recommended that consideration of this matter be deferred and discussed later
after discussion of consolidation efforts and in conjunction with the con-
cerns mentioned above.
cc: Ray Helmer
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RESOLUTION NO. 86-286
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FnD TUC
WHEREAS, AAA Mechanical Contractors Inc. of Iona Ci I
has submitted the best br of p 2i
above-named project. 00 for t e cons
IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
I. That the contract for the construction of the above-named project is
hereby awarded to AAA Mechanical Contractors Inc. of Towa Ci Iowa
subject to the cond t on t at awar ee secure a equate performance bon ,
insurance certificates, and contract compliance program statementperformance
b
2. That the Mayor is hereby authorized to sign and the City Clerk to
attest the contract for the construction of the above-named project, subject
to the condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements.
It was moved by McDonalde and seconded b
the resolution as rea e a op , an upon roll call there w r— — that
AYES: NAYS: ABSENT:
X Ambrisco
x Baker
X Courtney
x Dickson
x MC -Donald
x Strait
x_ Zuber
Passed and approved this 9th day of -------Le ntember
19 86 .
YOR
ATTEST; .[� „i/a Appro
C CL tonal ,d
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City of Iowa City
MEMORANOVM
DATE: September 8, 1986
TO: City Council and City Manager
FROM: Frank Farmer, City Engineer•
RE: Iowa City Recreation Center Heat Recovery Project
The above-mentioned project was bid on September 8, 1986, and the
following bids were received:
AAA Mechanical Contractors, Inc. $30,521.00
P.O. Box 805
Iowa City, IA 52244
Larew Company, Inc. $32,676.00
1900 S. Riverside Drive
P.O. Box 2980
Iowa City, IA 52244
Engineer's Estimate $29,000.00
Public Works/Engineering and the Energy Coordinator recommend approval
of the resolution awarding contract.
cc: Jim Schoenfelder
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ADVERT1ffAZR FOR BIDS
IOWA CITY RECREATION CENTER
HEAT RECOVERY PROJECT
Sealed proposals will be
received by the City Clerk of the
City of Iowa City, Iowa, until
10:30 A.M. on the 8th day of
September, 1986, and opened
immediately thereafter by the City
Engineer. Proposals will be acted
upon by the City Council at a
meeting to be held in the Council
Chambers at 7:30 P.M. on September
9, 1986, or at such later time
and place as may then be fixed.
The work will involve the
following: Installation of a heat
recovery piping system along with
exhaust fans, electrical wiring,
circulating pumps, etc. and
miscellaneous associated work.
All work is to be done in
strict compliance with the plans
and specifications prepared by
Design Engineers, Cedar Rapids,
Iowa, which have heretofore been
approved by the City Council, and
are on file for public examination
in the Office of the City Clerk.
Whenever reference is made to
the "Standard Specifications", it
shall be the "Standard
Specifications for Highway and
Bridge Construction", Series 1984,
Iowa Department of Transportation,
Ames, Iowa.
Each proposal shall be
completed on a form furnished by
the City and must be accompanied
in a sealed envelope, separate
from the one containing the
proposal, by either of the
following forms of bid security:
(1) a certified or cashier's check
drawn on a solvent Iowa bank or a
bank chartered under the laws of
the United States or a certified
share draft drawn on a credit
union in Iowa or chartered under
the laws of the United States, in
6ri
an amount equal to 10 percent of
the bid, or (2) a bid bond
executed by a corporation
authorized to contract as a surety
in the State of Iowa, in a penal
sum of 10 percent of the bid. The
bid security shall be made payable
to the TREASURER OF THE CITY OF
IOWA CITY, IOWA, and shall be
forfeited to the City of Iowa city
as liquidated damages in the event
the successful bidder fails to
enter into a contract within ten
(10) days and
post bond
satisfactory to the City insuring
the faithful performance of the
contract and maintenance of said
work, if required, pursuant to the
Provisions of this notice and the
other contract documents. Checks
of the lowest two or more bidders
may be retained for a period of
not to exceed fifteen (15) days
until a contract is awarded or
refection is made. Other checks
will be returned after the canvass
and tabulation of bids is
completed and reported to the City
Council.
Payment to the contractor
will be made as specified in the
"Standard Specifications", Article
1109.06,
The
requi ed toccessful furnishbadder bondwill be
in an
amount equal to one hundred
Percent (loo%) of the contract
Price, said bond to be issued by a
responsible surety approved by the
City Council and shall guarantee
the prompt payment of all
materials and labor and protect
and save harmless the City from
Claims and damages of any kind
caused by the operation of the
contract, and shall also guarantee
the maintenance of the improvement
for a period of one (1) year from
and after its completion and
acceptance by the City.
/44907-
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The following limitations
shall apply to this work:
Working Days: 40
Completion Date: November
7, 1986
Liquidated Damages: $100.00
per day
Copies of said plans and
specifications and form of
proposal blanks may be secured at
Design Engineer office, 706 J
Avenue N.E., Cedar Rapids, Iowa,
52402, by bona fide bidders.
Technical questions regarding
the plans, specifications, and
Proposed contract documents may be
directed to John W. Bollinger,
P.E., Design Engineers, Cedar
Rapids, Iowa, (319) 364-1944.
Return all plans and
specifications to the City
Engineer's office in good
condition within fifteen (15) days
after the opening of the bids.
Prospective bidders are
advised that the City of Iowa City
desires to employ minority
contractors and subcontractors on
City projects.
The Contractor awarded the
contract shall submit a list of
proposed subcontractors along with
quantities, unit prices, and
amounts before starting
construction. If no. minority
business enterprises (MBE) are
utilized, the Contractor shall
furnish documentation of all
efforts to recruit MBE's.
A listing of minority
contractors is available and can
be obtained from the Civil Rights
Specialist, at the Iowa City Civic
Center, by calling (319) 356-5022.
By virtue of statutory
authority, preference will be
given to products and provisions
grown and coal produced within the
State of Iowa, and to Iowa
domestic labor, to the extent
lawfully required under Iowa
/449'7-
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Statutes. The Iowa Reciprocal
Preference Act (SF 2160) applies
to the contract with respect to
bidders who are not Iowa
residents.
The City reserves the right
to reject any or all proposals and
to waive technicalities and
irregularities.
Published upon order of the
City Council of Iowa City, Iowa.
MARIAN KARR, CITY CLERK
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RESOLUTION N0. 86-287
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AGREEMENT AMENDING THE SEPTEMBER 1, 1985, AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HOLIDAY WRECKER.
WHEREAS, on September 1, 1985, the City and Holiday Wrecker executed an
agreement for towing services; and
WHEREAS, the City and Holiday Wrecker have negotiated the attached amendment
to said agreement for the purpose of amending the Standard Tow Rate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
iThat the Mayor is hereby authorized to sign and the City Clerk to attest said
amendment to the September 1, 1985, agreement between the City and Holiday
I
Wrecker.
It was moved byZuber and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
i
AYES: NAYS: ABSENT:
i
X Ambrisco
X Baker
X Courtney
X Dickson
y_ McDonald
Strait
y_ Zuber
i
Passed and approved this 9th day day of September 1986.
I
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ATTEST: %%►aa:a ,] �[ �� )
C1 IT CLERK
Received & Approves
By The Legal Dopa I'd
1ggS
T
AMENDMENT TO AGREEMENT
This agreement, made and entered into this 9th day of September, 1986,
by and between the City of Iowa City, Iowa, a municipal corporation, herein-
after called the "City" and Holiday Wrecker, a corporation authorized to do
business in the State of Iowa, hereinafter called "Agent," is an amendment to
the agreement made between the parties hereto on September 1, 1985, which
said agreement is hereby amended to increase Rates 8 Charges - Group 1 8
Group 2: Standard Tow, from $30 to $35 per vehicle.
All other provisions of the September 1, 1985, agreement shall remain in
force.
CITY OF IOWA CITY HOLIDAY WRECKER
payor By
i
Attest: ��.�,.� .� .�a Attest: Rik
City Clerk
9 Received a Approvaa
Y The ,(coal pe
paHmcrq
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RESOLUTION NO.86-
RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST AMENDED
AGREEMENT WITH LARRY SVOBODA AUTHORIZING PLACEMENT OF STEPS ON PUBLIC
PROPERTY.
WHEREAS, Larry Svoboda ("Svoboda") owns property at 430 Iowa Avenue in Iowa
City, which he is redeveloping; and
WHEREAS, the Iowa Avenue right-of-way extends approximately 13.5 feet beyond
the public sidewalk; and
WHEREAS, Svoboda has constructed a new building on his property which re-
quires use of the public right-of-way for steps; and
WHEREAS, by Resolution No. 86-149, the City Council authorized use of the
right-of-way for two sets of steps and sidewalks for Svoboda's building; and
it WHEREAS, Svoboda wishes to add two additional sets of steps and sidewalks, so
shows the cPlansyfor the amend
addi�tionalestepsreement randsto idewalk; and
the ri
ght-of-way to
WHEREAS, the City is willing to amend the Agreement allowing such use of the
right-of-way if it is protected 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 Amended 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 ist
2
au horized to sign and the City Clerk to attest the Amended
Agreement attached hereto.
Prior to the issuance of an occupancy certificate for the first floor of
the building at 430 Iowa Avenue, Svoboda shall record the Amended Agree-
ment in the Johnson County Recorder's Office and shall return
file -stamped copies of the Amended Agreement to the City
Building Inspector, Clerk and City
It was moved by Dickson
the Resolution be a op a an u on ro and
P call
seconded by Courtney
there were:
AYES:
NAYS: ABSENT;
x
Ambrisco
X
—X- Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
_
Zuber
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Resolution No. 86-288
Page 2
Passed and approved this 9th day of September
1986.
ATTEST: A
CITY CLERK
ROcQiy,J s
BY The LLga1 ��Wnrltrpr�
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AMENDED AGREEMENT FOR USE OF PUBLIC PROPERTY
This Agreement is made between Larry Svoboda, an individual, hereinafter
referred to as "Svoboda," and the City of Iowa City, Iowa, a municipal corpo-
ration, hereafter referred to as "City."
i
WHEREAS, Svoboda is the owner of certain real estate located at 430 Iowa
Avenue, Iowa City, Iowa, and legally described as follows;
Part of Lots 7 and 8 in Block 45 of Iowa City, Johnson County,
Iowa, according to the recorded plat thereof, described as follows:
Beginning at the southeast corner of Lot 8; thence north along the
east line of Lot 8, 95 feet,; thence west parallel with the south
line of Lot 8, 65 feet; thence south parallel with the east line of
Lot 8, 5 feet; thence west parallel with the south lines of Lots 8
and 7, 35 feet; thence south parallel with the east line of Lot 7,
90 feet to the south line of Lot 7; thence east along the south
line of Lots 7 and 8, 100 feet to the point of beginning.
and
WHEREAS, Svoboda is developing a multi -story building on the above-described
property; and
WHEREAS, Svoboda seeks City approval to raise the elevation of the City
sidewalk in front of his building as shown on the attached drawing prepared
by Builders Components, Inc. (Exhibit "A"); and
/449
�I
AMENDED AGREEMENT FOR USE OF PUBLIC PROPERTY
This Agreement is made between Larry Svoboda, an individual, hereinafter
referred to as "Svoboda," and the City of Iowa City, Iowa, a municipal corpo-
ration, hereafter referred to as "City."
i
WHEREAS, Svoboda is the owner of certain real estate located at 430 Iowa
Avenue, Iowa City, Iowa, and legally described as follows;
Part of Lots 7 and 8 in Block 45 of Iowa City, Johnson County,
Iowa, according to the recorded plat thereof, described as follows:
Beginning at the southeast corner of Lot 8; thence north along the
east line of Lot 8, 95 feet,; thence west parallel with the south
line of Lot 8, 65 feet; thence south parallel with the east line of
Lot 8, 5 feet; thence west parallel with the south lines of Lots 8
and 7, 35 feet; thence south parallel with the east line of Lot 7,
90 feet to the south line of Lot 7; thence east along the south
line of Lots 7 and 8, 100 feet to the point of beginning.
and
WHEREAS, Svoboda is developing a multi -story building on the above-described
property; and
WHEREAS, Svoboda seeks City approval to raise the elevation of the City
sidewalk in front of his building as shown on the attached drawing prepared
by Builders Components, Inc. (Exhibit "A"); and
/449
I
2
WHEREAS, a portion of the stairways to the building will be located on City
property as shown in Exhibits "A" and "B"; and
i
WHEREAS, the City will agree to allow use of its property, but only subject
I
to the terms and conditions stated herein.
I
I.
I
NOW, THEREFORE, in consideration of the mutual promises set forth below, it 1
is agreed as follows:
1
i
I
1. Svoboda shall replace the public sidewalk adjacent to the property at 430
I 1
Iowa Avenue, as shown in Exhibit "A" attached to this Agreement and
according to the City specifications.
IL2. Svoboda shall be allowed to install steps on City property from the
public sidewalk to the building as shown on the attached Exhibits "A" and
"B." Sbovoda 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 commercial 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 lo-
cated should be cleared of obstructions.
3. Sbovoda 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 Svoboda fails to remove the steps after being
/44904
■
3
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. Svoboda agreed to indemnify, defend and hold the City harmless in connec-
tion with any liability whatsoever arising in regard to the installation,
maintenance, use and repair of said steps. Svoboda 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 f such
insurance, and shall furnish a copy of the policy to the City before
installing the steps. Svoboda agrees to thereafter maintain such insur-
ance in force until the steps are removed from the City property, and
failure to maintain such insurance is 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, 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).
5. This Agreement shall constitute a covenant running with the land and
shall be binding upon and shall inure to the benefit of the respective
successors in interest and assigns of both parties.
",(z
I
3
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. Svoboda agreed to indemnify, defend and hold the City harmless in connec-
tion with any liability whatsoever arising in regard to the installation,
maintenance, use and repair of said steps. Svoboda 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 f such
insurance, and shall furnish a copy of the policy to the City before
installing the steps. Svoboda agrees to thereafter maintain such insur-
ance in force until the steps are removed from the City property, and
failure to maintain such insurance is 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, 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).
5. This Agreement shall constitute a covenant running with the land and
shall be binding upon and shall inure to the benefit of the respective
successors in interest and assigns of both parties.
",(z
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4
6. This Amended Agreement for Idemnification and Maintenance of Steps on
Public Property supercedes in its entirety the Agreement for Indemnifi-
cation and Maintenance which is recorded in Book 846, page 120, in the
Johnson County Recorder's Office.
EXECUTED at Iowa City, Iowa, upon the dates as indicated below.
DATED: 9-t a -8L
DATE: September 9 1986
ATTEST:
BY: r;zf.
arry vo o a
CITY OF IOWA CITY, IOWA
STATE OF IOWA
JOHNSON COUNTY ) SS:
On this /Q4_1\ day of ,, ( 19/0 , before me, a
Notary Public— perersonally appeJred Larry 3vo o a, o me known to be the
person named in and who executed the foregoing instrument, and acknowledged
that he executed the same as his voluntary act and deed.
Notary Public in the State of Io a
Noceived 8, Approved
By Thu Lego) Dop nnenl
��y-"
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State of Iowa )
SS:
Johnson County )
On this nth day of September 19 86 before me, the
undersigned, a Notary Public to and for said County, in said State, person-
ally appeared William 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 corporation executing the within and forego-
ing 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 instruc-
tion to be the voluntary act and deed of said municipal corporation, by it
and by them voluntarily executed.
,At V \
Not u tc t� or The State of Iowa
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SECTION It STEPSAN&."MDIN4S_
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BUILDERS COMPONENTS INC
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M Mein Ewev mryary
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IDS Financial Services Inc. Reginald D. Hahn, CLU
422 Iowa Avenue Registered Representative
Iowa City, Iowa 52240 Personal Financial Planner
Bus. (319) 337.5866
September 11, 1986
City Council
City of Iowa City
Civic Center
Iowa City, Iowa 52240
ATTR: City Clerk
This is letter of support for the request submitted to you by
Mr. Larry Svoboda for permission to put in a sidewalk and steps on
the west side of the building Mr. Svoboda recently built on the south-
east corner of the 400 block of Iowa Avenue.
We own the property immediately to the west of Mr. Svoboda's property,
422 Iowa Avenue. To have a sidewalk and steps to get around the side
of his building would give his tennants and their quests good and
immediate access to their building without walking through our yard.
Because we are so close to downtown, foot traffic is a continuing
problem. We would appreciate it very much if Mr. Svoboda was given
permission to construct the steps and sidewalk to reduce the trespassing
an our property as much as possible.
Thank you for considering this request. Please contact us if there
is anything further you need to know from us to facilitate the
implementation of the sidewalk and steps.
Since elY Yours,
Regi 1d 0. Hahn, CLU
' l t&,r Dt Z- %4444V
Catherine W. Hahn, Ph,O.
cc: Larry Svoboda
F 0 L E 0
U SEP 1 11985
MARIAN K. KARR
CITY CLERK (I)
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RESOLUTION NO. 86-289
RESOLUTION AUTHORIZING THE MAYOR TO EX�CUfE AND THE CITY CLERK
TO ATTEST THE LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY,
IOWA, AND MULTI -MENTIONS, A SOLE PROPRIETORSHIP.
WHEREAS, the City of Iowa City, Iowa, has negotiated the attached license
agreement with Multi -Mentions for the use of the access system referred to
as IGIV which is a system designed for use by cable TV customers to inde-
pendently access central data base utilizing a telephone and a computer
software/hardware package provided by Multi -Mentions, and
WHEREAS, the license granted to the City under said proposed agreement is
an experimental installation and, as such, the City will not be required
to pay any license fees, and
WHEREAS, under said proposed agreement, the consideration to be received
by Multi -Mentions consists of the opportunity to install and demonstrate
said system for actual use and to gain experience for future improvements
of the system, and
WHEREAS, under said proposed agreement, the consideration to be received
by the City consists of the expanded utilization of its cable system and
the results of the market analysis and market research information gath-
ered by Multi -Mentions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the Mayor is hereby directed and authorized to execute and the City
Clerk to attest said license agreement between the City of Iowa City,
Iowa, and Multi -Mentions, a sole proprietorship.
It was moved by Cg�u=rtnay and seconded by Dickson the Resolu-
tion be adopted,anan upon there were:
AYES:
NAYS: ABSENT:
X
AMBRISCO
X
BAKER
X
COURTNEY
_X
DICKSON
X
MCDONALD
X
_ STRAIT
X
ZUBER
Passed and approved this gth day of sep mh r , 1986.
1
ATTEST:
11,..... A. .
C
Rswlved a Arrvvrl
By TM ts9d P+M" w
r
el- 9.s
LICENSE AGREEMENT BEIW= THE CITY CF IOWA CITY, IOWA AND
MULTI-MENPIONS
Agreement made September _9 , 1986 between the City of Iowa
City, Iowa, a municipal corporation organized and existing under
the laws of the State of Iowa, having its principal place of
business at 410 E. Washington, Iowa City, Johnson County, Iowa,
52240, herein referred to as Licensee, and Multi -Mentions, a sole
proprietorship organized and existing under the laws of Iowa,
having its principal place of business in Cedar Rapids, Iowa,
herein referred to as Licensor.
RECITALS
1. Licensor is authorized to enter into this agreement for
use of the access system herein after referred to as IGIV. The
system is designed for use by cable T.V. customers to indepen-
dently access a central data base utilizing a telephone and the
computer software/hardware package provided by Licensor.
2. IGIV is a combination of computer software
designed to use specified computer hardware selected by and
incorporated with the software by the developers of the system.
The particular combination of hardware and software, the software
"source code" and the various programs built around the "source
code," were all developed, designed and authored by Drew Shaffer,
J. Fatthew Johnson, Jay Priest, Scott Zimmerman, Jeffrey Kinseth
and Roger Black.
3. Licensee acknowledges that Drew Shaffer has an ownership
interest in the IGIV System; that he is an employee of the City
of Iowa City and that Drew Shaffer receives no direct or indirect
compensation from the City of Iowa City in connection with this
agreement; and that he is not a party to this agreement.
Licensor states that it has ro contract or agreement, direct or
indirect, with Drew Shaffer respecting this agreement with the
City of Iowa City involving the payment of any compensation or
consideration of any kind whatsoever.
4. The Licensed Programs as defined in this agreement are
the sole property of the developers and authors named above. The
Licensee acknowledges that it has no ownership interest in the
Licensed Programs.
I. Definitions.
The following terms are defined for the purpose of this
Agreement as follows;
a. "Ller,;nsrxl Programs" shall mean the rsmluter software
programa collectively known as and incorporated into "IGIV", as
provided to the Licensee, whether in the form of source code or
1
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object code, and whether fixed in printed or machine-readable
media. It shall also include any additional Computer software
programs or program portions provided to the Licensee at a later
date as a supplement to, replacement for, or correction of the
initial IGIV programs, and any works substantially derived from
any of the above, whether by Licensor, Licensee, or any other
person.
b. "Supporting Documentation" shall mean all materials
Provided to the Licensee for purposes of instruction,
demonstration, operation, or maintenance, including video tapes,
audio tapes, and printed manuals.
c. "Designated Eguipment" shall mean a single Commodore
AMIGA Model 1000 with monitor,Comspec Ram Board, keyboard and 3.5
external disc drive computer and associated peripheral devices
operated by the Licensee and located at the Iowa City Civic
Center, 410 E. Washington Street, Iowa City, lows,
d• "Use" means the use of the Licensed programs in
accordance with the provisions of this Agreement, and shall
include copying any portion of the Licensed Programs from storage
units or media into equipment for processing, whether by
mechanical, electronic, or other means, or to other storage media
for archival purposes.
e. "System thhancement" means any modification,
enhancement, improvement, or update of the Licensed Programs,
other than error corrections, together with Supporting
Documentation, furnished to the Licensee.
II. Grant, Acceptance, and Assignment of License.
2.1. Licensor hereby grants to the Licensee during
the term of this Agreement a non-exclusive license to use the
Licensed programs, in machine-readable form only and only
on the Designated Equipment.
2.2. Licensee hereby accepts the non-exclusive license
granted herein and agrees to exercise the license on the terms
WO coalitions set forth in this Agreement.
2.3. Obis Agreement and the license granted hereunder, or
the Licensed Programs to which said license applies, may not be
assigned, sublicensed, or otherwise transferred by Licensee
without the prior written consent of Licensor. Any prohibited
assignment shall be null and void. No right to use, in whole or
in part, the Licensed Programs is granted hereby except as
hereinafter expressly provided.
2.4. Licensee agrees to provide access to cable T.V.
customers on channel 29 for time periods to be determined and
arranged by Licensee pursuant to its programming authority for
said channel 29.
/09s
III. Corrections and 1�nhancements under Maintenance Agreement.
3.1. Me parties hereto agree that the license granted to
the City of Iowa City hereunder is an experimental installation.
As such, the Licensee shall pay m license fees pursuant to this
agreemeent• the parties acknowledge that the consideration
opportunity
Licensor for this agreement consists of the
pportunity to install and demonstrate the system for actual use
and to gain experience for future improvements of the system.
The consideration received by Licensee consists of the expanded
utilization of its cable system and of the results of the market
analysis and market research information gathered by Licensor to
be disclosed to Licensee. Licensor agrees to collect aPPropriate
statistical data to properly evaluate the Licensed pr
to disclose the results of thograms and
e evaluation and the conclusions
drawn therefrom to the Lice
nsee• The Licensee acknowledges that
the collection of statistical data with the resulting evaluation
and preparation of conclusions is aportion of the consideration
that it receives for entering this agreement,
3.2. Licensor agrees, during the term of this Agreement,
to use their beet efforts
and all errors, defects, to correct within reasonable time any
and malfunctions in the Licensed
programs which are brought to Licensor's attention by any means
and to distribute to Licensee any error correction which applies
to the Licensed programs licensed under this Agreement. ,
ng the term Of this
Is not required to,distrib to to Licensee anyLicensor cony, but
which is applicable to the Licensed programs licensed flihancement
Agreement. rmAer this
3.4. My Systsam l},lancement provided by Licensor under the
terga of this section of the agreement to the a Licensed
Program for the purposes of this Agreement. Acceptance is the
Licenses of any syMtwm enhancement from Licensor shall be deemed
conclusive evidence of Licensee's agreement that the system
Erhancoment for the Licensed programs is covered by this Agreement.
IV, Covenants,
The Licensee cuvMllnts diad it wexmvnch of the
Provisions of this sect ton es followillerply with e
�4.1. The Licensee may not I.copy tine Licenee,i 1?olrsme orad
1ne-rearting d gefoFt;tonLicensee whle or in Mrt, to rrtntr:n F,r
reasonably calculated to e . agrees to take "stir
general public lrrm arvvrre pmt tis Pnq>loycee Nal reNtnre of the
Leetgratat the LtcmA^i programs or rile
fquipme#k durinq the term of this avro.".ej IAr"nere
sprees Hurt iu will rnt alba any of its employn+s or nMnty rn r r
the cp neral pu6110 t<� r. t i thr- Lteeniud lTc qr m� t
Part, in printed a nvu-hine readable form• ^ o tor"In or
/O/or
T
4.2. The Licensee agrees that it will not modify or permit
the modification of the Licensed programs without the prior
written consent of Licensor. Licensor's consent to any such
modification may be conditioned upon the Licensee's agreement to
completely remove the Licensed programs from the modified work
upon termination of this Agreement or of the license for the
Licensed programs. Any modified work incorporating, in any way,
the Licensed programs, or any part thereof, shall be used only on
the Designated Equipment, and shall remain subject to all the
terms and conditions of this Agreement.
4.3 Licensee acknowledges that the developers and authors
as named above own the sole and proprietary rights to the
Licensed programs and agrees that the Licensed programs, in whole
or in part, and any copies, including modified or derived works,
in any form, shall bear copyright and reservation -of -rights
notices specified by Licensor or its assignee. Licensee shall
not provide or make available the Licensed Programs, including
modified or derived works, in any form, to any person other than
Licensee's employees, without prior consent from Licensor, except
during the period any such person is on Licensee's premises with
Licensee's permission for the purposes specifically related to
Licensee's use of the Licensed Programs, The Licensee will take
appropriate action by instruction, agreement, or otherwise with
its employees or other persons permitted access to the Licensed
Programs to satisfy its obligations under this agreement with
respect to the use, copying, modification, and protection and
security of the Licensed Programs.
4.4. The Licensee shall maintain records specifically
identifying the Licensed Programs, the Designated Equipment, and
the location as to specific media of printed and machine-readable
copies of the Licensed programs, and make such records available
to Licensor during regular business hours upon reasonable
notice.
V. Warranties.
5.1. Licensor warrants that it has the legal right to
grant Licensee the license as set out above and that such license
does not .infringe any third party's property or personal rights.
5.2. Licensor warrants that there are no pending law suits
concerning any aspect of the Licensed Programs and that the
Licensed Programs have not been published in such a way as to
lose any of their copyright protection. In addition, certain of
the materials provided hereunder as part of or in addition to the
Licensed programs may not yet have been the subject of copyright
Protection and to such extent those materials have been preserved
as trade secrets. Licensor warrants that there are no pending law
suits concerning any aspect of the programs or materials provided
hereunder which are the subject of trade secret protection.
VI. Limitation of Liability.
/#rr
6. 1. ?HE FOREGOING WARRANTIES ARE IN LIEU OF ALL O iIERR
WARRANrIFS, EXPRESS oR IMPLIED, INCLUDING, Bur NOT LIMITED To,
ANY IMPLIED WARRANTIES OF MERCIMABILITY oR FITNESS FOR A
PARTICULAR PURPOSE. LICENSEE ACK WLEDGFS THAT NEITHER LICENSOR
NOR ANY OF THE FIRVEMPERS AND/OR AUTHORS NAMED ABOVE HAVE MADE
ANY M(PRESS WARRANTIES WHICH MQPNSID BEIMM THE FACE MZEOF.
6.2. Licensee agrees that Licensor and the developers
and/or authors mined above shall not be liable for any lost
profits by Licensee or Licensee's suppliers or customers or other
users of the Licensed Programs, or for any claim or demand
against the Licensee by any other party. In no event will
Licensor or the developers and/or authors named above be liable
for consequential damages even if Licensor and/or the developers
and/or authors have been advised of the possibility of such
damages.
6.3. No action, regardless of form, arising out of the
transactions tinder this Agreement, may be brought by either party
more than one year after the cause of action has accrued.
6.4. Licensor and the developers and/or authors named above
accept no liability or responsibility for the content of
information accessable through the use of the Licensed Programs
and the government access channel 29. Those persons or entities
entering information for access via the Licensed Programs and
government access channel 29 are solely responsible for the
content of such information.
VII. Termination.
7.1. Either party shall have the right to terminate this
Agreement in the event that the other party commits a material
breach of its obligations. In addition, either party shall have
the right to terminate this Agreement following the expiration of
thirty (30) days after the transmission of a Notice of Intent to
terminate this agreement.
7.2. Upon termination of this agreement, the Licensee shall
immediately cease use of the Licensed Programs and, within five
(5) days after the termination of the right to use the Licensed
Programs tinder this Agreement, the Licensee shall return to the
Licensor the original and all copies, in whole or in part, in
any form, including partial copies and mWtfications, of the
Licensed Programs, except that upon written approval of Licensor
the Licensee may retain a copy for archival purposes only.
7.3. Notwithstanding the termination of this Agreement, the
obligations and rights of the following sections of this
Agreement shall remain in full forcer subsection 4.3.,
subsection 4.4., Faction VI, and Section VII.
VIII. Miscellaneous provisions,
/V fs
8.1. If any provision of this Agreement is invalid under
i any applicable statute or rule of law, it is, to that extent,
deemed anitted, without affecting the validity of any other term
or condition hereof.
8.2. This Agreement, including all schedules and
attachments made a part hereof, sets forth the entire agreement
of the parties with respect to the subject matter hereof,
superseding all prior communications and agreements, written or
verbal; and no modifications shall be binding unless in writing
and signed by the parties or their duly authorized agents.
8.3. Ibis Agreement shall be governed by and construed
under the laws of the State of Iowa.
8.4. Headings as used throughout this Agreement are for the
convenience of the parties and are not intended to be used to
interpret any term or condition hereof.
8.5. Any communication in connection with this Agreement
Shall be deemed to be delivered if it is in writing (or in the
form of a telegram or telex), addressed as provided below, and if
(a) it is actually delivered at said address or (b) in the case
Of a letter, seven business days shall have elapsed after the
same shall have been deposited in the United States mails,
registered or certified, with postage prepaid.
8.6. Ihis agreement is executed on behalf of the City of
Iowa City, Iowa pursuant to the resolution of the City Council
adopted an the 9th day of September, 1986.
8.7. Communications to Licensor shall be sent to :
Jay Priest, President
Multi-Menticns
P.O. Box 4516
Cedar Papids, Iowa 52401
Communications to Licensee shall be sent to:
City Clerk
410 E. Washington Street
Iom City, Iowa 52240
[7
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In witness whereof, the parties hereto have executed this
Agreement as of the day and year first written above,
i
Multi -Mentions City of Iowa city
I
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Sy:
1e •, Ovner
Wil.tam risR ,Mayor
By: ATTEST:
city er F
Received & Approved
By TIVLOROI, ftmd
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LICENSE AmEEMERT BMWFiN THE CITY OF IOWA CITY, IOWA AND
MULTI-i,=ICNS
Agreement made September , 1986 between the City of Iowa
City, Iowa, a municipal 65i�Eration organized and existing under
the laws of the State of Iowa, having its principal place of
business at 410 E. Washington, Iowa City, Johnson County, Iowa,
52240, herein referred to as Licensee, and Multi -Mentions, a sole
Proprietorship organized and existing under the laws of Iowa,
having its principal place of business in Cedar Rapids, Iowa,
herein referred to as Licensor.
1• censor is authorized to enter into this a reement for
use of the ss system herein after referred to IGIV. The
system is des' for use by cable T.V. customer to indepen-
dently access central data base utilizing a t ephone and the
computer softwar rdware package provided by icensor.
2. IGIV is a
designed to use spec'fi
incorporated with the
The particular canbfna
source code" and the v
code," were all develop
J. Matthew Johnson, Jay
arra Roger Black.
tion of ccmpute�ftware
canputer hardwar selected by and
ware by the de Topers of the system.
of hardware software, the software
ous programs uiIt around the "source
designed authored by Drew Shaffer,
I t, Sco t Zimmerman, Jeffrey Kinseth
3. Licensee acknV"whahtseoever.)'
s t Drew Shaffer has an ownership
interest in the IGIV She is an employee of the City
Of Iowa City and that fe receives nno direct or indirect
compensation from the owa 'ty in connection with this
agreement, and that he part to this agreement.
Licensor states that icontrac or agreement, direct or
indirect, with Drew Shpecting is agreement with the
City of Iowa City invopayment € any compensation or
consideration of any kver. \
4. The Licens Programs as defined in \this agreement are
the sole property the developers and authors named above. The
Licensee acknowled es that it has no ownership i terest in the
Licensed Programs
I. Definitions
The foil 'ng terms are defined for the purpose of 'this
Agreement as follows: \
a• "Licensed Programs" shall mean the computer softward
Programs collectively known as and incorporated into "IGIV", as
Provided to the Licensee, whether in the form of source code ori
1
/ 411pJ
I
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LICENSE AmEEMERT BMWFiN THE CITY OF IOWA CITY, IOWA AND
MULTI-i,=ICNS
Agreement made September , 1986 between the City of Iowa
City, Iowa, a municipal 65i�Eration organized and existing under
the laws of the State of Iowa, having its principal place of
business at 410 E. Washington, Iowa City, Johnson County, Iowa,
52240, herein referred to as Licensee, and Multi -Mentions, a sole
Proprietorship organized and existing under the laws of Iowa,
having its principal place of business in Cedar Rapids, Iowa,
herein referred to as Licensor.
1• censor is authorized to enter into this a reement for
use of the ss system herein after referred to IGIV. The
system is des' for use by cable T.V. customer to indepen-
dently access central data base utilizing a t ephone and the
computer softwar rdware package provided by icensor.
2. IGIV is a
designed to use spec'fi
incorporated with the
The particular canbfna
source code" and the v
code," were all develop
J. Matthew Johnson, Jay
arra Roger Black.
tion of ccmpute�ftware
canputer hardwar selected by and
ware by the de Topers of the system.
of hardware software, the software
ous programs uiIt around the "source
designed authored by Drew Shaffer,
I t, Sco t Zimmerman, Jeffrey Kinseth
3. Licensee acknV"whahtseoever.)'
s t Drew Shaffer has an ownership
interest in the IGIV She is an employee of the City
Of Iowa City and that fe receives nno direct or indirect
compensation from the owa 'ty in connection with this
agreement, and that he part to this agreement.
Licensor states that icontrac or agreement, direct or
indirect, with Drew Shpecting is agreement with the
City of Iowa City invopayment € any compensation or
consideration of any kver. \
4. The Licens Programs as defined in \this agreement are
the sole property the developers and authors named above. The
Licensee acknowled es that it has no ownership i terest in the
Licensed Programs
I. Definitions
The foil 'ng terms are defined for the purpose of 'this
Agreement as follows: \
a• "Licensed Programs" shall mean the computer softward
Programs collectively known as and incorporated into "IGIV", as
Provided to the Licensee, whether in the form of source code ori
1
/ 411pJ
Object code, and whether fixed in printed or machine-readable
media. It shall also include any additional computer software
programs or program portions provided to the Licensee at a later
date as a supplement to, replacement for, or correction of the
initial IGIV programs, and any works substantially derived from
any of the above, whether by Licensor, Licensee, or any other/
person.
b• 11rting Documentation" shall mean all mater' is
provided to Licensee for purposes of instruction,
demonstration, ration, or maintenance, including vi eo tapes,
audio tapes, and rinted manuals.
c. "Designat Equipment" shall mean a single mmcdore
AMIGA Model 1000 wit monitor,thmspec Fam Board, k d and 3.5
external disc drive puter and associated perip ral devices
operated by the Licens a and located at the Iowa ity Civic
Center, 410 E. Ubshirgt Street, Iowa City, Io
d. "Use" means the a of the Licensed ograms in
accordance with the provisi s of this Agr t, and shall
include copying any portion the Licensed ograms from storage
units or media into equipment or processi , whether by
mechanical, electronic, or othe means, o to other storage media
for archival purposes.
e. "System Fhhancement" means an modification,
enhancement, improvement, or update the Licensed programs,
Other than error corrections, togeth with Supporting
Documentation, furnished to the Lice se .
II. Grant, Acceptance, and Assig ent of icense.
2.1. Licensor hereby grant to the Lic see during
the term of this Agreement a no exclusive Ii a to use the
Licensed programs, in machine -r adable form o and only
on the Designated Equipment.
2.2. Licensee hereby ac epts the non-exclust a license
granted herein and agrees
and conditions set forth in
to exercise the license the terms
is Agreement.
2.3. This Agreement
the Licensed programs to
the license granted here der, or
ich
assigned, sublicensed, or
said license applies, ma not be
therwise transferred by Li
without the prior written
assignment shall be
sent of Licensor. Any prohi 'ted
null
in part, the Licensed pr
void. No right to use, in Wh is or
rams is granted hereby except asl
hereinafter expressly pr
ided.
2.4. Licensee agr es to provide access to cable T.V.
customers on channel 29 for the 24 hour periods consisting of
each Saturday, Sunday, esday and Thursday of each week during
the term of this agreement.
In addition, the Licensee agrees to
2
Alts
WI
Provide access to the Licensed Programs via the use of access
cable channel 24 from 10 p.m. to 6 a.m. on Fbndays, Wednesdays
and FYidays during the term of this agreement.
III. Corrections and Enhancements under Maintenance Agrfed
t.
3.1\expe
parties hereto agree that the license gr to
the Citya City hereunder is an experimental ins allation.
As such,censee shall gay no /gaered
nse fees Aur t to this
agreemenparties acknowledgt the consid ation
receivednsor for this agreconsists the
Opportunitystall and demonstthe syst for actual use
and to ge 'enoe for future iements the system.
The conson eceived by Licenonsist of the expanded
utilizatits le system ande r ults of the market
analysisket esearch informa erectbe disclosed to Licen ee. Licensor ladoensor to
es o collect appy priate
statistical data to pr rly evaluae icensed Programs and
to disclose the results of the evaland the conclusions
drawn therefrom to the censee. Tee acknowledges that
the collection of statist caldata the resulting evaluation
and preparation of conclusi ns is aion of the consideration
that it receives for enteri thisment.
3.2. Licensor agrees, d
to use their best efforts to
and all errors, defects, and
Programs which are brought to
and to distribute to Licensee
to the Licensed Programs lice
ie term of this Agreement,
within reasonable time any
ions in the Licensed
is attention by any means,
or correction which applies
er this Agreement.
3.3. During the term f this AgXan Licensor may, but
is not required to, distri to to LicSystem IYihancement
W is applicable to th Licensed Pricensed under this
Agreement.
3.4. Any System cement provicensor under the
terms of this section f the agreementdered a Licensed
Program for the purpo s of this Agreeceptance by the
Licensee of any Syst Ihhancenentfroshall be deemed
conclusive evidence f Licensee's agret the System
Ihhancement for the icensed Programs d this Agreement.
IV. Covenants.
The Licensee covenAnts that it will eQnply with each 'of the
Provisions of thz section as follows:
i4.1. The Ligensee may not copy the Licensed Programs and
Supporting Dob eetttation,in whole or in part, in printed or
reasonably calculated to prevent itssee employees
a take measures
general public from access to the Licensed Prograamsmorrtthhe of the
Designated Equipment during the term of this agreement. Licensee
3
M
agrees that it will not allow any of its employees or members of
the general public to copy the Licensed Programs in whole or in
Part, in printed or machine readable form.
4.2. The Licensee agrees that it will not modify or permit
the modification of the Licensed Programs without the prior
written consent of Licensor. Licensor's consent to any sur
nodifi tion may be conditioned upon the Licensee's agr t to
cmplet y remove the Licensed Programs from
Upon term' tion of this Agreementgor of the licenselfl work
Licensed °grams, Any modified work incothe
the Licens pr rporating, any
y�Y
the Designat Programs, or any part thereof, shall used only on
terms and Equipment, and shall remain subject o all the
'tions of this Agreement,
4.3 L.icens acknowledges that the devel�hhts
rs
as names above the sole and Proprietary and authors
Licensed Pr rams ary r' to the
09 d agrees that the Licens
or do part, and any copies, incltxdi Programs, in whole
in any form, shall ar ng modif'ed or derived works,
notices specified oo�ight and res ation-of-rights
not provide or li censor or its ass' nee. Licensee shall
modified or derived wor lable the Li Programs, including
Licensee's enol° in any form to anY person other than
duri the YeesY wit ut prior nsent from Li
Licensee's period an such r
permission for
Licensee's use of the Licens
appropriate action by instruct
its employees or other persons
Programs to satisfy fts oblige
respect to the use, copying, my
security of the Licensed Prost;
4.4, 4he Licensee
identifying the License]
the location as to speci
copies of the Licensed p
to Licensor during regu
notice.
V. Warranties.
censor, except
on Licensee's premises with
.es specifically relate] to
Is. The Licensee will take
greement, or otherwise with
tted access to the Licensed
under this agreement with
ation, and protection and
�o.u�nin ecords specifically
grams, the signated Fquipment, and
media of prin ed and machine-readable
ams, and make Xuch records available
usiness }ours n reasonable
5.1. Licensor rrants that it has the 1
d�0e8tnotceirnifei the
'cense as set out above and t tisuchht tlicense
y third party's property or ped nal rights.
5.2. Licensor warrants that there are ra
concerning any asps t of the Licensed programs and thatlthesuits
Licensed programa ve not been
lose any is their copyright protepthction. Inlished nsuch a addition,certain of
as to
the materials provided hereunder as part of or in addition to the
Licensed Programs may not yet have been the subject of copyright
protection and to such extent those materials have been preserved
as trade secrets. Licensor warrants that there are no pending law
4
/4f 9S
1
.i
suits concerning any aspect of the programs or materials provided
hereunder which are the subject, of trade secret protection.
VI. Limitation of Liability.
6.1. THE FOREODING % A IES ARE IN LIEU OF ALL
WARWINPIES, EXPRESS OR MpIaE) )NCTLDM,, gUr NOT TED To,
�I�RED W MANPIES OF MEfSiIF�TlABILITY OR F FOR A
NOR ANY OF �LI@ISEE ACEQiOWiEDGFS THAT NE LICENSOR
ANY ECPRESS PERS AND/OR AUTHORS NAMED HAVE MACE
IES MUCH EXTEID REYOWO THE F HEREJJF'.
6.2. Licensee reel
and/or authors name e
Profits by Licensee or 'c
users of the Licensed Pr
against the Licensee by
Licensor or the developers
for consequential damages
and/or authors have been a
damages.
that Licensor and t e developers
shall not be liable for any lost
nsee's suppliersor customers or other
ams, or for any claim or demand
other party. n no event will
/or au_. r named above be liable
if Licen rand/or the developers
vi ed of th possibility of such
6.3. No action, regardless of/farm, arising out of the
transactions under this Agreement, may be brought by either party
more than one year after the taus faction has accrued.
6.4. Licensor and the
accept no liability or resp
information accessable throe
and the government access ci
entering information for ac,
government access channel 2!
content of such information,
VII. Termination.
iev oiler and/or authors named above
s' ility or the content of
i the use f the Licensed Programs
29-
ss
the L sensor Programsandies
are solely re nsible for the
7.1. Either party 1 have the right to terminate this
Agreement in the event t the other petty came is a material
breach of its obligati s. In addition, either ty shall have
the right to terminate is Agreement following th expiration of
thirty (30) days after the transmission of a Notice of Intent to
terminate this agrees t.
7.2. Upon termin tion of this agreement, the Licensee shall
immediately cease use f the License] Programs and, within five
(5) days after the to ination of the right to use the Licensed
Programs under this A3 eement, the Licensee shall return to the
Licensor the original all copies, in whole or in
any form, including Partial cop Part, in
pies and modifications, of the
Licensed Programs, except that upon written approval of Licensor
the Licensee nay retain a copy for archival purposes only.
7.3. Notwithstanding the termination of this Agreement, the
obligations and rights of the following sections of this
61
/�f9.s
id
Agreement shall remain in full force: subsection 4.3.,
subsection 4.4., Section VI, and Section VII.
VIII. Miscellaneous Provisions.
8.1. If any provision of this Agreement i invalid under
any applicable statute or rule of law, it is, o that extent,
deemed anitted, without affecting the validi y of any other tens
or co ition hereof.
8.2. Ibis Agreement, including all chedules and
attachment made a part hereof, sets fo the entire agreement
of the part s with respect to the subject matter hereof,
superseding 1 prior ommnmications agreements, written or
verbal, and no modifications shall binding unless in writing
and signed by a parties or their my authorized agents.
8.3. This eement shall governed by and construed
under the laws of a State of I
8.4. Headings used ughout this Agreement are f th
convenience of the pa
interpret any term or
8.5. Any commn
shall be deemed to be
form of a telegram or
(a) it is actually de:
of a letter, seven bu
same shall have been m
registered or certifime,
8.6. This agree
Iowa City, Iowa purs
adopted on the mm
8.7. Onmmi rJi
r 'es are not intended to be used to e
iti n hereof.
icati in connection with this Agreement
deli ed if it is in writing (or in the
tel ), dressed as provided below, and if
Liv ed at aid address or (b) in the case
,in ss days hall have elapsed after the
3e sited in a United States mails,
0 with posts prepaid.
t is executed behalf of the City of
t to the resoluti of the City Council
day of September, 1 6.
ons to Licensor shall\be sent to :
P.O. Ibx 4516
Cedar Papids, Iowa 52401
COmimnicati s to Licensee shall be sent to,
City Clerk '
410 E. Washington Street
Iowa City, Iowa 52240
0
/V- fs
W
I
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11
RESOLUTION NO. 86-29G
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY DISTRI-
BUTION DTOSERV CE AETW ENAGREEMENT
THE FOR
CITYELECTRICAL
IOWAGECITY,IOIOST
ATTEST IOWA, AND
IOWA -ILLINOIS GAS 6 ELECTRIC COMPANY IN CONNECTION WITH A CITY PRO-
JECT TO ESTABLISH A HYDRO -ELECTRIC GENERATION PLANT AT THE CORALVILLE
MILLDAM SITE ON THE IOWA RIVER.
WHEREAS, the City of Iowa City has undertaken to study the feasibility of
constructing a hydro -electric generation plant at the Coralville milldam site
on the Iowa River in order to provide electrical energy for use at the City's
water treatment plant; and
WHEREAS, the City's electric franchise with Iowa -Illinois Gas 8 Electric
Company, ordinance No. 86- 3296 , provides at Section 14 thereof that the
Company shall, if requeste3Ty-Fie City, enter into an agreement to either
purchase or wheel electric energy produced at such a generating facility to
other City facilities; and
WHEREAS, the City and the Company have negotiated such an agreement, in the
form of the "Agreement for Electrical Generation, Distribution and Service,"
attached hereto and made a part hereof; and
WHEREAS, said Agreement by its terms is to become effective upon approval of
the above -referenced franchise ordinance by the City Council and voters of
the City of Iowa City, and will run concurrently with the term of said fran-
chise; and
WHEREAS, this City Council has been advised and does believe that it would be
in the best interest of the City of Iowa City, Iowa, to execute said Agree-
ment with Iowa -Illinois Gas 6 Electric Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the "Agreement for Electrical Generation, Distribution and Service," a copy
of which is attached hereto and made a part hereof, is hereby approved as to
form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby author-
ized and directed to execute and attest, respectively, said Agreement for and
on behalf of the City of Iowa City, Iowa.
It was moved by Zuber and seconded by hk:Donald
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber 8 Approveo
C���� Goprlm nt
-I
Resolution No. 86-290
Page 2
Passed and approved this 9th day of September 1986.
ATTEST: A 7Y4AAJ
W IT CLERK
/$0 d
i
I
-f
Resolution No. 86-290
Page 2
Passed and approved this 9th day of September 1986.
ATTEST: A 7Y4AAJ
W IT CLERK
/$0 d
i
AGREEMENT FOR ELECTRICAL GENERATION,
DISTRIBUTION AND SERVICE
This Agreement made this. Y of September 1986, by and
between the City of Iowa City, Iowa (City), a municipal corporation, and
Iowa -Illinois Gas and Electric Company (Company), an Illinois corporation;
PART I GENERAL
i A. City will construct and operate an improvement to the City Water Treat-
ment Facility, being a Hydro -electric generation facility (Hydro -electric
i
Plant) in conjunction with the existing Coralville Milldam on the Iowa
River. The Hydro -electric Plant will produce electricity for the primary
purpose of furnishing the power necessary to operate the City's Water
Treatment Facility.
B. The Company shall provide interval recording metering equipment to deter-
mine the output of the City's Hydro -electric Plant, said equipment to be
the property of the Company. The City shall pay a monthly excess facili-
ties charge for such metering based on Company's investment in such
metering as set forth in Part II of this Agreement. The City shall pay
Company for any electricity used in excess of that generated by the
City's Hydro -electric Plant based on said interval recording metering and
existing metering at the City's Water Treatment Facility.
C. While it is anticipated that the use of electricity by the City's Water
Treatment Facility will always exceed the output of the Hydro -electric
Plant, the City will not limit production of electricity to agree with
consumption.
D. Company will continue to serve City's Water Treatment Facility and any
requirements of the Hydro -electric Plant under its filed tariffs for all
electricity used in excess of that produced by the Hydro -electric Plant.
2
E. City shall submit electrical plans and specifications of the Hydroelec-
tric Plant to Company for review, comments, and recommendations. City's
generating facilities will have electrical qualities compatible with the
Company's electrical system and City will make any future corrections
required to maintain compatibility.
F. City and Company will enter into an Operating Agreement to assure optimum
utilization of facilities of both parties. Upon execution, such Operat-
ing Agreement shall be incorporated by reference and made a part of this
Agreement.
i
G. Terms and conditions of this Agreement shall be subject to the Rules and
Regulations of the Utilities Division of the Iowa Department of Commerce,
or such regulatory authorities having jurisdiction and the approved filed
tariffs of the Company.
H. The terms and conditions of this Agreement may be modified by letter of
agreement.
I. Any provision found to be invalid shall not invalidate the entire agree-
ment or release either party from its obligations under this Agreement.
PART II GENERATION CREDITS AND DELIVERY CHARGES
A. Company will deduct from the City Water Treatment Facility billings a
credit for the electric output of the Hydro -electric Plant, as measured
by interval recording metering. The amount of the credit per Kwh for
energy generated by the Hydro -electric Plant will be determined as the
average price per Kwh, including energy adjustment clause charges, but
excluding excess facilities charges, taxes, and other charges not di-
rectly related to demand and energy uses, paid by the City for the Water
Treatment Facility retail electric uses during the same time period, as
adjusted for minimum load factor. This average price will be adjusted to
reflect a minimum of a sixty percent monthly load factor if the load
3
factor at the Water Treatment Facility for billing purposes is less than
sixty percent. Such credit shall not exceed the amount paid by City,
during the same time period, for electric use at the Water Treatment
Facility.
B. City will pay a delivery charge to Company for the delivery of electric
generated demand and energy thru the Company's system to the City's Water
Treatment Facility. This charge shall be based on the maximum monthly
amount of generated demand output of the Hydro -electric Plant, as meas-
ured on`a 30 -minute interval basis using interval recording metering. The
j monthly delivery charge rate shall be $2.77 per kilowatt of maximum
generated demand per month, initially, and shall change as appropriate
subject to approval of regulatory commissions having jurisdiction.
C. City will pay to Company excess facilities charges for any excess facili-
ties required to connect the City's Hydro -electric generating facility to
t
the Company's electric distribution system in excess of that permitted
under the Company's Rules and Regulations. These charges shall be a
monthly charge of 2% of the Company's investment in such facilities,
including, but not limited to, interval recording metering.
PART III PROTECTION OF THE PARTIES
A. Company will endeavor to supply, but does not guarantee, uninterrupted
service of generally acceptable standards in the industry. Interruptions
of service for scheduled and forced outages, repairs and maintenance,
interruption of purchased power, and force majeure; conditions on a
customer's premises dangerous to persons, property or service to the City
or others; and regulatory requirements, shall not be a breach of Company
on its part of the Agreement.
B. For the equipment and use of electricity on the City's side of the point
of connection with Company's distribution system, the City shall defend,
hold harmless, and indemnify Company, its officers, agents and employees
against any loss, damage, expense and liability resulting from property
damage, injury or death of any person or persons including but not lim-
ASO d
4
I
ited to employees of Company or City, or damage to property of Company or
City, resulting from or arising out of or in any way connected with the
installation, inspection, maintenance, testing and use of the City's
generator, except for claims caused by the Company or the percentage of
comparative negligence and fault of the Company. The Company has the
right to participate in its own defense at its own expense.
C. For the equipment, distribution and use of electricity on the Company's
side of the point of connection with Company's distribution system, the
Company shall defend, hold harmless, and indemnify City, its officials,
i agents, and employees against any loss, damage, expense and liability
resulting from property damage, injury, or death of any person or per-
sons ,
er-
sons, including but not limited to employees of the City or Company
resulting from or arising out of or in any way connected with the instal-
lation, inspection, testing and use of any generation facility, sub-
station, transmission system or any other system or device owned or
i
operated by the Company, except for claims caused by the City or the
percentage of comparative negligence and fault of the City. The City has
the right to participate in its own defense at the expense of the City.
D. Nothing contained herein shall be construed as affecting in any way the
right of the Company to make unilateral application to the Utilities
Division of the Iowa Department of Commerce or any successor agency for
changes in rates, rules and regulations under Chapter 476, Code of Iowa,
1985 and pursuant to the Division's Rules and Regulations promulgated
thereunder.
E. This Agreement shall be subject to all rules and regulations of regula-
tory authorities having jurisdiction as they may be changed from time to
time.
Sod
T
E
F. Company is granted the right to install, repair, maintain, and inspect
supplemental metering equipment, at its expense, in order to gather data
about this system. Such data may be used in proceedings before the
Utilities Division of the Iowa Department of Commerce and other appropri-
ate authorities. All data will be made available to the City upon re-
quest.
G. Company will not interconnect with the City's facility prior to review of
the facility's equipment to ensure appropriate safety equipment has been
installed to protect both Company's distribution system and the City
facility from abnormalities or component failures that may occur within
either the City facility or Company's distribution system.
PART IV TERM OF AGREEMENT
A. It is understood and agreed by both parties that the Company's obliga-
tions under this Agreement are expressly conditioned upon the granting of
a franchise for the furnishing of electric service in the City of Iowa
City. This Agreement shall be for an initial term of fifteen years, and
shall commence upon the effective date of the Company's electric fran-
chise with the City of Iowa City (Ordinance No. 86-3296). If, within one
year prior to the expiration of said franchise, the voters and City
Council of the City grant to the Company, and the Company accepts, an.
electric franchise for an additional term of years, then in that event
this Agreement shall be renewed and shall continue in effect for the term
of said additional franchise, or for an additional term of ten years,
whichever is less. Thereafter, this Agreement shall continue in effect
from year to year unless terminated by either party upon six months
notice in writing. In the event the Company no longer furnishes electric
service in the City of Iowa City, then it is mutually agreed that either
of the parties may terminate this Agreement.
S00
I
T
A
B. It is also understood and agreed by both parties that the City's obliga-
tions under this Agreement are expressly conditioned upon the construc-
tion and operation of the Hydro -electric Plant by the City. Should the
Plant not be constructed and placed in operation for any reason, then it
is mutually agreed that this Agreement is null and void.
C. This Agreement may be terminated at any time by mutual agreement of the
parties.
IN WITNESS WHEREOF, the ,parties hereto have caused this Agreement to be
signed in duplicate by their duly constituted and authorized officers and
their respective corporate seals thereto affixed on this 9th day of
ember , 1986.
CITY OF IOWA CITY IOWA -ILLINOIS GAS
AND ELECTRIC COMPANY
` By: r�
Mayor President
ATTEST:
ATTEST:
City Clerk S oretary
C1� o kye� novel
I sea
-I
AGREEMENT FOR ELECTRICAL GENERATION,
DISTRIBUTION AND SERVICE
This Agreement made this day of , 1986, by and
between the City of Iowa City, Iowa (City), a municipal corporation, and
Iowa -Illinois Gas and Electric Company (Company), an Illinois corporation:
PART
t�.
I GENERAL
A.
ity will construct and operate an improv ment to the City Water Treat -
men Facility, being a Hydro -electric g neration facility (Hydro -electric
Plant) in conjunction with the exis ing Coralville Milldam on the Iowa
River. a Hydro -electric Plant w' 1 produce electricity for the primary
purpose of urnishing the power necessary to operate the City's Water
Treatment Fac ity.
B.
The Company shall rovide Interval recording metering equipment to deter-
mine the outputof t e ity's Hydro -electric Plant, said equipment to be
i
the property of the C any. The City shall pay a monthly excess facili-
ties charge for s h m ering based on Company's investment in such
metering as set f rth in P t II of this Agreement. The City shall pay
Company for any electricity sed in excess of that generated by the
City's Hydro -e1 ctric Plant base on said interval recording metering and
existing mete ing at the City's We r Treatment Facility.
C.
i
While it is anticipated that the use o electricity by the City's Water
Ijl
Treatment acility will always exceed the output of the Hydro -electric
1
Plant, th City will not limit production of\@l\ectricity to agree with
consumpti n. \
I D.
Company will continue to serve City's Water Treatment Facility and any
requirements of the Hydro -electric Plant under its filed tariffs for all
electricity used in excess of that produced by the Hydro -electric Plant.
1S766
z
E. City shall submit electrical plans and specifications of the Hydroelec-
tric Plant to company for review, comments, and recommendations. City's
generating facilities will have electrical qualities compatible with the
Company's electrical system and City will make any future corrections
required to maintain compatibility.
F. Ci and Company will enter into an Operating reement to assure optimum
utiliz ion of facilities of both parties, pon execution, such Operat-
ing Agreem t shall be incorporated by ref rence and made a part of this
Agreement.
G. Terms and conditions f this
Regulations of the Iowa Ste
authorities having jurisdi
Company.
; shall be subject to the Rules and
ce Commission, or such regulatory
the approved filed tariffs of the
H. The terms and conditions of th s A eement may be modified by letter of
agreement.
I. Any provision found to be in olid shall not invalidate the entire agree-
ment or release either party from its obligati qs under this Agreement.
PART II GENERATION CREDITS ANq DELIVERY CHARGES
A. Company will deduct froLHydro-electric
ity Water Treatmen)ecredit
acility billings a
credit for the electricof the Hydro-electPlant, as measured
by interval recording m The amount of t per Kwh for
energy generated by the Plat Will be determined as the
average price per Kwh, g energy "adjustment clause charges, but
excluding excess facilirges; taxes, and other charges not di-
rectly related to demand/gy uses, paid by the City for the Water
Treatment Facility retail electric uses during the same time period, as
adjusted for minimum load factor. This average price will be adjusted to
reflect a minimum of a sixty percent monthly load factor if the load
/Soo
3
factor at the Water Treatment Facility for billing purposes is less than
sixty percent. Such credit shall not exceed the amount paid by City,
during the same time period, for electric use at the Water Treatment
Facility.
B. City will pay a delivery charge to Compa'ea
the delivery of electric
generated demand and energy thru the Compstem to the City's Water
Treatment Facility. This charge shall ba on the maximum monthly
amo\deman
ted demand output of theelectric Plant, as meas-
urete interval basis using nterval recording metering. The
moncharge rate shall b $2.77 per kilowatt of maximum
genper month, initiall , and shall change as appropriate
subva of regulatory cc�issions having jurisdiction.
C. City will pay to Compan excess f cilities charges for any excess facili-
ties required to connect t e Ci 's Hydro -electric generating facility to
the Company's electric dist i ution system in excess of that permitted
I
under the Company's Rules a Regulations. These charges shall be a
monthly charge of 2% of t Co any's investment in such facilities,
I
including, but not limited o, inter 1 recording metering.
PART III PROTECTION OF THE
A. Company will endeavor
service of generally e
of service for sched
interruption of purcl
customer's premises d'
or others; and regu1
on its part of the A i
supply, but does no guarantee, uninterrupted
table standards in the industry. Interruptions
and forced outages, r pairs and maintenance,
power,and force majeure; conditions on a
ous to persons, propert, or service to the City
requirements, shall not be a breach of Company
B. For the equipment an use of electricity on the City's side of the point
of connection with C pany's distribution system, the City shall defend,
hold harmless, and indemnify Company, its officers, agents and employees
against any loss, damage, expense and liability resulting from property
damage, injury or death of any person or persons including but not lim-
/Soo
I
4
ited to employees of Company or City, or damage to property of Company or
City, resulting from or arising out of or in any way connected with the
installation, inspection, maintenance, testing and use of the City's
generator, except for claims caused by the Company or the percentage of
comparative negligence and fault of the Company. The Company has the
right to participate in its own defense at its own expense. ,.
C.
For the a ipment, distribution and use of ectricity on the Company's
I
side of the oint of connection with Comp ny's distribution system, the
Company shall fend, hold harmless, an indemnify City, its officials,
agents, and empl ees against any to s, damage, expense and liability
resulting from prop rty damage, inj y, or death of any person or per-
sons, including but of limited o employees of the City or Company
resulting from or arisin out of r in any way connected with the instal-
lation, inspection, testi an use of any generation facility, sub-
I istation, transmission system or any other system or device owned or
operated by the Company, ex ep for claims caused by the City or the
percentage of comparative n gligenc and fault of the City. The City has -
the right to participate i its own d ense at the expense of the City. i
D.
Nothing contained herei shall be constru as affecting in any way the
right of the Company o make unilateral ap lication to the Iowa State
Commerce Commission o any successor agency f changes in rates, rules
and regulations unde Chapter 476, Code of Iowa, 1985 and pursuant to the
Commission's Rules nd Regulations promulgated the eunder.
I.
E.
This Agreement sh 1 be subject to all rules and regulations of regula-
tory authorities aving jurisdiction as they may be changed from time to
time.
F.
Company is granted the right to install, repair, maintain, and inspect
supplemental metering equipment, at its expense, in order to gather data
about this system. Such data may be used in proceedings before the Iowa
State Commerce Commission and other appropriate authorities. All data
f
I�
will be made available to the City upon request.
E_
5
G. Company will not interconnect with the City's facility prior to review of
the facility's equipment to ensure appropriate safety equipment has been
installed to protect both Company's distribution system and the City
facility from abnormalities or component failures that may occur within
either the City facility or Company's distribution system.
PART IV TERM OF AGREEMENT
A. It is under ood and agreed by both partes that the Company's obliga-
tions under thi Agreement are expressly conditioned upon the granting of
a franchise for th furnishing of el ctric service in the City of Iowa
City. This Agreement hall be for initial term of fifteen years, and
shall commence upon the ffective date of the Company's electric fran-
chise with the City of Iowa ity Ordinance No. 86-_). If, within one
I
year prior to the expiration f said franchise, the voters and City
Council of the City grant to th Company, and the Company accepts, an
electric franchise for an ad itiona term of years, then in that event
this Agreement shall be ren ed and sha continue in effect for the term
of said additional franch'se, or for an dditional term of ten years,
whichever is less. Ther after, this Agreeme t shall continue in effect
from year to year unle s terminated by eithe party upon six months
notice in writing. In he event the Company no ton er furnishes electric
service in the City of Iowa City, then it is mutually' agreed that either
of the parties may to minate this Agreement.
i B. It is also understoo and agreed by both parties that the City's obliga-
tions under this A reement are expressly conditioned upon the construc-
tion and operation of the Hydro -electric Plant by the City. Should the
Plant not be const ucted and placed in operation for any reason, then it
is mutually agreed that this Agreement is null and void.
C. This Agreement may be terminated at any time by mutual agreement of the
parties.
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6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed in duplicate by their duly constituted and authorized officers and
their respective corporate seals thereto affixed on this day of
1986.
BY:
Mayor
ATTEST:
City Clerk
CITY OF IOWA CITY
ILLINOIS GAS 8 ELECTRIC COMPANY
By:
ATTEST:
/rod
n'S
RESOLUTION NO. 86-291
RESOLUTION CALLING A SPECIAL ELECTION ON PROPOSITIONS TO GRANT GAS
AND ELECTRIC FRANCHISES TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY.
WHEREAS, Iowa -Illinois Gas and Electric Company did, on the 25th day of June,
1986, present to the City Council of the City of Iowa City, Iowa, proposed
ordinances granting it gas and electric franchises in Iowa City for a period
of fifteen years, and did petition the City Council to pass and approve said
ordinances; and
WHEREAS, the said franchise ordinances, entitled:
AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS
SUCCESSORS AND ASSIGNS,THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT,
ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, IOWA, A GAS
PLANT OR PLANTS FOR A PERIOD OF FIFTEEN YEARS AND TO FURNISH AND SELL
GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSE-
WHERE
and an ordinance entitled:
AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE,
CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY,
IOWA, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF FIFTEEN
YEARS AND TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS
INHABITANTS
designated respectively as Ordinance Nos. 86-3296 and 86-3297
of the City of Iowa City, Iowa, were duly passed by the City ounc o e
City of Iowa City, Iowa, at the regular meeting of said City Council held on
the 9th day of September , 1986; and
WHEREAS, pursuant to Section 364.2 of the Code, said franchise ordinances
will not become effective unless approved at an election; and
WHEREAS, the said franchise ordinances submitted by Iowa -Illinois Gas and
Electric Company provide that they shall not become effective or binding
until they shall have been submitted to and approved by a majority of the
electors of the City of Iowa City, Iowa, voting at the next general or mu-
nicipal election or at a special election called for that purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
Section 1. That a special election is hereby called to be held in the City
of Iowa City, Iowa, on the 4th day of November, 1986, from 7:00 a.m. in the
morning until 8:00 p.m. o'clock in the evening for the purpose of submitting
to the qualified voters of said City, to be by them voted upon, proposals for
the granting of gas and electric franchises to Iowa -Illinois Gas and Electric
Company and its successors and assigns, which proposals shall be submitted to
the qualified electors in question form as follows:
So/
Resolution No. 86-291
Page 2
Shall the following public measure be adopted? _ Yes — No
i
Shall the City of Iowa City, Iowa, grant to Iowa -Illinois Gas and
Electric Company a non-exclusive gas franchise in Iowa City for a
period of fifteen years in the form of the ordinance as posted on the
voting booth?
Shall the following public measure be adopted? _ Yes No
Shall the City of Iowa City, Iowa, grant to Iowa -Illinois Gas and
Electric Company a non-exclusive electric franchise in Iowa City for
a period of fifteen years in the form of the ordinance as posted on
the voting booth?
Section
on and the hors
the polls shall tbehope ed nandlclosed shallsberasaset id eout t�in the Noticeuof
Election, said Notice to be prepared and approved by the County Commissioner
of Elections.
Section 3. That the form of ballot to be used at said election shall be -of
the type authorized by the Code of Iowa that will permit the use of elec-
tronic counters and will be in substantially the form set forth in the Notice
of Election. That, if more than one public measure shall be submitted to the
electors at the time of the said election, all such measures shall be printed
upon one ballot.
Section 4. That the Election Board for the voting precinct or precincts
shall be
ess than 15
days before pthe date ofhsaiduelection,saicertifiedlc copy of'whichnotlappointment
shall be officially placed on file in the office of the Clerk of said City.
Section 5. That the Auditor of Johnson County, Iowa, being the County Com-
missioner of Elections, is hereby directed to publish the notice of election
once in the Iowa City Press -Citizen, being a legal newspaper, printed wholly
in the published niinssaid Cityeand as
of general circulationSection ltherein,he Ce of aidodpublicatioIowa,
to be not less than four days nor more than twenty days prior to the date of
said election.
Section 6. That the County Commissioner of Elections shall cause to be
e prepared all such ballots, election registers and other supplies as may be
necessary for the proper and legal conduct of said election. The Clerk is
hereby authorized and directed to cooperate with said Commissioner of Elec-
tions and to do and prepare all necessary matters in order to make said
! election legal and valid.
Section 7. That the Clerk is hereby directed to file a certified copy of
this resolution in the office of the County Commissioner of Elections, which
filing shall also constitute the "written notice" to the County Commissioner
of Elections of the election date required to be given by the governing body
under the provisions of Chapter 47 of the Code of Iowa.
6 ived & Ap raven
,,"0 Lepel D arhnenj
196t
WA
Resolution No. 86-291
Page 3
It was moved by McDonald and seconded b
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
X Ambrisco
Baker
XCourtney
X Dickson
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