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Home My WebLink About1985-02-12 ResolutionI i � i I � I I 1 i I i - r e. RESOLUTION NO. 8S-27 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Yacht Club -- 1515 Niall Drive Ye Old Keg Shoppe--1910 South Gilbert It was moved by Strait and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker. X Dickson Erdahl X McDonald X Strait X Zuber X Passed and approved this 12th. day of February , 19 85 _• ayor Attest: —Cify Clerk Q37 i RESOLUTION NO. 85-28 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 Claes "B" Beer Permit or liquor control license, to wit: Ambrose-Lovetinsky, Inc. dba Tycoon I. C., 223 Cast Washington Amelia Corporation, dba Amelia Earhart Deli, 223 East Washington it was moved by Strait and seconded by that the Resolution as res e a opted, and upon rol ETdahl -- 1—calT there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl R McDonald X Strait X Zuber X Passed and approved this 12th. day of EWIum„V , 19 a5 _ #yo Attest:ntin J Ate. City Clerk sag RESOLUTION NO. 85-29 RESOLUTION SETTING PUBLIC HEARING ON THE OPERATING BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1985 THROUGH JUNE 30, 1986, THE PROPOSED USE OF FEDERAL REVENUE SHARING FOR THE FISCAL YEAR JULY 1, 1985 THROUGH JUNE 30, 1986, AND THE PROPOSED FIVE-YEAR CAPITAL IMPROVE- MENTS PROGRAM FOR FISCAL YEAR 1986 THROUGH FISCAL YEAR 1990. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hear- ing be held in the Civic Center at 7:30 p.m., February 26, 1985, to permit any taxpayer to be heard for or against the proposed FY86 Operating Budget, the proposed use of Federal Revenue Sharing monies for the year ending June 30, 1986, and the proposed FY86-FY90 Capital Improvements Program. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time for such hearing. It was moved by Strait and seconded by Erdahl the Resolu- tion be adopted, and upon roll all there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT ZUBER Passed and approved this 12th. day of February 1985. #,YOR i ATTEST: �,.,...J -f, 9Ca AA) CIT.CLERK Pow vad a Ap; mvW4 By The te�.iai Depertm it aero i 1 i i i i j i I I i I - i RESOLUTION NO. 85-29 RESOLUTION SETTING PUBLIC HEARING ON THE OPERATING BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1985 THROUGH JUNE 30, 1986, THE PROPOSED USE OF FEDERAL REVENUE SHARING FOR THE FISCAL YEAR JULY 1, 1985 THROUGH JUNE 30, 1986, AND THE PROPOSED FIVE-YEAR CAPITAL IMPROVE- MENTS PROGRAM FOR FISCAL YEAR 1986 THROUGH FISCAL YEAR 1990. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hear- ing be held in the Civic Center at 7:30 p.m., February 26, 1985, to permit any taxpayer to be heard for or against the proposed FY86 Operating Budget, the proposed use of Federal Revenue Sharing monies for the year ending June 30, 1986, and the proposed FY86-FY90 Capital Improvements Program. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by publication in the Iowa City Press -Citizen, a newspaper of general circulation in Iowa City, at least four (4) days before the time for such hearing. It was moved by Strait and seconded by Erdahl the Resolu- tion be adopted, and upon roll all there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT ZUBER Passed and approved this 12th. day of February 1985. #,YOR i ATTEST: �,.,...J -f, 9Ca AA) CIT.CLERK Pow vad a Ap; mvW4 By The te�.iai Depertm it aero i RESOLUTION NO. 85-30 RESOLUTION AUTHORIZING THE MYOR TO SIGN A RIGHT OF WAY ASSURANCE STATBIENT FOR FEDERAL AID PROJECTS hTIEREAS, the Iowa Department of Transportation requires cities to comply with the provision of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act by furnishing assurances concerning acquisition of right of way for highway projects funded with Federal Aid funds to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOIVA CITY, IOIVA, that the Mayor is hereby authorized to sign a right of way assurance statement for Federal Aid Projects. It was moved by Strait and seconded by Erdahl that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco X Baker X Dickson X Erdahl X Dk:Donald X Strait X Zuber Passed and approved this 12th.day of February 1985. L1, /As ---a YOR ATTEST: V. P,J( 1Y n�i 7f1+ �i'j,al 1,1c:�.a hnaOS 241 Return this form by February 1, 1985 RTCHT OF WAY ASSURANCE STATEMENT City of Iowa City To comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, the City Council of the City of Iowa City furnishes the following assurances to the Iowa Depart- ment of Transportation. 1. It is the policy of the City of Iowa City to acquire right-of-way in accord with Title III of said 1970 Act and applicable state laws. 2. It is the policy of the City of Iona City to provide relo- cation assistance benefits in accord with Title IT of said 1970 Act and applicable state laws. 3. The above named Citv will contact the Iown Department of Transportation for assistance as needed to assure compliance with applicable laws which are summarized in the instructions entitled "Right -of -Way Acqui- sition Policies and Procedures." pcbruary 12, 1985 Date Approved LLa Mayor of the City Rceefved 8, Approved By The Legal ;D.-1. A,nunf �--241 RESOLUTION N0. 85-31 RESOLUTION ACCEPTING THE WORK FOR THE CAPITOL STREET RADIP IAIPROVaffX' PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Capitol Street Ramp Improvement Project as included in a contract between the City of Iowa City and McComas-Lacina Construction Company, Inc. of Iowa City, Iowa dated July 17 1984 , be accepte , and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Baker X Dickson X _ Erdahl X McDonald Y Strait X Zuber Passed and approved this 12th, day of Februuaary�� 1985 YO R ATTEST:91 J -K SAA ) �(�Y CLERK Received & Approvyd By Th_ Legal Deportment a4a I I V i i I RESOLUTION N0. 85-31 RESOLUTION ACCEPTING THE WORK FOR THE CAPITOL STREET RADIP IAIPROVaffX' PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Capitol Street Ramp Improvement Project as included in a contract between the City of Iowa City and McComas-Lacina Construction Company, Inc. of Iowa City, Iowa dated July 17 1984 , be accepte , and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Baker X Dickson X _ Erdahl X McDonald Y Strait X Zuber Passed and approved this 12th, day of Februuaary�� 1985 YO R ATTEST:91 J -K SAA ) �(�Y CLERK Received & Approvyd By Th_ Legal Deportment a4a d;1?' CITY OF CN/IC CENTER 410 E. WASHINGTON ST OWE CITY IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT February 1, 1985 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Capitol Street Ramp Improvement Project as constructed by McComas-Lacina Construction Co., Inc, of Iowa City, Iowa I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R pectfull mi.led, Frank K. Farmer City Engineer a4a I I } i i I d;1?' CITY OF CN/IC CENTER 410 E. WASHINGTON ST OWE CITY IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT February 1, 1985 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Capitol Street Ramp Improvement Project as constructed by McComas-Lacina Construction Co., Inc, of Iowa City, Iowa I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R pectfull mi.led, Frank K. Farmer City Engineer a4a H o. RESOLUTION NO. 85-32 RESOLUTION ACCEPTING THE WORK FOR THE FY85 BRIDGE PAINTING PROGRMI WHEREAS, the Engineering Division has recommended that the improvements covering the FY85 Bridge Painting Program as included in a contract between the City of Iowa City an D_"airvland t Com anv Inc. of Cottage Grove, Illsconsin date gygµst 6. 1984 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x _ Ambrisco X Baker CX Dickson x Erdahl x McDonald X Strait _X _ Zuber Passed and approved this 12th. day of February 19 85 , Ufa OR ATTEST: CL4 RK Received & Approved By The Legal Dr.•parlmenf ,qG r N3 CITY GF CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT February 1, 1985 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. FY85 Bridge Painting Program as constructed by Dairyland Improve- ment Company, Inc. of Cottage Grove, Wisconsin. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R tfully s d, Frank K. Farmer City Engineer bj2/13 243 I I I i CITY GF CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT February 1, 1985 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. FY85 Bridge Painting Program as constructed by Dairyland Improve- ment Company, Inc. of Cottage Grove, Wisconsin. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R tfully s d, Frank K. Farmer City Engineer bj2/13 243 RESOLUTION NO. 85-33 RESOLUTION ACCEPTING niE WORK FOR A PORTION OF THE PAVING IMPROVITIENPS FOR FIRST AND ROCHESTER, PART TIO WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The portion of paving improvements adjacent to Lots 45- 66, 80 and 81 of First and Rochester, Part Two, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Erdahl that the resolution as read be adopted, and upon roll calT —there were: AYES: NAYS: ABSENT: x Ambrisco x_ _ Baker x Dickson Y Erdahl Y McDonald Y Strait --X-- Zuber Passed and approved this 17th.day of February , 19 85. �— MA R paeeiverl X Approved ATTEST: EapertrrPW CITY CL RK 1 CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C0C) ENGINEER'S REPORT February 6, 1985 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The portion of paving improvements adjacent to Lots 45-66, 80 and 81 of First and Rochester, Part Two, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. I tfully ubmiltId, Frank K. Farmer City Engineer bj3/16 i { i i i I I CITY CSF IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C0C) ENGINEER'S REPORT February 6, 1985 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The portion of paving improvements adjacent to Lots 45-66, 80 and 81 of First and Rochester, Part Two, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. I tfully ubmiltId, Frank K. Farmer City Engineer bj3/16 a RESOLUTION NO. 85-34 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF OF THE SANITARY SFLI%TER ANDAND SSTER, PART Th'OROVITiENTS FOR FIRSWHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The sanitary sewer improvements for Lots 45-72 and 79-81 of First and Rochester, Part Two, in Iowa City, Iowa. The storm sewer improvements for Lots 45-66, 80 and 81 of First and Rochester, Part Two, in Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City - It was moved by Strait and seconded by Erdahl that the resolution as read be a�op—tF+ and upon roll ca t ere were: AYES: NAYS: ABSENT: x Ambrisco X _ Baker Dickson Erdahl McDonald x Strait �I Zuber Passed and approved this 12th. day of February QQ 1985 i ATTEST: gam,6 CITY CLERK Received & Approved By Th, Leval R�pnrlmeni CITY CSF IOW.1--\ CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-503D ENGINEER'S REPORT February 6, 1985 Honorable Mayor 8 City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer improvements for Lots 45-72 and 79-81 of First and Rochester, Part Two, in Iowa City, Iowa. Storm sewer improvements for Lots 45-66, 80 and 81 of First and Rochester, Part Two, in Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. esp ctfull su mjtt-Td, Frank K. Farmer City Engineer bj3/17 a45 i i i CITY CSF IOW.1--\ CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-503D ENGINEER'S REPORT February 6, 1985 Honorable Mayor 8 City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer improvements for Lots 45-72 and 79-81 of First and Rochester, Part Two, in Iowa City, Iowa. Storm sewer improvements for Lots 45-66, 80 and 81 of First and Rochester, Part Two, in Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. esp ctfull su mjtt-Td, Frank K. Farmer City Engineer bj3/17 a45 HAYEK, HAYEK, HAYEK & HOLLANI; WILL J. HAYEK (1033.19331 ATTORNEYS AT LAW JOHN W. HAYEK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY. IOWA 32240.3973 C. JOSEPH HOLLAND February 4, 1985 WILLIAM D. WERGER City Council of Iowa City Iowa City Civic Center Iowa City, Iowa 52240 RE: Proposed Melrose Lake Rezoning Dear Mayor and Council Members: AREA CODE 319 337-9606 ua�N FEB 051985 MARIAN K. KARR CITY CLERK (3) I am writing to you on behalf of Terence and Glenys Williams to again express our great concern about the proposed rezoning of the Melrose Lake area. Although my clients are most reluctant to divulge their private financial affairs to the council the rezoning petition that has been filed unfortunately necessitates such disclosure. My clients signed a purchase contract on December 14, 1981, with Melrose Lake Partnership agreeing to pay $1,450,000 for the Melrose Lake property. A copy of that contract is attached marked as Exhibit A. As you can see from the contract itself, the land purchased was divided into two parcels basically being the de- veloped tract and the vacant tract. This was to facilitate keeping the vacant tract free of the first and second mortgage liens in order to facilitate its sale. On May 27, 1981 and again on December 14, 1981 (the latter date being the date on which Exhibit A was signed), I discussed with members of the City staff, specifically Mr. Schmeiser in May and Mr. Boothroy in December, the development potential of the vacant tract of land. My clients had checked into the provisions of the comprehensive plan and the proposed zoning under the new ordinance. We were told that under the provisions of the comprehensive plan as well as under the provisions of the existing as well as the anticipated zoning or- dinances multi -family housing would be permitted on the vacant property and further that it would be possible to sell the vacant property as a separate tract. Indeed we were told that there was on file an approved LSRD Plat showing and approving development of multi -family housing on the vacant tract of land. On January 2, 1982, the Williams closed their purchase of the Melrose Lake property. They paid the purchase price of $1,450,000 in the following way: 9146 City Council of Iowa City February 4, 1985 Page Two 1. They conveyed property to Melrose Lake Part- nership worth $48,000. 2. They paid cash of $242,000. 3. They borrowed $750,000 from the Hills Bank, secured by a first mortgage on the developed portion of the tract, and paid that over to the sellers. A copy of the Hills Bank mortgage is attached, marked as Exhibit B. 4. The balance of $410,000 was financed by sellers through a promissory note and second mortgage. Copies of the note and mortgage are attached, marked as Exhibits C and D. As can be seen from the financing documents and the fact that the mortgages were placed on the developed portion of the Melrose Lake tract, carefully excluding the vacant land, it has all along been my client's plan to sell or develop the vacant tract in order to generate funds with which to pay the debts incurred in connection with the purchase of this property. The Williams did pay the $36,900 payments due on January 2, 1983 and January 2, 1984. They also paid $136,900 due in January of 1985. In order to make these payments my clients have had to deplete their savings and borrow against insurance. As can be seen from Exhibits A and C it will be necessary for the Williams to pay $27,900 on January 2, 1986, and the entire unpaid balance with interest on or before January 2, 1987. For your information, the payment due on January 2, 1987, will be $337,900. In order for Terence and Glenys Williams to pay $337,900 on January 2, 1987 they must either sell the vacant land or else somehow through development generate that kind of money. Another possible alternative would be to sell the entire property for enough money to generate funds, after expenses of sale, sufficient to cover the debts and liens against the property. (If the property only brought enough to cover debts and liens then obviously the Williams would have lost all of their cash investment made up to now, a very substan- tial sum.) You are all aware of what has happened to the apartment market in Iowa City in the last couple of 946 City Council of Iowa City February 9, 1985 Page Three i years. I think it would be difficult for my clients to sell this apartment complex at this point in time for a sufficient amount to cover these items. I want to emphasize how difficult it is for the Williams to disclose all of this information. By doing so they are making their marketing efforts that much E I more difficult. They are disclosing to potential buyers their own financial pressure points. The only reason Terence and Glenys Williams have authorized me to do this is because of their very grave concern that you will not fully appreciate the seriousness of their situation nor the financial ramifications of the pro- posed rezoning. I The proposed RS -8 zoning is absolutely unacceptable for at least two reasons. The existing buildings will become non -conforming under such a zoning category. Because of the requirements of your zoning ordinance non -conforming property is restricted and hence re- duced substantially in market value. Coupled with al- ready substantial downward market pressures the added pressure of non -conformity would be significant. Secondly, as Mary Ann Milkman has reported to you, under RS -8 zoning, with one exception which will be discussed below, only six units could be built upon the vacant land. For example, three duplexes. With duplex ! lots selling for $15,000 to $20,000 one can readily see I{ that basically leaving us with three duplex lots comes far short of generating the funds necessary to make the payments required. Further, of course, development costs would have to be paid before even duplexes could be built. Mr. Baker has suggested use of a planned development housing overlay zone (Section 36-97 of the Iowa City Zoning Ordinance). This is not an acceptable alternative. Even assuming, an assumption I do not think we can make, that one could reach adequate levels of development with such a zone, the use of the planned development overlay J i zone is not viable. Your ordinance requires public hearings in order to approve such a zone. I submit to you that no buyer would purchase this vacant land with the prospect of having to come before the City Council of Iowa City, in face of the demonstrated strong public opposition that already exists, and try to obtain your a4b City Council of Iowa City February 4, 1985 Page Four approval for the construction of apartments on the Melrose Lake property. Any purchase by a developer would have to be contingent on such approval being obtained and I very much doubt that developers will be interested in fronting the money and time and tying up their resources in order to see if approval can be obtained. To obtain approval of a planned development housing overlay zone it would be necessary at minimum to obtain four affirmative votes on the City Council. However, there is a real chance, it seems to me, that approval of such a zone could require an extraordinary majority. The Section 36-47 procedure in essence is a zoning ordinance amendment and I think that under the provisions of Section 36-88 of your zoning ordinance the extraordinary majority requirement could be triggered if protests were filed by the owners of 208 or more of the area of abutting lots. In light of the substantial public opposition already demonstrated, I submit that obtaining approval of an extraordinary majority if required would be virtually im- possible. I would also like to remind the council that the debt which the Williams have incurred is recourse debt, that is to say debt for which they are personally liable. Thus, if unable to pay the debt they face not only loss of the property but also potential liability to the lenders above and beyond that. My clients acted in good faith in purchasing the Melrose Lake property. They relied upon the City's comprehensive plan and zoning ordinance. They must be in a position to sell the vacant land in order to generate the $337,900 payment that is due in January of 1987. Rezoning the Williams' property to RS -8 will severely and materially damage the Williams as I have described above. It will prevent them from being able to make their payment on the second mortgage. It will place them in a position of probable default on that mortgage. If that happens my clients will look to the City for compensation for all damages incurred for what we believe will in fact have been a taking of their property for public purposes through the zoning process. The neighbors and the city want to see Melrose Lake left open and un - P410 City Council of Iowa City February 4, 1985 Page Five developed. If the community feels the need for this property as open space or park land then the community should pay the owners of that property fair and just compensation for that taking. In other words, if you want the land please buy it. Do not, however, attempt to use the zoning power to effect a back door taking of the property. Very trul y 4W. Hayek JWH:sld Enclosures i i i f i i. i . i City Council of Iowa City February 4, 1985 Page Five developed. If the community feels the need for this property as open space or park land then the community should pay the owners of that property fair and just compensation for that taking. In other words, if you want the land please buy it. Do not, however, attempt to use the zoning power to effect a back door taking of the property. Very trul y 4W. Hayek JWH:sld Enclosures I __ - E USE— IOWA STATE BA0. ASSOCIATION FOR HIS LLOAL CONSULT O iN Exhibit A OF THIS FORM, CONSULT TOUR LAWYER —, Official Form No. 21.2 ....... ,... ".r. ., ,•..- n.., --____—_—_ __—.- IIN III. ;`o` REAL ESTATE CONTRACT (SHORT FORM) 3Jt N greet between MELROSE LAE .PARtIEpc;IIIp,_ an Icnaa General Partnershiu, o{ Johnson County, Iowa. Sellers, aAd, _I,F•RPNCE It. WILLIAh'1S and GLENYS 0. l•7Ij,LIAMS, husband and wife, —.----- __- ------ Of Johnson County, Iowa. Buyers: Thaf Sellers hereby agree In :00 and Buycrshereby egro,; 1a b,.; the real (!100 :ilunie in .--,Iol7n5on County, Icwa, described as: SEE ATTACHED EXHIBITS "A" AND "B" AID BY THIS pI?1'FfuiNCE WDE A PART HFPM. F. AJ,L FURNITURE, FIXTUR'E'S, APPLIANCES AND EQUIPMf_T'7T USM IN 711C Rf1•TTAL AND MiSMI MANOT' OF THE PROPERTY AND THE STR=IPX.S Ik) ATED T[T.REOSN ARE INCLUDED IN THE SALE. ON THE DATE OF CLOSING, SELLERS SHALL FURNISIi A SORVry CERTIFIED B'.r A REGISTERED LAND SURVEYOR TO SHOD DERIVATION OF LECAL DESCRIPTIONS, (EW-,IBIT "A" IS THAT REAL ESTATE UPON IIHICH IS IOCATED THE EXISTING APARIVE T UNITS AND THE POND. EXHIBIT "B" IS THE LAN IWEDIATELy ADJACENT TO EXfiIBIT "A" NHICII IS UNIWPO - P}IIIl3IT5 COMPRISE AN AREA OF APPROXIMATELY 7.44 ACRES, THE SAME BEING ALL OF THE LAD ORM IPI THF, AREA BY TLIE SE1.12R. ) together with all casements and servient estates appurtenant thereto, upon the following terms: I. TOTAL PURCHASE PRICE for said property is the sum of One Million Enter Hundr(r d Cj fty Tbousand and NO/100------ Dollars ($LA50,flDD-00) of which r,.np pilnAred Anur Thousand and ^'^1700 ---- Dollars ($--10.4-,000-OfL) has been paid herewith, receipt of which is hereby acknowledged by Sellers: and Buyers agree to pay the balance to Sollorstig(y7R5i:)uecs.•sfi6�lbtf =as directed by Sellers. as follows: $750,000.00 frcrn first mortgage proceeds, S410,000.00 by executing a second mortgage on the property described in Exhibit "A", $48,000.00 by conveyance of the real estate described in Exhibit "C11 attached and made a part hereof, $138,000.00 in cash, all of which proceeds, deeds and necessary instruments relative thereto being delivered on the date of closing on January 2, 1982. See Exhibit "D" attached and by this reference made a part hereof. 3. TAXES. Sellers agree to pay See Exhibit "D" attached. , and any unpaid taxes thereon payable in prior years and any and all special assessments for improvements which have been installed at the date of this contract; and Buyers agree to pay, before they become delinquent, all other current and subsequent taxes and assessments against said premises. Any proration of taxes shall be based upon the taxes for the year currently payable unless the parties state otherwise.' 4. POSSESSION. Sellers agree to give Buyers possession of said prmniscs on or before W.Cemtxtr 14, 19 81 . W: bYWV ,." 'I"N.E" 6. ABSTRACT. Sellers agree to forthwith deliver to Buynrs for their examination abstract of Bile to said prom iIses continued to the data of this contract showing merchantable title in accordance with Iowa Title Standards. After a.arrinaflon by Buyers the abstract shall be hold by Sellers until delivery of decd. Sellers agree to pay for an Ad. ditional abstracting which may be required by acts, omissions, death or incompetency of Sellers, or Dither of them, i occurring before delivery of dead. 7. FIXTURES. All light fixtures, electric service cAle and opporatus, shades, rods. blinds, venetian blinds, uwn- ings. storm and screen doors and windows, attached linoleum, attached carpeting, water heater, water softener, out- side TV tower and antenna, attached fencing and gales, pump finds, trees, shrubs and flowers and any other attached fixtures are a part of the real estate and are included in this sale exeepl --- ]Id REAL [31ATF CONTRACT 13h r1 Coprrilh1 1961 1 a Thr 1.W. F1nlr nor Ar., i• bit A Cuvenl Jnnvary. INIForm1891 0 B. CARE OF PROPERTY. Buyers shall not injure, destroy or remove the irnprovomonls or fixtures or make any material alterations thereof without fire written consent of Sellers, until final payment is made. 9. DEED. Upon payment of all sums owing by Buyers to Sollars by virtue of this contract, Sollars agree to con- tomporaneourly execute and deliver to Buyers a warranty deed upon the form approved by The Iowa State Bar Asso, ciation and which shall be subject to: (a) Lions and encumbrances suffered or permitt,;d by Buyers, and taxes and assessments payable by Buyers. (b) Applicable zoning regulations and easements of record for public utilities and o0ablishod roads and high. ways. (c) 10. FORFEITURE AND FORECLOSURE. If Buyers fail to perform this agreement in any respect, time being made the essence of this agreement, than Solley, may forfeit this contract as provided by Chapter 656 of the Iowa Code and all payments made and improvements made on said promises shall be forfeited; or Sellers may declare the full balance owing duo and payable and proceed by suit of law or in equity to foreclose this contract, in which event Buyers agree to pay costs and atlorney fees and any other ,,i,ense incurmd by Sellers. It is agreed that the periods of redemption after sale on foreclosure may be reduced under the conditions set forth in Sections 626.26 and 628.27. Code of Iowa. 11, PERSO HAL PROPERTY. VI',, n.l..ml p• ""' o, 1.- 6.:r•p :. .rm•. S'r" .r li ucn rn.,ar r. Inn caw la o1 6.,11 Jeun, Seller maY. JI nn .,lion, Pr....d ,n tapes, 1. forts I.ennn a It, •. nr,l.l n[e —11 In• U, le—•l: ant mr'—.11 �r.U�c or I.. .r 11•1 heal :uch .ellen A., •n Inn lane manner est ryas n 1,111, all .11 1111m4lerl I, Srr I.— %5, 95o1(a). C.1, 1. rr I,.. r. 12. JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHT IN REAL ESTATE. If and only if, the Sellers, immediately piaeeding this sale, hold the lisle 1. the b..e dasaibed Prepen, ,r ['lolnl Imam., this late Nell not c nlflule a 1<lu uauon of rel ....I len n In that .se, all i,his of the Sell in this connect, in IS, proceed, thereof, a d .n an; rontin uln9 r re,sPI.,,d n;[nq or •Sellers , laid -cal estate. 0.11 be a d t.atinue A Sell.. , Wet tenant. .ilh lull r;dPts of .Iriyer,hip and non a, Jensen a.mm.n. huror, in IAT nI o' 1ne doth of one el runs Wr. Parents, C to ply any balance of the Planned, of IM, compact to the .raring Seller end to accept deed ,an,ad sole[, by .1h wr.iro1; rt .JM due .sand ParaI. last ..franc. o1 paragraph S, IE. "SELLIERS." SDome, it net a tilleholder immediately P,s,ndw Ph;, se In Aell be nn.num ed 10 ha.e Tec nd JAi. Inerum..I only ton the P V.e of I nn.rirhing ell lig he. of da.er. AomOlead and dnbibu6ye sAme nnd9or in camnl:n n,T .1A mnlen 561.11 Code of los; and the use al the rd • Sollan" IAT printed .Onion OI Ibissoared. .;thein m.... Ihall mol rabid s -h preprmpfi0 n, nor in any .ay Trials.., earned the Pnri.ol irlare.I of .uch ,pause it laid Properly. or :n the .In proceed., or bind ,uch ,,Ouse a,,,Pt e1 afomsaiJ, Jo it., terms and Pnod.ionl of this contract. .. IH,,. add lurlher tom, or proyi.i.ne SEG ERkIIBTr "D" ArMOM). Word, And phrases heroin shall ere c.Wnmyd n1 singular or plural and es m.sc.bne. feminine or neuter gender according to the contest Dated this 14th day of Decenlller 1" .. T-PRENCC H. WILl7R45 I or QM]YS .,,CIILLIAhLS BUYERS 19 81 . hlE rM • PARTNERSHIP RL D?. X K-1 r Partner SELLERS Buyers' Address Sellers' Address STATE OF IOWA, JOHNSON COUNTY, ss: On this 1r -/y day of Deceirber , A. D. 19 81 , before me. Public in and for said County and State, personally oppeated cf, CPC[: It. 1-iiiiiamS to me known to be the identical persons named in and who e,ecuted the foregoing instrument, and acknowledged that they executed the same as their voluntary actt' fAnd deed _ �A4s._4L__TtHyQ --- No ory Public in and for soid County and Stale. O T as as P Q 0 o I a a � e 1 r .1 is W an LL -e0 m __m 2 o W as U e P a, e ., O O O a Z de c � o o u U F W f � W 0 0 o a 0 z I 3 Y O I O Put eras :r :a: . N'. k EMIDIT "A" The follaaing described real estate located in Johnson County, Iowa, to -wit: That part of 851, 857, 871, Woodside Drive, being a oortion of the approximately 7.44 acre tract upon %,diich the existing building is located. Exact legal description to be taken from abstract of title and survey. E)GIIBIT "B" The following described real estate located in Johnson Countv, Iowa, to -wit: That part of the 7.44 acre tract lying generally east of the developed portion thereof which is now vacant. The legal description for this vacant portion of land to be taken from the abstract of title and survey. H , EXHIBIT "C" The following described real estate located in Johnson county, Iowa, to -wit: The W 1/2 of the following described tract: The South 555.5 feet of the 519 1/4 of the SE 1/4 of Section 30, Township 79 North, Range 6 West of the 5th P.M., except the West 313.7 feet thereof, and, The W 1/2 of the following described tract: The North 769.12 feet of the South 1324.62 feet of the I•lest one-half of the SE 1/4 of Section 30, Township 79 North, Range 6 West of the 5th P.M. Subject to easerty-ants granted and reserved by deed recorded in Book 426, at page 106, in the Office of the Johnson county Recorder. Eb1IBIT "c" j aMb EMIBIT "D" a THIS EXHIBIT is part of a certain Real Estate Contract (Short Form) between Melrose Lake Partnership, Seller, and Terence H. Williams and Glenys O. Williams, Buyers, and the following terms and conditions are a ;ort therel')f. 1. In the event first mortgage proceeds are not available on January 2, 1982, because of inability to furnish the first and nrior lien as shown by an abstract delivering merchantable title, the parties agree that the transaction shall be closed and the Buyers shall pay interest to the Seller on $750,000.00 at the saw rate being charged to Buyers for their first mortgage loan. The interest rate referred to herein shall be the simple interest charged without regard for loan service fees, points, or other eap..nses necessary to obtain the first mortgage loan in question. Seller shall proceed with diligence to effect any necessary corrective title procedures and the parties agree that the first mortgage loan will be closed as soon as reasonably possible under the circumstances. 2. Buyers will execute and deliver to Seller a warranty deed conveying merchantable title to the real estate described in Exhibit "C" at the date of closing on January 2, 1982. It is understood that Buyers may need some additional tine to prepare an abstract shooting merchantable title to this real estate but will proceed with diligence to provide merchantable title and comoly with the provisions of this agreement. The expense of any title corrective matters shall be that of the Buyers. It is further the intent of Buyers to exchange this real estate at a value of $48,000.00 for the purpose of falling within the ambit of Section 1031 Internal Revenue Code, said exchange bring for the real estate described in Exhibit "B" attached. 3. The second mortgage referred to as part of the purchase price shall cover only the real estate described in Exhibit "A" and shall be Paid pursuant to the following schedule: Interest Rate Annual Payment Year Balance Year Payment Due Date 1 $410,000.00 98 $36,900.00 1-2-83 fI 2 410,000.00 98 36,900.00 1-2-84 3 410,000.00 98 36,900.00 1-2.-85 4 310,000.00 92 27,900.00 1-7.-86 5 310,000.00 9% 27,900.00 1-2-87 G aub -2 - Buyers will reduce the principal by $100,000.00 at the end of year three (3). All payments are interest only. 11btal balance is due in full at the end of five (5) years. Buyers may pre -pay any portion of the balance at anv time without penalty, and the annual payments will he reduced accordingly. 4. At the closing, Seller shall execute and deliver a warranty deed to the land described in Exhibit "A" and Exhibit "B" • R` 5. Buyers may sell the existing Melrose Lake apartments as condominiums ` upon the condition that they pay Seller 1/30 of the remaining second mortgage F balance at the titre of title transfer of each unit at i•hich time the seller shall execute and deliver a mortgage release for the specific unit in question i for which Seller has received payment. All expenses pertaining to such release shall be the responsibility of the Buyers. 6. The building plans, blueprints, specifications, and documents con- nected with the proposed additional 30 units as well as the "Planned Area Development" shall be given to and become the property of the Buyers at the time of closing. 7. on December 14, 1981, Seller shall deliver all damage deposits being held by virtue of rental of the apartments located on Exhibit "A" and shall pay to Buyers one-half (1/2) of the December, 1981, rents. Assignments of all leases as well as any choses in action will be delivered to Buvers effective December 14, 1981. 8, seller will indemnify Buyers from any claims or demands arising by virtue of real estate commissions on this transaction. 9. Buyers agree to maintain 1.4 million dollars of fire, tornado, and extended coverage insurance on the improvements- located on the piroocrty descrilvd in Exhibit "A" effective December 14, 1981, and from sane date shall provide liability insurance in the amount of $1,000,000 covering the property described EMT -3 - in Exhibit "A" and Exhibit "B", all of said insurance to have a proper loss payable clause to protect the security interest of Seller. until the second mortgage has been fully paid, Buyers shall maintain the sane insurance coverage referred to above from January 2, 1982, with the proper loss payable clause reflecting Seller's security interest. ) 10. Earl M. Yoder certifies that he is a general Partner of Melrose Lake Partnership and has authority to act on behalf of all partners and the partner- Partnership ship in signing and performing this contract. ) 11. Seller shall pay the real estate tares for fiscal 1960-81 due and payable in fiscal 1981-82 as well as all prior taxes, and in addition shall pay a pro - rata amount (11/24) of the real estate taxes for fiscal year 1981-82 payable in j fiscal 1982-63 as said taxes became due and prior to hemming delinquent. Per- sonal property taxes, if any, shall be paid by the Seller pursuant to the same arrangement. 12. The expense, if any, of providing a survey for the Purpose of separating the land described in Exhibit "A" from the land described in Exhibit "B" shall be that of the Buyers. DATED at Iowa City, Iowa, this day of December, 1981. �,E •12SHIP '1tiR[1dCE bl. WILLIAN6 By E 1 M. Yoder Partner GLE?1YS 0. S92LLIAMS SELLER BUYERS i o. I I i t r a4b .............. t IQWA STATE BAR ASSOCIATION FSRi [ LEGAL OFFER OF T11E USE Olhclel Form he. 1.1 r ✓` ••+^'•^•••' '• °or OF THIS FORM COIISULT YOUR LAWYER ` WARRANTY DEED cr�•i mole 21l A1C11 by thC51! orCSCIO: That —Terence li. willialns and Glenys 0. Williams,_ husband and wife, -as -Grantors__— in consideration of the sum of -_ on_e_dollar S$1.00) and other va-1vahlecQnsidaration----------- ----- in hand paid do hereby Convey unto .University -L ke-Apartmants,-an-Iawa-general-partnership having its principal place of business in Iowa City, Iowa, I Grantees' Address:—____ the following described real eslale, siluslud in ___-Johnson.--- _County, Iowa, to -wit: The W1/2 of the following described tract: The South 555.5 feet of the SW 1/4 of the SE 1/4 of Section 30, Township 79 North, Range 6 I:ost of the 5th P.M., except the West 313.7 feet thereof, and, The W 1/2 of the following described tract: The North 769.12 feet of the South 1324.62 feet of the West one-half of the SE 1/4 of Section 30, Township 79 North, Range 6 West of the 5th P.N. Subject to easements granted and reserved by deed recorded in Book 426, j at page 106, in the Office of the Johnson County Recorder, i I I i I And the grantors do Hereby Covenant with the said grantees, and successors in interest, that said grantors hold said real estate by title in fee simple; that they have good and lawful authority to sell and convey the same; that said promises are Free and Clear of all Lions and Encumbrances Whatsoever except as may be above stated: and said grantors Covenant to Warrant and Defend the said promises against the lawful claims of all persons whomsoever, escopt as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the described premises. ' Words and phrases harein including actnowledgmenl hereof droll be construed as in the singular or plural numbao and as masculine i or laminine gander, according to the canton. Sinncd this— h, of --.—,January 19 82 ^• STATE OF IOWA, 1 coutary of t)1� i dris...-. _Jny ul_sT_an&1GY—. 1932 Lclaro n,a mdws;gn.d, a Now,, N(A a in and for said� �C1ounty end ' " :Ian•, Pwsmudh' n1.Puarvd_?'�renrs�i�La1J.1tua5— —and Glenys 0. f9illiams, husband_ --and-wife, ro nee Ina.a to be the idenCcal p.nons named in and uho mculnd the lorugoing ineues al. and eclnowledged ILat they e'ucuted thnlana s their voluntary act ad dnod. �� I Terence if. Williams Glenys 0. wiillauls .n. (Grantors' address) i i lb Ls1' .,�............... �.�....,"'r•,_r� ev Public u. .,,..I Ins sail Cnvnty and Anlu __--------.-.._ —V -�---� - �— —1.1—WARRANTY OF:O —' IOWA STATE BAR ASSOCIATION t.a, .w. •, r.... ,..e:, OR THE LEGAL EFFECT THE USEOfficialOclal form No. 13,2 r, .., n,auw.or, iN15 FOAM, CONSULT YOUR LAWYER REAL Exhibit ESTATE B A,q,:' n....�..T . �" "-'A MORTGAGE—IOWA c9�fii 3lnbenture mod. this 4th do Y of January A. D. 19 82 between Terence fl. Williams and Glenys 9. Williams, husband and wife, Mortgagors of the Cor•nty of Johnson and Statoof Iowa, and_Itills Bank and Trust Com– Morfagoo, of the County of _— Johnson , and State of _ Iowa WITNESSETH: Thal the said Morigagors in consideration Of__ seven hundred and fifty thousand DOLLARS j5—ZSQ 000_00 j loaned by Mortgagee, received by Mortgagors and evidenced by the promissory note hero- inafter referred to, do, by those presents SELL, CONVEY AND MORTGAGE, unto the said Mortgagee Hills Bank and Trust Company the following doscribod Real Estate silu,l,d in the County of—JQhm5D 1 , State of Iowa, to -wit: The property described in Exhibit A attached which is the wes- terly 4,37 acres of the property described in Exhibit B attached. This mortgage also covers the access easement described in Exhibit B, and in addition Bills Bank and Trust Company is granted an access easement over Woodside Drive, extended, over and across the easterly portion of the property described in Exhibit B, together with all personal properly that may inl.9'.11y belong to. ar bo or haronllor become en integral pad of said root all.].. end wboth., 'ached or detached Illial it, light RLur.s. shad.,. rads. Iliad,.v.Ao!iAn blinds, ewnin t, claim windows. storm door%, %cmun&, final..., water healer, valor '.honer• automnl;c heeling equipment and ofI,aaltachad Gdures), and hereby granling, conveyingnd mnrlgaginp a;,o All el Ilia aasernh, s.rvianf .doles appurtenant Ih... to. ,.Ali. lwus. stat. pmldt And righl to pottas%icn of raid mol at el e, and all craps r.;wd thereon from now until the debt secured Ihoruby thin: be paid in full. As In any such personal property, or fid er.%. or boll., a Security laterad hereby attaches Ihatelo. a, provided by the Uniform C.mmorcial Cod.. Said Mortgagors hereby eavnnani with Mertgagea, or tueeettor in inlareit, Iliac raid Mrdlgagort hold said real estate by lithe in fee simple: That they have good and lawful authority to all, coney and morlgngo Nm tome: flint chid promises are Free and Clear of all Uans end Encumbrances Whatsoever accept as may be above Nnlod; and said Mortgagors Covonnnl to Wertant and Deland Ilia %aid plain. hes age;nd the lawful claim, of all penons whomsoever, mc.pl es may be above staled. Each of The undenigned hemby rol;nq.1,h.s All Aghl, of dower, hoest.nd And di,IriLaivu share in And to the abava described prom. ;%e&, end weires any rights of orumplim an. et to any of said property. CONDITIONED HOWEVER, TLat If said hiortgegon %hall pay .r tout. to Ln paid to said Mortgage., or his successor in interest. &Aidtum of money which shall be legal tender in payment of all debt, and duet, public and private. at limn of payment, All AI Ilia time, ptaaa. end upon the term' provided by .net promissory note of Modgago,s to IAortgagan, of even dale horawilh. and &hall perform the .the, provisions horeol, than these present, will be void. olheo+na to remain in full forcu And effect. I. TAXES. Merfgngors Jell p,y c,0, ;n%IMImeul nl all 1,.v, An,) qu• Ld ntv:;n,•r•d' nl uy IF.d o r LrmnlV> levi•nl ngain•J .;d P•cpurly, Qf Any purl tbu•uol. b.lwn reek huenm,! debnn.enf. wiffowl.r1 .I.....,rod: '•.d'6.,tl Ir,rm nd 1,4L, n;d IAa,I. •leg.antic n ticlm r he. the fl,w, nth day c/ Acrid .A ech y,•. .. duplk.", n. tipR„1. 1 ,.+u^•pc .,Ili,.r•r' Le Il.n.... %,,h ta' .ed aue,tmeMs fhun due. Ie,yrue Al . .I all w 2. INSURANCE. Mortgagor, shell le.p in farce insurance. premiums Ilromfnr to lie prepaid w;lhoul notice or damned• againd lots *by Fla. torpedo end other hamrds, cetunll;e% end umhngenc;a% as hlorlgngoe may .•quire on pan.AAI property. A, hsrein ufnnud In. and on all of q% and L p....... is an mid prnmitm, in cnmpan;us to lin apprnvnd by IAmtgngen ;a en amount not Ion Ilan ILA lull inwatLle value of tach penon.1 property, nrd improvement&, or nal Ina Ihen Ihm enp+ld L+Inn.. b•rnin, wMchaver amount it smaller, w;IL such in. ,wane. payable to MoNgaq.rs end Mciagngee, ns their ;AWAhs may appear. IAnrlgngon shell promptly deposit such pui;c;us will, proper ,idun -;Ili rho IAorlgngae. 3. REPAIRS TO PROPERTY. fAortgagm, shell torp Ilia hrdld;nq: and odor inprovnmarih mi %n;d promnm in At gond repair and c.nddion, as sem. may now ba m nm Fume It., ploced, ordinary wnnr And tov only mcaii and dell not wlfor or commit wait. on or to said %ecurHy. a, ATTORNEY'S FEES. In case of any Acton, ur in any proca,•d;ng% ;,,any critic, h, trilled Any torn, payALle or secured by this ..,I'm A. to protect 11'. lien of fila barn:,, of the Idodgagn ;n any 06" c wp , nrmitlnd by Inv n wk;,,,ettruney Ina, umy bad a . ceded nnn fte IA.rtgngerb .r ch"'Ad .pun Ilio above db.w.b.d p .Da0l, IT,,, myr. to pay r.A,.n.hl. ammm.y leas. C,n•rmet Ie11 1r TT. la.. S." •.tub,•..., 1J.T REAL ,STAT[ MORTGAGEC•,rnmr,.ru.n, s ton Exhibit D a1t1b 5. CONTINUATION OF ABSTo. In e:onl :I eny d.fnull hmr .., t.:m lgaym,.�g,gee ^" r' oI h''"'is9°'•" pweuro an'W'.ct of sill., for se:d Fr r :es, nna ....... end ndd a Ihv m: gew�da L! r : of 11" e6v n:r continue Yon u;.h in nett upon tuc+ e.Dunm ns 6, h.ghvst Ingan... nppCC J.!+ b n n+n.r.•1 nu••.^^f c. n r,n , , , c.';,:n •.a . Ihe. et the dcf.ji let, prcid.d in the .at. ,cured ho,eby. b. ADVANCES OPTIONAL WITH MORTGAGEE. 11 e,pm:J, wiJcr::uod and :nerd 1,0 f •hn ,,..-,.ec. eb.,.e yn.H.d L -r not prompn, effected. er if the la..t m ,D-<ul oste,•nn+H e,:e,ed n .dnl �id- :h.JI bv. crr l de naent, Llu'4ege•: LhCner electing to deeleee the ..hale morlgnge due and c"VeU.bl. or nods. , , Ib., ce d .wl tu:!n.• r r,.+nc, ,h•..n p•oddad fo• +nd ,eed not. but nay cod , here,, noh d to pay cid Mie, end s,e ss mart, I. uI rn,. F. -y > , ,. of c s e er p,c,l, vai.ed 1. and e1i .ci P yme,n wish mems, In,no s •sae I I.q In.yrt: 1.1 .. I e r;n . Yego, is a eerpcmfcn. Ther. of fbe d.iealt n.e Pnuided n 11, nan :.cued h.reb,I lwm I"n" . i ,me•t I'll ie"e !:u, tlt 11 d ".nnhn,. 7. ACCELERATION OF MATURITY AND RECEIVERSHIP. P.mi i, 11 .rye•.i !h.Il if del+ul' c t Ll ",adn n dw peym.-.l ci I.,re er eny pen of i, iris..., then.,, or eny mhcr ed+nnc. n MJ;,,Yce s:rh m.y F. s• .'rd h••n'n, -d p.nypl.c .b vo •-.r :uch ., tna, ,p,.c d n•evsmem, <• -d 1 + o: ` 1 ....... L,. sl 11 f c ,r d r e sh.11 be i.;!". to comply -i", n, d , e dY of J 1. t - ,,n. t t ha Hn•g.we ii'd n r of the indebmdros mcm:d L, II„ I . ye, d, elrq r11 p 1", I r Inu d + -i dem ll becoent once by io,e,'osuru c cmc,• se +,.e I'M;, def, I .. " 1 o•en c d -r + el eny t me after it, cnmmen«mnrl d a. mien ., ic-.cluw o aur:,, I n cam Onll. et the req..+'+' of 'hcIdur'g • +PP - I o i •s n.c ( J u• I '•.e eccmrq there Lwu erd to rens or rJl .nu•" r ',n -c n., d ., ., , S ( 'l u..r,: I, rid s to eccoun! ro v.d t•long ,:or, on!, fs, the rel pros n, ef•cr pp t Yon ni ...e I o. .c c -,I: end r ru<u Lership nod Icmdm.•v wd the .n6bled,em <hnrca: e,d r,n^nus I.,.rbyc- red a+d , -mad. Aed ,e•.b, "greed. the, elver any dufeun in tbo ne; mens ,i e,nc�r an"does rr n•sr e.,.. I'll, .n aeinnb .ci br„ vtq,q•: ':'I •c•+• . teres! n nm-ul pe„_ cr .! I , dciea, r, e _ Inc nc,e :ewrud hereb,. i. DEFINITION OF TERMS. L',ic:l v!e.... ,l "t -101"i Il "ed, :no -;'d "Llc nq :-.ri' es re:i - d:de•. s.•r.,.,•-,'; -...„ ei tuei ' f.trr.,cors'-. the .. o,dN.cng, m v:d l e" n. enle„ other.,:. rq..r•:d, ..•.,:..: .r ..;.a a,,: r: - .. .. `Alonge^.e '.II wrrd, rcfnreq `'.I;r Nnnn• cr ',.1; r• -um v.l be- ,.ec;rdh.j •a rh. crn..I i+', an:•r_:':-- sxell nc'.:d.: n.. ,"Ird 7+u.' sere-!. i. The address oS the Mortgagee is. ..bills.Bank..and..Trus.L_Compa.Eu'_... Hills, Iowa 52235 rCnrl -I.ilnt•q ,%iD cute m.e In•r ., n.. u.. ur Setlinn u: Y G.Ie o! Im:., IXYi11DU7AHfdiC@)S9X1410.NR•XXXXXXXXXXX X'XX'XXX'XXXX^: "X JCe/};X;!;:'r,}C^,� X:C.`:X�}I'}.`FtA'd?R�°tti e}: °".4 RS�SFXd�i nn� X�{X�'X 3CX�SXaXi XX {3SXIX}:X}: X�(Xk �:tiX CX7: {A`,:XX%,..A_xZ:XAX, xxxX.`;XXXXX`: 114 WITNESS WHEREOF, sr•.ld Mortgagors have hereunto set 1I,eir hands the day and year first ahc.e wrifxo. —ri — T+r,cn e Ii. Williams G1/n 0. W 11iams Mortgagors STALE OF IOWA,—_.JOi:NSON-------.COl1NTY. ss: On this_Ath _day of—moi ntularyA. D. 19 --- B?., beforo me, the undersigned, a Notary Public in and lot the State of Iowa, personally appearod—rPoronre H-11 1 1 ;amsand.Glei-ys-0-.— Williams, husband and wife, to me known to be the identical persons named in and who executed the foregoing instrumont, and acknowledged that they executed the same as their voluntary act and dead. .?Ohn W..liayek : Nolory Pubic and for said County and State lord, ons origind premb.Dq nal. is ronl.mpbl.d rich IM m. el this mona.4. Imm. sCONSIDER THE STATUIE OF LIMITATIONS. dl Ihi. Iv.e cnnnll.t.. sena I.. tr.v.dden lour I., ,..n), c.Wd., the .ddubaily al mW.T th. m.turdly del. or 11414. in Inv er:vin.l nal.. MO., el DAlk ..cell by imenian In W, mmla.e.• A. Ice. L.nd fill. 6.mindien SI.nd.,d,, lobbm. IDA end 105. LL 0 V 0 V �J- m i� 0 v v 9 n .p m b° o° We K , a 0 I WEST PORTION UNIVERSITY LAKE APARTAENTS Cortumencing at the Northeast Corner of Cho Northwoe,.t Quart -_r of Section 16, Township 79 North, Ranye G west of the 5th Principal Meridian; Thence 1487°45'39"b1, 656.50 feet on the Centerline of Melrose Avenue; Thence S1057'43"F., 662.71 feet to the Northwest Corner of the tract of ground described .in the plat of survey recorded in Book 9, page 57, Johnson County Recorder's Office, said Northwest Corner of said tract being designated on that plat of survey as the Point - Of -Beginning and which is also the Point -of -Beginning of the tract described herein; Thence S88°18'58"L', 356.95 feet; Thence S4°24'53"W, 129.54 feet; Thence S10`13'44"E, 254.52 feet to a point on the Northerly line of Lakewood Addition, an Addition to Iowa City, Iowa; Thence S5301.2'00"h', 98.80 feet on the Northwesterly line of Lakewood Addition; Thence S53033' 00"W, 168.28 feet on said Northwesterly line; Thence S49010'00"W, 90.60 fort on said Northwesterly line; Thence S47009'00"t9, 66.10 feet on said Northwesterly line; Thence N87026' 00"W, 32.01 feet; Thence 1,11057'43"W, 657.66 feet to the Point -of -Beginning. Said tract of land cuntaininy 4.37 acres more or less. EXHIBIT A •,. aub i Re: cormnoncin9 at the North Quarter corns:: of. Sec. I6, Vwp. 79 N., R.6 West of the 5th I1. M.; th,:ncc North 87°52';0" West 970.37 feet along the centcrli.ne 01 !•ta.l:•ose Avenue; thence South 1°57'43" East 6G2.71 rept- along the Best side of the NE1/4 NEl/4 N191/4 of said Sec. 16 to the point of beginning; thence South 88018158" Fast 606.83 feet to the I Southwesterly right of way line of the Chicago, !tock Island and Pacific Railroad; thence South 44°55'46" East 314.93 feet along said Railroad right of s.ay line; thence South I 5o°51'00" Nest 221.97 feet to the North line of Lakewood I I Addition, an addition to the city of lows Cit;', Iowa; thence North 86026'00" West 141.30 feet; thence South 51°38'00" Nest 75.00 feet; thence North 66°lG'00" west 71.00 feet; thence South 53012'00" Nest 98.80 feet; thence South 53°33'00" Nest 168.28 feet; thence South 49°10'00" West 98.60 feet; thence South 47°09'00" Nest 66.1.0 feet to the Soutinresl j corner of Lot 1 of said La}cewood Addition; thence North 87°26'00" Nest 32.01 feet; thence North 1157'43" West 657.66 feet to the point of buyinn:.n.;. Said tract con-taining 7.47 acres, more or less. Also roadway easements described as Follows: Commencing at the North Quarter corner of Sec. 16, Twp. 79 North, 11.6 West of the 5th P.M.; thence North 8'1052'50" Nest 970.37 feet along the centerline of Melrose Avenue; thence South 1057'43" East 119.34 feet to the point of beyi.nning; thence North 44°41'20" Nest 125.83 feet along the Southerly right of way line of the Chicago, Rock Island and Pacific Railroad, to the South right of way line of Molrose Avenue; this line being the Northerly line of a 25 foot road easement; thence North 87052150" West 36.53 feet along the South line of Melrose Avenue; thence South 4.1041'20" East 179.53 feet along the Southerly right of way line of a 25 foot roadway easement to the West line of. a 22 foot roadway easement; thence South 1057143" East 506.52 feet along the Nest line j of a 22 foot- roadway easement on the Nest side of the NEI/4 NE1/4 NW1/4 of said Sec. 16; thence South 88118'58" East 22.04 feet to the East line of the. said 22 foot roadway easement; thence North 1057'43" West 520.93 feet along the Last line of a 22 foot roadway easoMc-lit; thence_ 1 North 44041'20" West 32.42 feet to the Point of beyinning. a. EXHIBIT B DA9 4 IOWA STATE EAR ASSOCIATION OFFICIAL FORM No. 15 ........... Exhibit C Lw .1 /1 FOR THE LEGAL EFFECT OF THE UL: OF THIS FORM, CONSULT YOUR LAV/y;,p PROMISSORY NOTE I 1r9 _q>_o,000_oo FOR VALUER RBC) IVIiD, the unJanuary 4 clel-signecl, each as principal, jointly and severally, promise(sl2to pay to the order of UNIVERSITY LAK APAR-ZE»M an Iowa General rt panQ0 ' ;EtIaYIa CY�t-F1 Johnson Counts__ _,-Four Hundred Ten Thousand and no100-- Iowa, the sum of with interest thereon from Janu,2 F 2. 1982 payable ___ y at the rale of - - per tent per !Llllluln 0n1BcPmP=nzch0=& as follows.' Makers shall pay $36,900.00 on January 2, 1983, and January 2, 1984. Oil January 2, 1985, Makers shall -pay $136,900.00. On January 2, 1986, Makers shall pay $27,900.00 and shall pay the balance due including all accrued interest on January 2, 1987. takers may prepay any portion of the balance at any tine without penalty and the annual payments will be reduced accordingly. See reverse side. Imvr vt, DRFYLIo uP nfurnnlJ. hull RnL k AolutlaYl rrmn thR 1 I'rlmind ""I Inmre.l uul UuiJ hen Jue .Lull Jlnv fnWnYL n Iutrr.Yt. ur npY Ouu.IbuvuL L DrindpYl, 1Lu wLulu Ynmunt ILen w umI-Pilmrnf. In evu• of roil Lorean. I:na to pny YunrueyY Ie.Y. of 5lLevpruvieiRn Lnl still Ppot'. AnJYmn....t Olt ut6v Ltiuvl.Ir �Ilm��• willu.ul u,:JFe. Address �t Ythatt;la of lWanro themd W LL• Rppiiul un .:rinefpd. IpYM .)..It In•o: • Ane and pnynAle forll:wlth, At thv "'I"- ofDUm 11-I&It xitho it nuJre.f TPp, e Yf Ilul.l'nYmelll, I•n:t'l, Rnd It.al,r• Illrrryl(. Sun•II:Y. 1•Il:li.rnl'M1 YnJ Au>r:,Ywla :,L•I.x 11. LII ..( pY...•vt uF :III ..r pp. port Lermf muy Le eYlmulnl ufwr maturity. (rum Ome w Ome, TEru�tcE rr. wu�Lu,Ms --V o U. ILL(IphLS Exhibit C m PROMISSORY IFOTI TLil 1'nnfnC lY'r, Ito, aye U This Note is secured by a second mortgage on the real estate located in Iowa City, Johnson County, Iowa, the description of which is attached and made a part hereof as well as an Assigrnrent of Rents, a copy of which Assignment is attached and made a part hereof. The real estate described in Exhibit "A" includes a structure known as Melrose Lake Apart- ments. Makers may convert said apartments to condominium units and obtain releases under the terms of this mortgage upon payment to the payee of 1/30 of the remaining second mortnage balance at the time of title transfer of each unit and payee will execute and deliver a nortgage release upon receipt of said payment. All expenses pertaining to such release shall be the responsibility of the Makers. IOWA STATE BAR'ASSOCIATIOH Exhibit D R• THE LEGAL EFFECT OF THE USE OUI LIPLEorm..No_w_r u, . urn OF THIS FOPM, CONSULT YOUR LAWYER res T t'm u.'w. wa., sewn m"mw Stir°i.k'Sw i �n REAL ESTATE MORTGAGE-IOWA l IOpem End: To Socuro Present and Future 061igaliom and Advances) I 1v1��J �lU Q�1C(�iQ made this 4th day of Jalivary A. D. 19 82 between TERII4CE !I. WILLP1,1S and GLJ.''.NYS 0. WILLIT,hIS, hushand and wife, Morlgagors of the County of Johnson , and the Stale of Iowa. and SRIIVERSTPY UWE APP yMf][:TM, an Iona General Partnership, � II Mortgageeof the County of Johnson ,end State of Ia•;a WITNESSETH: That the said Morlgagan. in consideration of- --Four Hundred Ten Thousand and no/100-- DOLLARS 410,000.00 y Mortgagee. Mortgagors. v promissory IS loaned b Mort a oro, r.ceivod 6� Marla ors, end evidenced 6 the .onsite nolo hereinafter referred to. I and inch eddllioaal loan or loans at the option of the Mortgagee, referred to in Paragraph h below, do, by these presents SELL, CONVEY Ij AND MORTGAGE, unto the said Modg.geu I� (To arca In a loin) tenancy to, more than one Mortaeaee, ase °.....rias. words the followingtop rty d R.al ,Esta) a'y'uelad in t o Coy nrar ,ono _ $lel Iowa, to wit: The property described in it "� a ace which is the westerly x.17 acres of the property described in Exhibit "B" attached. This nortgage also covers the access easexent described in Exhibit 'IB", and in addition Mortgagee is granted an access ease- Pliant ase- mnt over Woodside Drive, extended, over and across the easterly portion of the property described in Exhibit "B". 3his mortgage is inferior and subject to a Rortgago encumbering the ahove described property in favor of Hills Bank and Trust Conpany, Bills, Iowa, which is recorded I� on January 4, 1982, in Book page Mortgage Records of. Johnson County, Iowa. it 't I 1 I f I 6 together with all personal property that may integrally belong to, or Its, or hereafter become an integral part of said tool .slate, and ; whether attached or detached such as. light Edures, shades, rods, blinds. verellan blinds.awnings. dorm windows, storm doors. screens, had. Issues. alar healer, were, softener, automatic healing equipment and other attached rte, s�, host hereby granting, conveying and mors-gaging alto all of the casements, servinnt estate, appurlenant Iheralo, reals. isms. uses, profits and right to possession of said real estate. and all crops raised thereon from now until the debt secured Ihaeby shell he paid in full. As to any such personal properly, or Rrtur.s, or bath, a Security Interest hereby attaches therein. as provided by ilia Unifnm Commercial Code. t Said Mortgage,& hereby covenant with Mortgagee, or successor in interest. that said Mortgagors hold clear title to said personal prop. arty, and title in fee aimplo to said real roto: that they Kava good and lawful authority to tell, convoy and mortgage the terve: that raid promises are Fora and Clear of all Lions and Encumbr.+ncos Whatsoever except as may be above dated; end said Mortgagors Cov- .neat to Warrant and Defend the said premises and the said personal property against the lawful claims of all parsons whomsoever. esu• ceps as may be above slated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described From. I� !et and waives ell rights of eomplion, as to any of said properly. ' CONDITIONED HOWEVER. That if said Mortgigors shall pay or cause to be paid to said Mortgaged, or his wcceters, or assigns. mid sum al money which shall be legal tender in payment of all debit and dues. public and private. at time of payment, all at the time, place, and upon the terms provided by one promissory note of Mortgagors to Mortgagee, of even dale herawith, and m may be supple• l treated by loons under Paragraph 1 below, and shall perform the other provision hares,, than theso presents will be void, otherwho to to. I. main in lull force and efface. j I. OPEN-END FEATURE This mortgage shall land as security for said note, and for any and all future and additional advances I. made to the Modgagon by lie holder of said nolo in such amount or amount, to that the total of such future additional advances outstanding and unpaid at any are limo shall not ..card $ and Mortgagee i1 hereby given authority la 0. welt hilum and pdd:Nnnnl ad.,mcm to Mutgagors 4m, n. upon Ih.ir ;9m•d order or receipt, and secured at she original obligation buru,n. Such Iim;b Kon upon ilia total amount of principal shell pot be considered as limiting the amounts secured hereby if foraccruing Int. �, • ur for any amount for any psolocliva dhbvrsomenl advanced. or that may be la,od n cosh to protect the security for loan or loan accordance with the farm, and pmvidons contained in Ort, mortgage. THIS PARAGRAPH SHALL NOT CONSTITUTE A COM. MITMENT TO MANE ADDITIONAL LOANS IN ANY AMOUNT. (. 1. TARES. Mm gagors droll pay each ;r,IrVment of .11 tams and soadal assessment, of every find, now or limeafter levied against said nropurly. or any part Ihuraol Wlwa s.mo become delinquenl, without notice or demand; end shall procure and deliver to said Mortgage&. ,n n, bulore th. fifteenth do, of OUobe, of unch yen,, dupl:c.tt r,c,;pIs of the proper of7Lrs for the payment of all such taros and as. wsmu is than due. G 1. INSURANCE. Morlgagan shall leap in force insolence, premiums therefor to be prepaid without notice or demand, against lost by tire, lumsdo and oder hnurds, Casualties and cony gencim, at Mortgages, may require on personal property at herein refanad Io, end on all L.Rdin9s mid impmvempnh, in .pommies to be nppmved by Modgagco in m amount not Ins than the full insurable value of such personal properly and Imprevenumis os nor last than ilia .np.+W balance heroin. whichever amount it smaller, with such insurance p•es.bl. to M0r19a9c," and Modgagac as their Wrrnl:.n,, .,peer. Mvtg.9w% shell prompity deposit such policies with proper .;dors .;It, If.. Mmi,eig.u. � a. REPAIRS TO PROPERTY. 1.larlgag ars 60: laep Oro hulldmg: and albs improvemunit on said promises in as good repair and candipon st same may now be or aro herunllsur pl..cud, m,fin.vr weer and tear only u.cupted; and shall not toiler or commit waste on sur la said security, S. ATTORNEYS' FEES. In ease cl •-, actlan, o any rvoceudh.gs in any court, Io collect any mins payable or memed by this .. nose g.ga, or fu protect Iho :en or G in of this :lortganeo. or in any other ccso permitted by law in which altornoy feet may bis ---mll.clud from Mortgagors, or rt tLed)uL`M1em.lbod p.upaily. Mortgagers agroo to pay reasonable allam.y (a.%, 5U Cop,,;ohl Itis a, ser lo.. He.. lir A,n -, - ,— s+ s .rat. nc.yt iart rr--- o. CONTINUATION OF ABSTRACL If ew: res nl an, ded.vll h.:whi b, IAnrgngos. I age ray. el ,h.: a,orn:u of bLa1 o%.gm: peau.. ern nhar.+p ul brie, or e'N,h tiiaoul, fur dead peed set. and elmni. n d to Ila morfgaqu dent she cost of sues• .burnt' or cenlinavian wf), in larusl c such ctpols. al rhu defae!1 raid provided in Ihu not. hereby. 7. ADVANCES OPTIONAL WITH MORTGAGEE. !I is spoessly understood and agreed that if the insurance above provided for it nut d.mpll, affected, or if tlo Imes or special ait.Rmanls atussed fe;.0 tnid properly shall become detinquant. Mrarlgags. (wh.l'al electing to declare the whole mortgage out, sold Celli or moll, nary find ndnd nod( affect Iho inmmnee shove provided for. and need .at. but may and is l a tby authorized to pay suid Imes end special a ... ssmenh finegelarilies in Ib. levy or assessment of raid tares being a.prmsly wetted), and all such payments wish inlereso thereon al the defeett rete p,.:;d d in the nota secured hereby from lime of payment shall be a ;;an against said promises. B.I. ACCELERATION OF MATURITY AND RECEIVERSHIP. h it enrued that if default shall be made in the payment of smut rack. o, any part of ff.. interest Horace. or any other advance or obligalr_n which may be ..cured foreby or an, agreed prafeclite disburse mon'. such as lases. special astessadmis. insuranco and repairs, or it Marlgngors shell wff.., or commit wsso on or to said security, or it ,hero shell be a failure to comply w'Jh any and every condition of shit a.ouga,.. than• at do rip ;a, of to Morigogee, said roto enc So .hole of the indebtedness secured by dos mortgage. indud in9 ell n+vmvn"• for tenet. a ,t men's nr insurance premiums. shnll become due and shed became collectible at once by foreelnsuro or alhe.w Au .der +uc!, def.rrdl ar (.Muse, and witlmul notice of bro:en conditions' and at any time alter Ihu commencement of an action in fcoclesee. or dieting I' c Fedcd of redemption• rhe court hating jurisdiction of the case thrill, el the request of the Mortgagee• appoint a mcaivor to late irrmedink pottession f aid ptonetly, and of Iha ,cels and profits accruing therefrom, and to rent or cultivate the same as he may deem bail i••r ,he interest J oil spatial concerned. and shall be Cable to account to said Mo,gigers only for Iho net prefile, lifer ap P'cn Yew of m+s. iswes and prefils upon the eats and mpemes of the meow. .slip and foreclosure and the indebtedness, charges end e.peme, %lt secured and humin mentioned. And i, is forest, agreed. fhel aide any default in the P"olint of eJhe, w:wc,pal or :derail. ucl, , n., in carr,'+ n ce,nd by Il•p ed r' gaga Thal, draw in leresl at the doieult at. prodded in no role oscuod Laeby. 8.7. SIX MONTHS' AND 60 DAY PERIOD FOR REDEMPTION. It :, lurlhde ..rood runt If this mortgage towels loss than 10 acres of !and. and in the .vont of rhu looelosure of this merlgaga and %ala of tiiu povert, by herifi, dale in such food..... proceed in 9,. In., trine of an. seer I., radempGon from said sale provided by the alatuet of the Stela of Iowa sliall be reduced to 6 months provided the Mortgagee• in secs ecl:.n filet on election to waivu any de Fciency ;udgmeet against d'n 1.lorlgogdrs which may write our of ,he foreclosure proceedings: .0 to he conilslent With the p,otido ns of Chapter 628• Code of Iowa. It h further lorded that the period of o demi oiler o foreclosure of .64 mortgage shelf be reduced to 60 days it .II of IS. tho.e following cenliearocies d.,a!ap: (II Thu mor,gaged left avate herein is loss than 10 acres in sits: (2) the Court Ends slirmativol, that said owl aunte hos bean abandoned by the owners and those persons rationally liable vocal this o tgagu of the time of o.cl, faradourc end (71 It, Mortgagau in such action filet an eleeGon to waive any deficiency iadgmonl ngaind the Mortgagors or their seccetso, hr interest in such wdion. If Ile redemption period is so led -cod. the Marlgngors m their sect duos in interest or the awn., that fay. IS. eoletive right To ,.dean. for the first 70 days alter such sola, and the time provided for odemplkon by creditors at provided in Sections 0,28.r. 628.15 and 628.16 of Ile Code thrill bo reduced to 40 days. Emir, of appearance by pleading ad docket entry by or on behmif of the )Aorigagors shill be a presumption that the properly is not abandoned. Any such short oclumpito period shell he cnmklent with all of The provisions of Chnpler 40A, 62nd G. A., nmdnding Chapter 628. Code of Iowa. 9. DEFINITION OF TERMS. Unl.ss odvurwito .+great, staled the word "Id.lganmt", ns food here, includes successors in interest of secs "IAo.tgagorA'; the "Morlgig.e'. as used herein, unless otherwise erprdub, doled, includes the successors in inkosl of such IA.'t- gogia". All aids til ing to "t.lodgagor" or "Mortgage." shell be camlmed to be al Ilio appropriate gond., and number, according ,a the consuls. This conpmcaian %lull include the adnowl0d9m.nl heool. 10. The address of the Mortgagee Is(Street end ❑smbeq (City) (state) )Zip Code) (See last sentence of Sectlan 447.9 LCA.) It. ADDITIONAL PROVISIONS. Tho following addilianal ptovitims are hereby incorpomled horcin: (Insert date of final pay. meet If deslredl The data of IS. feel payment of the principnl obligation heroin. the one prone nolo above referred to it January 9, 1982 1 Do 1.) IN WITNESS WHEREOF, said Morigago s have hereunto tet their hands the day and vs., first .boyo written. 7. A L L. G • 4YS 0. WIL IRIS Mortgagor STATE OF IOWA, Johnson COUNIY, sea On This 4di day of Ja1TU'UN A. D. 19_82 _.. before no, lite undersigned. a fluidly Public in and for the Sate of Iowa, pertict oppe.tred __ Terence_II,_[4i,lliams and Glenys 0. Willi.ans, hushand cmf knife, to and known to be the identical persons named in latest of their voluntary act and dead. du Q LD 0 a 0 F u H it and acknowledged that they crusaded the oPublic in and for the Sale of town vo p n oa P a so _ a, F 0 V N O r o ° 9 v LL R o as I 1 i J Ii rN21MIT "P" WEST PORTION UNIVERSITY LAKE APARTMENTS Commencing at the Northeast Corner of the Northwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N87045'39"W, 656.58 feet on the Centerline of Melrose Avenue; Thence S1°57'43"E, 662.71 feet to the Northwest Corner of the tract of ground described in the plat of survey recorded in Book 9, page 57, Johnson County Recorder's Office, said Northwest Corner of said tract being designated on that plat of survey as the Point - Of -Beginning and which is also the Point -Of -Beginning of the tract described herein; Thence S88°18'58"E, 356.95 feet; Thence S4024'53"W, 129.54 feet; Thence S10013'44"E, 254.52 feet to a point on the Northerly line of Lakewood Addition, an Addition to Iowa City, Iowa; Thence S53012'00"W, 98.80 feet on the Northwesterly line of Lakewood Addition; Thence S53033'00"W, 168.28 feet on said Northwesterly line; Thence S49010100"W, 98.60 feet on said Northwesterly line; Thence S47°09'00"11, 66.10 feet on said Northwesterly line; Thence N87026100"W, 32.01'feet; Thence N1°57'43"W, 657.66 feet to the Point -of -Beginning. Said tract of land containing 4.37 acres more or less. P.1:EIIBIT "A" �� En:IBIT "B° -• Commencing at the North Quarter corner of Sec. 16, TwP• 79 N., R.6 West of the 5th P.M,; thence North 870521501 - 'lest 970.37 feet along the centerli thence South 1°57'93" ne of Melrose Avenue; East 662.71 feet along the West side Of the NEI/4 NE1/9 N'11/4 of said beginning; thence South 88 18 58 Sec. 16 to the East 606.83 fepoint of Southwesterly ' . right of way line of tet to the he Chicago, Rock Island and Pacific Railroad; thence South 44055'48" East 314,93 feet along said Railroad right of 50°51'00" [lest 221,97 feet othe North way 1line tofnLakewood Addition, an addition to the city of Iowa City, Iowa; thence. North 86°26'00" West 141,30 feet; thence South 51°38'00" West 75.00 feet; thence North 66°16'00" [Jest 71,00 feet; thence South 53°12'00" West 98.80 feet; thence South 53°33'00" West 168,28 feet; thence South 49°10'00" West 98.60 feet; thence South 47°09'00" West 66.10 feet to the Southwest corner of Lot 1 of said Lakewood Addition; thence North 87°26'00" west 32,01 feet; thence North 1°57'43" West 657.66 feet to the point of beginning. Said tract con- taining 7,47 acres, more or less. Also roadway easements described as follows: Commencing We the North Quarter corner of Sec. 16, Twp. 79 North, R.6 *Jest Of.corner P.;•!•; thence North 8705215o,• West 970,37 ��5�'13 9 the centerline of Melrose Avenue; East Il thence South North 44°41'20" [gest �eet to the point of beginning; thence Of way line of 25.83 feet along the Southerly right to the South right Of-c"90,IRock Island and Pacific Railroad, being the Northerly- y line of Melrose Avenue; this North 87052150° West 36.53 fne Of a 25 foot road easement; line Melrose Avenue,. tt �3 feet along the South I, thence alonHence South 44°. ire of 9 the Southerly right oP wayit 20' Last 179.53 feet easement in to the west line of a 221footoroad25 'Oo teasroadway thence South roadway Bast 506.52 feet along _the [gest line Of a ''-2 foot roadwa easement on the West side of the East NL04 feet/tootlne(iid SeC. 16; thence South 88.18,58" East 22, easement; thence North i°57'4ineOf 14estthe said93 f22:Coot roadway the East line of a 22 foot roadway easement; along North 44°41'20" West 32,42 feet to tine thence Point of beginning, 6146 raa!IBIT "B" February 2, 1985 :CITY. CLERK John McDonald, Mayor Iowa City Council Civic Center 410 E. Washington St. Iowa City, Iowa, 52240 E Dear Mayor McDonald, I We own property at 1012 Tower Court, on the north side of the - street. Our property intersects with the Neuzil tract, which you are currently discussing in relation to a downzoning request. We support that request. As you are aware, the area under discussion also includes property which is part of the current Melrose Lake area. Dr. and Mrs. Williams have purchased some of that property with dopes of constructing another apartment complex. We already have too many apartments within the area under discussion. If you would come to the area during the morning hours, or when the shifts let out at the hospital, you would understand the congestion which the apartments have caused. The streets are inadequate to handle the amount of traffic which is encountered. Apartments have been built almost in the bark yards of property owners on the south side of Tower Court, one by the same Dr. and Mrs. Williams. This newest acquisition by the Williams might just have to be written off as a bad business investment. The downzoning of the Neuzil tract is of more immediate concern to us. We appreciate the feelings of the Neuzil family in trying to hold on to a potential income producing property, and selling it for as much as possible. Even with the downzoning, and if the city decides not to purchase the area for a park, the property would still bring in excess of 21 million in profit. To our way of thinking that is not a bad insurance policy as Mr. Jack Neuzil characterized the property at your last council meeting. Sincerely yours, Jeffrey A. Knox, Ph.D. Audrey A. Knox 1012 Tower Court Iowa City, Iowa, 52240 Al a k E 0 FEU 11 1985 February 2, 1985 :CITY. CLERK John McDonald, Mayor Iowa City Council Civic Center 410 E. Washington St. Iowa City, Iowa, 52240 E Dear Mayor McDonald, I We own property at 1012 Tower Court, on the north side of the - street. Our property intersects with the Neuzil tract, which you are currently discussing in relation to a downzoning request. We support that request. As you are aware, the area under discussion also includes property which is part of the current Melrose Lake area. Dr. and Mrs. Williams have purchased some of that property with dopes of constructing another apartment complex. We already have too many apartments within the area under discussion. If you would come to the area during the morning hours, or when the shifts let out at the hospital, you would understand the congestion which the apartments have caused. The streets are inadequate to handle the amount of traffic which is encountered. Apartments have been built almost in the bark yards of property owners on the south side of Tower Court, one by the same Dr. and Mrs. Williams. This newest acquisition by the Williams might just have to be written off as a bad business investment. The downzoning of the Neuzil tract is of more immediate concern to us. We appreciate the feelings of the Neuzil family in trying to hold on to a potential income producing property, and selling it for as much as possible. Even with the downzoning, and if the city decides not to purchase the area for a park, the property would still bring in excess of 21 million in profit. To our way of thinking that is not a bad insurance policy as Mr. Jack Neuzil characterized the property at your last council meeting. Sincerely yours, Jeffrey A. Knox, Ph.D. Audrey A. Knox 1012 Tower Court Iowa City, Iowa, 52240 Al V Veterans Administration February 6, 1985 Medical Center Iowa City IA 52240 RE CE IVED FEB 7 1985 In Reply Refer To: 584/05 Mayor John McDonald City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor McDonald: I would like to take this opportunity to speak on behalf of the Mayor's Youth Program, Johnson County. As you know this VA Medical Center is the second largest employer in Johnson County and is actively affiliated with the University of Iowa as a teaching facility. The training programs range from administrative to direct patient treatment and care. I fully support the Mayor's Youth Program and believe additional funding would result in providing the youth of Johnson County an opportunity to learn a useful skill as well as being productive citizens within our community. If I may be of further assistance to you in regard to this program, please feel free to call me. Sincerely, C. W. CALLEN Personnel Management Specialist VAMC, Iowa City, Iowa 52240 Phone (319) 338-0581, Ext. 228 cc: Peg McElroy i Mayor's Youth Employment 620 America is NI—Thanks to our Veterans" F LE ', FEB 1985 CITY CLERK February 6, 1985 Mayor John McDonald and the City Council City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor McDonald and Council Members: I The Board of Directors of the Greater Iowa City Area Chamber of Commerce has voted to support a franchise agreement between Iowa -Illinois Gas and Electric Company and the City of Iowa City. The franchise agreement would continue the service which Iowa -Illinois has provided the residents of Iowa City for many years. The Board of Directors opposes the proposal for a franchise fee, as part of this agreement. The Board took this position after receiving a report from the City Relations Committee of the Chamber, which investigated and reviewed the proposed franchise fee Idea with representatives from the City and the utility company. (A committee report is attached.) We urge the City Council to support a new franchise agreement with Iowa -Illinois Gas and Electric Company. Respectfully, ls v[ WI 1[s B. S water, President Greater Iowa City Area Chamber of Commerce Enclosure. Greater Iowa City Area Chamber of Commerce P.O. Box 2358 Iowa City, Iowa 52244 (319) 337.9637 9049 T FED i 1985 Iowa City • Iowa 9 _ a CITY CLERK 0 February 6, 1985 Mayor John McDonald and the City Council City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor McDonald and Council Members: I The Board of Directors of the Greater Iowa City Area Chamber of Commerce has voted to support a franchise agreement between Iowa -Illinois Gas and Electric Company and the City of Iowa City. The franchise agreement would continue the service which Iowa -Illinois has provided the residents of Iowa City for many years. The Board of Directors opposes the proposal for a franchise fee, as part of this agreement. The Board took this position after receiving a report from the City Relations Committee of the Chamber, which investigated and reviewed the proposed franchise fee Idea with representatives from the City and the utility company. (A committee report is attached.) We urge the City Council to support a new franchise agreement with Iowa -Illinois Gas and Electric Company. Respectfully, ls v[ WI 1[s B. S water, President Greater Iowa City Area Chamber of Commerce Enclosure. Greater Iowa City Area Chamber of Commerce P.O. Box 2358 Iowa City, Iowa 52244 (319) 337.9637 9049 City Relations Recommendation January 1985 The City Relations Committee recommends that the Board of Directors of the Greater Iowa City Area Chamber of Commerce support a franchise agreement between the City of Iowa City and Iowa -Illinois Gas and Electric Company. Also, that the Chamber opposes the proposal for a franchise fee on utility bills for the following reasons: 1. The CIty has not demonstrated a need for the use of the funds generated by this fee. 2. The decision to add a fee to be charged to the residents of Iowa City Is significant enough that j It should have been on the November 1984 general election ballot. This would have provided better I representation of the voters, than would be received during a special election. 3. The fee is an Imposition of an additional tax to the citizens. 4. HACAP Is providing energy assistance and weatherizatlon assistance to people who demonstrate a need. 5. The fee Is a method to generate funds that normally would come from the general fund. G. The fee will Increase utility costs by at least 1: compared to other communities. This will effect our ability to compete equally for retaining present businesses and attracting new businesses. 7. Iowa -Illinois G&E has participated actively In helping residents with energy conservation and weatherization Including providing energy audits, collection of voluntary fees to aid persons with j demonstrated need and providing general recommendations on weatherizatlon without having additional fees Imposed on them. S. The City and Chamber should urge citizens to contribute to voluntary funds to aid persons who need aid with their power bills. j 9. The 1: fee will be an additional charge on all users Including those who can least afford to pay i this additional cost. Submitted, Verne Nelson for the City Relations Committee A49 RESOLUTION 85-35 A Resolution authorizing the execution of a Memorandum of Agreement with Southgate Development Company, Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the ."Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, for an urban renewal area designated as such pursuant to Chapter 403 before July 1, 1979; and WHEREAS, the Issuer had adopted a Neighborhood Redevelopment Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and has designated an area within the Urban Renewal Area as a Chapter 403 area eligible to apply for industrial revenue bonds and in furtherance of its efforts to carry out the Urban Renewal Plan for such area and the Issuer proposes to issue its revenue bonds pursuant to the Act and loan the proceeds thereof to Southgate Development Company, Inc. (the "Company") to finance the renovation and rehabilitation of the Company's existing 24,500 sq. ft., four story building located at 325 East Washington within the Urban Renewal Area for use as office and retail space. WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to'issue its revenue bonds for such purpose; NOW, THEREFORE, HE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this j Resolution to be in substantially the form, text*and containing the provisions set forth in Exhibit A attached hereto. Section 2. officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- 9ELIN HARRIS NELIACK .. APTNFv t TMELL nwvpuc .CFC 1.10--1Eq •nWA A 7D Section 3. That all resolutions and parts thereof in conflict 6 herewith are hereby repealed to the extent of such conflict. �• I i � 1 I 1 � O• t j Section 3. That all resolutions and parts thereof in conflict 6 herewith are hereby repealed to the extent of such conflict. �• I 1 1 � O• j Section 3. That all resolutions and parts thereof in conflict 6 herewith are hereby repealed to the extent of such conflict. �• EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Southgate Development Company, Inc. (the "Company"). 1. PreliminaryStatement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the•City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan for an urban renewal area designated as such pursuant to Chapter 403 prior to July 1, 1979. (b) The Issuer adopted a Neighborhood Redevelopment Plan (the "Urban Renewal Plan') for the Urban Renewal Area designated therein (the "Urban Renewal Area') and has designated an area within the Urban Renewal Area as a Chapter 403 area eligible to apply for industrial revenue bonds and in furtherance of its efforts to carry out the Urban Renewal Plan for such area the Issuer proposes to issue its revenue bonds pursuant to the Act and loan the proceeds thereof to Southgate Development Company, Inc. (the "Company") to finance the renovation of the Company's existing 24,500 sq. ft., four story building located at 325 East Washington within the Urban Renewal Area for use as office and retail.space. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in an aggregate principal amount not to exceed $1,100,000 which the Company estimates will be sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $1,100,000. -4- BELIN HARRIS HELMICK ueART-1" L Tccpn_L .r p;rcR ^cc l.no,cc .OWA ^7O (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. -5- -, -AamC t Tccru.. a:. rcn: cc •di •." '•� o 7d (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance. of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this 12th. day of February , 1985. �Y. (Seal) (Seal) Iowajcity, Iowa ��By ayor Sthga Devel ent Company, Inc. By -6- ?EUN HARRI$-EL--'WueAMT-JEV % IeFrnLL ap;vcve -ice 1.11 %•c "WA ago i Iowajcity, Iowa ��By ayor Sthga Devel ent Company, Inc. By -6- ?EUN HARRI$-EL--'WueAMT-JEV % IeFrnLL ap;vcve -ice 1.11 %•c "WA ago B State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Southgate Development Company, Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this ,7th day of rphnwn. , 1985. (seal) -7- r'„ City of Iowa Cit"; MEMORANDUM Date: January 24, 1985 To: City Council From: Rosemary Vitosh, Director of Finance Re: IRB Application - Southgate Development Company Southgate Development Company, Inc. has submitted an application to the City for the issuance of up to $1,100,000 of Industrial Revenue Bonds to finance the renovation and rehabilitation of the building at 325 East Washington Street (the Elks building). Staff review of the application and the proposed project show no legal or financial problems which would have a negative impact on the Council's consideration of this request. The building is to be known as "Washington Street Place." Promotional material states that the 24,500 square foot building "is being renovated to its original monumental character with the modern conveniences of elevator service, energy efficient windows, HVAC and a landscaped entry." The application provides the following justification for how IRB financing will enhance the project. "Southgate Development seeks to finance the renovation of the old Elks Club Building at 325 East Washington to enhance its usefulness to the community. We feel the building'is ideally situated as an office building with some retail 'space. Through the use of IRB financing we will be able to renovate the project in a first class manner and be able to provide leasable space at a competitive market rate." The project's design plans have been reviewed by the Design Review Committee. Because minutes of their meeting are not yet available, the attached memo from Karin Franklin summarizes the result of the Committee's review. bdw/sp Attachment a40 f� } 1 i i Y i I _ City of Iowa Cif MEMORANDUM Date: January 24, 1985 To: Rosemary Vitosh, Director of Finance From: Karin Franklin, Senior Planner i� Re: IRB Application - 325 E. Washington Street The Design Review Committee, at its meeting January 16, 1985, enthusias- tically recommended by a vote of 8-0 approval of the design plans sub- mitted by Myles Braverman for the renovation of the Elks Building at 325 E. Washington Street. tp4/2 a7O i _ City of Iowa Cif MEMORANDUM Date: January 24, 1985 To: Rosemary Vitosh, Director of Finance From: Karin Franklin, Senior Planner i� Re: IRB Application - 325 E. Washington Street The Design Review Committee, at its meeting January 16, 1985, enthusias- tically recommended by a vote of 8-0 approval of the design plans sub- mitted by Myles Braverman for the renovation of the Elks Building at 325 E. Washington Street. tp4/2 a7O I a. I I I \ r_ Please Return 11 BELIN, HARRIS, K Prolan, al DRIINEY & IESDELL er Des Moines, Iowa 50309 Proceedings Fixing Date for Hearing IDR -4051 (NIII) Iowa City, Iowa February 12, , 1985 The City Council of Iowa City, Iowa, met in re liar session on the 12th. day of February , 19W, a985 t 7:30 o'clock, n •m., at the Civic Center Council C ambers , in Iowa City, Iowa. The meeting was called to order and there were present john McDonald , Mayor, in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, Strait, Zuber Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Ambrisco introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project)", and moved its adoption, seconded by Council Member Dickson After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Nays: Absent: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson, Erdahl None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. on motion and vote, the meeting adjourned. ayor Attest: Cit Clerk (seal) -1- -r�y RESOLUTION 85-36 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds Project) (Southgate Development Company, 3 WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, of as amended (the "Act") to issue revenue bonds for uction orthe purchaose land, financing the cost of acquiring, by buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the an plan Issuer aas n urbanrrenewaldareafinds designated sastsuch ent wpursuant ith an rtn ing to Chapter 403 before July 1, 1979; and WHEREAS, the Issuer had adopted a Neighborhood Redevelopment. Plan (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and has designated an arewithin the Urban Renewal Area as a Chapter 403 area eligible to apply for industrial revenue bonds and in furtherance of its efforts to carry out the Urban Renewal Plan for such area and the Issuer proposes to issue its revenue bonds pursuant to the Act and loan the proceeds thereof to o Southgate Development Company, Inc. (the "Company")finance 24,500 inancesq. ft., the renovation and rehabilitation of the Company's existing Rfour story enewal Areauforluselasated at 325 East office and retailaand within the Urban space; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $1,100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the ;oblia.asuur and the Company upon mu?vallthecPzlincipaltofmandthe redemptionion of which will be sufficient to pay premium, if any, and interest on the Bonds as and when the same shall be due and pay able; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- I j i I I i � i i I i V I j i I I i � i i I i Section 1. This Council shall meet at the r;v;r rcnrar in Iowa City, Iowa, on the 19rh day of Mnrrh , 1985, at 7:30 o'clock, p.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in IowaCity Press -Citizen a newspaper published and having a general circulation witnin the Issuer. The notice shall be in substantially the following form: -3- :c, ., �aan.c .: ai •iii q ..can^icv , -r..rur, :.�'. .. i.. -r. .�, ' ��I NOTICE OF INTENTION TO ISSL INDUSTRIAL DEVELOPMENT REVENUE BONDS (Southgate Development Company, Inc Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 12th day of March, 1985, at the Civic Center, in Iowa City, Iowa, at 7:30 o'clock, p.m., for the purpose of con- ducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the 'Issuer, in an aggregate principal amount not to exceed $1,100,000 (the "Bonds"), and to loan said amount to Southgate Development Company, Inc. (the "Company"), for the purpose of defraying all or a portion of the cost of the renovation and rehabilitation of the Company's existing 24,500 sq. ft. four story building located at 325 E. Washing- ton within the Urban Renewal Area for use as office and retail space. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place affixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution deter- mining whether or not to proceed with the issuance of the bonds. Written comments may also be submitted to the Issuer at 410 E. Washington Street, Iowa City, Iowa 52240. Written comments must be received by the above hearing date. By order of the City Council, this 12th _ day of February , 1985 — oll NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Southgate Development Company, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 12th day of March , 1985, at the Civic Center , in Iowa City, Iowa, at 7:30 o'clock, .m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $1,100,000 (the "Bonds"), and to loan said amount to Southgate Development Company, Inc. (the "Company"), for the purpose of defraying all or a portion of the cost of the renovation and rehabilitation of the Company's existing 24,500 sq. ft. four story building located at 325 East Washington within the Urban Renewal Area for use as office and retail space. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted to the Issuer at 410 E. Washington. Iowa City, Irnca Written comments must be received by the above hearing date. By order of the City Council, this _ day of , 1985. We sent the newspaper form copy instead. -4- ;Ft -J iApniti rm1.:.�Pv, urnpnJFY 5 ...hFtt I1%yvFMe ..rc y.p•;ce 10%VA all Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 12th. dy of February 1985. 1 w i i i Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 12th. dy of February 1985. 1 w H State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) in an aggregate principal amount not to exceed $1,100,000. WITNESS my official signature and the seal of said City this 17rh. day of February , 1985. (Seal) Ci ty Clerk j -6- -. rl or .+:.n uic ur�•.li^w .a: arrr yr ;-r.rvii. '�:. .:. ... .. t.a V�I RESOLUTION NO. 85-37 RESOLUTION AUTHORIZING EXECUTION OF.AN AGRFZTNr WITH THE UNIVERSITY OF IOWA WHEREAS, the City of Iowa City, Iowa, has negotiated an _agreement with the University of Iowa a copy of said agreement being attac ed to this Reso ution an by tis reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement, which defines the responsibilities of each party regarding the intersection and storm sewer improvements at Byington Road and Melrose Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the University of Iowa 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Zuber that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 12th. day of February, 19 85 . t4 l.l� MAYOR ATTEST: ll9o.trg2 i 1 -CITY CLERK Rocelved P F.pn:ove:: L6 I i RESOLUTION NO. 85-37 RESOLUTION AUTHORIZING EXECUTION OF.AN AGRFZTNr WITH THE UNIVERSITY OF IOWA WHEREAS, the City of Iowa City, Iowa, has negotiated an _agreement with the University of Iowa a copy of said agreement being attac ed to this Reso ution an by tis reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement, which defines the responsibilities of each party regarding the intersection and storm sewer improvements at Byington Road and Melrose Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the University of Iowa 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Ambrisco and seconded by Zuber that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 12th. day of February, 19 85 . t4 l.l� MAYOR ATTEST: ll9o.trg2 i 1 -CITY CLERK Rocelved P F.pn:ove:: L6 B I 0 AGREEMENT This agreement is entered into this 7 -CA day of , 198,5' by and between the City of Iowa City (hereina er called City) and The University of Iowa (hereinafter called University). WHEREAS, the University has undertaken the construction of a new Law Building and parking facility east of and adjacent to Byington Road and over a portion of vacated Melrose Avenue east of Byington Road; and WHEREAS, the City and University agree that intersection and storm sewer improvements at Byington Road and Melrose Avenue are desirable to improve traffic flow and handle storm water flow; and WHEREAS, the improvements shall consist of complete removal of concrete pavement at the Byington Road and Melrose Avenue intersection and replacement with: portland cement concrete pavement including the construction of a 75 foot inside curb radius, and the installation of two storm inlets with necessary storm sewer outlet piping; NOW, THEREFORE, in consideration of the premises and mutual covenants stated below, the parties agree as follows: 1. Subject to design approval of the City's Director of Public Works, the University will be responsible for design, inspection, and construction management services and costs thereof. The University's consultant shall consult with the City's Director of Public Works during the design phase to ensure that the design is acceptable to the City and meets the City's design standards. 2. The University will be responsible for all storm sewer construction costs, including storm inlets. 3. The City will be responsible for the Melrose Avenue/Byington Road paving : removal and reconstruction costs. i � I 4. The Universitywill dedicate for public use, as appropriate, such additional right-of-way, including deeds and descriptions thereof, as may be necessary. S. Upon completion of the project, the City shall reimburse the University for its share of the construction costs. FOR THE CITY OF IOWA CITY FOR THE UNIVERSITY OF IOWA By: c„ti 4. J. Wnnegan 0,0 hn McDonald, Mayor Assoc.Business Manager Attest: Attest: ( ( City Clerk •nD/ a c to '. 1 RESOLUTION NO. 85-38 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS, THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR THE DELIVERY OF PLANNING SERVICES BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, it is in the mutual interests of the member agencies of the Johnson County Council of Governments to enter into an agreement providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1983, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor be authorized to execute and the City Clerk to attest this agreement. 2. The City Clerk shall file the agreement with the Secretary of State and the Johnson County Recorder. It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 12th, day of tebn1a1y 1985. R ATTEST: CITY CLERK "er^h4�d A AoA►ered I I �cy� lirnnRf f RESOLUTION NO. 85-38 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS, THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR THE DELIVERY OF PLANNING SERVICES BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, it is in the mutual interests of the member agencies of the Johnson County Council of Governments to enter into an agreement providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1983, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor be authorized to execute and the City Clerk to attest this agreement. 2. The City Clerk shall file the agreement with the Secretary of State and the Johnson County Recorder. It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 12th, day of tebn1a1y 1985. R ATTEST: CITY CLERK "er^h4�d A AoA►ered c:• .� ;.;i �cy� lirnnRf a 73 RESOLUTION NO. r,2- /,/ -s -I A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS, THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR THE DELIVERY OF PLANNING SERVICES BY THE JOHNSON COUNTY COU14CIL OF GOVERNMENTS. WHEREAS, it is in the mutual interests of the member agencies of the Johnson County Council of Governments to enter into an agreement providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1983, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, IOWA, THAT: 1. The Chairperson be authorized to execute and the County Auditor to attest this agreement. It was moved by Sp h (- and seconded by he i<o (lrp l5 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Donnelly Langenberg x Myers X_ Ockenfels %_ Sehr Passed and approved this /,el day of Ohl-tjo-a4 1985. �J/GEUHAIRPERSUN ATTEST: �rtrn $ IucVi Q) �n COUNTY AUDITO9R �—�p� 4 73 i IMPLEMENTATION AGREEMENT This agreement is entered into by and between the Johnson County Council of Governments, hereinafter referred to as JCCOG, Johnson County, hereinafter referred to as County, and the City of Iowa City, hereinafter referred to as City. WHEREAS, it is in the mutual interests of the County, City and JCCOG to enter into an Agreement providing for the delivery of planning services by JCCOG; and WHEREAS. Chapter 2BE of the Code of Iowa, 1983, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY, THE COUNTY AND JCCOG as follows: 1. SCOPE OF SERVICES: A. All staff responsibilities, services and duties to be performed by or on behalf of JCCOG shall be performed solely by employees of the City i or the County, pursuant to the provisions herein. B. The City shall provide the part time services of the following City staff members: Planning and Program Development Director, who shall serve as Director of the JCCOG staff, Secretary, and Minute Taker. Personnel costs, including payroll taxes and benefits, for these positions shall be paid by the City. Administrative and support casts incurred for services performed by persons in these positions � I on behalf of JCCOG shall be charged to JCCOG, as provided below. C. In addition, the City shall provide to JCCOG the full-time services of a Transportation Planner and an Assistant Transportation Planner and the part-time services of a Technical Assistant, Community ... . _....... ..... ... a 7-1 Z Assistance Coordinator, and a Human Services Planner. All personnel, administrative and support costs incurred for these positions will be paid from the JCCOG accounts, as provided below. 0. The County shall provide the services of a Senior Planner to serve as the Division Head of the Rural Planning Division, It is agreed that the Senior Planner in addition shall continue to provide to the Board of Supervisors and the County Zoning Commission those services required of his/her position with the County. The Senior Planner shall remain a County employee and all personnel costs, including payroll taxes and benefits, shall be paid by the County. All administrative and support costs incurred by the Senior Planner shall be charged to JCCOG, as provided below. E. JCCOG shall provide to the County, City and other member agencies planning services consistent with Article III of its Amended Articles of Agreement, as directed by the JCCOG Board of Directors and Rural Policy Board. The duties and responsibilities assumed herein by the County and City shall be in addition to those established for the two members, Pursuant to Article VII of the amended articles. it. ACCOUNTING SERVICES: As a repository for funds out of which disbursements shall be made, an accounting system for JCCOG shall be established by the City. Accounts for JCCDG shall be established within the City General Fund and costs assessed to JCCOG shall be charged to the appropriate account. Monthly and quarterly tabulations of expenditures incurred by JCCOG shall be provided by the City. 111. INDEMIIIFICATION: The parties to this Agreement hereby agree to mutually defend and idemnify each other, and their respective officers, employees, and agents, fro. any and all lixhility, loss, cost, damage and expense resulting from, arising out of, or incurred by reason of any claims, A 73 1 � I i I 1 Z Assistance Coordinator, and a Human Services Planner. All personnel, administrative and support costs incurred for these positions will be paid from the JCCOG accounts, as provided below. 0. The County shall provide the services of a Senior Planner to serve as the Division Head of the Rural Planning Division, It is agreed that the Senior Planner in addition shall continue to provide to the Board of Supervisors and the County Zoning Commission those services required of his/her position with the County. The Senior Planner shall remain a County employee and all personnel costs, including payroll taxes and benefits, shall be paid by the County. All administrative and support costs incurred by the Senior Planner shall be charged to JCCOG, as provided below. E. JCCOG shall provide to the County, City and other member agencies planning services consistent with Article III of its Amended Articles of Agreement, as directed by the JCCOG Board of Directors and Rural Policy Board. The duties and responsibilities assumed herein by the County and City shall be in addition to those established for the two members, Pursuant to Article VII of the amended articles. it. ACCOUNTING SERVICES: As a repository for funds out of which disbursements shall be made, an accounting system for JCCOG shall be established by the City. Accounts for JCCDG shall be established within the City General Fund and costs assessed to JCCOG shall be charged to the appropriate account. Monthly and quarterly tabulations of expenditures incurred by JCCOG shall be provided by the City. 111. INDEMIIIFICATION: The parties to this Agreement hereby agree to mutually defend and idemnify each other, and their respective officers, employees, and agents, fro. any and all lixhility, loss, cost, damage and expense resulting from, arising out of, or incurred by reason of any claims, A 73 3 actions or suits based upon the actions. Policies, or directives of County and City employees while Performing services pursuant to this agreement for JCCOG. IV. DURATION: This Agreement shall became effective upon the acceptance and execution of the parties and shall continue in effect until modified or repealed by the written consent of the parties. Any party may terminate this agreement by giving written notice of intent to terminate no later than March 15th of any year, to take effect on July 1 of the following calender year (15 months advance notice). Dated this fl day of <. ss� , 1985. JOHNSON COUNTY BY:1 e �� ,��..l!oc� uDerv//l1zors ATTEST: tdit StA(r1Y fli¢ oun y u or -,.,, n,, Dated this 1 2tiy day of February , 1985. CITY OF IOWA CITY BY: yo r ATTES :� ,v ..;J x Q J Ci C erk Dated this ! I day of ATTE', Assavad t. J,, r "'d DY Tba tvjal Gs .,fn cnl —#L--Wje a 73 MARY JANE ODELL SECRETARY Of STATE 4 C ESY OhE P 7� A ��DYa Odlaft of 30wa *erretarp of 6tate DCO 00inC8 February 28, 1985 STATE CAPITOL BUILDING DES MOINES. IA SDBIB 31 S]D L5B 6i Marian K. Karr, CMC City Clerk 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement providing for delivery of Planning Services between Johnson County Council of Govern- ments, the City of Iowa City and Johnson County Dear Ms. Karr: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1983 Code of Iowa. You may consider the same filed as of February 27, 1985. i Cordially, !�JtNOL Secretary of State MJO/d 0? i i 4 C ESY OhE P 7� A ��DYa Odlaft of 30wa *erretarp of 6tate DCO 00inC8 February 28, 1985 STATE CAPITOL BUILDING DES MOINES. IA SDBIB 31 S]D L5B 6i Marian K. Karr, CMC City Clerk 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement providing for delivery of Planning Services between Johnson County Council of Govern- ments, the City of Iowa City and Johnson County Dear Ms. Karr: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1983 Code of Iowa. You may consider the same filed as of February 27, 1985. i Cordially, !�JtNOL Secretary of State MJO/d 0? Johnson �o(ty Council of Governmf `s l�� Oty �oz i i H Date: February 7, 1985 To: City Ca n From: Don S hme Director Re: Implementation Agreement The Implementation Agreement which provides for the delivery of planning services by the Johnson County Council of Governments (JCCOG), has expired. The agreement was established in 1981 under the authority ois f Chapter 28E of the Code of Iowa. A new implementation agreementroved the submitted for your review and consideration. The JCCOG has app agreement and the County is currently reviewing it. Unknowingly, the implementation agreement had expired before its exten- sion. To avoid the same problem, the agreement provides for its continu- ance unless terminated at the request of a participatory party. If you have any questions pertaining to the hesitate to itscreview and consideration at the next meeting, please me at 356-5230. /sp 00.3 R RESOLUTION NO. 85-39 RESOLUTION ESTABLISHING FEES FOR MANUFACTURED HOUSING PARK LICENSES WITHIN IOWA CITY, 1014A WHEREAS, the City Council of Iowa City, Iowa, did on September 28, 1982, adopt Ordinance No. 82-3081 which establishes regulations pertaining to mobile home parks, and WHEREAS, Section 22-24 of said regulations provides for the fees for manufactured housing park licenses to be established by Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following fee schedule is established for manufac- tured housing park licenses: 1. Initial application or application - $50.00 - no refunds involving change. 2. Annual renewal for a park which has undergone no change since - $25.00 - no refunds initial filing. It was moved by Zuber and seconded by AmbriSCe the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO � _ BAKER x DICKSON ERDAHL MCDONALD STRAIT x_ ZUBER Passed and approved this 17th- day of ,•,^ T 1985. U MAYOR ATTEST:2 21� CIT CLERK Ay TThhc,L Legal D.pn ilb n< any RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING AUDITOR OF JOHNSON COUNTY, IOWA, TO PLACE BEFORE THE QUALIFIED ELECTORS AT THE GENERAL ELECTION OF NOVEMBER 5, 1985 THE QUESTION OF AMENDING THE CITY CHARTER TO PROVIDE FOR NOMINATION AND ELECTION OF DISTRICT COUNCILMEMBERS SOLELY BY THE VOTERS OF THEIR RESPECTIVE DISTRICTS. WHEREAS, the Iowa City Charter provides that three City Council members, known as District Councilmembers, shall be nominated by the qualified electors of the respective districts, but elected by the qualified electors of the whole City; and WHEREAS, in accordance with the provisions of the Charter, the Charter Review Commission has deemed fit to submit to the voters a ballot question to provide for both nomination and election of District Councilmembers by districts; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Auditor of Johnson County, Iowa, as Commissioner of Elections, is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa, at the general election of November 5, 1985: The Iowa City Charter now provides for nomination of three Council - members by district with election by voters of the entire City. The proposed amendment would provide that the three district City Council - members be nominated and elected solely by the voters of their respective districts. Shall the following amendments to Yes the Charter of Iowa City be adopted? No Section 2.01 Composition. The City Council shall consist of seven members; four to be elected at -large and three to be elected from districts and known as District Councilmembers. At -large members are to be nominated and elected by the qualified electors of the entire City. District Councilmembers are to be nominated and elected by the qualified electors of the respective districts. Nominations and elections shall be pursuant to the procedures described in Article III. Section 3.03 Regular City Election. A. In the regular City election, a Council District seat up for election shall be listed separately on the ballot only in the precincts making up the District; and only the names of candidates nominated for that Council District seat shall be listed on the ballot as candidates for that seat. a75 Resolution No. Page 2 2. The City Clerk is authorized and directed to deliver a certified copy of this resolution to the Auditor of Johnson County, Iowa, in time to place the question before the voters at the general election of November 5, 1985. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this day of 1985. MAYOR ATTEST: necnNed & Approved sv TP.0 g�� Dertn�n„rm X75 N RESOLUTION NO. 8S-40 RESOLUTION APPROVING AMENDMENT TO ARTICLE IV, SECTION 1 OF THE BYLAWS OF THE BROADBAND TELECOMMUNICATIONS COMMISSION. WHEREAS, on June 26, 1984, the Broadband Telecommunications Comnission amended Article IV, Section 1 of its bylaws to change the time for holding election of officers, and WHEREAS, Article IV, Section 1, of said bylaws, as amended, now reads as follows: "The Commission shall elect a Chairperson and Vice -Chairperson from among its members who shall serve in such capacity for a period of one year. The election of officers shall be held yearly at the first regular Commission meeting in March, or as soon as possible, after City Council appointments are made to the Commission each March 13th." WHEREAS, the City Council Rules Committee reviewed and recommended approval of said amendment January 15, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the above amendment to Article IV, Section 1, of the Bylaws of the Broadband Telecommunications Commission is approved. It was moved by Stra;t and seconded by Zuher the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco X Baker x Dickson X Erdahl x— McDonald x_ Strait x— Zuber Passed and approved this 12t]. day of Febrwaxy 1985. YOR ATTEST: J 22 �, J 7e, ��n4% CIT CLERK Rocnh.nd PA ftpprcva� L; Ti:c Le;ral rr S:e liit•rt _4__! 4710 RESOLUTION 110. 85-41 RESOLUTION RECLASSIFYING A FULL-TIME POSITION IN THE TREASURY DIVISION WHEREAS, Resolution NO. 84-47 adopted by the City Council on February 28, 1984, establishing an operating budget for FY85 authorizes all permanent positions, and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Treasury Division be amended by: 1. The deletion of one Sr. Account Clerk -Treasury -Banking position, grade 06. 2. The addition of one Accountant position, grade 11. It was moved by Zuber and seconded by Dickson the Resolution be adopte , an upon rol call there were: AYES: NAYS: ABSENT: X AMBRISCO R BAKER DICKSON ERDAHL MCDONALD x STRAIT x ZUBER Passed and approved this 12th. day of February 1985. h!4� MAYOR ATTEST: THY CLERK � �� Rotciveci a 1•:np:c:,.. By T,p oyal Deparia eui /6T 977 City of Iowa Cit MEMORANDUM Date: February 7, 1985 To: City Council and Neal Berlin, City Manager From: Rosemary Vitosh, Director of Finance FN Re: Vacancy in Treasury Division Nancy Heaton, City Treasurer and I have reviewed our needs in the Treasury Division due to the current vacancy in the Senior Account Clerk -Treasury Banking position. As we have indicated in the past, the one main weakness in the division is the lack of any professional accounting staff. Without such staff it is Nancy's responsibility to do all financial analysis and complex accounting work. We have added professional staff in the Accounting Division in the recent past and know first-hand of the positive benefits of such action. The work in the Treasury Division and in particular for the current vacant position has grown in the past five years in complexity in the areas of banking, investment records and the preparation of financial records. Our use of the pooled concept for both investments and banking means that internal accounting records must be maintained to keep the transactions separate by fund. We need an individual who can track and analyze all transactions and we have found that the account clerk typically does not have the experience and/or the ability to handle this type of financial analysis. The individual in this position should be able to function independently and without Nancy's constant monitoring and assistance. The switch to accrual accounting reports primarily affected the complexity of work in the Accounting Division, but also impacts on this position in Treasury. It would be extremely helpful to have an individual, other than Nancy, in the Treasury Division who understands and can work with the financial data prepared on an accrual basis and who understands double -entry bookkeeping. I am recommending that the Senior Account Clerk position be replaced with an Accountant position. We have attached a job description for this proposed position. The Senior Account Clerk position is in Range 6 while the Accountant position is in Range 11. However, the Senior Account Clerk position was budgeted this year and next year at Step 6 (top of the range) and we anticipate being able to hire an Accountant at Step 1. Therefore, the salary cost would initially be roughly equivalent (Step 6, Range 6 = $19,261; Step 1, Range 11 = $18,096). The actual cost of upgrading this position would occur in future years as the Accountant moves through the pay range. Total additional salary and benefit costs in FY86 would be $426. The opportunity is now available to add a professional accounting position to the Treasury Division and I recommend doing so immediately. tpl/5 cc: Nancy Heaton a7/ 0 1/30/85 TITLE: ACCOUNTANT DEFINITION: Under direction performs work of moderate difficulty in the maintenance and review of fiscal records; and performs related work as required. EXAMPLE OF DUTIES: Assists in planning, design and implementation of accounting systems, ledgers, registers, journals and controls. Prepares and maintains records and ledgers including daily bank account activity, investment transactions, monthly parking and transit income and other statistical reports as required. Prepares monthly analysis and recapitulations. Reconciles city bank accounts, monthly cash receipts, adjusts balances and accounts, verifies financial reports and statements. Assists in preparation of annual reports; prepares and verifies financial reports and statements; accounts for and records expenditures, revenues and other transactions. Gathers data for and prepares a variety of financial reports requiring applica- tion of accounting principles and judgment; compiles statistical reports. Responds to or refers inquiries regarding accounting procedures. Enters data on computer system; reviews, updates and maintains programs on banking, receipt, and investment activities. Assists with customer service and records for utilities and traffic. Will be assigned a daily schedule for customer service for lunch hour and break coverage. May assign and review the work of temporary personnel. TRAINING AND EXPERIENCE: 2 to 4 year degree in accounting and one year experience in governmental accounting; or an equivalent combination of training and experience. KNOWLEDGE AND SKILLS: Considerable knowledge of: governmental accounting and auditing principles and procedures. Good knowledge of: banking principles double entry bookkeeping system municipal accounting procedures Some knowledge of: modern office practices and procedures as they apply to accounting. A77 i Working skill in: analyzing accounting transactions and systems and preparing financial statements and reports. I I� i f I i r i Working skill in: analyzing accounting transactions and systems and preparing financial statements and reports. RESOLUTION NO. 85-42 RESOLUTIO14 AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE LEGAL DEPARTMENT BY ADDING ONE FULL-TIME CITY ATTORNEY POSITION. WHEREAS, Resolution No. 84-47 adopted by the City Council on February 28, 1984 establishing an operating budget for FY85, authorizes all permanent positions, and WHEREAS, the City Attorney Review and Selection Advisory Committee recommended, and the City Council approved, recruitment for a full-time City Attorney at a minimum salary of $45,000-$50,000, and WHEREAS, upon the appointment of a full-time City Attorney the resignation of the part-time City Attorney will be accepted and the part-time City Attorney position abolished, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT the number of authorized positions in the Legal Department be amended by the addition of one full-time City Attorney position. It was moved by Strait - . and seconded by Dickson the Resolution be adopte , and upon ro11 call there were: AYES: NAYS: ABSENT: X AMBRISCO R BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 12th. day of February 1985. MAYUK ATTEST: 2&'w 4� ge• ��MJ CTT CLERK Recofvod $ AppmvW DY The4yai D of P1