HomeMy WebLinkAbout1985-01-15 Resolution1
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Dickson
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Erdahl
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Zuber
RESOLUTION NO. 85'7
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Hawkeye Amusement at 1714 South Gilhert
in Iowa City, Iowa, has surrendered cigarette permit No. 85-71 , expiring
June 30 , 19 Raj_, and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. Rq_71 , issued to Hawkeye Amusement (Godfather's Pizza)
be cancelled, and
BE IT FURTRER RESOLVED that the Mayor and City Clerk be and they are hereby
authorised and directed to draw a warrant on the General Fund in the amount of
$ 75.00 , payable. to Hawkeye Amusement
as a refund on cigarette permit No. 85-71 ,
It was moved by Strait and seconded by Dickson that
the Resolution as read be adopted, and upon roll call there were:
ASL'. Am An=
Ambrisco
X
Raker
_X
Dickson
X
Erdahl
X
McDonald
X
Strait
X
Zuber
X
Passed and approved this 15th. day ofJanuary, 19 85
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y7r
Attest:iny
53
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RESOLUTION NO. RS -R
RESOLUTION TO REFUND CI AR–E-7-0-2-101L.
WHEREAS, Gabe's at 4'0 PIqt IJ <hiUgjQa __
in love City, Iowa, has surrendered cigarette permit No. 85-55 , expiring
June 30th. 19 85 and request• a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 85-55 , issued to rghn
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clark be and they are hereby
authorised and directed to drw a warrant on the General Fund in the amount of
$ 75.00 , payable- to Charles
as a refund on cigarette permit No. R5-5 -
It was moved by
Strait and seconded by Dickson that
the Resolution as read be adopted, and upon roll call there were:
A= Nam ABSENT;
Ambrisco X
Baker.
Dickson X
Erdahl
McDonald X
Strait X
Zuber
Passed and approved this 15th. day of January 1985
yor
Attest: %7n.•. , U--)Z--2L ' - —
'5�
RESOLUTION NO. qS_q
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit or liquor control license,
to wit:
Crow's Nest Inc., dba Crow's Nest, 313 South Dubuque
It was moved by Strait and seconded by Dickson
that the Resolution as readbeada opted, and upon rol ca t ere
were:
AYES: NAYS: ABSENT:
Ambrisco X
Baker 1
Dickson _x
Erdahl It
McDonald X
Strait _ y
Zuber x_
Passed and approved this 15th. day of January ,
19 85 .
Attest: 4;.11) e
City Clerk
1 �c
or
S5
RESOLUTION NO. w5-11
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY TO DEVELOP AND
IMPLEMENT A HOUSING MODIFICATIONS PROGRAM FOR THE FRAIL ELDERLY.
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant funds from the U.S. Department of Housing and Urban Develop-
ment under Title I of the Housing and Community Development Act of 1974,
as amended; and
WHEREAS, the City of Iowa City wishes to assist lower income frail elderly
residents of Iowa City with minor structural repairs and modifications to
their homes in order to enhance their ability to remain independent and
stay in their homes; and
WHEREAS, the City of Iowa City wishes to contract with the Elderly
Services Agency, an Iowa not-for-profit corporation, to develop and
implement a Housing Modifications Program for the Frail Elderly.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to
attest the attached agreement with the Elderly Services Agency to develop
and implement a Housing Modifications Program for the Frail Elderly.
It was moved by Zuber and seconded by Ambrisco
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
x—
x
_X _
x_
Passed and approved this 15th.
ATTEST:
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
of January 1985.
pocelved c1+ Approved
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RESOLUTION NO. w5-11
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AGREEMENT WITH THE ELDERLY SERVICES AGENCY TO DEVELOP AND
IMPLEMENT A HOUSING MODIFICATIONS PROGRAM FOR THE FRAIL ELDERLY.
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant funds from the U.S. Department of Housing and Urban Develop-
ment under Title I of the Housing and Community Development Act of 1974,
as amended; and
WHEREAS, the City of Iowa City wishes to assist lower income frail elderly
residents of Iowa City with minor structural repairs and modifications to
their homes in order to enhance their ability to remain independent and
stay in their homes; and
WHEREAS, the City of Iowa City wishes to contract with the Elderly
Services Agency, an Iowa not-for-profit corporation, to develop and
implement a Housing Modifications Program for the Frail Elderly.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to
attest the attached agreement with the Elderly Services Agency to develop
and implement a Housing Modifications Program for the Frail Elderly.
It was moved by Zuber and seconded by Ambrisco
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
x—
x
_X _
x_
Passed and approved this 15th.
ATTEST:
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
of January 1985.
pocelved c1+ Approved
nyF
al pepnrm�cnt
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CO
AGREEMENT BETWEEN THE CITY OF I014A CITY AND THE ELDERLY SERVICES
AGENCY FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK. GRANT FUNDS
FOR A HOUSING MODIFICATIONS PROGRA14 FOR THE FRAIL ELDERLY
THIS AGREEMENT entered into on this 15th day of iwnuaiy
1985, by and between the City of Iowa City, a municipal corporation (herein
referred to as the "City"), and the Elderly Services Agency, an Iowa not-for-
profit corporation (herein referred to as"ESA").
WHEREAS, the City is the recipient of Community Development Block Grant
(herein referred to as "CDBG") funds, granted by the United States Department
of Housing and Urban Development (herein referred to as "HUD"), under Title I
of the Housing and Community Development Act of 1974, as amended (Public Law
93-383); and
WHEREAS, the City wishes to assist lower income frail elderly residents of
Iowa City with minor structural repairs and modifications to their homes in
order to enhance their ability to remain independent and stay in their homes.
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF
THIS AGREEMENT:
I. Purpose and Scope of Services:
A. The ESR agrees to assist lower income frail elderly residents of Iowa
City with the necessary minor structural repairs and modifications to
their homes that will allow them to remain in their homes.
B. The ESA agrees to develop and implement a Housing Modifications
Program for the frail elderly that is substantially consistent with
the ESA's proposal for 1985 CDBG Funds entitled "Housing Modificatio-
ns for Low/Moderate Income Fragile Elderly." Any substantial
amendment or deviation from said proposal shall be reviewed and
approved, in writing, by the City.
C. The ESA agrees to employ a Coordinator, at ESA's expense, who is re-
sponsible for developing and administering the Housing Modifications
Program.
II. Time of Performance and Funding:
This agreement shall commence upon execution by the parties and shall
terminate on December 31, 1985. In consideration for the services to be
provided hereunder, the City shall advance to ESA the sum of $2,500 from
1985 CDBG funds.
In the event that ESA is unable to meet the objectives set forth herein
or if the program is terminated, all unobligated funds advanced under
this agreement shall be returned to the City.
III. General Administration:
A. Required Reports
1. The ESA shall be responsible for the administration of the
Housing Modifications Program. All expenditures under the
program shall conform to OMB Circular A-122, Cost Principles for
R1
2
Non-profit Organizations, and Attachment 0, Procurement Stan-
dards, of OMB Circular A-110 (copies to be provided by the
City).
2. ESA shall submit quarterly reports to the Department of Planning
and Program Development, CDBG Administration, on the 15th day of
April, July, October, and January until all CDBG funds disbursed
under this agreement have been expended. Such reports shall
document the progress of the project set forth herein and
contain other such information as reasonably required by the
City.
3. Not later than January 31, 1906, ESA will provide the City with
a certified statement of the expenditure of funds disbursed
under this agreement.
B. Other Reports and Audits and Inspections
1. ESA shall furnish the City or HUD with such statements, records,
data, and information as the City or HUD may reasonably request
pertaining to this agreement within the time requested.
2. At any time during normal business hours, there shall be made
available to the City, HUD and/or the Comptroller General of the
United States, or their duly authorized representatives, all of
ESA's records, with res ett to this agreement, in order to
permit examination of any au its, invoices, materials, payrolls,
personnel records, conditions of employment, and other data
relating to all matters covered by this agreement.
3. ESA shall retain financial records, supporting documents,
statistical records, and all other records pertaining to
expenditures under this agreement for a period of three years
from the termination of this agreement.
IV. Terms and Conditions:
This agreement shall be subject to the following terms and conditions,
to wit:
' A. Equal Employment Opportunity
ESA shall not permit any of the following practices: Discharge from
employment, refuse to hire, or discriminate against any individuals
in terms, conditions, or privileges of employment because of their
racecreed, color, national origin, religion, age, sex, marital
,
status, sexual orientation or disability.
B. Non -Discrimination in Services
ESA shall not deny to any person its services under this agreement
on the basis of race, creed, color, sex, national origin, religion,
marital status, sexual orientation or disability.
3
C. Termination
This agreement may be terminated upon a thirty day written notice by
either party.
D. Interest of ESA
ESA covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in a
manner or degree with the performance of the services under this
agreement. ESA further covenants that in the performance of this
i agreement no person having any such interest shall be employed by
ESA.
E. Interest of Certain Other Officials
No member of the governing body of the City, no officer, employee,
official, or agent of the City, or other local public official who
exercises any functions or responsibilities in connection with the
review, approval, or carrying out of the project to which this
agreement pertains, shall have any private interest, direct or
indirect, in this agreement.
F. Assignability
ESA shall not assign or transfer any interest in this agreement,
whether by assignment or novation, without the prior written
approval of the City.
G. Hold Harmless Provisions
ESA shall indemnify and hold harmless the City, it officers, employ-
ees, and agents from all liability, loss, cost, damage, torts, wrong
doings or criminal actions caused by persons employed by or under
the supervision of the Housing Modifications Program, and expenses
(including reasonable attorney fees and court costs) resulting from
or incurred by reason of any action based upon the performance of
this agreement.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the
date above -stated.
CITY OF IOWA CITY
ohnMcDona , Mayor
Attest: J
City Clerk
Recelved 2, Approved
B The Legal Department
R7
RESOLUTION NO. 85-12
RESOLUTION AUTHORIZING MAYOR TO ISSUE ORDER SUSPENDING FOR FOURTEEN
DAYS THE BEER PERMIT HELD BY LUCKY STORES, INC., EAGLE DISCOUNT SUPER
MARKET #157.
WHEREAS, on September 6, 1984, Theresa Marie Davidson, an employee of Eagle
Discount Super Market #157, pleaded guilty to the charge of selling beer to a
minor on August 23, 1984, in the licensed establishment of Lucky Stores,
Inc., Eagle Discount Super Market #157, 600 N. Dodge, Iowa City, Iowa,
contrary to Section 123.49(2)(h), Code of Iowa, and
WHEREAS, Section 123.50(3), Code of Iowa, provides for a mandatory fourteen
day suspension upon a first conviction to be assessed by a local authority
in the event a licensee, beer permittee, or employee of such licensee or
permittee is convicted of a violation of Section 123.49(2)(h), and
WHEREAS, pursuant to Resolution 82-217, the City Council adopted the follow-
ing policy:
In the event any licensee, beer permittee, or employee of such licensee or
permittee shall be convicted of a violation of Section 123.49, subsection
2, paragraph "h," or a retail beer permittee shall be convicted of a
violation of paragraph "i" of such subsection, the City Council of the
city of Iowa City shall, at its next regular Council meeting after said
conviction, order the applicable mandatory penalty, as provided in Section
123.50(3), Code of Iowa, to be assessed against the violator effective at
6:00 a.m. on the next weekday following said Council meeting.
WHEREAS, the City did not become aware of the disposition of this charge
until during the week of January 7, 1985.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor issue forthwith the attached order suspending for fourteen
days the beer permit held by Lucky Stores, Inc., Eagle Discount Super
Market #157, with said suspension to be effective beginning at 6:00 a.m.,
on Wednesday, January 16, 1985.
2. That the City Clerk notify in writing the Iowa Beer and Liquor Control
Department, 1918 S.E. Hulsizer Avenue, Ankeny, Iowa 50021, of this
suspension and include a copy of this resolution and the signed order.
It was moved by tuber and seconded by Ambrisco
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
—X—
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
Mr
�esol�tion R'o. 35-12
age
Passed and approved this 15th.
ATTEST:
of January , 1985.
BEFORE THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1014A
Lucky Stores, Inc. 1
Eagle Discount Super Market )
600 N. Dodge St. )
Iowa City, Iowa 52240 ) ORDER
Beer Permit BC -1474
Beer Permittee's employee, Theresa Marie Davidson, pleaded guilty to and
was fined $35.00 plus surcharge and court costs on September 6, 1984, in
Johnson County District Court (Case #84 TR 62877) for selling beer to a minor
on August 23, 1984, in the licensed establishment, Eagle Discount Super
Market #157, 600 N. Dodge St., Iowa City, Iowa, contrary to Section
123.49(2)(h), Code of Iowa.
Under the mandate of Section 123.50(3), Code of Iowa, the City Council
of the City of Iowa City, Iowa, as local authority, hereby suspends this beer
permit for the fourteen day period beginning at 6:00 a.m., on Wednesday,
January 16, 1985, and ending at 6:00 a.m. on Wednesday, January 30, 1985.
Dated this 15th day of January, 1985, in Iowa City, Iowa.
CITY OF IOWA CITY
ey:
o n c ona , ayor
a.
RESOLUTION 110. 85-13
RESOLUTION AUTHORIZING MAYOR TO ISSUE ORDER SUSPENDING FOR FOURTEEN
DAYS THE BEER PERMIT HELD BY QUIK TRIP CORPORATION, QUIK TRIP #552.
WHEREAS, on September 13, 1984, Scott Lynn Zahren, an employee of Quik Trip
Corporation, Quik Trip #552, pleaded guilty to the charge of selling beer to
a minor on August 24, 1984, in the licensed establishment of Quik Trip #552,
25 W. Burlington St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code
of Iowa, and
WHEREAS, Section 123.50(3), Code of Iowa, provides for a mandatory fourteen
day suspension upon a first conviction to be assessed by a local authority
in the event a licensee, beer permittee, or employee of such licensee or
permittee is convicted of a violation of Section 123.49(2)(h), and
WHEREAS, pursuant to Resolution 82-217, the City Council adopted the follow-
ing policy:
In the event any licensee, beer permittee, or employee of such licensee or
permittee shall be convicted of a violation of Section 123.49, subsection
2, paragraph "h," or a retail beer permittee shall be convicted of a
violation of paragraph "i" of such subsection, the City Council of the
city of Iowa City shall, at its next regular Council meeting after said
conviction, order the applicable mandatary penalty, as provided in Section
123.50(3), Code of Iowa, to be assessed against the violator effective at
6:00 a.m. on the next weekday following said Council meeting.
WHEREAS, the City did not become aware of the disposition of this charge
until during the week of January 7, 1985.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor issue forthwith the attached order suspending for fourteen
days the beer permit held by Quik Trip Corporation, Quik Trip #552, with
said suspension to be effective beginning at 6:00 a.m., on Wednesday,
January 16, 1985.
2. That the City Clerk notify in writing the Iowa Beer and Liquor Control
Department, 1918 S.E. Hulsizer Avenue, Ankeny, Iowa 50021, of this
suspension and include a copy of this resolution and the signed order.
It was moved by Ambrisco and seconded by Strait
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
y_ Baker
Dickson
Erdahl
McDonald
Y Strait
Zuber
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BEFORE THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
Quik Trip Corporation )
Quik Trip #552 )
25 W. Burlington St. )
Iowa City, Iowa 52240 ) ORDER
Beer Permit BC -9410
Beer Permittee's employee, Scott Lynn Zahren, pleaded guilty to and was
fined $35.00 plus surcharge and court costs on September 13, 1984, in Johnson
County District Court (Case #84 TR 62881) for selling beer to a minor on
August 24, 1984, in the licensed establishment, Quik Trip #552, 25 W.
Burlington St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of
Iowa.
Under the mandate of Section 123.50(3), Code of Iowa, the City Council
of the City of Iowa City, Iowa, as local authority, hereby suspends this beer
permit for the fourteen day period beginning at 6:00 a.m., on Wednesday,
January 16, 1985, and ending at 6:00 a.m. on Wednesday, January 30, 1985.
Dated this 15th day of January, 1985, in Iowa City, Iowa.
CITY OF IOWA CITY
By :��
hn McDonald, Mayor
RESOLUTION NO. 85-14
RESOLUTION AUTHORIZING MAYOR TO ISSUE ORDER SUSPENDING FOR FOURTEEN
DAYS THE BEER PERMIT HELD BY HAROLD DICKEY, DICKEY'S SAVE -A -LOT.
WHEREAS, on September 6, 1984, Julie Lynn Villhauer, an employee of Dickey's
Save -A -Lot, pleaded guilty to the charge of selling beer to a minor on August
23, 1984, in the licensed establishment of Dickey's Save -A -Lot, 1213 S.
Gilbert St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of Iowa,
and
WHEREAS, Section 123.50(3), Code of Iowa, provides for a mandatory fourteen
day suspension upon a first conviction to be assessed by a local authority
in the event a licensee, beer permittee, or employee of such licensee or
permittee is convicted of a violation of Section 123.49(2)(h), and
WHEREAS, pursuant to Resolution 82-217, the City Council adopted the follow-
ing policy:
In the event any licensee, beer permittee, or employee of such licensee or
permittee shall be convicted of a violation of Section 123.49, subsection
2, paragraph "h," or a retail beer permittee shall be convicted of a
violation of paragraph "i" of such subsection, the City Council of the
city of Iowa City shall, at its next regular Council meeting after said
conviction, order the applicable mandatory penalty, as provided in Section
123.50(3), Code of Iowa, to be assessed against the violator effective at
6:00 a.m. cin the next weekday following said Council meeting.
WHEREAS, the City did not become aware of the disposition of this charge
until during the week of January 7, 1985.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor issue forthwith the attached order suspending for fourteen
days the beer permit held by Harold Dickey, Dickey's Save -A -Lot, with
said suspension to be effective beginning at 6:00 a.m., on Wednesday,
January 16, 1985.
2. That the City Clerk notify in writing the Iowa Beer and Liquor Control
Department, 1918 S.E. Hulsizer Avenue, Ankeny, Iowa 50021, of this
suspension and include a copy of this resolution and the signed order.
It was moved by Dickson and seconded by Strait
the Resolution be adopted, an upon roll call there were:
AYES:
NAYS: ABSENT:
X
Ambrisco
_X
Baker
X
Dickson
X
Erdahl
X
McDonald
X
Strait
X
Zuber
X00
9
Rsolution No: ac-ia
Rage 2
Passed and approved this 15th. day of January , 1985.
ATTEST:
Received $ Approved
62 Legal Department
BEFORE THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
Harold Dickey
Dickey's Save -A -Lot
". 1213 S. Gilbert St.
Iowa City, Iowa 52240
I
Beer Permit BC -8987
MMM
Beer Permittee's employee, Julie Lynn Villhauer, pleaded guilty to and
was fined $40.00 plus surcharge and court costs on September 6, 1984, in
Johnson County District Court (Case #84 TR 62880) for selling beer to a minor
on August 23, 1984, in the licensed establishment, Dickey's Save -A -Lot, 1213
S. Gilbert St., Iowa City, Iowa, contrary to Section 123.49(2)(h), Code of
Iowa.
Under the mandate of Section 123.50(3), Code of Iowa, the City Council
of the City of Iowa City, Iowa, as local authority, hereby suspends this beer
permit for the fourteen day period beginning at 6:00 a.m., on Wednesday,
January 16, 1985, and ending at 6:00 a.m. on Wednesday, January 30, 1985.
Dated this 15th day of January, 1985, in Iowa City, Iowa.
CITY OF IOWA CITY
By:
)001 4co a , ayor
/DU
t
RESOLUTION AUTHORIZING EXECUTION ,
OP
ANNUAL CONTRIBUTIONS CONTRACT
RESOLUTION'NO. 85-15
WHEREAS the Iowa City Housing Authority
•lntoeascald the revised contract s(herein rcalledpthe o4Annuses alsContri-
butions Contract'] with the United States of America (herein
called the "Government'] with respect to any "Projects" as
efined in the Annual Contributions Contract and which at
any time now or hereafter is incorporated under the tarns
Of such Contract.
lg IT RESOLVED AT THE LOCAL AUTHORITY, as follows:
.Section i. The Annual Contributions dontract in substantially
herebs��apyeovedtandtaeeeyeto tedsbothhed af toaforakacd �dubetancAwis
the Chairman or Vice Chairman is hereby authorised and directed
W and
Authority- saidcontract
cretarytIs Cap '*$ suthorl:edoandhdirected
i� on each'suchncounrerparteanditoiforward saidthe
executedAcounter- -
h parts, or any of thin, to the Gova rnment to/ether with such
'other documents wtdeaeing the ayproval and authariaing the "
1, eaecutIOm thereof as may be required by the Government.
Saelan !, Whenever the following terms, or any of then, are
�il lndleatetaeother oredifferentsmeanin`lorsIntent-nshallsbeloon-
i I . , strued, and are intended to have meanings as follows:
(1) The tea "Resolution. shall 'mean this Resolution.
(Z) All Other terms used in this Resolution and whlch are
g defined in the Annual Coneributtans Contract shall have
the reapeetive meanings as
thereto in the Annual
Contrl6utIons Contract. .
action 3. This Resolution shall take effect immediately. -
5t was moved by Zuber and seconded',by Ambrisco
that the Resolut on as read be a opted, and upon roi ca ti-11Tier .were:
AYES: NAYS: ABSENT:
X _ANBRISCO
i X _MAKER +%
_DICKSON'
_EROAHL
Nc00NALD
X _STRAIT
_ZUDER
Passed and approved this 15 day or January , 1985.
YR
ATTEST:_uCt,YC nJ •},�, '"I.PUAi
CC�ITTPP CLERK
Rnrohed d Approved
By The 41031 Depanmonl
,
i
Nuo-%01
0-711 OA DEPARTMENT OF ,mjurvG AND Us$" DEVELOPMENT
RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT AND
GENERAL DEPOSITARY AGREEMENT AND ISSUANCE OF PROJECT LOAN AND PERMANENT NOTES
RESOLUTION NO 8$-16
RHEREAS the 1 o acro Into n Annul C-triWlona COnuact (hnr,o called the
(hotel. olid th-''incl Authodry'� Pont,...( )
"Conbacl") with the United Stats of America Dellf..died the "Govemm.t'7; (2) To cote, into an .......t
(betto called the ,Gnaal Depositary Agreement") with one or more banks, each of which Ie a member of the
Federal Deposit Insurance Corporation; Rod (3) to .,had,. the issuance Of Its norm As evid-ce al advances to
all with naper, 0 any
Connect he ad. to the end which .t al my ume now or, bmedtet is huorpo.Od u.de hority Pumuselt to the Cortract; the,alms of eucM1 GOnllaclGrad t the
NOW, THEREFORE, BE IT RESOLVED by the Local Authority a follows:
numbered CmG&cl No. KF-gITO , Ie hereby gprovd and accepted both
Section L The Ce. nt, n is hereby authorized and dlrnled to
ss cancer, form and subeCt In ad the MAYOR rad the CITY CLERK
1hereby
Contracted vetted t Imts press and
OI the Leal Authority,
t hereby rt and
ED
and directed xe uted ca rad aunt the.( to
seal of the Lad Authodith each such
counterpart rad o folward three executed thod.1.9th thnmf to the OOammay together with each over
document evidencing the rpproval and authodxingthe nnulon thmml n may be rcvUed by the Government.
Saeum 2. The General Depositary Agreement, substantially In the form OI Fon No. HUD -51999A.
Is hereby approved and accepted bath n to (oro and minister, rad is Incorporated herein by reference
raIs
Rod made •pert hernf. Thn
hereby authorized rad directed to ...to sold Agreement In Win
MAYOR tuplimte on behalf Ol the Local Authodry.
nd thv CITY CLERK Is hereby authorized and directed to Impress rad Attest the
official R J d the Local Authority m each such munttpau rad to forward three narrated conteryerts thereof
to the Govemmnt together -fill such other document evidencing the approval and authorizing the execution
thereof n mry be revved by the Govemmnl.
_ Section 3. The DIRECTOR OF FINANCE is hereby onhalzd to file with the G°vcmmnt
from time to time, as monies are required, requisitions together with the necessary upturning document.
requesting advances to be made on account of the Iron provided In the Contract, and the Proper Officers of the
t I'
Locrao
Local Authority shallr e
..to d deliver the Gwemment Nolenm
hetndtr authorized and shall
accept paymetherefortthereforoform the Government in cash and/or mcM1stge for other Nott of e d LocalAuthodry.
d is ,qW led to 1 older to btain each dvancerformed In
and such persons me dm.0 hp mends form the safe of all Nolen shall be depoto do and perform all other thgs sited serue a NiW sed only
In Word WE with the provision of the Cmtacl.
Section /. (A) In Order in provide monies Iolinance the Development Cod of each PmJect and to refund,
resew, ..lard a substitute Or any Project Loan Nott (in the Coducl called "Advance Not-" )o, Pemssmt
Nott by this Resolvers,authorizedto be issued (or any suchuNotes by resolution
the tide this o be
Issued and which are oulstndl.g, or n deposit lordellvery pending payment thndob-
Resolution becomes effective), or for any Protect Nott (10 the Cmlrad called "Tempoln/Not-0 issued by
the Local Authority In anticipation of the delivery of Project LORD or Consultant Not., these are M1erebyavthor-
Iced to be Issued, Imo time to time, Prolnt Lon and Pommel, Notes of the Loral Authority In an aggregate
principal amount Outlnding at any one time (whether authorised by this ResOludon o, arty Other reanluuon
authorizing the Issuance of Pnjnl Use o, permanent Notes) equal In the Maximum Developmenl Coal (or the
Actual Development Coat it such amount he. Ihm been dstenined) of each Prolnt, leu the sum of (I) the
principal &mount of Bonds Issued to finance such Development Cost and (2) the Principal smou.l of Projell Lon,
Pemw rad, Or Project Nan Issued to finance such Development Cost and which he. than been called (mm funds
other than the proceeds of any loan obtained by the Local Authority. e
(B) Each such Net- shell bear Internet and be pryable In the form Rod s Hes, W..cdbd by the ,
Conlrmt Rod this ReRlutles; shall be algaed In the toe of IM1v Locel Authority by the MAYO Cl cDO
shall have the ofBcld Rel Of the Local Authoruy Impassed thereon and Atttied by the
Each Project Inn Note shall be in substantially the fon of Form No. IIUD-9201 and each Pe,mm of Note shall
be In substantially the form of Form No. HUD -52250, each of which forms Ie Incorporated hernia by calerence Rod
made a pert he,.(. Plajnt Loan Nolen and Petmnmt Notes .bell but Issued to finance the Development Cod of
Nue-Petmnently Financed Projects Rod Petmanmlly Financed Project, mpecUvely
CC) Each Note Issued with aspect to Any Ptofect shall be • duetimd general obligation of the
Local Authority, the lull (lith and credit of which Is hereby pledged for the punctual psymnl of the principal of
and Internet on such Notes, and, together with all other Not. Issued pursuant to this Resolution, shall be
additionally
iouc(l
annual pledge of the saLevel Authority Ad of
to beDod dtsecured
shPWmnt perem, to the Contract and (2) by pledgeOIstdIInOntheRe.idualRnelpt
wchPOJecl
din providing lot hv patent OI Oocds Issued In r -prat touch Pajot.
(D) As additional anality Int the ever and rabble prymnl of the PdnciPal OI and Interest m
each Note Issued with respect to any P,OIlet, together with each ocher Nae Itued with aspect to such Prefect-
the
refect,the Local Authority, to the fullest extort permitted by the Laws of the State, hereby pledges, mortgages, conveys
rad gmet. anto the Govemmnl all property demlbed in the Cmdramt mArtitell"t such Pro)"" Including that
cortin ,.I property mlaing to each Inch Prolnt and more pridcutdydemribed In the trust Imtrommt or any
amendment thereto ss er,wted and recorded by the Loral Authority pursuant to the Contract: Provided,
P,..t.r..1,,,.,,......... /0o?,
That in respect to Permanently I Mand ProfecWthe lien of such pledge ad mortgage
and right panted and conveyed yu.uat to this Paragraph Shall (1) be junior to the Bonds ad junior ro the
Pledge of Residual Receipts securing the Bonds, ad (2) net be (onclow.ble untlt ail Bond, shall have been
Paid and discharged In the manner provided In the Bond Resolutions. If the preceding sentence shall be adjudged
by • court 01 competent jurisdiction to be Invalid or tettecdve it IS the In1a11. of the Local Authority to be
fully obligated under the otha pmvisiona of this Resolution ad that such judgment shall not impair or Invalidate
the obligation of the Local Authority to Pay the principal of ad Intaest on each Note from other funds of the
Lad Authority as betel. provided.
Section 5. Wharva, the following tem,, or try of them, are used In this Resoludm, the stare, unlet the
context shall Indicate moths, or different morning or IntalL ,hall be constmed, and we intended to have
mealnp a foil...;
(1) The tam "Resolution" shall mean this Resolution.
(2) All other lams used In this Resolution ad which are defined in the Contract
shall have the respective meting, ascribed thereto in the Contract.
Section 6. All resolutions or parts of reulatons heretofore adopted byte Local Authority which authorize
the Issuance and/or delivery of Advance, Project Lon or Permanent Notes pursuant t the Contract are hereby
repelled. Provided, home err. That such report shall In no way affect the validity of Advace, Project Lon or
Pomo, at Notes issued put= at to said resolutions which arc Outstanding or on deposit for delivery pending
Parent therefor n the date thla Resolution becomes ef(allve. Provided funAa, That the Project Loa Not.
=thadmad by tis Resolution shall be exchanged for my Advance Notes hnaofore inued pu nual to try
Previous ¢soludon.
Section 7. This Resolution shall take effect Immediately.
It was moved by Ambrl.Beo and seconded by Zuber that the
Resolution as read be a opt_ed�an upon roll call there were:
AYES NAYS: ABSENT:
X _ AMBRISDO
BAKER
DICKSDN
X _ ERDAHL
X _ NCDONALD
STRAIT
_X_ _ 2UBER
Passed and approved this 15th. day of January 1985.
ATTEST: c K4e' 7i • /A,f/
T 'CLE K
Rnalved 8 Approved
By The Legal Daparia.nt
u I
nuD-sAl P ->q
Boz
GENERAL DEPOSITARY AGREEMENT
THIS AGREEMENT, entered into this day of Ig ,
by and between
(herein called the "Local Authority"), a duly organized and existing public body
corporate and politic of the City of Iowa City, Iowa ,
and the First National Bank
(herein called the "Ban)0), located at 204 E. Washington St., Iowa City, Iowa
WITNESSETH:
WHEREAS, the Local Authority is undertaking the development and/or operation
' of certain housing pursuant to the terms of one or more contracts which may be
amended or superseded (herein individually and collectively called the "Contract")
between the Local Authority and the United Stales of America (herein called the
"Government'), which projects are identified as follows:
Project No. Name of Project
IA 05P022005 Iowa City Housing Program
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and
{ - WHEREAS, under the terms of the Contract the Local Authority has agreed to
deposit certain monies received by the Local Authority In connection with the afore-
, I said projects with one or more banks under the terms and conditions specified in
this General Depositary Agreement and may also deposit under the terms hereof
certain amounts received in connection with any other project or enterprise of the
Local Authority, Including any project or enterprise In which the Government has
no financial interest, NOW FURTHER WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the parties
hereto do agree as follows:
1. The Bank Is and shall continue to be a member of the Federal Deposit In-
surance Corporation as long as this Agreement Is in force and effect.
2. All monies deposited by the Local Authority with the Bank under the terms
of this Agreement shall be credited to the Local Authority In a separate account,
designated "Iowa City Housing Prog. /IA 05P022005, 010 046 1 Account"
(herein called the "Account"). All monies in the Account In excess of the amounts
Insured by the Federal Deposit Insurance Corporation shall be fully and continuously
secured by the Bank by the deposit or setting aside of collateral of the types and In
the manner as Is prescribed by State law for the security o1 public funds. Said
collateral shall at all times be of a market value at least equal to the amount of the
monies so secured,
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3, The Bank shall honor any (a) check or order drawn by the Local Authority
upon the Account or (b) directive to purchase or sell securities pursuant to Para.
graph 4, if such check, order, or directive is signed on behalf of the Local Authori-
ty by an officer or member designated by resolution, a certified copy of which
resolution or certification by a proper officer of the Local Authority as to the adop-
tion of such resolution, shall be furnished by the Local Authority to the Jaank.
4. The Bank shall purchase, with monies from the Account, and Pell Invest-
ment securities as the Local Authority may direct. Such securities and any other
I securities which may be deposited by the Local Authority with the Bank under the
terms of this Agreement shall be considered to be a part of the Account and shall
be held by the Bank in safekeeping for account of the Local Authority until sold,
Interest on such securities and the proceeds from the sale thereof shall be deposited
In the Account upon receipt.
N
—11
5, If the Bank receives written notice from the Government that no withdrawal,
by the Local Authority from the Account are to be permitted until thereafter author.
ized by the Government, the Bank shall not honor any check or order of the Local
Authority drawn upon the Account, or permit any withdrawal by the Local Authority
from said Account until expressly authorized so to do by written notice from the
Government.
6. The Bank In not obligated to be familiar, and shall not be charged, with
knowledge of the provision, of the Contract, and shall be under no duty to investi.
gate or determine whether any action taken by either the Local Authority or the
Government in respect of the Account is consistent with or is authorized by the
Contract or whether either the Local Authority or the Government Is in default
under the provision, of the Contract. The Bank shall be fully justified in accepting
and acting upon, without investigation, any certificate or notice furnished to It
pursuant to the provisions of this Agreement and which the Bank shall in good faith
believe to have been duly authorized and executed on behalf of the party In whoa,
name the same purports to have been made or executed,
7. The rights and duties of the Bank under this Agreement shall not be trans.
ferred or assigned by the Bank without the prior written approval of the Local
Authority. This Agreement may be terminated by either party hereto upon sixty
days' written notice to the other party, a copy of which notice shall be promptly
furnished to the Government, The rights and duties of the Bank hereunder shall
not be transferred or assigned nor shall this Agreement be terminated during any
period In which the Bank is required to refuse to permit withdrawals from the
Account as provided in Paragraph S.
S. This Agreement may be executed in several counterparts, each of which
shall be deemed to be an original and such counterparts shall constitute one and
the same instrument.
The depositary agreement heretofore entered into between the
Local Au o reference to Projects No: f
;—hereby terminated and all
monies and securitlea-of theority on th or held by the Bank
agreement shall continue to be aLAccount of
the Lo r ty pursuant
pursuant to thetas
to and In accordance with the provisions ofilllrl a
epositary Agreement.
IN WITNESS WHEREOF, the focal Authority and the Bank have caused this
Agreement to be executed in their respective names and their respective deals to
be impressed hereon and attested all as of the date and year first above written,
(SEAL)
ATTEST:
S.mlwy City Clerk
(SEAL)
ATTEST:
City of Iowa City
LocalAm arlry / }}f^^f��
8y
70" 0" John McDonald, Mayor
First National Bank, I„wa City, Iowa
H.A
By 5e o ca rash ad nE�&tieaTii-aD
NOTE: Strike paragraph 9 If not applicable.
21M.P
w'JD.wu, euP., D.C.
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U.S. DCPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DESIGNATION OF DEPOSITARY FOR DIRECT DEPOSIT OF LOAN AND/OR GRANT FUNDS
SECTION I (To be Completed by recipicni organization)
NAME OF PROGRAM
Iowa City Houein, Program, Project # IA 05PO22005
The 1st National Bank 204 E. Washington, Iowa City IA 52240
(.fame, Address and Z11, Cade of conA or Local Government Treasury)
L
HUD
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1
' 1
1
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U.S. DCPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DESIGNATION OF DEPOSITARY FOR DIRECT DEPOSIT OF LOAN AND/OR GRANT FUNDS
SECTION I (To be Completed by recipicni organization)
NAME OF PROGRAM
Iowa City Houein, Program, Project # IA 05PO22005
The 1st National Bank 204 E. Washington, Iowa City IA 52240
(.fame, Address and Z11, Cade of conA or Local Government Treasury)
L
HUD
The account identified in Section I has been established with this bank (or treasury as appi(eable). All necessary
documentation, including • power of attorney where necessary, which will legally enable this depositary to receive
U.S. Government checks directly from the U.S. Treasury Department for deposit to:
(Account Name and/or Number)
without the payee's endorsement have been received and ate in this depositary's custody. This depositary's
deposits are insured by: Federal Denosit Insurance Corporation
P.O. Box 1880, Iowa Citv, IA 522L4
(Rama of Hank or Treasury/ (Address and ZIP Code where checks should be mailed)
The Depositary hereby agrees to immediately notify the Recipient Organization
when a deposit is made in the above acc ant.
Senior Vice President & Cashier ..,r-t`�" Jan. 11; 198$
(Tide afAuthorited Bank Officer) (Sienamre of out dted Bank or Treasury OJJieer) (Gate)
.274 a—en HUD -Wash., D- e. /OssGr
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The account identified in Section I has been established with this bank (or treasury as appi(eable). All necessary
documentation, including • power of attorney where necessary, which will legally enable this depositary to receive
U.S. Government checks directly from the U.S. Treasury Department for deposit to:
(Account Name and/or Number)
without the payee's endorsement have been received and ate in this depositary's custody. This depositary's
deposits are insured by: Federal Denosit Insurance Corporation
P.O. Box 1880, Iowa Citv, IA 522L4
(Rama of Hank or Treasury/ (Address and ZIP Code where checks should be mailed)
The Depositary hereby agrees to immediately notify the Recipient Organization
when a deposit is made in the above acc ant.
Senior Vice President & Cashier ..,r-t`�" Jan. 11; 198$
(Tide afAuthorited Bank Officer) (Sienamre of out dted Bank or Treasury OJJieer) (Gate)
.274 a—en HUD -Wash., D- e. /OssGr