HomeMy WebLinkAbout1985-03-12 ResolutionRESOLUCION NO. 85-50
RESOLUCION TO REFUND CIGARETTE PERMIT
w[-DREAS, Bob's University Shell at 1910 S. Gilbert St.
in Iowa City, Iowa, has surrendered cigarette permit No. 85-15, expiring
June 30 ,19 85 , and requests a refund on the unused portion therof,
now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 85-15 , issued to Bob's University Shell be cancelled and,
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are
hereby authorized and directed to draw a warrant on the General Fund in
the amount of $ 25.00 , payable to Robert D. Finley as a refund on
cigarette permit No. 85-15 .
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 x _
Erdahl x _
McDonald x
Strait x
Zuber x _
Passed and approved this 12th day of M:Irch
L4
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Attest: ) NAni
CLERK
1117
■
! RESOLUTION NO. 85-51
i
i RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
i CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF TIB:
j BURLINGTON STREET CONCRLTE REPAIR PROJECT
j DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COU14CIL OF THE CITY OF IOWA CITY, IOWA:
I
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 9th day ofApril 1985 , at 7:30 p.m. in the Council
c C
Chambers, Civienter, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
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:
i
x Ambrisco
X _ __ Baker i
x Dickson
x — Erdahl
x McDonald
X Strait
x Zuber
Passed and approved this 12th day of March 19 85
1 j
i
ATTEST:
—� C11Y CLLRK
Received a Aprrcvcd
BY Tho legal De arhrwnt
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City of Iowa City
MEMORANDUM
Date: March 4, 1985
To: City Council and City Manager
From: Denny Gannon
Re: Burlington Street Concrete Repair Project
Plans, specifications, and contract documents have been prepared for the
removal and replacement of cracked and broken pavement slabs on Burlington
Street between Clinton and Capitol Streets. The work will be completed in
July of this year before the Junior Olympics. The engineer's estimate for
the construction costs is $37,750.
The plans for the project call for the closure of the above-mentioned block
on Burlington Street along with the detour of traffic from Burlington Street
to Clinton, Court, Capitol and back to Burlington Streets, and vice -versa.
While work on the project is performed, it is more feasible to close Burling-
ton Street entirely and detour traffic than it is to keep Burlington Street
open to restricted traffic, for the following reasons:
1. The project can be completed in less time by closing Burlington Street
and detouring traffic - 7 working days as compared to 3-4 weeks.
2. By restricting and funneling on an already congested street, the City
will present motorists, pedestrians, and the contractor's employees to
potentially unsafe and hazardous conditions.
3. There are no businesses that access onto Burlington Street between
Clinton Street and Capitol Street.
bj5/15
4.20
RESOLUTION N0. 5-52
RESOLUTION SETTING PUBLIC BEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF TEE
GROUNDWATER CUr-OFF TRENCH I019A CITY SANITARY LANDFILL PROJECT
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
j
CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 9th day of April , 1985 , at 7:30 p.m. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Strait and seconded by Erdahl that the
resolution as read be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
x Baker
X Dickson
X Erdahl
x McDonald
I
x Strait
X _ Zuber
Passed and approved this 12th day of March 19 85 .
MAYOR
ATTEST:
L11L11Y LLLRKReceh?cd & Approve
GY The Legal Department
i
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7z�
I RESOLUTION NO. 85-53
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
OUTFALL RELIEF SEIVER SYSTEM REHABILITATION PROJECT
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HE RING, AND DIRECTING
1 CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
i held on the 9th day of April 19 85, at 7:30 p.m. in the Council
Chambers, Civi Ccenter, Iowa Cit— yIowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said Bearing.
3. That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Strait and seconded by Erdahl that the
resolution as read be adopted an upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Baker
x Dickson
x Erdahl
x McDonald
li x Strait
x Zuber
Passed and approved this 12th day of March 19 85.
Uo
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MAYO
ATTEST:.-.GIT�� , CL 4R ^oee vhi FG Approve-A
1'-,,.
By Tho Lagal D p ,in�i nl
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City of Iowa City
MEMORANDUM
DATE: DIarch 5, 1985
TO: Neal Berlin and City Council
FROM: Frank Farmer
RE: Sewer Collection System - Outfall Relief Seiner System
Rehabilitation Project
This sewer collection system rehabilitation project is intended to
eliminate sources of infiltration and inflow where it is cost
effective to perform the necessary repair work. The project consists
of the reconstruction and replacement of structurally defective
sewers and removing storm sewers and inlets from the sanitary sewer
system. Construction areas are shown on the attached map. The
repair of existing pipe will not require excavation, since all work will
be done from within the pipe. Placement of new pipe will require major
excavation and closure of streets with necessary detours. The
estimated cost of this project is $954,653.
The benefit derived from this work is a reduction in the total volume
of flow transported to and treated at the wastewater treatment plant.
The total reduction in volume of water transported and treated from
the total rehabilitation work is 18 million gallons per year.
00?.2---
i
City of Iowa City
MEMORANDUM
Date: March 7, 1985
To: City Council
From: Karin Franklin, Senior Planner
Re: Disposal of Gilbert Street Right -of -Way Abutting 624 S. Gilbert
Street
In 1984 Mr. Inn Ho Shinn bought Lots 5 and 6 of Block 2, Lyon's First
Addition together with the vacated alley to the south. At that time, Mr.
Shinn thought he was buying all the property extending to the existing
Gilbert Street right-of-way. In fact, the area shown on the attached plat as
City property, although vacated by the City in 1972 and approved for disposi-
tion in 1973, was never conveyed to the then owner of Lots 5 and 6, and was
therefore excluded from the property Mr. Shinn purchased.
Mr. Shinn has made an offer to purchase this vacated Gilbert Street right-
of-way parcel for $1,000. The parcel in question has an area of 7,057 square
feet and the property owned by Mr. Shinn has an area of 23,555 square feet.
The purchase price and assessed value of Mr. Shinn's property are as follows:
Purchase price (includes improvements): $150,000 or $6.37 per square foot.
Assessed value of property: $55,340.or $2.35 per square foot.
Assessed land value: $37,570 or $1.59 per square foot.
The equivalent values for the City -owned parcel to be disposed of are:
According to purchase price of Mr. Shinn's property or $6.37
per square foot: $44,953
According to total assessed property value or $2.35 per square foot: $16,584
According to assessed land value or $1.59 per square foot: $11,221
The applicant states and the staff concurs that the parcel is of no value to
anyone other than the applicant. The City has no interest in retaining
ownership of it and it is not a parcel appropriate for development given its
size, configuration and location. The disparity between what the applicant
wishes to pay for the land ($1,000) and the estimated assessed value of the
land ($11,221) is significant. The staff would suggest, therefore, that a
compromise of $5,100 be reached,
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PLOT- PLAN
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I certify that during the month of June, 1983, at the direction of Jim Clark,
a survey was made under my supervision of the tract of land platteu hereon and
the boundaries or the tract are as follows;
Beginning at the Northwest corner of Lot 6, Block 2, Lyon's First Addition in
accordance with the plat recorded in the Johnson County Recorder's Office; Thence
N89.46100"E,•149.95 feetl Thence SO°00'00"w, 175.87 feet to the Northerly Right -
of -Ray line of the C.P.I. 6 P. Railroad; Thence N76009'10"N, 244.49 feet on said
Northerly flight -of -Hay line to a point on the East Right-of-way line of Gilbert
Street; Thence N35000'46"E, 19.94 feet along said Right -of -Nay line of Gilbert
Street; Thence Northeasterly 112.76 feet along said Right -of -Nay line of Gilbert
Street on a 393.10 foot radius curve concave Northwesterly whose 112.37 foot chord
bears 1126°47'43"E; Thence NE9°46100"E, 25.34 feet to the Point of Beginning. Said
tract or land containing -30r710 square feet more or less and subject to easements
and restrictions of record. '0113-
I further certify that the Plat as shown Is a correct representation of the survey
and all corners are marked as indicated.
Robert D. Nickelson Reg. No. 7036 Date
Subscribed to and sworn before me this _day of 19_
Notary Public, In and for the State of Iowa
J.'M C44RN
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I certify that during the month of June, 1983, at the direction of Jim Clark,
a survey was made under my supervision of the tract of land platteu hereon and
the boundaries or the tract are as follows;
Beginning at the Northwest corner of Lot 6, Block 2, Lyon's First Addition in
accordance with the plat recorded in the Johnson County Recorder's Office; Thence
N89.46100"E,•149.95 feetl Thence SO°00'00"w, 175.87 feet to the Northerly Right -
of -Ray line of the C.P.I. 6 P. Railroad; Thence N76009'10"N, 244.49 feet on said
Northerly flight -of -Hay line to a point on the East Right-of-way line of Gilbert
Street; Thence N35000'46"E, 19.94 feet along said Right -of -Nay line of Gilbert
Street; Thence Northeasterly 112.76 feet along said Right -of -Nay line of Gilbert
Street on a 393.10 foot radius curve concave Northwesterly whose 112.37 foot chord
bears 1126°47'43"E; Thence NE9°46100"E, 25.34 feet to the Point of Beginning. Said
tract or land containing -30r710 square feet more or less and subject to easements
and restrictions of record. '0113-
I further certify that the Plat as shown Is a correct representation of the survey
and all corners are marked as indicated.
Robert D. Nickelson Reg. No. 7036 Date
Subscribed to and sworn before me this _day of 19_
Notary Public, In and for the State of Iowa
J.'M C44RN
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RESOLUTION NO. 85-54
RESOLUTION AUTHORIZING CONVEYANCE OF VACATED GILBERT STREET
RIGHT-OF-WAY ABUTTING LOT 6, BLOCK 2, LYON'S FIRST ADDITION.
WHEREAS, in August, 1972, the City of Iowa City did vacate the Gilbert Street
right-of-way located adjacent to Lot 6, Block 2, Lyon's First Addition which
is legally described as:
Beginning at the northwest corner of Lot 6, Block 2, Lyon's First
Addition which point is also on the east line of Gilbert Street; thence
south along the east line of Gilbert Street to the northerly
right-of-way of the Chicago, Rock Island & Pacific Railroad; thence
westerly along the northerly right-of-way of the Chicago, Rock Island &
Pacific Railroad to a point that is 35 feet easterly of the centerline
of the new paving; thence northerly along a line parallel and 35 feet
easterly of the centerline of the new paving to the extension of the
north line of said Lot 6; thence east along the extension of said Lot 6
to the point of beginning.
a/k/a Beginning at the northwest corner of Lot 6, Block 2, Lyon's First
Addition; thence south along the west line of said Lot 6 and Lot 6
extended to the northerly right-of-way of the Chicago, Rock Island &
Pacific Railroad; thence westerly along the northerly right-of-way of
the Chicago, Rock Island & Pacific Railroad to a point that is 35 feet
easterly of the centerline of the new paving; thence northerly along
the line parallel and 35 feet easterly of the centerline of the new
paving to the extension of the north line of said Lot 6; thence east
along the extension of Lot 6 to the point of beginning.
WHEREAS, Inn Ho Shinn, owner of Lots 5 and 6, Block 2, Lyon's First Addition
(624 South Gilbert Street), which abuts said property, has requested convey-
ance of said property to him; and
WHEREAS, the City of Iowa City has negotiated a purchase price of five
thousand one hundred dollars ($5,100.00) for said property; and
WHEREAS, after publication of notice as required by law, a public hearing on
the property conveyance was held by the City Council on the 12th day of
March, 1985, at the Council Chambers, Civic Center, 410 E. Washington Street,
Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY:
1. That the City agrees to convey the above-described property to Inn Ho
Shinn for the amount of $5,100.00.
2. That the Mayor is authorized to sign and the City Clerk to attest a quit
claim deed conveying said right-of-way to Inn Ho Shinn.
�f�9
Resolution No. 85-54
Page 2
It was moved by Strait and seconded by Ambrisco
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
y Baker
Dickson
Erdahl
McDonald
x Strait
—x Zuber
x
Passed and approved this 12th day, of North 1985.
R
ATTEST:J?f .�a�! 7koAA 1
r, T C ERK
Retelved 8 Approved
By �Th�• De idmenl
Flak—
X39
RESOLUTION NO.
RESOLUTION AUTHORIZING C014VEYANCE OF VACATED GILBERT STREET
RIGHT-OF-WAY ABUTTING LOT 6, BLOCK 2, LYON'S FIRST ADDITION.
WHEREAS, in August, 1972, the City of Iowa City did vacate the Gilbert Street
right-of-way located adjacent to Lot 6, Block 2, Lyon's First Addition which
is legally described as:
Beginning at the northwest corner of Lot 6, Block 2, Lyon's First
Addition which point is also on the east line of Gilbert Street; thence
south along the east line of Gilbert Street to the northerly
right-cif\way of the Chicago, Rock Island & Pacific Railroad; thence
westerly along the northerly right-of-way of the Chicago, Rock Island &
Pacific Railroad to a point that is 35 feet easterly of the centerline
of the new paving; thence northerly along a line parallel and 35 feet
easterly of the centerline of the new paving fib the extension of the
north line of said Lot 6; thence east alongtpe extension of said Lot 6
to the point of beginning. 7
a/k/a Beginning at the northwest corner
Addition; thence south\along the west
extended to the northerly right-of-way
Pacific Railroad; thence westerly alo
the Chicago, Rock Island & Pacific R 1
easterly of the centerline of th/th
w
the line parallel and 35 feet a rl
paving to the extension of the no 1
along the extension of Lot 6 to LYpoi
WHEREAS, Inn Ho Shinn, owner of Lo+/s 5 and
(624 South Gilbert Street), which abuts s<
ance of said property to him; and
o�fLot 6, Block 2, Lyon's First
ine of said Lot 6 and Lot 6
(of the Chicago, Rock Island &
the northerly right-of-way of
road to a point that is 35 feet
paving; thence northerly along
i of the centerline of the new
ine of said Lot 6; thence east
it of beginning.
Block 2, Lyon's First Addition
property, has requested convey -
WHEREAS, Inn Ho Shinn /to
r d to purchase \bl
perty for one thousand
dollars ($1,000.00); a
WHEREAS, after publicanotice as requirew, a public hearing on
the property conveyanceld by the City on the 12th day of
March, 1985, at the Combers, Civic Cen,E Washington Street,
Iowa City, Iowa.
NOW, THEREFORE, BE IT BY THE CITY COUNCIL OF THE CITY OF IOWA CITY:
1. That the City agronvey the above-described property to Inn Ho
Shinn for the amou100.00.
2. That the Mayor ised to sign and the City Clerk to attest a quit
claim deed conveying said right-of-way to Inn No Shinn.
j139
Resolution No.
Page 2
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 dayzpf1985.
ATTEST:
Recelved a Approved
By Th rral De arlmenl
4139
City of Iowa City
MEMORANDUM
Date: February 28, 1985
To: City Council
From: Marianne Milkman, Associate Planner rYl
Re: V-8502. Release of Permanent Box Culvert Easements at Lots 37 and 38
of First and Rochester, Part One
In July 1984, Frank Boyd and Bruce Glasgow (owners of Lots 37 and 38,
respectively, in the First and Rochester Part One subdivision) granted
permanent box culvert easements to the City for a box culvert required for
the construction of First Avenue in the subdivision. At the actual time of
construction the owners and the City agreed that the culvert and road would
be better constructed to the west of the original site in order to diminish
possible extensive erosion problems. At that time new box culvert easements
were obtained from the owners contingent upon release of the original box
culvert easements.
The owners have requested the release of the original permanent box culvert
easements in exchange for the new easements in order to clear title to Lots
37 and 38, First and Rochester Part One subdivision.
bj4/19
,41 V-6
RFSOLOTIOt1 NO. 85-55
RESOLUTION AUTHOPI7.ING P.ELEASF OF PERMANENT SOX CI'LVF.PT rASF`1F.NTS
AT LOTS 37 AND 38 OF FIRST AND ROCHESTER PART I, IOWA CITY, IOWA.
WHEREAS, in connection with the proposed construction of First Avenue in
First and Rochester Part I Subdivision the City of Iowa City did receive a
Permanent Box Culvert Easement located on Lot 37 of First and Rochester, Part
I, Iowa City, Iowa, as recorded in Book 712, pages 217-219, Johnson County
Recorder's Office from Frank Boyd, and the City of Iowa City did also receive
a Permanent Box Culvert Easement located on Lot 38 of First and Rochester
Part I, Iowa City, Iowa, as recorded in Rook 712, pages 220-222, Johnson
County Recorder's Office from Plum Grove Acres, Inc.; and
WHEREAS, First Avenue was actually constructed to the west of the proposed
location; and
WHEREAS, the City of Iowa City received permanent box culvert easements from
Frank Boyd and Plum Grove Acres, Inc. at the site of actual construction of
First Avenue contingent upon the release of the original box culvert ease-
ments to Frank Boyd and Plum Grove Acres, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY:
1. That in consideration of receipt of substitute easements, the City agrees
to release the Permanent Box Culvert Easements at Lots 37 and 38 First
and Rochester Part I, Iowa City, Iowa, as recorded in Book 712, pages
217-219 and 220-222 to Frank Boyd and Plum Grove Acres respectively.
2. That the Mayor is authorized to sign and the City Clerk to attest
releases of or quit claim deeds to said easements to Frank Boyd and Plum
Grove Acres, Inc.
It was moved by Zuber and seconded by Strait the Resolution
be adopted, and upon ro cal there were:
AYES: NAYS: ABSENT:
X
AMBRISCO
X
BAKER
X
DICKSON
X —
EROAHL
X
MCDONALD
X
STRAIT
X
ZUBER
Passed and approved thisl2th day of Narch 1985.
YO
ATTEST:
CIT CLERK
Rocelved & Approved
By The Legal De ailment
r.. 3 �rPI
4j41
I
RESOLUTION NO. 85-56
RESOLUTION APPROVING THE PRELIMINARY PLAT OF KENNEDY'S WATERFRONT
ADDITION, PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Paul M. Kennedy, has filed with the City Clerk of Iowa
City, Iowa, an application for approval of the preliminary plat of Kennedy's
Waterfront Addition, Part Two; and
WHEREAS, the Department of Planning and Program Development and the Public
j Works Department have examined the proposed preliminary plat and have
recommended approval of the same; and
1
I` WHEREAS, the said preliminary plat has been examined by the Planning and
Zoning Commission and after due deliberation said Commission has recommended
that the plat be accepted and approved; and
I WHEREAS, said preliminary plat is found to conform with all of the require-
ments of the city ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That said plat is hereby approved.
It was moved by Zuber 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
Strait
xZuber
Passed and approved this 12th yy of March 1985.
• R
ATTEST:
CITY CLERK
RoceNad a k pinvaY
By T teal 0cp Mmenl
*q9
To: Planning & Zoning Commission
Item: S-8501 Kennedy's Waterfront
t Addition, Part Two
I
i GENERAL INFORMATION
Applicant:
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Requested action:
Proposal:
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Location:
Site size:
Existing land use and zoning:
Surrounding land use and zoning:
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Comprehensive Plan:
Applicable regulations:
45 -day limitation period:
SPECIAL INFORMATION
Public utilities:
STAFF REPORT
Prepared by: Barry Beagle
Date: February 11, 1985
Paul M. Kennedy, Owner
1506 Muscatine Avenue
Iowa City, IA 52240
338-7401
Preliminary plat approval.
To establish a five -lot commercial
subdivision known as "Kennedy's
Waterfront Addition, Part Two."
In the vicinity of the southwest corner
of Stevens Drive and Gilbert Street
south of U.S. Highway 6.
10.3 acres
Vacant; CI -1
North - commercial; CI -1
South - vacant; CI -1
East - commercial and vacant
(Kennedy's Waterfront Addition,
Part One); CI -1
West - vacant; CI -1
Intensive Commercial.
Applicable provisions of Chapter 32,
Subdivision Regulations, and Section
33-54, Storm Water Runoff Ordinance.
March 20, 1985
Public water service will be provided
by a 12" water line that runs along the
east right-of-way of Gilbert Street.
Public sanitary sewer service is
available to Lots 1 through 4 by
extension of an 8" sanitary sewer from
Stevens Drive. Sanitary sewer service
is not available beyond the first four
lots due to the limited capacity of the
sewer system in this area.
-2-
Public
2-
Public services:
Transportation access:
Physical characteristics:
Police and fire protection are provided
by the City.
Access will be provided by Gilbert
Street, a four -lane arterial street.
Gilbert Street interchanges with U.S.
Hwy. 6 approximately one-quarter mile
north of the site and changes to Sand
Road at the south city limits.
Analyzing probable transportation
patterns generated by this development,
most traffic will access the site by
Gilbert Street via U.S. Hwy. 6.
The site is moderately flat, draining
to the south into the Iowa River.
Three -quarter's of the site is within
the 100 -year floodplain. The site is
presently covered by a dense stand of
timber.
Zoning History: Mr. Paul Kennedy was granted preliminary and final plat
approval in 1982 to establish a five -lot commercial subdivision known as
"Kennedy's Waterfront Addition, Part One." (See Attachment 2) At the time the
subdivision was platted, the property was zoned C-2 which was amended in 1983
with the adoption of the new Zoning Ordinance to the CI -1 zone. The prelimi-
nary plat identified the future extension of Southgate Avenue west of Water-
front Drive across the railroad through the platted area.
Proposal: The subdivision proposal represents the balance of Mr. Kennedy's
non -platted ownership within the area. By design, four of the five commercial
lots will be located at the north end of the project and will be ready for
development. The fifth lot represents the balance of the subdivision, to which
sanitary sewer service is not available at this time. The plat tentatively
shows how Lot 5 will be replatted when all support services are made available
to it, and also shows the continuation of the future extension of Southgate
Avenue from the plat of Part One. Common access easements will be utilized to
limit the points of ingress/egress to two for Lots 1-4. This is consistent
with the four commercial lots directly opposite on the east side of Gilbert
Street within the first platted subdivision.
STAFF ANALYSIS
The request is for a minor subdivision involving no dedication of streets. The
private drive at the rear of Lots 1-4 is not usable requiring access off of
Gilbert Street. So as to minimize the number of curb cuts onto Gilbert Street,
the applicant proposed the use of two common access easements. Staff supports
the use of the common access easements and will require that they be specified
in the Subdivider's Agreement at the time final plat approval is sought.
The proposed preliminary plat is in substantial compliance with the require-
ments of Chapter 32 of the Subdivision Regulations; minor deficiencies are
listed below.
-3 -
STAFF RECOMMENDATION
Staff recommends approval of the preliminary plat of Kennedy's Waterfront
Addition, Part Two, upon resolution of the deficiencies listed below.
I DEFICIENCIES AND DISCREPANCIES
1. Specify the dimensions of Lots 1-4.
j I
ATTACH
1. Location map.
2. Preliminary plat of Kennedy's Waterfront Addition, Part One.
ACCOMPANIMENTS
i
1. Preliminary plat of Kennedy's Waterfront Addition, Part
Approved by: o cWmajser, irec or
0epartment of Planning and
Program Development
0
#0
,
N
LOCATION MAP
Applicant;IjL KE,KEoY
Application No.: 5-850i
/i'JL•.a
Vol,
l
�w l.r e•� P�
p V
11 �1 I ~I a pce•e1V
OPE LIM/Nl RY P( -GT
l( "Fui .'+•• ./e r[i7c•/TGG/.lTrq•1
4urGur
i M
V•C 41.
/ / �' � IjwC1V.�
i M
RESOLUTION NO. 85-57
RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE
NON-RESIDENTIAL DEVELOPMENT PLAN OF NATIONAL COMPUTER SYSTEMS, INC.,
LOCATED AT 2510 NORTH DODGE STREET.
WHEREAS, the owner, National Computer Systems, Inc., has filed with the City
Clerk of Iowa City, an application for approval of the amended preliminary
and final large scale non-residential development plan for National Computer
Systems, Inc.; and
WHEREAS, the original large scale non-residential development of the former
owner, Westinghouse Learning Corporation, was approved by Resolution 73-231;
and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the amended preliminary and final large scale
non-residential development plan to include certain temporary buildings, and
have recommended approval of same with a waiver of storm water management
requirements at this time; and
WHEREAS, the amended preliminary and final large scale non-residential
development plan has been examined by the Planning and Zoning Commission and
after due deliberation the Commission has recommended that it be accepted and
approved subject to the condition that if the temporary structures remain for
more than 18 months from the date of this resolution, National Computer
Systems, Inc. will be required to comply with the Storm Water Management
Ordinance; and
WHEREAS, the amended preliminary and final large scale non-residential
development plan is found to conform with all of the pertinent requirements
of the City ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the amended preliminary and final large scale non-residential
development plan of National Computer Systems, Inc, is hereby approved
subject to the condition that if the temporary structures remain for more
than 18 months from the date of this resolution, National Computer
Systems, Inc, will be required to comply with the Iowa City Storm Nater
Management Ordinance.
2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized
and directed to certify the approval of this resolution and of said plan
after passage and approval by law; and the owner shall record said plan
at the office of the County Recorder of Johnson County, Iowa, before the
issuance of any building permit is authorized.
Oso
Resolution No. 85-57
Page 2
It was moved by Ambrisco and seconded by Dickson
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 March 1985.
OR
ATTEST: n i"d `e qerMJ
CIT CLERK
f\�cty �4 8 Appravxc'i
Y T}. ,q,iegal�vep�rhnrnl
1
STAFF REPORT
To: Planning & Zoning Commission
i
Item: S-8503. National Computer
Systems, Inc. Amended Preliminary
& Final LSNRD Plan
I
j GENERAL INFORMATION
Applicant:
I
i I I
i
Requested action:
Purpose:
Location:
i
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning
Application regulations:
45 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Public services:
Prepared by: Marianne Milkman
Date: February 21, 1985
National Computer Systems, Inc.
P.O. Box 30
Iowa City, Iowa 52244
Approval of an amended preliminary
and final Large Scale Non -Residen-
tial Development Plan.
To construct 5 temporary buildings
providing 13,116 square feet of
additional space.
2510 N. Dodge Street (west of
Highway 1, north of I-80).
Expansion: 13,116 square feet.
Total Development: 50.1 acres.
Office Research Park.
Office/research; ORP.
North - vacant, agricultural;
County A-1.
East - office, motel office; CHI,
CO1, ID -ORP.
South - I-80, motel,office; CHI,
CO1.
West - agricultural; ID -ORP.
Provisions of the LSNRD ordinance
and the Zoning and Storm Water
Management ordinances.
March 26, 1985
Sanitary sewer and water services
are available.
Police and fire services are
available; sanitation service must
be provided by a private hauler.
�'Eo
2
Transportation:
Access is provided from Highway 1
north of I-80.
Physical characteristics: Hilly terrain with some wooded and
marshy areas.
ANALYSIS
An amendment to the Large Scale Non -Residential Development (LSNRD) plan for
what was then the Westinghouse Learning Corporation, was approved in June 1973.
At that time the existing building of 116,000 square feet was expanded by
21,750 square feet. National Computer Systems Inc, now wishes to expand
further with the addition of 13,116 square feet in five temporary buildings.
These buildings will consist of 21 portable trailer units which will be tied
together and be connected with the existing building. These temporary units
are to be used for one year, at which time a permanent expansion is planned
whereupon the LSNRD plan will again require amendment.
There is sufficient parking available for the temporary expansion: a total of
251 spaces is required for the entire development (existing and proposed), 568
spaces exist. Since the proposed expansion is less than 10% of the existing
structures, the applicant is not required to conform to the tree planting
requirements for parking areas or along streets.
The existing development also does not comply with the Storm Water Management
ordinance. The engineering staff recommends that compliance be deferred until
the permanent addition is constructed. At that time it would also be appro-
priate to consider dedication of a 50 foot street right-of-way to provide
access to the property to the west of the subject property. Such a street
right-of-way was recommended by the Planning and Zoning Commission in 1970, but
was not included in the City Council approved LSNRD plan.
STAFF RECOMMENDATION
Staff recommends approval of the amended preliminary and final Large Scale
Non -Residential Development Plan for temporary buildings at National Computer
Systems, Inc.
ATTACHMENTS
1. Location map.
2. Applicant's Letter of Intent
ACCOMPANIMENTS
1. Existing 1973 LSNRD Plan.
2. Amended LSNRD showing temporary buildings.
Approved by:
Va d S me ser, Director
artment of Planning
and Program Development
i
u
N
LOCATION MAP
Applicant: N C 5
Application No.: 5 - 2 503
N-/
ID -ORP
RS5
Y
CHI CO 1
P
ID -ORP
7•s�
Post Olhce Box 3U, Iowa City, IA 52244 / Phone 319354.9200 NATIONAL
COMPUTER
SYSTEMS 0
INFORMATION SERVICES DIVISION
February 8, 1985
uR�M
City Clerk i r:,5 81385
Planning and Program Development Department
Planning and Zoning Commission
city council MARIAN K. KARR City of Iowa City CITY CLERK (3)
410 East Washington Street
Iowa City, Iowa 52240
RE: Amended Large Scale Non -Residential Final Plan Application
Ladies and Gentlemen:
It is the intent of National Computer Systems, Inc., Information Services
Division to place temporary buildings on its property at the intersection of
Iowa Highway 1 and U.S. Interstate 80, Iowa City, Iowa, for additional office
space concurrent with an expansion of our business activities. We submit this
letter and the attached application matertais for your approval.
Attached to this letter is a copy of the warranty deed by which our
predecessor in interest, Westinghouse Learning Corporation, purchased the
parcel of land upon which our facility is built and where the temporary
buildings will be located. Present zoning classification is Office Research
Park,
The temporary buildings will be leased from a supplier for a period not to
exceed twelve (12) months, with actual occupancy to commence on or about March
15, 1985. Upon the termination of the lease, the temporary buildings will be
removed from the premises. Only NCS personnel will occupy the temporary
buildings, for general office use.
The temporary buildings will be portable trailer units, twenty-one (21) in
number, with a total of Thirteen Thousand One Hundred Sixteen (13,116) square
feet of floor space. They will be located off the northwest corner of our
present building as depicted on the attached final plan and will be connected
directly to the present building so as to utilize existing restroom and other
facilities. We anticipate the placement of the 21 trailor units to create
five (5) separate complexes with the following dimensions:
1919L
#SO
City Clerk
Page 2
February 8, 1985
Complex /1 48' X 56' (4 units, each 12' X 56')
Complex /2 24' X 56' (2 units, each 12' X 561)
Complex /3 108' X 56' (9 units, each 12' X 561)
Complex 04 36' X 46' (3 units, each 12' X 461)
Complex d5 30' X 46' (3 units, each 10' X 461)
The temporary buildings will comply with applicable State of Iowa building
code provisions, and the placement of the temporary buildings, including
utility installations, will comply with applicable State and City of Iowa City
j regulations.
I NCS requests exception from the City of Iowa City regulations concerning storm
water management and tree placement regarding this application.
I
Attached hereto are two complete Application Forms (White and Yellow), copy of
the warranty deed noted above, the applicable filing fee of $150.00 and twelve
(12) copies of the final plan.
Thank you very much for your attention and cooperation in this matter.
Sincerely,
Vicki Amundson
Manager, Personnel and Administration
RESOLUTION NO.
/'�^ l� ,
V ee
RESOLUTION ADOPTING THE PREFERRED ALIGNMENT OF "FOSTER ROAD" AT ITS
INTERSECTION WITH NORTH DUBUQUE ROAD WITH BRISTOL DRIVE.
WHEREAS, the City Council of Iowa City adopted Resolution No. 83-294 adopting
a preferred alignment for a road called "Foster Road" between Dubuque Street
and North Dubuque Road or Old Dubuque Road; and
WHEREAS, the City Council has reviewed that alignment, particularly in
relation to the intersection of "Foster Road" with North Dubuque Road with
Bristol Drive; and
WHEREAS, the City Council wishes to discourage through traffic on Bristol
Drive yet provide for adequate traffic circulation in the area, now and in
the future; and
WHEREAS, Dean Oakes, a developer and owner of property north of said inter-
section, has agreed to participate in the cost of the construction of a
portion of "Foster Road".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOW1f
1. That Resolution 83-294 is amended to provide that a road referred to as
"Foster Road" shall intersect with North Dubuque Road such that the
centerline of "Foster Road" shall be 125 feet east along North Dubuque
Road from the centerline of realigned Bristol Drive, as generally shown
on Exhibit A attached.
It was moved by and seconded by
the Resolution be adopted, an upon roll call there were:
AYES:
Passed and approved this
ATTEST:
CITY CLERK
NAYS: ABSENT:
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
day of , 1985.
MAYOR
1>oavfi� A AV'"cvorl
nnFei
i }Oc�'!rt'ni
u4 -..=
#5-/
1
" o
C C3
cj
3
EXHIBIT A•INTERSECTION AT N. DUBUQUE ROAD,
125' EAST OF BRISTOL DRIVE 1 `
r
�yE
VJl ^` I
7
i
RESOLUTION NO. 85-59
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE KIRKTYOOD CIRCLE IAIPROIrDIEN1S PROJECT
ESTADLISHING AMDUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project was published as
required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
I. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby approved.
2. That the amount of bid security to accompany each bid for the construction
of the above-named project shall be in the amount of 10% of bid payable to
Treasurer, City of Iowa City, Iowa.
3. That the City Clerk is hereby authorized and directed to publish notice for
the receipt of bids for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city not less
than four (4) nor more than twenty (20) days before the date established for the
receipt of bids.
4. That bids for the construction of the above-named project are to be received
by the City of Iowa City, Iowa. at the Office of the City Clerk, at the Civic Center,
until 10:00 A.M. on the 2nd day of _April 19 8S Thereafter, the
bids wt b'1T e opened by the City Engineer or hised signee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting to be held at the Council Chambers, Civic Center, lora City, Iowa, at 7:30 p.m.
on the 9th day of April lg 85
It was moved bypteand seconded by _ Erdahl that the
resolution as read be adod, an upon roll call there were: --
AYES:
NAYS: ABSENT:
x
Ambrisco
x-
Baker
�—
Dickson
—x-
Erdahl
x
McDonald
X
Strait
x
Zuber
Passed and approved this 12th day of March 19 85.
h1AY0R
ATTEST: J �(/ Xoew J Received & Apprnven
CITYY CLARY By The Legal Departmrni
ass
0
Date originated: February 23, 1985
16�
oar DD
;-A R 121985
Date filed: MARIAN K. KARR
CITY CLERK (3)
we, the undersigned, residents of Iowa City and owners of property on Friendship
Street, between First and Seventh Avenue object to the sidewalk assessment project
for this street, now being planned by the City. This part of the city has been
developed for many years and there has never been sidewalks along all of
Friendship and there is no need for them now.
NAME
ADDRESS ((//
s o
51s` ;AC 64,C -
62c) 1
4,-6oGl SI //•IL)e
CSI 'S'
4S-4
V
Date originated: February 23, 1985 ;,"ARI 21985
Date filed: MARIAN K. KARR
CITY CLERK (3)
We, the undersigned, residents of Iowa City and owners of property on Friendship
Street, between First and Seventh Avenue object to the sidewalk assessment project
for this street, now being planned by the City. This part of the city has been
developed for many years and there has never been sidewalks along all of
Friendship and there is no need for them now.
NAME ADDRESS
.�1.�5�X/U71�i�1r� �•
G, c Y - 7 �' 6Lk—S,
„ e
C -"W' SA k'
t�Sb
Date originated: February 23, 1985 MAR 1 21985
Date filed: MARIAN K. KARR
CITY CLERK (3)
We, the undersigned, residents of Iowa City and owners of property on Friendship
Street, between First and Seventh Avenue object to the sidewalk assessment project
for this street, now being planned by the City. This part of the city has been
developed for many years and there has never been sidewalks along all of
Friendship and there is no need for them now.
NAME
T i
ADDRESS
8vd
aaa
D
Date originated: February 23, 1985 ";° 1 21985
Date filed: MARIAN K. KARR
CITY CLERK (3)
We, the undersigned, residents of Iowa City and owners of property on Friendship
Street, between First and Seventh Avenue object to the sidewalk assessment project
for this street, now being planned by the City. This part of the city has been
developed for many years and there has never been sidewalks along all of
Friendship and there is no need for them now.
NAME
ADDRESS
' 2c
� ► I b -JLb
.1\.l
Avg
Date originated: February 23, 1985
Date filed:
51P
oa�D
'•^.4
121985
MARIAN K. KARR
CITY CLERK (3)
We, the undersigned, residents of Iowa City and owners of property on Friendship
Street. between First and Seventh Avenue object to the sidewalk assessment project
for this street, now being planned by the City. This part of the city has been
developed for many years and there has never been sidewalks along all of
Friendship and there is no need for them now.
.NAME
I v
ADDRESS
(,Qi2s { �tfctJCiS� l7 si
LC�L-.,
({fi 80 150 Vf 1�1N<
fFald o
Ro55 150 95 k�u
95 0&L
i A e
1uY .2ack 150 7 w b.
d5o
t
5 A vc -- - — --
_ 5o ve• b
LIP
mor a� ala L yY(cs
5>`�lPd v
/9-0
b
Go --doh 57L•
A
I
q
GROW TO
REACH
ENVIRONMENTAL
EXCELLENCE
NOW
Civic C,Mw, low, City, low, 52240
PROJECT GREEN
March 4, 1985
Mr. Neil Berlin,
City Manager
Iowa City
Dear Neil,
The steering committee of Project GREEN would like to submit
the name of George Mather to be reappointed as a trustee of
the Green Fund. I understand Mr.-Mather's current term expires
March 1985.
Sincerely yours,
Emilie Rubright,
Co-chairman of Project GREEN
r
1,57
a
City of Iowa City
MEMORANDUM
Date: March 6, 1985
To: City Council
From: Assistant City Manager
Re: City-PLRO-IC Tentative Agreement
Attached is a copy of the tentative agreement between the City of Iowa City
and the Police Labor Relations Organization of Iowa City. A motion to
approve this tentative agreement is on your agenda for March 12, 1985. I
will be present at your informal meeting on March 11 to answer any questions
you may have regarding this document.
bj3/9
7W �
e--�
144
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----------- . 1064 . 01 0:
----------
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- --_—� —--�__--'-------'—_----_� /,--_-_'--/^ _-__------_—_.--
!--'—'�---------------
`
i
� FINANCIAL POLICIES FOR THE OPERATING BUDGET
SCOPE
The purpose of this section is to present the policies that the City of Iowa City follows in managing its
financial and budgetary affairs for the Operating Budget. The funds involved are the General fund, the
Debt Service fund, the Enterprise fund, the Trust and Agency fund - Pension and Retirement, the Intra -
governmental Services fund, and the Special Revenue fund. Most of these policies are not new, but repre-
sent long-standing principles and traditions which have guided the City in the past and have allowed the
City to maintain its financial stability.
POLICIES
I. Balanced Budget
1. The operating budget of the City of Iowa City shall be drawn so that available resources and
anticipated expenditures are equal.
2. The City will maintain an unreserved balance at year-end at a level determined by Council to fund
cash flow requirements in the first quarter of a fiscal year.
II. Revenues
1. Property Taxes
A. General Tax Levy
The budget of the City of Iowa City shall be drawn so that the general tax levy does not exceed
limits established by State law.
B. Debt Service Levy
Taxes shall be levied each year under the Debt Service Levy in the amount equal to the general
obligation principal and interest due in that same year, net of the portion abated or paid by
the enterprise funds.
C. Tort Liability Levy
The City levies for the expected costs of one year's premiums on property and liability
insurance policies held by the City.
0. Trust and Agency Levy
The City shall levy under Trust and Agency for:
1. The City's share of contributions to
police
andorn ofif re pension and retirement systems, at
rates determined by an actuary,
for eted
2 oThenly Cifythe generalf
ftax levy is�equcontributons afor1 toetheomplmaxi um lfevy stablishednbyrthe State law.General Fund
E. Transit Levy
Taxes leied under the lev
revenuesv
vfrom the transit rlevytwillybehreceiptedxestablished
into the GeneralFundthen transferredw
to the
Transit Fund,
2. Fees and Charges estabish fes and or for
The
City
all ilor part laf theerelated costseof providing s in athe nce e�rvicesth VenThe ue bond
ty willireview sfees and
covcharges, at a minimum, on a biannual basis.
3. Investments
The City will invest 100% of idle funds and will obtain the best possible return on all rash
investments within the limits of the State law.
4. Intergovernmental Revenue
Revenues from local, State and Federal governments will be used according to the restrictions or
intent placed on each.
5. Additional Revenue Sources
ditional revenues as a method of balancing its budget.
The City will continue to search for ad
III. Expenditures
1. Current Service Level
ices will receive first priority for funding.
Maintaining the current level of sery
2. Cost Effective Programs
The City will encourage technology and capital investment programs which are cost effective and
reduce operating expenses.
r
3. Infrastructure and Equipment
The City will continue the scheduled level of maintenance and replacement for its infrastructure
and equipment.
4. Reductions
To balance the budget, the City will attempt to avoid reductions. If the situation arises, consid-
eration will be given first to alternatives which avoid employee layoffs, resist cuts in service
and establish user fees.
IV. Economic Development
The City will take active measures to encourage economic development of the connnunity with the intent
of increasing jobs and the tax base.
V. Debt Service
1. Purpose of Debt
Debt will fund capital improvement projects; it will not be used for annual operating expenses.
2. Debt Limit
The total general obligation debt will not exceed 5% of the total assessed value of real property.
Resolution No. 85-60
A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE $0, 1996.
Be it Resolved by the Council of the City of TnWA CITY , Iowa:
The annual budget for the fiscal year ending June 30, 1986, as set forth in the Budget Summary Certificate and in the detailed
budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and
activities for said fiscal year is adopted, and the clerk is directed to make the filings required by law and to set up his books in
accordance with the summary and details as adopted.
Passed and approved on March 12, , 1985, by the following vote: (List names)
Ayes: Zuber Noyes: Nnno
Ambrisco
Baker
Dickson
Brdahl
M�nald
Strait
,Mayor
Attest: /s/ , Clerk
.....nn....... p.4e1' - —
Receh.-cd A Appicvau
Dyal papa nnt
W- I
3 8J
7G
i
I
i
I
Resolution No. 85-60
A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE $0, 1996.
Be it Resolved by the Council of the City of TnWA CITY , Iowa:
The annual budget for the fiscal year ending June 30, 1986, as set forth in the Budget Summary Certificate and in the detailed
budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and
activities for said fiscal year is adopted, and the clerk is directed to make the filings required by law and to set up his books in
accordance with the summary and details as adopted.
Passed and approved on March 12, , 1985, by the following vote: (List names)
Ayes: Zuber Noyes: Nnno
Ambrisco
Baker
Dickson
Brdahl
M�nald
Strait
,Mayor
Attest: /s/ , Clerk
.....nn....... p.4e1' - —
Receh.-cd A Appicvau
Dyal papa nnt
W- I
3 8J
7G
i6
RESOLUTION NO. 85-61
RESOLUTION APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF
IOIJA CITY, IOWA, FOR THE FISCAL YEARS 1986-1990.
WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the
public interest and in the interest of good and efficient government for the
City of Iowa City, Iowa, to adopt certain capital improvements planning as
summarized and attached hereto, subject to annual review and revision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the City Council of the City of Iowa City does hereby adopt as its
Capital Improvements Program for the Fiscal Years 1986-1990 the Capital
Improvements Program. It is understood by the City Council of the City
of Iowa City, Iowa, that the 1986-1990 Capital Improvements Program is
subject to annual review and revision consistent with good planning and
operating practices of the City of Iowa City, Iowa;
2. That this Resolution is an expression of the Council's legislative intent
for future projects and planning for the City of Iowa City, Iowa; and the
anticipated means of financing said projects, subject to applicable laws
and elections upon financing by the voters of the City of Iowa City,
Iowa.
It was moved by Hrdahl and seconded by Ambrisco
the Resolution be adopted, an upon roll call there were:
AYES:
NAYS: ABSENT:
x
Ambrisco
x
Baker
x
Dickson
X
Erdahl
x
McDonald
x
Strait
x
Zuber
Passed and approved this 12th day of Nlarch 1985.
"Ri
AYO
ATTEST:
CITY CLERK
i'oce!ved :4 kpprevucl
D{ 'i s !eUci Cla .arhrount
�7
CITY OF IOWA CITY
CAPITAL. IMPROVDENTS PROGRMI
FY86 - FY90
PROJECT
PRIOR TRR
FV66
F107
FT11
FTBP
TT90
FUTURE TAS
TOTAL
BRADFORD/FIRST AVE SIGNALS
0
19,000
0
0
0
0
0
191000
BURLINGTON AT PAYING RFFAIN
1,500
16,000
0
0
0
0
0
75,500
BINTOM AT/XO1a0M TOCK SIGNALS
0
0
0
21,000
0
0
0
23,000
SCOTT BOULEVARD PAYING
0
0
0
0
25,000
1,051,500
0
1,076,5DO
BTINGTOM/NELAOSE INTERSECTION
1,500
19,500
0
0
0
0
0
42,000
RgLROSE AYE PAYING
0
0
00,000
676,000
0
0
0
756,000
ROHal ROAD PAYING
0
0
0
25,000
102,000
0
0
127,000
ALLEY PAVSMG FT16
7,000
101,000
0
0
0
0
0
115,000
DUBUQUE ROAD PAYING
0
0
0
6,000
196,000
a
0
200,000
OUNUOUE ST - IONA TO PARK
0
20,000
655,000
0
0
a
0
675,000
I-NIOTM - POSTSX ND
0
6,000
6,000
0
0
0
0
10,000
TAFT SPHONAT PAYING
0
0
0
20,000
167,00D
0
0
112,000
DODGE ST - 050 RD TO GOVERNOR
0
0
0
153,000
170,000
0
0
521,000
RI as CROSSINGS - IST AVE
0
1,500
1111500
0
0
a
a
117,000
$I $a CROSSINGS - 01O/CLINTON
1,500
52,500
0
0
0
0
a
54.000
I.NIDTM - SABOUSNY/IST AYE
0
0
0
27,000
0
0
0
77,000
BURLINGTON ST BRIDGE RCCONAT
72,000
1,245,000
0
0
0
0
0
1.117,000
00DGL ST 64104E DECK SEP41A
0
10,000
115,000
0
0
0
0
125,000
SENIOR AT BRIDGE WIDENING
75,000
160,000
1,212,000
0
0
0
0
1,667,000
BURLINGTON AT AN AT RALSTON CR
0
0
5,000
95,000
0
0
0
50,000
NOOLF AVE BRIDGE DECK REPAIR
0
0
66,000
0
0
0
0
96,000,
BURLINGTON ST FOOTBRIDGE
0
0
0
0
0
61,000
0
61,000
CIL099T ST BRIDGE DECK REPAIR
0
72,000
0
0
0
0
0
72,000
CAEERSIOE SIOEAALKS NSA
0
21,200
0
0
0
0
0
23,200
MEACPA PASS SIDE•ALK
0
12,100
0
0
0
0
0
12,100
■{LLON Cage& PARR SIOE.ALK
0
37,150
0
0
0
0
0
37,150
K OUBUOUE ST AIDUALK
0
0
1,000
17,000
0
0
0
60,000
1090ALK CONSTRUCTION Fns
7,000
130,000
0
0
0
0
0
117,000
CBDI CLSBTON ST - MASH TO IOWA
17,000
159,500
0
0
0
0
0
170,000
PARCEL 16S -2A ISLACKMAWK PRRK7
15,000
110,600
0
0
.0
0
0
165,600
RALSTON CREEK CMAIM IAP
0
0
0
151,520
199,095
106,695
0
959,110
FAOPENTI ACO A CLEARANCE
0
0
12,520
0
0
0
0
12,520
POOL FACILITT
0
0
0
1,250,000
0
0
0
1,750,000
agleam 54 DSAMOBD LIGNTS
0
77,000
0
0
0
0
0
22,000
BUS FLEET EXPANSION/ACPLACEAT
0
9601000
620,000
610,000
150,000
750,000
0
2,520,000
ANIBAL COaT406 FACILITY
0
0
0
0
0
60,000
605,000
665,000
AIXPOAT NAST91 FLAB 1
600,000
600,000
0
0
0
0
0
100,000
AIRCXXFT PARKING
0
0
0
65,000
0
0
0
65,000
SSHOM AT CULVERT MEPLACEMENT
0
0
110,000
0
0
•0
0
170,000
■ COAMID01 S9991AGE 9ETKBSION
0
0
7,500
109,500
0
0
0
117,000
DRCMARD/DOUGLASS $TORN 39MER
0
0
166,000
0
0
0
0
166,000
SPRUCE AT STORM SEMEN
1,000
67,000
0
0
' 0
0
0
60,000
LANDFILL LEACMATE CONTROL
79,000
262,000
0
0
0
0
0
161,000
TOTAL
-� 611.500
) 997,0!0
-1 091.5]D
-1-010 070
-] 00].015
-15701 191
- -LOS 000
I6 1]I 110
..... Bi.•9
.8.0 ......
..s.........i...i
.....:.........i...i.........i.....i...:...
RESOLUTION NO. 8S-62
RESOLUTION AUTHORIZING ADOPTION OF AN AMENDMENT TO THE DEFERRED
COMPENSATION PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIA-
TION RETIREMENT CORPORATION.
WHEREAS, the City of Iowa City maintains a deferred compensation plan for its
employees which is administered by the ICMA Retirement Corporation (the
"Administrator"); and,
WHEREAS, other public employers have joined together to establish the ICMA
Retirement Trust for the purpose of representing the interest of participat-
ing employers with respect to the collective investment of funds held under
their deferred compensation plans; and,
WHEREAS, said Trust is a salutary development which further advances the
quality of administration for plans administered by the ICMA Retirement
Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
that the City hereby executes the ICMA Retirement Trust, attached hereto,
and,
BE IT FURTHER RESOLVED that the Director of Finance shall be the coordinator
for this program and shall receive necessary reports, notices, etc, from the
ICMA Retirement Corporation as Administrator, and shall cast, on behalf of
the Employer, any required votes under the program. Administrative duties to
carry out the plan may be assigned to the appropriate departments.
It was moved by Erdahl and seconded by Ambrisco the Resolution
be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
AMBP.ISCO
X
BAKER
X
DICKSON
X
ERDAHL
X
MCDONALD
X
STRAIT
X
ZUBER
Passed and approved this UIL day of 1•Lnrch 1985.
A OR
ATTEST:
Rocotvod 8, Approvrd
BY Tho�,ky;ai2Fl/&,pe nt
__�:llk3— 2/aY Pi
DECLARATION OF TRUST
of
ICMA RETIREMENT TRUST
ARTICLE I. Name and Definitions
SECTION 1.1. Name. The Name of the Trust created hereby is the
ICMA Retirement Trust.
SECTION 1.2. Definitions. Wherever they are used herein, the
following terms shall have the following respective meanings:
(a) By -Laws. The By -Laws referred to in Section 4.1 hereol, as
amended from time to time.
(b) Deferred Compensation Plan. A deferred compensation plan
established and maintained by a Public Employer for the purpose
of providing retirement Income and other deferred benefits to its
employees in accordance with the provisions of section 457 of
the Internal Revenue Code of 1954. as amended.
(c) Guaranteed Investment Contract. A contract entered into by
the Retirement Trust with insurance companies that provides for
a guaranteed rate of return on Investments made pursuant to
such contract.
(d) ICMA. The International City Management Association.
(e) ICMA/RC Trustees. Those Trustees elected by the Public
Employers who, in accordance with the provisions of Section
3.1(a) hereol, are also members or the Board of Directors of ICMA
or RC.
(1) Investment Adviser. The Investment Adviser that enters into
contract with the Retirement Trust to provide advice with respect
to investment of the Trust Property.
(g) Employer Trust. A trust created pursuant to an agreement
between RC and a Public Employer for the purpose of investing
and administering the funds set aside by such employer in
connection with its deferred compensation agreements with its
employees.
(h) Portfolios. The Portfolios of Investments established by the
Investment Adviser to the Retirement Trust, under the
supervision of the Trustees, for the purpose of providing
investments for the Trust Properly.
(I) Public Employee Trustees, Those Trustees elected by the
Public Employers who, in accordance with the provisions of
Section 3.1(a) hereol, are lull -time employees of Public
Employers.
(I) Public Employer. A unit of stale or local government, or any
agency or instrumentality thereof, that has adopted a Deferred
Compensation Plan and has executed this Declaration of Trust.
(it) RC. The International City Management Association
Retirement Corporation.
(q Retirement Trust. The Trust created by this Declaration of
Trust.
(m) Trust Property. The amounts held in the Retirement Trust on
behalf of the Public Employers. The Trust Properly shall include
any income resulting from the investmenlol theamounisso held.
(n) Trustees. The Public Employee Trustees and ICMArRC
Trustees elected by the Public Employers to serve as membeisof
the Board of Trustees of the Retirement Trust.
APPENDIX B
ARTICLE If. Creation and Purpose of the Trusl; Ownership of Trust
Property
SECTION 2.1. Creation. The Retirement Trust is created and
established by the execution of this Declaration of Trust by the Trustees
and the participating Public Employers.
SECTION 2.2. Purpose. The purpose of the Retirement Trust is to
provide for the commingled investment of funds held by the Public
Employers in connection with their Deferred Compensation Plans. The
Trust Property shall be invested in the Portfolios, in Guaranteed
Investment Contracts and in other investments recommended by the
Investment Adviser under the supervision of the Board of Trustees.
SECTION 2.3 Ownership of Trust Properly. The Trustees shall have
legal title to the Trust Properly. The Public Employers shall be the
beneficial owners of the Trust Properly.
ARTICLE 111. Trustees
SECTION 3.1. Number and Qualification of Trustees.
(a) The Board of Trustees shall consist of nine Trustees. Five of
the Trustees shall be full -lime employees of a Public Employer
(the Public Employee Trustees) who are authorized by such
Public Employer to serve as Trustee. The remaining four Trustees
shall consist of two persons who, at the time of election to the
Board of Trustees, are members of the BOW of Directors of
ICMA and two persons who, at the time of election, are members
of the Board of Directors of RC (the ICMA/RC Trustees). One of
the Trustees who is a director of ICMA, and one of the Trustees
who is a director of RC, shall, at the limeof election, be lull -lime
employees of a Public Employer.
(b) No person may serve as a Trustee for more than one term in
any len-year period.
SECTION 3.2. Election and Term.
(a) Except for the Trustees appointed to fill vacancies pursuant
to Section 3.5 hereol, the Trustees shall be elected by avoteol a
majority of the Public Employers in accordance with the
procedures set forth in the By -Laws.
(b) At the first election of Trustees, three Trustees shall be
elected for a term of three years, three Trustees shall be elected
for a term of two years and three Trustees shall be elected for a
term of one year, At each subsequent election, three Truslees
shall be elected for a term of three years and until his or her
successor is elected and qualified.
SECTION 3.3. Nominations. The Trustees who are lull -time
employees of Public Employers shall serve as the Nominating
Committee for the Public Employee Trustees, The Nominating
Committee shall choose candidates for Public Employee Trustees In
accordance with the procedures set forth in the By -Laws.
SECTION 3.4. Resignation and Removal.
(a) Any Trustee may resign as Trustee (without need for prior or
subsequent accounting) by an instrument In writing signed by the
Trustee and delivered to the other Trustees and such resignation
shall be effective upon such delivery, or at a later dale according
�v
to the terms of the instrument. Any of the Trustees may be
removed for cause, by a vote of a majority of the Public
Employers.
(b) Each Public Employee Trustee shall resign his or her position
as Trustee within sixty days of the date on which he or she ceases
to be a full-time employee of a Public Employer.
SECTION 3.5. Vacancies. The term of office of a Trustee shall
terminate and a vacancy shall occur in the event of the death,
resignation, removal, adjudicated incompetence or other incapacity to
perform the duties of the office of a Trustee. In the case of a vacancy, the
remaining Trustees shall appoint such person as they in Iheirdiscretion
shall see fit (subject to the limitations set forth in this Section), to serve
for the unexpired portion of the term of the Trustee who has resigned or
otherwise ceased to be a Trustee. The appointment shall be made by a
written instrument signed by a majority of the Trustees. The person
appointed must be the same type of Trustee (i.e., Public Employee
Trustee or ICMA/RC Trustee) as the person who has ceased to be a
Truslee. An appointment of a Trustee may be made in anticipation of a
vacancy to occur at a later date by reason of retirement or resignation,
provided that such appointment shall not become effective prior to such
retirement or resignation. Whenever a vacancy in the number of
Trustees shall occur, until such vacancy is filled as provided in this
Section 3.5, the Trustees in office, regardless of their number, shall have
all the powers granted lathe Trustees and shall discharge all the duties
imposed upon the Trustees by this Declaration. A written instrument
certifying the existence of such vacancy signed by a majority of the
Trustees shall be conclusive evidence of the existence of such vacancy.
SECTION 3.6. Trustees Serve in Representative Capacity. By
executing this Declaration, each Public Employer agrees that the Public
Employee Trustees elected by the Public Employers are authorized to
act as agents and representatives of the Public Employers collectively.
ARTICLE IV. Powers of Trustees
SECTION4.1. General Powers. The Trustees shall have the power to
conduct the business of the Trust and to carry on its operations. Such
power shall include. but shall not be limited to. the power to;
(a) receive the Trust Property from the Public Employers or from
a Trustee of any Employer Trust;
(b) enter into a contract with an Investment Adviser providing.
among other things, for the establishment and operation of the
Portfolios, selection of the Guaranteed Investment Contracts in
which the Trust Property may be invested, selection of other
Investments forthe Trust Properlyand thepayment ofreasonable
lees to the Investment Adviser and to any sub -investment adviser
retained by the Investment Adviser;
(c) review annually the performance of the Investment Adviser
and approve annually the contract with such Investment Adviser;
(d) Invest and reinvest the Trust Property in the Portfolios, the
Guaranteed Investment Contracts and In any other Investment
recommended by the Investment Adviser, provided that it a
Public Employer has directed that its monies be invested in
specified Portfolios or In a Guaranteed Investment Contract, the
Trustees of the Retirement Trust shall Invest such monies In
accordance with such directions:
(e) keep such portion of the Trust Property in cash or cash
balances as the Trustees, from time to time, may deem to be In the
best Interest of the Retirement Trust created hereby. without
liability for interest (hereon;
(f) accept and retain for such time as they may deem advisable
any securities or other properly received or acquired by them as
Trustees hereunder, whether or not such socurtlles or other
Properly would normally be purchased as investments here.
under;
(g) cause any securities or other property hold as part of the
Trust Property to be registered In the name of the Retirement
Trust or in the name of a nominee, and to hold any investments in
bearer form, but the books and records of the Trustees shall at all
times show that all such investments are a part of the Trust
Property;
(h) make, execute, acknowledge, and deliver any and all
documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the
powers herein granted;
(t) vote upon any stock, bonds, or other securities; give general
or special proxies or powers of attorney with or without power of
substitution; exercise any conversion privileges, subscription
rights, or other options, and make any payments incidental
thereto; oppose, or consent to, or otherwise participate in,
corporate reorganizations or other changes affecting corporate
securities, and delegate discretionary powers, and pay any
assessments or charges in connection therewith: and generally
exercise any of the powers of an owner with respect to stocks,
bonds, securities or other properly held as part of the Trust
Property:
(j) enter into contracts or arrangements for goods or services
required in connection with the operation of the Retirement
Trust, including, but not limited to, contractswith custodians and
contracts for the provision of administrative services;
(k) borrow or raise money for the purpose of the Retirement
Trust in such amount, and upon such terms and conditions, as the
Trustees shall deem advisable, provided that the aggregate
amount of such borrowings shall not exceed 30% of the value of
the Trust Property. No person lending money to the Trustees
shall be bound to see the application of the money lent or to
Inquire Into its validity, expediency or propriety of any such
borrowing;
(1) incur reasonable expenses as required forthe operation of the
Retirement Trust and deduct such expenses from the Trust
Property;
(m) pay expenses properly allocable to the Trust Property
Incurred in connection with the Deferred Compensation Plans or
the Employer Trusts and deduct such expenses from that portion
of the Trust Property beneficially owned by the Public Employer
to whom such expenses are properly allocable;
(n) pay out of the Trust Properly all real and personal property
lazes, Income taxes and other taxes of any and all kinds which, in
the opinion of the Trustees, are properly 'levied, or assessed
under existing or future laws upon, or in respect of, the Trust
Property and allocaleany such taxesto the appropriate accounts;
(o) adopt, amend and repeal the By -Laws, provided that such By -
Laws are at all limes consistent with the terms of this Declaration
of Trust;
(p) employ persons to make available interests In the Retirement
Trust to employers ellglble to maintain a deferred componsation
plan under section 457 of the Internal Revenue Code, as
amended;
(q) issue the Annual Report of the Retirement Trust, and the
disclosure documents and other literature used by the
Retirement Trust:
(r) make loans, including the purchase of debt obligations,
provided that all such loans shall bear interest at the current
market rate;
(s) contract for, and delegate any powers granted hereunder lo,
such officers, agents, employees, auditors and attorneys as the
Trustees may select, provided that the Trustees may not delegate
the powers set forth In paragraphs (b). (c) and (o) of this Section
4.1 and may not delegate any powers it such delegation would
violate their fiduciary tluties:
(t) provide for the indemnification of the officers and Trustees of
the Retirement Trust and purchase fiduciary Insurance;
(u) maintain books and records, Including separate accounts for
each Public Employer or Employer Trust and such additional
separate accounts as are required under. and consistent with, the
Deferred Compensation Plan of each Public Employer; and
(v) do all such eels, take ell such proceedings, and exercise all
such rights and privileges, although not specifically mentioned
herein, as the Trustees may deem necessary or appropriate to
administer the Trust Property end io carryout the purposes of the
Retirement Trust.
SECTION 4.2. Distribution of Trust Property. Distributions of the
Trust Properly shall be made to, or on behalf of, the Public Employer, in
accordance with the terms of the Deterred Compensation Plans or
Employer Trusts. The Trustees of the Retirement Trust shall be fully
protected in making payments in accordance with the directions of the
Public Employers or the Trustees of the Employer Trusts without
ascertaining whether such payments are in compliance with the
provisions of the Deterred Compensation Plans or the agreements
creating the Employer Trusts.
SECTION 4.3. Execution of Instruments. The Trustees may
unanimously designate any one or more of the Trustees to execute any
instrument or document on behalf of all, including but not limited lathe
signing or endorsement of any check and the signing of any
applications, insurance and other contracts, and the action of such
designated Trustee or Trustees shall have the same force and ellect as if
taken by all the Trustees.
ARTICLE V. Duty of Care and Liability of Trustees
SECTION 5.1. Duty of Care. In exercising the powers hereinbefore
granted to the Trustees, the Trustees shall perform all acts within their
authority for the exclusive purpose of providing benefits for the Public
Employers, and shall perform such acts with the care. skill, prudence
end diligence in thecircumtances then prevailing that a prudent person
acting In a like capacity and familiar with such matters would use in the
conduct of an enterprise ole like character and with like aims.
SECTION 5.2. Liability. The Trustees shall not be liable for any
mistake of judgment or other action taken in good faith, and for any
action taken or omitted in reliance In good filth upon the books of
account or other records of the Retirement Trust, upon the opinion of
ement Trust by
of its
counsel
mployeesorragents orts dorbythe Ie to the nvestmentAdviser oranysub-
investment adviser, accountants, appraisers or other experts or
consultants selected with reasonable care by the Trustees, officers or
employees of the etirement
ustees
for any foss sustained Trust
edby the Tru Trust PrThe operty shall
y by reason of any investment
made In good faith and in accordance with the standard of care set forth
In Section 5.1.
SECTION 5.3. Bond. No Trustee shell be obligated to give any bond
or other security for the performance of any of his or her duties
hereunder.
ARTICLE VI. Annual Report to Shareholders
The Trustees shall annually submit lathe Public Employers a written
report of the transactions of the Retirement Trust, including financial
statements which shall be certified by independent public accountants
chosen by the Trustees.
ARTICLE VII. Duration or Amendment of Retirement Trust
SECTION7.1. Withdrawal. A Public Employer may. at anytime, with-
draw from this Retirement Trust by delivering to the Board of Trustees
statement to that effect. The withdrawing Public Employer's beneficial
interest in the Retirement Trust shall be paid out to the Public Employer
or to the Trustee of the Employer Trust, as appropriate.
SECTION 7.2. Duration. The Retirement Trust shall continue until
terminated by the vote of a majority of the Public Employers, each
cating one vote. Upon
paid out to the Publictermination. Trust
Employersorlhe7 ustees of the Employer Trulsts.
as appropriate.
SECTION 7.3. Amendment. The Retirement Trust may be amended
by the vote of a majority of the Public Employers, each casting one vote.
SECTION 7.4. Procedure. A resolution to terminate or amend the
Retirement Trust or to remove a Trustee shall be submitted to a vote of
the Public Employers if: lel a majority of the Trusleesso direct, or (b) a
petition requesting a vote, signed by not less than 25%0l the Public
Employers, is submitted to the Trustees.
ARTICLE VIII. Miscellaneous
SECTION8.1. Governing Law. Except as otherwise required by state
or local law, this Declaration of Trust and the Retirement Trust hereby
created shall be construed and regulated by the laws of the District of
Columbia.
SECTION 8.2. Counterparts. This Declaration may be executed by
the Public Employers and Trustees in two or more counterparts, each of
which shall be deemed an original but all of which together shall
constitute one and the some Instrument.
RESOLUTION NO. 85-63
RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO
EXECUTE A DEED CONVEYING ELM GROVE PARK TO
JOHNSON COUNTY, IOWA.
WHEREAS the City of Iowa City has entered into
an agreement for the sale by the City of Iowa
City of Elm Grove Park to Johnson County,
Iowa, said tract of land known as Elm Grove
Park is legally described as follows:
Commencing at the Southeast Corner
of the Northwest Corner of Section
15, Township 79 North, Range 6 West,
of the 5th Principal Meridian; Thence
S90000'00"W, (An assumed bearing),
along the South line of the
Northwest Quarter of said Section
15, and which is the Centerline of
Kirkwood Avenue, 697.09 feet to a
point on the Easterly line of Outlot
1, County Seat of Johnson County, an
addition to Iowa City, Iowa, accord-
ing to the Recorded Plat thereof,
extended: Thence N0035'26"E,
35.00 feet, along said Easterly
line extended, to the Southeast
Corner, of said Outlot 1; Thence
N0035'26"E, 349.99 feet, along the
Easterly line of said Outlot 1, to
the Point of Beginning; Thence
S90000'00"W, parallel to the South
line of said Outlot 1, 219.31;
Thence S0042'12"W, 30.00 feet;
Thence S90000'00" W, parallel to the
South line of said Outlot 1, 100.00
feet to a point on the Westerly line
of said Outlot 1; Thence N0042'12"E,
221.15 feet, along the Westerly line
of said Outlot 1, to the Northwest
Corner of said Outlot 1; Thence
S89017152"E, 293,92 feet, along the
Northerly line of said Outlot 1, to
a point which is 25.00 feet,
N89017'52"W, of the Northeast Corner
of said Outlot 1; Thence
S44°21'27"E, 35.39 feet to a point
on the Easterly line of said Outlot
1, and which point is 25.00 feet,
S0035'26"W of the Northeast Corner
of said Outlot 1; Thence S0035'26"W,
162.24 feet along the Easterly line
of said Outlot 1, to the Point of
Beginning. Said tract of land
-/ 7O
Resolution No. 85-63
Page 2
contains 1.45 acres more or less and
is subject to easements and
restrictions of record;
and
WHEREAS, Johnson County, Iowa has agreed to
pay the sum of Two Hundred Thousand Dollars
($200,000.00) for the above-described real
estate; and
WHEREAS, the city Council deems it to be in
the public interest to convey the city -owned
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF IOWA CITY, IOWA: that the Mayor is
authorized to sign and the City Clerk to
attest a deed conveying said property to
Johnson County, Iowa upon payment of the
aforesaid sum of money.
It was moved by AmbriSce and seconded by
Baker 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 March,
1985. 6 i n /1
i
ATTEST:
Rac0vad 8, Appmved
By Tha laanaf D,,parftnent
AV0710
IOWA STAT! RAR ASSOCIATION tot TNR utlu swan a Tw[ uta g
Mclal Rarer No. S or V1,111 row, toNtutT roue uwna fi
DEED (WITHOUT WARRANTY)
Iknoto iall;Mtn by Tbtoe Prtgentg: That ........09... 0.ty..of...lowa„City,,„,Iowa.,.,_a..................
municipal, corporation....................................................................................................................................................
of........).nh.r.tun....................... County, State of .............. Iowa,, in consideration of the sum of
Otle...dR.1.Id C..aOA...aS.he.C..Y.al�ak.).e..consideration................................................................................................
in hand paid do hereby Convey unto ..... )Vhnun... R!!JICY.....7.QW..d...............................................................................
the following described real estate situated in ..................... J.ohnsAn..................................... County, Iowa, to wit:
Commencing at the Southeast Corner of the Northwest Corner of Section 15, Township 79
North, Range 6 West, of the 5th Principal Meridian; thence S 90000'00” W, (an assumed
bearing), along the -South line of the Northwest Quarter of said Section 15, and which is
the Centerline of ;irkwood Avenue, 697.09 feet to a point on the Easterly line of Outlot
1, County Seat of,. Johnson County, an addition to Iowa City, Iowa, according to the
Recorded Plat thereof, extended: thence N 00035'26" E. 35.00 feet, along said Easterly
line extended to the Southeast Corner, of said Outlot 1; thence N 00035'26" E, 349.99
feet, along the Easterly line of said Outlot 1, to the Point of Beginning; thence S
90000'00" W. parallel to the South line of said Outlot 1, 219.31; thence S 00042'12" W,
30.00 feet; thence S 90000'00" W, parallel to the South line of said Outlot 1, 100.00
feet to a point on the Westerly line of said Outlot 1; thence N 00042'12" E, 221.15 feet,
along the Westerly line of said Outlot 1, to the Northwest Corner of said Outlot 1;
thence S 89017'52' E. 293.92 feet, along the Northerly line of said Outlot 1, to a point
which is 25.00 feet, N 89017'52" W, of the Northeast Corner of said Outlot 1; thence S
44021'27" E, 35.39 feet to a point on the Easterly line of said Outlot 1, and which point
Is 25.00 feet, S 00035126" N of the Northeast Corner of said Outlot 1; thence S 00035'26"
W, 162:24 feet along the Easterly line of said Outlot 1, to the Point of Beginning. Said
tract of land contains 1.45 acres more or less and is subject to easements and restric-
tions of record.
Grantor, City of Iowa City, Iowa, hereby reserves a permanent easement for sanitary sewer
purposes located along the easterly 10 feet of the real estate legally described in. This
easement shall be permanent, Grantor exempt from taxation on real estate transfer
pursuant to Iowa Code Sec. 428A.2(6) as a governmental subdivision of the State of Iowa.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and
to the above described premises.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and
as feminine or masculine gender, according to the contest.
Signed this ......9th........... day of _........... Aori 1 ...................... 19.85..
STATE OF IOWA,
COUNTY of Johnson
C� ±TTEST:
................................_................
.............!..._hn yyMc"�Donald, /Ifs — �&. �w
City -Clerk
On this •/-.—�•-. day of _Gsy 4 --- A.D. 19&
before me, the undersigned, a 11otary Public in and for said
o my in aaj& State, p sonally appe ed --•••—---•-••
to me known to be the Identical persons named 1n and who
executed the foregoing Instrument, and acknowledged that
y cuted the same as the�ct and deed.
Notary Public in and for said County
0
RESOLUTION N0. 85-64
RESOLUTION AUTHORIZING FILING OF NOTICE OF INTENTION TO ACCEPT THE URBAN
RENEWAL DEVELOPMENT PROPOSAL FOR PARCEL 65-2h; SETTING A PUBLIC HEARING
FOR APRIL 23, 1985, ON THE PROPOSED SALE AND CONVEYANCE OF SAID PARCEL FOR
PRIVATE REDEVELOPMENT; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF
SUCH ACTIONS.
WHEREAS, the City of Iowa City has solicited bids for the redevelopment of Urban
Renewal Parcel 65-2b, and,
WHEREAS, the City has received a proposal from the Small -Mears Building Company, a
partnership owned by Philip Mears and Arthur Small, Jr., and,
WHEREAS, pursuant to Section 403.8 of the Code of Iowa the City wishes to file a
notice of its intention to accept the redevelopment proposal by Small -Mears
Building Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
i
1. That the City Manager be hereby directed to file with the City Clerk a copy of
the attached contract, which contract as well as this resolution shall serve
as a notification of the City's intention to accept the redevelopment proposal
of Small -Mears Building Company. This notification is pursuant to the
provisions of Section 403.8(2) of the Code of Iowa.
2. That a public hearing is hereby set for Tuesday, April 23, 1985, at 7:30 p.m.
in the Council Chambers, Iowa City Civic Center, 410 E. Washington St., Iowa
City, Iowa, at which time and place the City Council will consider the sale
and conveyance of said Parcel 65-2b for private redevelopment.
3. That, as required by law, the City Clerk is hereby authorized and directed to
publish notice of public hearing on the proposed sale and conveyance of said
parcel.
4. The adoption of this Resolution does not constitute an acceptance of the
proposal of Small -Mears Building Company and the City shall remain free to
accept or reject the proposal. Further, the City may seek modifications in
the proposal.
It was moved by Zuber 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/1of DLirch , 1985.
ATTEST: L�--%�—�� hlq�v,l;i1 3 4 5 r
V L'�a l�
7%/
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I
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part I and Part II annexed hereto and made
a part hereof (which Part I and Part II are together hereinafter called
"Agreement"), made on or as of the 4th dayof
19 AS by and between the City of Iowa City, Iowa, aicpublo y corporate
i
(w Ti'ct together with any successor public body or officer hereafter desig-
nated by or pursuant to taw, is hereinafter called the "City"), established
pursuant to the statutes of the State of Iowa pertaining to Municipalities,
Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended
(hereinafter called "Urban Renewal Act") and having its office at the Civic
Center in the City of Iowa City, State of Iowa, and SmallM
Com any (hereinafter called "Redeye-oper an having
an o ice or the transac ion of business at Smite 6 Paul -Helen Bide.
Iowa City, Iowa 52240 , WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the
City has undertaken a program for the clearance and reconstruction or
rehabilitation of slum and blighted areas in the City, and in this connection
is engaged in carrying out an urban renewal project (hereinafter called
"Project") in an area (hereinafter called the "Project Area") located in the
City; and
WHEREAS, as of the date of this Agreement there has been prepared and
approved by the City an urban renewal plan for the Project, consisting of the
Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157, as
amended from time to time and as it may hereafter be further amended pursuant
to law (as so constituted is, unless otherwise indicated by the context,
hereinafter called "Urban Renewal Plan"), and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of
the Agreement has been recorded among the land records for the place in which
the Project Area is situated, namely, in the Office of the Johnson County
Recorder in Book 723, at page 156, and has been filed in the Office of the
Clerk of the City located at the Civic Center in the City; and
WHEREAS, in order to enable the City to achieve the objectives of the
Urban Renewal Plan and particularly to make the land in the Project Area
avaiTabTe i•or de�opment by private enterprise for redevelopment in accor-
dance with the Urban Renewal Plan, both the Federal Government and the City
have under takentd provide and lave provided substantial aid and assistance
through a Contract for Loan and Capital Grant dated September 2, 1970, in the
case of the Federal Government; and
WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has
offered to sell and the Redeveloper is willing to purchase certain real
property located in the Project Area and more particularly described in
Schedule A annexed hereto and made a part hereof (which property as so
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WHEREAS, the City believes that the redevelopment of the Property
pursuant to the Agreement, and the fulfillment generally of the Agreement,
are in the vital and best interests of the City and health, safety, morals,
and welfare of its residents, and in accord with the public purposes and
provisions of the applicable Federal, State, and local laws and requirements
under which the Project has been undertaken; and
WHEREAS, the City has acquired title to certain property described in
Schedule A hereof:
NOW, THEREFORE, in consideration of the premises and the mutual obliga-
tions of the parties hereto, each of them does hereby covenant and agree with
the other as follows:
SECTION 1. SALE: PURCHASE PRICE
Subject to all terms, covenants, and conditions of the Agreement, the
City will sell the property described in Schedule a hereof to the
Redeveloper for, and the Redeveloper will purchase the property from the
City and pay therefor, the amount set forth in Schedule B hereof, subject
to the terms and conditions of Section 2 of this Agreement. The amount
set forth in Schedule B, hereinafter called "Purchase Price," is to be
paid in cash or by certified check simultaneously with the delivery of
the deeds conveying the property to the Redeveloper.
SECTION 2. CONVEYANCE OF PROPERTY
(a) Form of Deed. The City shall convey to the Redeveloper title to the
property 6y Special Warranty Deed (hereinafter called "Deed"). Such
conveyance and title shall, in addition to the condition subse-
quently provided for in Section 704, Part II, hereof, and to all
other conditions, covenants, and restrictions set forth or referred
to elsewhere in the Agreement, be subject to:
(1) Such easements as it shall have been necessary, pursuant to the
Urban Renewal Plan, for the City to reserve, for itself or for
future dedication or grant, for sewers, drains, water and gas
distribution lines, electric, telephone, and telegraph instal-
lations, rights-of-way and access, or as described or referred
to in Schedule A, description of property, attached hereto and
referenced as a part hereof;
(2) All conditions, covenants and restrictions contained in said
Urban Renewal Plan and Part I and Part II of this Contract.
(b) Time and Place for Delivery of Deeds. The City shall deliver the
Deed and possession of the property to the Redeveloper upon payment
of the purchase price in full upon such dates as called for in this
Agreement. Conveyance shall be made at the principal office of the
City and the Redeveloper shall accept such conveyance and pay to the
City at such time and place the purchase price in full for each
parcel delivered.
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(c) Record in of Deeds. The Redeveloper shall promptly file the Deed
or recording among the land records of Johnson County, Iowa. The
Redeveloper shall pay all costs for so recording said Deed. This
Contract for Sale of Land for Private Redevelopment shall also be
recorded at the Johnson County Recorder's Office. Upon said
recording, the real property herein described shall be deemed
taxable real estate under Iowa property tax law. Further, the
Redeveloper shall be responsible for all such property taxes from
the date of recording of this Contract of Sale of Land for Private
Redevelopment. In the event legal title is not delivered to the
Redeveloper, parties agree that said taxes will be pro-rated between
the Redeveloper and the City between applicable date of possession
and the date of termination or expiration of this Contract.
(d) Delivery of the Abstract. The City will furnish to the Redeveloper
in advance of the closing on the parcel, an abstract of title
showing good marketable title in the City of Iowa City, Iowa, free
and clear of all taxes, assessments or other encumbrances except as
herein specified. The abstract of title shall be at City expense
and will be certified by a qualified abstracting company to the
close of business as the closest practical date prior to the date of
the deed of conveyance. The cost of obtaining an attorney's
examination of the abstract for title opinion and/or the cost of
obtaining title insurance, if required, shall be at the expense of
the Redeveloper.
(e) Delivery of Property. The City will deliver the property described
in Schedule A hereof at the time set forth in Schedule C hereof. The
Redeveloper agrees to pay for and accept title of such property as
called for in this Agreement and agrees to begin development
promptly on the property conveyed within the time called for in this
Agreement. Failure by the Redeveloper to pay for and accept
delivery of the urban renewal land as called for herein will result
in forfeiture of the deposits posted with the City by the
Redeveloper attributable to such property, without limiting the City
as to other remedies against the Redeveloper. In the event the City
is unable to deliver the property as called for in Schedule C to the
Redeveloper, the Redeveloper shall have the option of rescinding the
development contract by causing a written notice to be served upon
the City of the exercise of such option. Upon receipt by the City
of this notice, the City shall have sixty (60) days to cure the
default by tendering the property covered in the notice to the
Redeveloper. If the City is unable to cure the default within the
sixty (60) days as provided herein, the Redeveloper shall, at its
opinion, stand relieved of its obligation to accept the parcel
involved and the City shall, in such event, promptly refund the
Redeveloper's good faith deposit, referred to in Section 3 hereof.
It is expressly understood and agreed that the City shall have no
other liability, direct or indirect, to the Redeveloper on account
of delay or inability to deliver land to the Redeveloper as called
for in this Agreement and the Redeveloper's remedy in the event of
default by the City in delivery of urban renewal land is hereby
specifically limited to rescinding the contract as to such land as
provided in this paragraph.
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1171
(f) Default b Develo er. in the event the Redeveloper fails to accept
de i%e y of
and pay for the property described herein, as called for
in this Agreement, the City may, at its option, call the entire
Agreement in default, serve a proper notice of forfeiture upon the
Redeveloper, and terminate this Agreement in its entirety.
(g) Condition Precedent to Conveyance. The City's obligation to convey
to the Redeveloper title to the property described herein is subject
to the condition precedent concerning financing as set forth in
Schedule C hereof.
SECTION 3. GOOD FAITH DEPOSIT
(a) Amount. The Redeveloper has, prior to or simultaneously with the
execution of the Agreement by the City, delivered to the City a good
faith deposit or a surety bond in the penal amount of Five Hundred
Dollars ($500.00), in which the City is the obligee, issued by
'a surety company regularly engaged in
the issuance of undertakings and on the list of survey compa-
nies approved by the United States Treasury for at least such
amount, or cash, or a certified check satisfactory to the City in
the amount of Five Hundred Dollars ($500.00), hereinafter called
"Deposit," as security for the performance of the obligations of the
Redeveloper to be performed prior to the return of the Deposit to
the Redeveloper, or its retention by the City as liquidated damages,
as the case may be, in accordance with the Agreement.
The Deposits, if cash or certified check, shall be deposited in an
account of the City in a bank or trust company selected by it.
(b) Interest. The City shall be under no obligation to pay or earn
interest on the Deposit, but if interest is payable thereon such
interest when received by the City shall be promptly paid to the
Redeveloper.
(c) Retention by City. Upon termination of the Agreement as provided in
Sections 703 and 704 of Part II hereof, the Deposit or the proceeds
of the Deposit, if not theretofore returned to the Redeveloper
pursuant to Paragraph (d) of this Section, including all interest
payable to such Deposit or the proceeds thereof after such termina-
tion, shall be retained by the City Agency as provided in Sections
703 and 704 of Part II hereof.
(d) Return to Redeveloper. Upon issuance of both Certificates of
Completion as called for in Section 305 of Part II hereof, or upon
termination of the Agreement as provided in Section 702 of Part II
hereof, the Deposit shall be returned to the Redeveloper by the
City.
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SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS
The construction of the Improvements called for in this Agreement shall be
commenced and completed in accordance with Schedule D hereof. [Here insert
appropriate language concerning access to the alley of Block 65 and design
considerations for abutting City property as stated in the prospectus.]
See separate documents: "Access Commitment and City Plaza Design Assista
SECTION 5. TIME FOR CERTAIN OTHER ACTIONS
(a) Time for Submission of Construction Plans. The Redeveloper shall submit
construction plans as called for in Section 301 of Part II of this
Agreement as soon as possible subsequent to the time for conveyance set
forth in Schedule C hereof.
(b) Time for Submission of Corrected Plans. In the event that Preliminary
Design Plans or Construction Plans are rejected by the City, as set
forth in Section 301 of Part II of this Agreement, the Redeveloper shall
submit corrected plan within thirty (30) days of said rejection.
(c) If any hardship shall exist in complying with the foregoing provisions
of this Section, the Redeveloper may petition to the City in writing for
an extension of time for performance of any part of this Section,
setting forth in detail the reasons for needing such extension.
SECTION 6. PERIOD OF DURATION OF COVENANT ON USE
The covenants pertaining to the use of the Property, set forth in Paragraph
(a) of Section 401 of Part II hereof, shall remain in effect from the date of
the Deed until October 2, 1994, the period specified or referred to in the
Urban Renewal Plan, and shall automatically extend for five year periods
Ltrea tet r, unless changed by the City Council.
SECTION 1. NOTICES AND DEMANDS
A notice, demand, or other communication under the Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by
registered or certified mail, postage prepaid, return receipt requested, or
delivered personally, and
(i) in the case of the Redeveloper, is addressed to or delivered personally
to the Redeveloper at
AND
1-5
(ii) in the case of the City, is addressed to or delivered personally to
the:
City Manager
Civic Center
410 E. Washington Street
Iowa City, Iowa 52240
or at such other address with respect to either such party as that may,
from time to time, designate in writing and forward to the other as
provided in this Section.
SECTION 8. COUNTERPARTS
The Agreement is executed in three (3) counterparts, each of which shall
constitute one and the same instruments.
SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL REVENUE BONDS
Fees will be determined at time of issuance of the Industrial Revenue Bonds.
i
SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION
The Redeveloper shall submit to the City, on or before July 1, 1985 , or
upon such earlier or later request of the City, the detailed financial
information necessary to support the issuance of industrial revenue bonds
and/or for the submission of an application to the Urban Development Action
i' Grant program.
I-6
IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed
j in its name and behalf by its Mayor and its seal to be hereunto duly affixed
and attested by its City Clerk, and the Redeveloper has caused the Agreement
to be duly executed in its name and behalf by its on or
i as of the day first above written.
CITY OF IOWA CITY, IOWA:
ATTEST:
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� BY:
CITY CLERK MAYOR
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
i
On this day of A.D., 198_, before me, a Notary
Public duly commissioned and qualified in and for said County and State,
personally appeared John McDonald, Mayor of the City of Iowa City, Iowa, and
Marian K. Karr, City Clerk of said City, each being to me personally known to
be the identical persons and officers named in the foregoing instrument, who
executed the same under and by virtue of the authority vested in them by the
City Council of said City, and each for himself/herself acknowledged the
execution thereof to be his/her voluntary act and deed for purposes herein
expressed.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed my
notarial seal the day and year last above written.
Notary Public in and for
County, State of
My Commission expires
Redeveloper
ATTEST:
Secretary
n
BY:
President
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CORPORATE ACKNOWLEDGEMENT
STATE OF
ss
COUNTY OF
On this day of A.D., 19 , before me
a Notary Public, in and for said County
and State, President, and ,
Secretary or Treasurer, to the
Corporation which executed the above and foregoing instrument, who being to
me known as the identical persons who signed the foregoing instrument, and by
me duly sworn, each for himself, did say that they are respectively the
, President, and , Secretary or
Treasurer, of said Corporation; that (the seal affixed to said instrument is
the seal of said Corporation) (said Corporation has no seal) and that said
instrument was by them signed and sealed on behalf of the said Corporation,
by authority of its Board of Directors, and each of them acknowledged the
execution of said instrument to be the voluntary act and deed of said
Corporation, by it and each of them voluntarily executed.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed my
Notarial Seat the day and year last above written.
Notary Public in and for
County, State of
My Commission expires
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PARCEL NO.
65-2b
R
SCHEDULE B
PRICE OFFERED
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PRICE
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SCHEDULE D
Improvements on the parcel listed below will commence and be completed in
accordance with the following schedule:
PARCEL NO. COMMENCEMENT COMPIFTTnN I
Small -
Part II
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
and
The City of Iowa City, Iowa
for
Parcel 65-2b
1171
ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT
SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City
shall convey and the Redeveloper shall accept the property set forth in
Schedule A of this agreement AS IS and it is expressly agreed that the City
makes no warranty, express or implied, regarding subsurface conditions and
that the City shall have no liability for any damages arising from subsurface
conditions. It is further agreed that any contracts or specifications for
site demolition and clearance which may have been examined by the Redeveloper
were examined for information purposes only, and that the City shall assume
no liability for any defects or variance from the specifications for work
previously completed.
SECTION 102. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City,
without expense to the Redeveloper or assessment or claim against the
property, shall cause the restriction of traffic and construction of public
improvements on existing street rights-of-way, and the construction of
parking structures as specifically set forth in the Urban Renewal Plan. The
City reserves the right to make future modifications tc tthe traffic circula-
tion system and to the public improvements when such changes are deemed
necessary and in the public interest.
SECTION 103. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The
Redeveloper hereby waives (as the purchaser of the Property under the
Agreement and as the owner after the conveyance of the Property provided for
in the Agreement) any and all claims to award of damages, if any, to compen-
sate for the closing, vacation, restriction, change of restriction or change
of grade of any street, alley, or other public right-of-way within c.^
fronting or abutting on, or adjacent to, the Property which, pursuant to
Section 102 hereof, is to be closed or vacated, or the grade of which is to
be changed, and shall upon the request of the City subscribe to, and join
with, the City in any petition or proceeding required for such vacation,
dedication, change of grade, and, to the extent necessary, rezoning, and
execute any waiver or other document in respect thereof.
ARTICLE II. RIGHTS OF ACCESS TO PROPERTY
SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for
itself, the City, and any public utility company, as may be appropriate, the
unqualified right to enter upon the Property at all reasonable times for the
purpose of reconstructing, maintaining, repairing, or servicing the public
utilities located within the Property boundary lines and provided for in the
easements described or referred to in Paragraph (a), Section 2 of Part I
hereof.
SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The
Redeveloper shall not construct any building or other structure or improve-
ment on, over, or within the boundary lines of any easement for public
utilities described or referred to in Paragraph (1), Section 2 of Part I
hereof, unless such construction is provided for in such easement or has been
approved in writing by the City Engineer, or the authorized representative of
an affected public utility.
SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by
e City to the Re eve oyer, —the City shall permit representatives of the
Redeveloper to have access to any Property to which the City holds title, at
all reasonable times for the purpose of obtaining data and making various
tests concerning the Property necessary to carry out the Agreement. After
the conveyance of the Property by the City to the Redeveloper, the
Redeveloper shall permit employees, agents or representatives of the City
access to the Property at all reasonable times for the purposes of the
Agreement, including, but not limited to, iispection of all work being
performed in connection with the construction of the Improvements. No
compensation shall be payable nor shall any charge be made in any form by any
party for the access provided for in this Section.
ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTIO14 OF IMPROVEMENTS. Whenever used in this
Agreement, the term "preliminary design plans" shall include a site plan and
preliminary plans for Improvements which clearly show the size, location, and
external appearance of any structures, along with such other information as
is necessary to determine the intentions of the Redeveloper. The term
"construction plans" shall mean all plans, specifications, drawings, or other
information required to be submitted for issuance of any permit called for by
applicable codes and ordinance subsequent to the designation of the
Redeveloper. The term "Improvements" as used in this Agreement, shall be
deemed to make reference to any buildings, structures, renovations, or other
improvements as provided for and specified in this Agreement, preliminary
design plans, and construction plans.
The Redeveloper shall, prior to the construction of the Improvements called
for in this Agreement, submit for approval by the City Council construction
plans, and such other information as is necessary for the City Council to
determine the intentions of the Redeveloper. Approval of such construction
plans by the City Council shall in no way relieve the Redeveloper of the
responsibility for obtaining all required permits and otherwise fully
complying with all applicable state and local codes and ordinances. Follow-
ing approval of the construction plans by the City Council, the Redeveloper
shall obtain all permits required by applicable City codes and ordinances.
All work with respect to the Improvements to be constructed or provided by
the Redeveloper on the property shall be in conformity with the preliminary
design plans and construction plans as approved by the City Council.
SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires to
make any changes in the construction plans after their approval by the City
Council, the Redeveloper shall submit the proposed change to the City Council
for its approval. Changes in construction plans as defined herein, may be
approved by the Department of Housing and Inspection Services, provided that
such changes will not cause the Improvement to be constructed in a manner not
consistent with the preliminary design plans as approved by Council.
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SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS.
The Redeve oyer agrees for itself, its successors and assigns, and every
successor in interest to the Property, or any part thereof, and the Deed
shall contain covenants on the part of the Redeveloper for itself and such
successors and assigns, that the Redeveloper, and such successors and
assigns, shall promptly begin and diligently pursue to completion the
redevelopment of the Property through the construction of the Improvements
thereon, and that such construction shall in any event be begun within the
period specified in Section 4 of Part I hereof and be completed within the
period specified in such Section 4. It is intended and agreed, and the Deed
shall so expressly provided, that such agreements and covenants shall be
covenants running with the land and that they shall, in any event, and
without regard to technical classification or designation, legal or other-
wise, and except only as otherwise specifically provided in the Agreement
itself, be, to the fullest extent permitted by law and equity, binding for
the benefit of the community and the City and enforceable by the City against
the Redeveloper and its successors and assigns to or of the Property or any
part thereof or any interest therein.
SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or
any part thereof, to the Redeveloper, and until construction of the Improve-
ments has been completed, as set forth in Section 305 hereof, the Redeveloper
shall make reports, setting forth the status of Improvements, construction
schedule, and such other information as may reasonably be requested by the
City, as to the actual progress of the Redeveloper with respect to such
construction.
SECTION 305. CERTIFICATE OF COMPLETI.ON.
(a) Within thirty (30) days after completion of the Improvements in accor-
dance with those provisions of the Agreement relating solely to the
obligations of the Redeveloper to construct the improvements (including
the dates for beginning and completion thereof), the City will furnish
the Redeveloper with an appropriate instrument so certifying. Such
certification by the City shall be (and it shall be so provided in the'
Deed and in the certification itself) a conclusive determination of
satisfaction and termination of the agreements and covenants in the
dates for the beginning and completion thereof: Provided, that if there
is upon the Property a mortgage insured, or held or owned, by the
Federal Housing Administration and the Federal Housing Administration
shall have determined that all buildings constituting a part of the
Improvements and covered by such mortgage are, in fact, substantially
completed in accordance with the plans and are ready for occupancy,
then, in such event, the City and the Redeveloper shall accept the
determination of the Federal Housing Administration as to such comple-
tion of the construction of the Improvements in accordance with the
plans, and, if the other agreements and covenants in the Agreement
obligating the Redeveloper in respect to the construction and completion
of the Improvements have been fully satisfied, the City shall forthwith
issue its certification provided for in this Section. Such certifica-
tion and such determination shall constitute evidence of compliance with
II -3
117,E
or satisfaction of any obligation of the Redeveloper to any holder of a
mortgage, or any insurer of any mortgage, securing money loaned to
finance the Improvements, or any part thereof.
(b) With respect to such individual parts or parcels of the Property which,
if so provided in Part I (Schedule D) hereof, the Redeveloper may convey
or lease as the Improvements to be constructed thereon are completed,
the City will also, upon proper completion of the Improvements relating
to any such part or parcel, furnish the Redeveloper with an appropriate
instrument, certifying that such Improvements relating to any such part
or parcel have been made in accordance with the provisions of the
Agreement. Such certification shall mean and provide (1) that any party
purchasing or leasing such individual part or parcel pursuant to the
authorization herein contained shall not (because of such purchase or
lease) incur any obligation with respect to the construction of the
Improvements relating to such part or parcel or to any other part or
parcel of the Property; and (2) that neither the City nor any other
party shall thereafter have or be entitled to exercise with respect to
any such individual part or parcel so sold (or, in the case of lease,
with respect to the leasehold interest) any rights or remedies or
controls that it may otherwise have or be entitled to exercise with
respect to the construction of Improvements as called for herein.
(c) Each certification provided for in this Section shall be in such form as
will enable it to be recorded in the proper office for the recordation
of deeds and other instruments pertaining to the Property, including the
Deed. If the City shall refuse or fail to provide any certification in
accordance with the provisions of this Section, the City shall, within
thirty (30) days after written request by the Redeveloper, provide the
Redeveloper with a written statement, indicating in adequate detail in
what respects the Redeveloper has failed to complete the Improvements in
accordance with the provisions of the Agreement, or is otherwise in
default, and what measures or acts it will be necessary, in the opinion
of the City, for the Redeveloper to take or perform in order to obtain
such certification.
ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY
SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and
its successors and assigns, and every successor in interest to the Property,
or any part thereof, and the Deed shall contain covenants on the part of the
Redeveloper for itself, and such successors and assigns, that the
Redeveloper, and such successors and assigns, shall:
(a) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan; and
(b) Not discriminate upon the basis of race, color, creed, religion, age,
disability, sex or national origin in the sale, lease, or rental or in
the use or occupancy of the Property or any improvements erected or to
be erected thereon, or any part thereof.
1I-4
771
(c) All advertising (including signs) for sale and/or rental of the whole or
any part of the Property shall include the legend, "An Open Orcupancy
Building" in type or lettering of easily legible size and design. The
word "Project" or "Development" may be substituted for the word
"Building" where circumstances require such substitution.
SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTEREST: PERIOD OF
DURATION. It is intended and agreed, and the Deed shall so express y
provide, that the agreements and covenants provided in Section 401 hereof
shall be covenants running with the land and that they shall, in any event,
and without regard to technical classifications or designation, legal or
otherwise, and except only as otherwise specifically provided in the Agree-
ment, be binding, to the fullest extent permitted by law and equity, for the
benefit and in favor of, and enforceable by, the City, its successors and
assigns, any successor in interest to the Property, or any part thereof, and
the United States (in the case of the covenant provided in subdivision (b) of
Section 401 hereof), against the Redeveloper, its successors and assigns and
every successor in interest to the Property, or any part thereof or any
interest therein, and any party in possession or occupancy of the Property or
any part thereof. It is further intended and agreed that the agreement and
covenant provided in subdivision (a) of Section 401 hereof shall remain in
effect for the period of time, or until the date, specified or referred to in
Section 6 of Part I hereof (at which time such agreement and covenant shall
terminate) and that the agreements and covenants provided in subdivision (b)
of Section 401 hereof shall remain in effect without limitation as to time:
Provided, that such agreements and covenants shall be binding on the
Re—leve aper itself, each successor in interest to the Property, and every
part thereof, and each party in possession or occupancy, respectively, only
for such period as such successor or party shall have title to, or an
interest in, or possession or occupancy of, the Property or part thereof. The
terms "uses specified in the Urban Renewal Plan" and "land use" referring to
provisions of the Urban Renewav PlPlan, or sUm`7ar language, in the Agreement
shall include theal ndan�TbuiTding, housing, and other requirements or
restrictions of the Urban Renewal Plan pertaining to such land.
SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplification,
and not in restriction, of the provision of the preceding Section, it is
intended and agreed that the City and its successors and assigns shall be
deemed beneficiaries of the agreements and covenants provided in Section 401
hereof, and the United States shall be deemed a beneficiary of the covenant
provided in subdivision (b) of Section 401 hereof, both for and in their or
its own right and also for the purposes of protecting the interest of the
community and other parties, public or private in whose favor or for whose
favor or for whose benefit such agreements and covenants have been provided.
Such agreement and covenants shall (and the Deed shall so state) run in favor
of the City and the United States, for the entire period during which such
agreements and covenants shall be in force and effect, without regard to
whether the City or the United States has at any time been, remains, or is an
owner of any land or interest therein to or in favor of which such agreements
and covenants relate. The City shall have the right, in the event of any
breach of any such agreement or covenant, and the United States shall have
the right in the event of any breach of covenant provided in subdivision (b)
of Section 401 hereof, to exercise all the rights and remedies, and to
II -5
1171
maintain any actions or suits at law or in equity or other property proceed-
ings to enforce the curing of such breach of agreement or covenant, to which
it or any other beneficiaries of such agreement or covenant may be entitled.
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper repre-
sents and agrees that its purchase of the Property, and its other undertak
ings pursuant to the Agreement, are, and will be used, for the purpose of the
redevelopment of the Property and not for speculation in land holding. The
Redeveloper further recognizes that, in view of
(a) the importance of the redevelopment of the Property to the general
welfare of the community;
aids that have
en
ade
(b) available substantial
bylawing and other by the Federal puandc local governments for m
the for the
purpose of making such redevelopment possible; and
(c) the fact that a transfer of the stock in the Redeveloper or of a
substantial part thereof, or any other act or transaction involving or
resulting in a significant change in the ownership or distribution of
such stock or with respect to the identity of the parties in control of
the transfers or dispositioner or eofPthe Propertyee fthen owned for by thecal Redeveloper, ses a
the qualifications and identity of the Redeveloper, and its stockholders, are
of particular concern to the community and the City. The Redeveloper further
recognizes that it is because of the recognition of such qualifications and
identity that the City is entering into the Agreement with the Redeveloper,
and, in so doing, the City is further willing to accept and rely on the
obligations of the Redeveloper for the faithful performance of all undertak-
ings and covenants in the Agreement.
SECTION 502, PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF
REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself,
an a persons holding an interest therein, their heirs, successors and
assigns that there shall be no change or transfer of ownership or control
r
any person or combination of persons owing or controlling ten (10) percent o
more interest in the Redeveloper through sale, assignment, merger, increased .
capitalization or by any other means, without the express written approval of
the City. With respect to this provision, the Redeveloper and the parties
signing the Agreement on behalf of the Redeveloper represent that they have -
the authority of all persons holding interest therein to agree to this
provision on their behalf and to bind them with respect thereto.
II -6
117/.
Also, for the foregoing reasons the Redev— eloper
itself, and its successors and assigns, that:
(a) Except only
(1) by way of security for, and only for (i) the purpose of
obtaining financing necessary to enable the Redeveloper or any
successor in interest to the Property, or any part thereof, to
perform its obligations with respect to acquiring the property
and making the Improvements under the Agreement, and (ii) any
other purpose authorized by the Agreement, and
(2) as to any individual parts or parcels of the Property on which
the Improvements to be constructed thereon have been completed,
and which, by the terms of the Agreement, the Redeveloper is
authorized to convey or lease as such Improvements are
completed,
the Redeveloper (except as so authorized) has not made or created, and
that it will not, prior to the proper completion of the Improvements as
certified by the City, make or create, or suffer to be made or created,
any total or partial sale, assignment, conveyance, or lease, or any trust
or power, or transfer in any other mode or form of or with respect to the
Agreement or the Property, or any part thereof or any interest therein, or
any contract or agreement to do any of the same, without the prior written
approval of the City: Provided, that prior to the issuance by the City of
the certificate provided by in Section 305 hereof as to completion of
construction of the Improvements, the Redeveloper may enter into any
agreement to sell, lease, or otherwise transfer, after the issuance of
such certificate, the Property or any part thereof or interest therein,
which agreement shall not provide for payment of or on account of the
purchase price or rent for the Property, or the part thereof or the
interest therein to be so transferred, prior to the issuance of such
certificate.
(b) The City shall be entitled to require, except as otherwise provided
in this Agreement, as conditions to any such approval that:
(1) Any proposed transferee shall have the qualifications and
financial responsibility, as determined by the City, necessary
and adequate to fulfill the obligations undertaken in the
Agreement by the Redeveloper (or, in the event the transfer is
of or relates to part of the Property, such obligations to the
extent that they relate to such part).
(2) Any proposed transferee, by instrument in writing satisfactory
to the City and in form recordable among the land records,
shall, for itself and its successors and assigns, and expressly
for the benefit of the City, have expressly assumed all of the
obligations of the Redeveloper under the Agreement and agreed
to be subject to all the conditions and restrictions to which
the Redeveloper is subject (or, in the event the transfer is of
or related to part of the Property, such obligations,
II -7
conditions, and restrictions to the extent that they relate to
such part): Provided, that any instrument or agreement which
purports to trans r any interest whatsoever caused by this
agreement without the express written approval of the City, is
null and void.
(3) There shall be submitted to the City for review all instruments
and other legal documents involved in effecting transfer; and
if approved by the City, its approval shall be indicated to the
Redeveloper in writing.
(4) The consideration payable for the transfer by the transferee or
on its behalf shall not exceed an amount representing the actual
cost (including carrying charges) to the Redeveloper of the
Property (or allocable to the part thereof or interest therein
transferred) and the Improvements, if any, theretofore made
thereon by it; it being the intent of this provision to preclude
assignment of the Agreement or transfer of the Property for
profit prior to the issuance of the certificate of completion as
set forth in Section 305 of this Agreement. The City shall be
entitled to increase the Purchase Price to the Redeveloper by
the amount that the consideration payable for the assignments
or transfer is in excess of the amount that may be authorized
pursuant to this subdivision (4), and such consideration shall,
to the extent it is in excess of the amount so authorized,
belong to and forthwith be paid to the City.
(5) The Redeveloper and its transferee shall comply with such other
conditions as the City may find desirable in order to achieve
and safeguard the purposes of the Urban Renewal Act and the
Urban Renewal Plan.
Provided, that in the absence of specific written agreement by the City to
the contrary, no such transfer or approval by the City thereof shall be
deemed to relieve the Redeveloper, or any other party bound in any way by
the Agreement or otherwise with respect to the construction of the
Improvements, from any of its obligations with respect thereto.
SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In
order to assist in the effectuation of the purposes of this Article V and
the statutory objectives generally, .the Redeveloper agrees that during
the period between execution of the Agreement and completion of the
Improvements as certified by the City,
(a) the Redeveloper will promptly notify the City of any and all changes
whatsoever in the ownership or control of interest, legal or
beneficial, or of any other act or transaction involving or resulting
in any change in the ownership of such interest or in the relative
distribution thereof, or with respect to the identity of the parties
in control of the Redeveloper or the degree thereof, of which it or
any of its officers have been notified or otherwise have knowledge or
information; and
II -8
# 7/,
(b) the Redeveloper shall, at such times as the City may request, furnish
the City with a complete statement, subscribed and sworn to by the
President or other executive officer of the Redeveloper, setting
forth all of the holders of interest in the Redeveloper and the
extent of their respective holdings, and in the event any other
parties have a beneficial interest in such holdings their names and
the extent of the Redeveloper, any specific inquiry made by any such
officer, of all parties who on the basis of all such records own ten
(10) percent or more of the interest in the Redeveloper, and by such
other knowledge or information as such officer shall have. Such
lists, data, and information shall in any event be furnished the City
immediately prior to the delivery of the Deea to the Redeveloper and
as a condition precedent thereto, and annually thereafter on the
anniversary of the date of the Deed until the issuance of a
certificate of completion of all the Property.
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the
completion of the Improvements, as certified by the City, neither the
Redeveloper nor any successor in interest to the Property or any part
thereof shall engage in any financing or any other transaction creating
any mortgage or other encumbrance or lien upon the Property, whether by
express agreement or operation of law, or suffer any encumbrances or lien
to be made on or attach to the Property, except for the purposes of
obtaining
(a) funds only to the extent necessary for making the Improvements, and
(b) such additional funds, if any, in an amount iot to exceed the
Purchase Price paid by the Redeveloper to the City.
The Redeveloper (or successorin interest) shall notify the City in
advance of any financing, secured by mortgage or other similar lien
instrument, it proposes to enter into with respect to the Property, or any
part thereof, and in any event it shall promptly notify the City of any
encumbrance or lien that has been created on or attached to the Property,
whether by voluntary act of the Redeveloper or otherwise. For the
purposes of such mortgage financing as may be made pursuant to the
Agreement, the Property may, at the option of the Redeveloper (or
successor in interest), be divided, provided that such subdivision, in the
opinion of the City, is not inconsistent with the purposes of the Urban
Renewal plan and the Agreement and is approved in writing by the City.
SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any
of the provisions of the Agreement, Aid, Fg but not limited to those
which are or are intended to be covenants running with the land, the
holder of any mortgage authorized by the Agreement (including any such
holder who obtains title to the Property or any part thereof as a result
of foreclosure proceedings, or action in lieu thereof, but not including
(a) any other party who thereafter obtains title to the Property or such
part from or through such holder, or (b) any other purchaser at
foreclosure sale other than the holder of the mortgage itself) shall in no
way be obligated by the provisions of the Agreement to construct or
1I-9
complete the Improvements or to guarantee such construction or
completion; nor shall any covenant or any other provision in the Deed be
construed to so obligate such holder: Provided, that nothing in this
Section or any other Section or provision oo- the Agreement shall be deemed
or construed to permit or authorize any such holder to devote the Property
or any part thereof to any uses, or to construct any improvements thereon,
other than those uses or improvements provided or permitted in the Urban
Renewal Plan and in the Agreement.
SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City
sha 1 deliver any not ce or demand to the Redeveloper with respect to any
breach or default by the Redeveloper in its obligations or covenants under
the Agreement, the City shall at the same time forward a copy of such
notice or demand to each holder of any mortgage authorized by the
Agreement at the last address of such holder shown in the records of the
City.
SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or
default referred to in tion Sec603 hereof, each such holder shall (insofar
as the rights of the City are concerned) have the right, at its option, to
cure or remedy such breach or default (or such breach or default to the
extent that it relates to the part of the Property covered by its
mortgage) and to add the cost thereof to the mortgage debt and the lien of
its mortgage: Provided, that if the breach or default is with respect to
construction of the mprovements, nothing contained in this Section or any
other Section of the Agreement shall be deemed to permit or authorize such
holder, either before or after foreclosure or action in lieu thereof, to
undertake or continue the construction or completion of the Improvements
(beyond the extent necessary to conserve or protect Improvements or
construction already made) without first having expressly assumed the
obligation to the City, by written agreement satisfactory to the City, to
complete, in the manner provided in the Agreement, the Improvements on the
Property or the part thereof to which the lien or title of such holder
relates. Any such holder who shall properly complete the Improvements
relating to the Property or applicable part thereof shall be entitled,
upon written request made to the City, to a certification or
certifications by the City to such effect in the manner provided in
Section 305 of the Agreement, and any such certification shall, if so
requested by such holder mean and provide that any remedies or rights with
respect to recapture of or reversion or revesting of title to the Property
that the City shall have or be entitled to because of failure of the
Redeveloper or any successor in interest to the Property, or any part
thereof, to cure or remedy any default with respect to the construction of
the Improvements on other parts or parcels of the Property, or became of
arty other default in or breach of the Agreement by the Redeveloper or such
successor, shall not apply to the part or parcel of the Property to which
such certification relates.
x- uun ouo. L11Y•5 OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY.
In any case, where, subsequent to default or breach by the Redeveloper (or
successor in interest) under the Agreement, the holder of any mortgage on
the Property or part thereof
1f 7/
(a) has, but does not exercise, the option to construct or complete the
Improvements relating to the Property or part thereof covered by its
mortgage or to which it has obtained title, and such failure
continues for a period of sixty (60) days after the holder has been
notified or informed of the default or breach; or
(b) undertakes construction or completion of the Improvements but does
not complete such construction within the period as agreed upon by
the City and such holder (which period shall in any event be at least
as long as the period prescribed for such construction or completion
in the Agreement), and such default shall not have been cured within
sixty (60) days after written demand by the City so to do,
the City shall (and every mortgage instrument made prior to completion of
the Improvements with respect to the Property by the Redeveloper or
successor in interest shall so provide) have the option of paying to the
holder the amount of the mortgage debt and securing an assignment of the
mortgage and the debt secured thereby, or, in the event ownership of the
Property (or part thereof) has vested in such holder by way of foreclosure
or action in lieu thereof, the City shall be entitled, at its option, to a
conveyance to it of the Property or part thereof (as the case may be) upon
payment to such holder of an amount equal to the sum of: (i) the mortgage
debt at the time of foreclosure or action in lieu thereof (less all
appropriate credits, including those resulting from collection and
application of rentals and other income received during foreclosure
proceedings); (ii) all expenses with respect to the foreclosure; (iii) the
net expense, if any (exclusive of general overhead), incurred by such
holder in and as a direct result of the subsequent management of the
Property; (iv) the costs of any Improvements made by such holder; and (v)
an .amount equivalent to the interest that would have accrued on the
aggregate of such amounts had all such amounts become part of the mortgage
debts and such debt had continued in existence.
SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a
default or breach prior to the completion of the Improvements by the
Redeveloper, or any successor in interest, in or of any of its obligations
under, and to the holder of, any mortgage or other instrument creating an
encumbrance or lien upon the Property or part thereof, the City may at its
option cure such default or breach, in which cases the City shall be
entitled, in addition to and without limitation upon any other rights or
remedies to which it shall be entitled by the Agreement, operation of law,
or otherwise, to reimbursement from the Redeveloper or successor in
interest of all costs and expenses incurred by the City in curing such
default or breach and to a lien upon the Property (or the part thereof to
which the mortgage, encumbrance, or lien relates) for such reimbursement:
Provided, that any such lien shall be subject always to the lien of
including any lien contemplated, because of advances yet to be made, by)
any then existing mortgages on the Property authorized by the Agreement.
SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement:
The term 'mortgage shall include a deed of trust or other instrument
creating an encumbrance or lien upon the Property, or any part thereof, as
security for a loan. The term "holder" in reference to a mortgage shall
include any insurer or guarantor of any obligation or condition secured by
1171
such mortgage or deed of trust, including, but not limited to, the Federal
Housing Commissioner, the Administrator of Veterans Affairs, and any
successor in office of either such official.
ARTICLE VII. REMEDIES
SECTION 701. IN GENERAL. Except as otherwise provided in the Agreement,
in the event of any default in or breach of the Agreement, or any of its
terms or conditions, by either party hereto, or any successor to such
party, such party (or successor) shall, upon written notice from the
other, proceed immediately to cure or remedy such default or breach, and,
in any event, within sixty (60) days after receipt of such notice. In
case such action is not taken or not diligently pursued, or the default or
breach shall not be cured or remedied within a reasonable time, the
aggrieved party may institute such proceeedings as may be necessary or
desirable in its option to cure and remedy such default or breach,
including, but not limited to, proceedings to compel specific performance
by the party in default or breach of its obligations.
SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the
event that the City does not tender conveyance of roperty, or
possession thereof, in the manner and condition, and by the date, provided
in this Agreement, and any such failure shall not be cured within sixty
(60) days after the date of written demand by the Redeveloper, and the
City is unable to demonstrate, to the reasonable satisfaction of the
Redeveloper that the defects, cloud, or other deficiencies in or on title
involved, or the part of the property to which it relates, is of such
nature that the Redeveloper will not be hampered or delayed in the
construction of the improvements by taking title and possession subject to
such defects, the City will refund to the Developer any good faith deposit
tendered by the Redeveloper for such property or tte portion of said good
faith deposit rea�onabla allocable to the portion of the property not
conveyed and this agreement with respect of the property not conveyed
shall be terminated,rod vided, it is hereby expressly agreed that in the
event this agreement is terminated pursuant to this Section each party to
this agreement shall be solely responsible for all expenses incurred or
obligated by it and shall have no claim against the other party.
SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that
prior to conveyance of the Property to the Redeveloper, the Redeveloper is
in violation of Section 502 of Part II of this Agreement or the
Redeveloper does not pay the Purchase Price and take title to the Property
upon tender of conveyance by the City pursuant to this Agreement, or the
Redeveloper fails to cure any default or failure within thirty 30) days
from the date of written demand by the City, then this Agreement, and any
rights of the Redeveloper, or any assignee or transferee, in this
Agreement, or arising therefrom with respect to the City or the Property,
shall, at the option of the City, be terminated by the City, in which
event, as provided in Paragraph C, Section 3 of Part I hereof, the Deposit
or any portion thereof may be retained by the City as liquidated damages
and as its property without any deduction, offset, or recoupment
whatsoever, and neither the Redeveloper (or assignee or transferee) nor
the City shall have any further rights against or liability under this
Agreement to the other in respect to the property or part thereof for
which the deposit has been retained.
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71
SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO
ED VELOP In the event that subsequent to conveyance OT the homrty
or any part thereof to the Redeveloper and prior to completion of the
Improvements as certified by the City
lans as required by
Agreement in
(a) the satisfactory pfo mer o andoins t e� manner and by the dates e respectively
provided in this Agreement; or
(b) theRedeveloper (or successor in interest) shall default in or
violate its obligations with respect to the construction of the
Improvements (including the nature and the dates of for the beginning
and completion thereof), or shall abandon or substantially suspend
construction work, and any such default, violation, abandonment, or
suspension shall not be cured, ended, or remedied within ninety (90)
days after written demand by the City; or
(c) the Redeveloper (or successor in interest) shall fail to pay real
estate taxes or assessments on the Property or any part thereof when
due, or shall place thereon any encumbrance or lien unauthorized by
the Agreement, or shall suffer any levy or attachment to be made, or
any materialmen's or mechanic's lien, or any other unauthorized
encumbrance or lien to attach, and such taxes or assessments shall
not have been paid, or the encumbrance or lien removed or discharged
or provision satisfactory to the City made for such payment, removal,
or discharge, within ninety (90) days after written demand by the
City; or
(d) the Redeveloper violates the provision of Section 502 of Part II of
this Agreement and such violation shall not be cured within sixty
(60) days aftgr written demand by the City to the Redeveloper,
then the City shall have the right to re-enter and take possession of the
Property and all Improvements located thereon to terminate (and revest in
the City) the property conveyed by the Deed to the Redeveloper, it being
the intent of this provision, together with other provisions of the
Agreement, that the conveyance of the Property to the Redeveloper shall be
made upon, and that the Deed shall contain, a condition subsequent to the
effect that in the event of any default, failure, violation, or other
action or inaction by the Redeveloper specified in subdivisions (a), (b),
(c) and (d) of this Section 704, failure on the part of the Redeveloper to
remedy, end, or abrogate such default, failure, violation, or other action
or inaction, within the period and in the manner stated in such
subdivisions, the City at its option may declare a termination in favor of
the City of the title, and of all the rights and interests in and to the
Property conveyed by the Deed to the Redeveloper and Improvements
constructed thereon, and that such title and all rights and interests of
the Redeveloper, and any assigns or successors in interest to and in the
Property and any Improvements constructed thereon, shall revert to the
City: Provided, that such condition subsequent and any revesting of title
as a result thereof in the City
(1) shall always be subject to and limited by, and shall not defeat,
render invalid, or limit in any way, (i) the lien of any mortgage
authorized by the Agreement, and (ii) any rights or interests
provided in the Agreement for the protection of the holders of such
mortgages; and
(2) shall not apply to individual parts or parcels of the Property (or,
i in the case of parts or parcels leased, the leasehold interest) on
which the Improvements to be constructed thereon have been completed
in accordance with the Agreement and for which a certificate of
completion is issued therefore as provided in Section 305 hereof or
on which the Improvements to be constructed thereon are in fact
proceeding with construction on an approved schedule and for which a
certificate of completion would be issued in normal course.
In addition to and without in any way limiting the City's right to
re-entry as provided for in this Section, the City shall have the
right to retain the Deposit or any portion thereof, as provided in
j Paragraph C, Section 3 of Part I hereof, without any deduction,
offset or recoupment whatsoever, in the event of a default, violation
or failure of the Redeveloper as specified in this Section.
SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION_OF PROCEEDS.
Upon the revesting in the City o Lite to the roperty or a portion
thereof and any Improvements thereon, or any part thereof as provided in
Section 704, the City shall, pursuant to its responsibilities under State
law, use its best efforts to resell the Property or part therof (subject
to such mortgage liens and leasehold interest as in Section 704 set forth
and provided) as soon and in such manner as the City shall find feasible
the Improvements or such other improvements in their stead as shall be
satisfactory to the City and in accordance with the uses specified for
such Property or part thereof in the Urban Renewal Plan. Upon such resale
of the Property, the proceeds thereofshin be ap fed:
(a) First, to reimburse the City, on its own behalf, for all costs and
expenses incurred by the City, including but not limited to salaries
of personnel, in connection wiht the recapture, management, and
resale of the Property or part thereof (but less any income derived
by the City from the Property or part thereof in connection with such
management); all taxes, assessments, and water and sewer charges
with respect to the Property or part thereof (or, in the event the
Property is exempt from taxation or assessment or such charges during
the period of ownership thereof by the City, the amount, if paid,
equal to such taxes, assessments, or charges (as determined by the
City assessing official) as would have been payable if the Property
or part thereof at the time of revesting of title thereto in the City
or to discharge or prevent from attaching or being made any
subsequent encumbrance or liens due to obligations, defaults, or
acts of the Redeveloper, its successors or transferees; any
expenditures made or obligations incurred with respect to the making
or completion or removal of the Improvements or any part thereof on
the Property or part thereof; and any amounts otherwise owing the
City by the Redeveloper and its successor or transferee; and
(b) Second, to reimburse the Redeveloper, its successor or transferee,
up to the amount equal to (1) the sum of the purchase price paid by it
I1-14
�17/
for the Property (or allocable to the part thereof) and the cash
actually invested by it in making any of the Improvements on the
Property or part thereof, unlass (2) any gains or income withdrawn or
made by it from the Agreement or the Property.
Any balance remaining after such reimbursements shall be retained by the City
as its property.
SECTIONS 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The
City shall have the right to institute such actions or proceedings as it may
deem desirable for effectuating the purposes of this Article VII, including
also the right to execute and record or file among the public land records in
the office in which the Deed is recorded a written declaration of the
termination of all the right, title, and interest of the Redeveloper, and
(except for such individual parts or parcels upon which construction of that
part of the Improvements required to be constructed thereon has been com-
pleted, in accordance with the Agreement, and for which a certificate of
completion as provided in Section 305 hereof is to be delivered, and subject
to such mortgage liens and leasehold interests as provided in Section 704
hereof) its successors in interest and assigns, in the Property, and the
revesting of title thereto in the City: Provided, that any delay by the City
in instituting or prosecuting any such actions or proceedings or otherwise
asserting its rights under this Article VII shall not operate as a waiver of
such rights or to deprive it of or limit such rights in any way fit being the
intent of this provision that the City should not be constrained so as to
avoid the risk of being deprived of or limited in the exercise of the remedy
provided in this Section because of concepts of waiver, laches, estoppel, or
otherwise to exercise such remedy at a time when it may still hope otherwise
to resolve the problems created by the default involved); nor shall any
waiver in fact made by the City with respect to specific default by the
Redeveloper under this Section be considered or treated as a waiver of the
rights of the City with respect to any other defaults by the Redeveloper
under this Section or with respect to the particular default except to the
extent specifically waived in writing.
SECTI014 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF
PROPERTY. Should at any time prior to the conveyance of title to any
Property under this Agreement, the City of Iowa City, Iowa, be enjoined from
such conveyance or prevented from so doing by any order or decision or act of
any judicial, legislative or executive body having authority in the premises,
the City at its option may terminate this Agreement and any obligations
incurred by either party shall cease. In the event of such termination, the
City shall not be responsible for any damages, expenses or costs incurred by
the Redeveloper by reason of such termination. It is further agreed and
understood that the City shall have no liability for failure to deliver title
to such Property or any part thereof to the Redeveloper after making a good
faith attempt to do so.
SECTIO14 708.
E14FORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND
CONTROL OF
PARTY. For
the purposes of any
of the provisions of the Agreement, nest er
the City nor the Redeveloper, as the case may be, nor any successor in
interest, shall be considered in
breach of, or default in, its
obligations
with respect
to this Agreement in
the event of enforced delay in
the perform-
ance of such
obligations due to
unforeseeable causes beyond its
control and
771
without its fault or negligence, including, but not restricted to, acts of
God, acts of public enemy, acts of the other party, fires, floods, epidemics,
quarantine restrictions, strikes, litigation and unusually severe weather or
delays of subcontractors due to such causes; it being the purpose and intent
of this provision that in the event of the occurrence of any such enforced
delay, the time or times for performance of the obligations of the City or of
the Redeveloper under this Agreement, as the case may be, shall be extended
for the period of the enforced delay as determined by the City: Provided,
that the party seeking the benefit of the provisions of this Sect ionon sh57,
within ten (10) days after the beginning of any such enforced delay, have
first notified the other party thereof in writing, and of the cause or causes
thereof, and requested an extension for the period of the enforced delay.
SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the
parties to the Agreement, whether provided by law or by the Agreement, shall
be cumulative, and the exercise by either party of any one or more of such
remedies shall not preclude the exercise by it, at the same or different
times, of any other such remedies for the same default or breach of any of
its remedies for any other default or breach by the other party. No waiver
made by either such party with respect to the performance, or manner or time
thereof, or any obligation of the other party or any condition to its own
obligation under the Agreement shall be considered a waiver of any rights of
the party making the waiver with respect to the particular obligation of the
other party or condition to its own obligation beyond those expressly waived
in writing and to the extent thereof, or a waiver in any respect in regard to
any other rights of the party making the waiver or any other obligations of
the other party.
SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The
Redeveloper, for itself and its successors and assigns, and for all other
persons who are or who shall become, whether by express or implied assumption
or otherwise, liable upon or subject to any obligation or burden under the
Agreement, hereby waives, to the fullest extent permitted by law and equity,
any and all claims or defenses otherwise available on the ground of its (or
their) being or having become a person in the position of a surety, whether
real, personal, or otherwise or whether by agreement or operation of law,
including, without limitation on the generality of the foregoing, any and all
claims and defenses based upon extension of time, indulgence, or modification
of terms of contract.
SECTION 801
ARTICLE VIII. MISCELLANEOUS
PRESENTA
L nnue. uo memoer, of nciai, or employee of the City shall have any personal
interest as defined in Chapter 403, Code of Iowa, 1983, direct or indirect,
in the Agreement, nor shall any such member, official, or employee partici-
pate in any decision relating to the Agreement which affects his/her personal
i interests or the interests of any corporation, partnership, or association in
which he/she is, directly or indirectly, interested. No member, official, or
j employee of the City shall be personally liable to the Redeveloper, or any
successor in interest, in the event of any default or breach by the City or
for any amount which may become due to the Redeveloper or successor or on any
obligations under the terms of the Agreement.
TI -16
oV71
SECTION 802. EOUAL EMPLOYMENT OPPORTUNITY. The Redeveloper, for itself and
its successors and assigns, agrees that during the construction of the
Improvements provided for in the Agreement:
(a) The Redeveloper will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, disability, sexual
orientation, marital status, age, creed, or national origin. The
Redeveloper will take affirmative action to insure that applicants are
employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, disability, sexual orienta-
tion, marital status, age, creed, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms or compensation; and selection
for training, including apprenticeship. The Redeveloper agrees to post
in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the
provisions of this non-discriminatory clause.
(b) The Redeveloper will, in all solicitations or advertisements for
employees placed by or on behalf of the Redeveloper, state that the
Redeveloper is an equal opportunity employer.
(c) The Redeveloper will send to each labor union or representative of
workers with which the Redeveloper has a collective bargaining agreement
or other contract or understanding, a notice, to be provided, advising
the labor union or workers' representative of the Redeveloper's commit-
ments under the City of Iowa City's Contract Compliance Program, and
shall post copies of the notices in conspicuous places available to
employees and applicants for employment.
(d) The Redeveloper will comply with all provisions of the City of Iowa
City's Contract Compliance Program.
(e) In the event of the Redeveloper's non-compliance with the non-discrimi-
nation clauses of this Section, or with any of the said rules, regula-
tions, or orders, the Agreement may be canceled, terminated, or sus-
pended in whole or in part.
(f) The Redeveloper will include the provisions of Paragraphs (a) through
(f) of this Section in every contract or purchase order, and will
require the inclusion of these provisions in every subcontract entered
into by any of its contractors unless a specific exemption is approved
by the City Council so that such provisions will be binding upon each
such contractor, subcontractor, or vendor, as the case may be. The
Redeveloper will take such action with respect to any construction
contract, subcontract, or purchase order as the City may direct as a
means of enforcing such provisions, including sanctions for non-compli-
ance: Provided, however, that in the event the Redeveloper becomes
involved inror is threatened with, litigation with a subcontractor or
1171
vendor as a result of such direction by the City, the Redeveloper may
request the City to enter into such litigation to protect the interests
of the City.
S
ECTemION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the
Agreent are intended to or sha 1 be merged by reason of any deed transfer-
ring title to the Property from the City to the Redeveloper or any successor
in interest, and any such deed shall not be deemed to affect or impair the
provisions and covenants of the Agreement.
City of Iowa City
MEMORANDUM
Date: March 7, 1985
To: City Council M /
From: Patt Cain, Associate Planner `-
Re: Resolution Authorizing Filing of Notice of Intention to Accept
Urban Renewal Development Proposal for Parcel 65-2b
This item is on the Council's agenda now to initiate the 30 -day notice
required for conveyance of the Urban Renewal parcel. The City received
only one bid for redevelopment of this parcel and the proposal is being
reviewed by staff. It is tentatively scheduled for discussion with
Council at the informal meeting of April 2.
Because only one bid was received and because Council is not scheduled to
have another formal session until April 9, this resolution can be passed
now to expedite the conveyance process when and if Council decides to
accept the proposal. This resolution mere states the Council's intent
to accept and convey but does not obligate Council to accept the proposal
or convey the property. This time frame would allow the option of an
early spring date for conveyance if an agreement is reached with the
developer.
bc4
IV 7/
'%
RESOLUTION NO. 85-65
RESOLUTION REVISING THE ANNUAL BUDGET, FY85, ENDING JUNE 30, 1985, FOR
PUBLIC HOUSING PROJECT IA -022003 & IA05PO22004
,1eforProjectIA02 City
w003and
has iIA05PO22004, and annual contributions contract
No. KC9166
WHEREAS, the Department of Housing and Urban Development requires the adoption
of the annual budget and any revision by formal resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, in its capacity of the City of Iowa City Housing Authority that:
1. The Budget for the referenced projects be revised as shown on the attached
forms.
2. The proposed expenditures are necessary in the efficient and economical
operation of the Housing Authority for the purpose of service to low-income
families.
3. The financial plan is reasonable in that:
a. It indicates a source of funding adequate to cover all proposed
expenditures.
b. It does not provide for use of Federal funding in excess of that
payable under the provisions of these regulations.
4. All proposed rental charges and expenditures will be consistent with
provisions of law and the annual contributions contract.
5. The Iowa City Housing Authority is in compliance with Section 207(A) of
the Annual Contributions Contract, which states in part that the Housing
Authority is reexamining the incomes of families living in the project at
least once a year.
It was moved by Brdahl and seconded by Ambrisco
the
Resolution be adopted, and upon rol call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X EROAHL
x MCDONALD
X STRAIT
X ZUBER
Passed and approved this 12th day of NI rch 1985.
ATTEST: )�1 r J :� +� % V
1!IT�`E RK hxohmd 8< NPpmvx!
By Tiio Loc.:a: Dopnrtmonl
_4 i Z __...._
1173
ADDENDUM TO HUD 52564
OPERATING BUDGET PUBLIC HOUSING FY85
The data contained in column (2) is taken from the previously approved
budget for this project for FY85. (See special instructions HUD for
52564.)
The data contained in column (3) is taken from the semi-annual report
"Statement of Operating Receipts and Expenditures" HUD 52599 sutxnitted for
this project.
The data contained in column (4) is the same as column (3), i.e. taken
from the sixth month actual experience report.
The data contained in column (5) is based on the first six months of
operation and amended per justification noted below.
Line 010 - Reflects an increase of $1,530 in dwelling rental. Revision is
based on 100% occupancy whereby original submission was based on 95%
occupancy. Rents are slightly higher than projected.
Line 050 - Interest income originally projected at $3.12 PUM while actual
generation is $10.21 PUM. Rental payments are deposited directly to the
savings account and withdrawn only as needed. This interest also includes
interest earned on tenants' security deposits.
Line 110 through 390 - No change.
Line 410 - Reflects an increase from $10,690 to $14,500. It is essential
that the maintenance position be increased from a 3/4 time to full-time
status. Experience now dictates that a full-time person is a must.
Further, the Housing Authority will soon be adding ten units to its
Public Housing inventory which will require some maintenance labor. The
City Council approved this change at their regular meeting on March 2,
1985.
Line 420 - Reflects an increase from $4,850 to $6, 500. Justification for
this is the increase in costs being experienced and the projected increase
for the next six months; i.e., several of the units will require some
painting during the next six months. This was not projected when the
budget was prepared.
Line 430 - Reflects an increase from $3,620 to $9,200. Justification for
this large increase follows: $2,865 was spent during the first six
months. Contract costs are being incurred more frequently than originally
contemplated. It is reasonable to assume that the same rate will be
incurred during the last six months of this fiscal year. In addition, it
is planned that 10 of the units will be scheduled for complete interior
painting at an average of $300 per unit. This will be handled by con-
tract.
Line 510 - No money budgeted in previous submission. The expense incurred
during the first six months was for flood insurance and a small amount of
workmen's compensation.
#73
2
Line 520 - Reflects an increase based on the increase in rental income
minus utility costs.
I
Line 530 through 550 - no change.
Line 720 - Replacement of equipment. This represents an increase. The
authority is trading an older vehicle and will be purchasing a current
f mndpl raeh diffpranrp ie to On hn inrludp unelprrna*inn. Tuanfv narranf
i
i
RESOLUTION NO. 85-66
! RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE HOUSING
C
& INSPECTION SERVICES DEPARTMENT - ASSISTED HOUSING 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 increase in units of Section 8 and Public Housing requires
i
additional staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the authorization of personnel in the Assisted Housing Division be amended
by:
1. The deletion of one three-quarter time Maintenance Worker I.
2. The addition of one full-time Maintenance Worker I.
It was moved by Strait and seconded by Ambrisco
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Baker
x Dickson
x Erdahl
x McDonald
x Strait
x Zuber
Passed and approved this 12th da of March ,,(/19985.
OR
ATTEST:)
Y1 ,.. . r ou)
CIT CLERK
i Rxehrt:i & 7lppnrveti
dy Yno 4941 i72
,P/0irnnnt
7T
RESOLUTION NO. 85-67
RESOLUTION AMENDING THE CLASSIFICATION PLAN
AND NUMBER OF POSITIONS IN THE EQUIPMENT DIVISION
WHEREAS, Resolution No. 84-158 adopted by the City Council on June 19, 1984,
established a classification/compensation plan for AFSCME employees; and
WHEREAS, Resolution No. 84-47 adopted by the City Council on February 28,
1984, establishing an operating budget for FY85 authorizes all permanent
positions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
1. The AFSCME pay plan be amended by:
a. The addition of one Body Repair Mechanic position grade 07.
2. The authorization of personnel in the Equipment Division be amended by:
a. The addition of one full-time Body Repair Mechanic position.
b. The addition of one full-time Maintenance Worker III - Parts Clerk
position.
It was moved by Erdahl 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 thisl2th day of D4nrch 1985.
YO
ATTEST:�11�, 9(/, MgAA
CIT cuCLERK
fl000Ivod & Approved
By The Sepal Depacimonl
.4&�__49X
//7.9-
u.
City of Iowa City
MEMORANDUM
Date: Larch 7, 1985
To: City Council
From: Dale Helling, Assistant City Manager
Re: Additional Positions for Equipment Division
Your agenda of March 12, 1985, includes a resolution which will add two positions
in the Equipment Maintenance Division. They are as follows:
1. Maintenance Worker III - Parts Clerk
This position has been approved for the FY86 budget, based on the need for the
staffing of two separate parts facilities and in response to the considerable
increase in the type, number, and variety of parts we must stock and inventory
for the expanded transit fleet. The need exists to fill this position at this
time. Both parts facilities are in full operation, the transit fleet has been
expanded to include a new make of transit coach, and we are in the process of
completing the computerization of our parts inventory and distribution
functions. In order to ensure continued monitoring and accountability for all
parts, I recommend that this position be filled immediately. The cost of
funding this position for the remainder of FY85 will be $4,800. Money is
available from projected savings in the cost of fuels. for this fiscal year.
Because of lower fuel costs, the Equipment Superintendent is projecting a
year-end balance in this line item which could be as high as $50,006.
2. Body Repair Mechanic
This position has been considered for several years as the cost of contracting
for body repair work and painting has increased. In addition, the new transit
facility is equipped with a special room for doing body work and painting. The
City spent approximately $35,700 in FY84 for labor costs alone related to body
and fender work. Almost $19,000 of this amount was spent on transit coaches.
Funding for a position to perform this work in-house would come from money
which is otherwise budgeted for contracting this work. The figures indicate
that this is clearly cost effective, particularly since the specially equipped
facility for this work currently exists. We estimate that most of the body
work which is now contracted out could be performed by the person in this
position. The priority would be transit coaches. However, body repair work
for other vehicles will also be included.
It should also be noted that a considerable amount of "cosmetic" body work for
transit coaches is done in the spring time. Therefore, it would be advisable
that we fill this position as quickly as possible, thereby immediately
realizing the benefits of its cost effectiveness.
I would be happy to provide any further information Councilmembers desire.
bj4/20
*75'
RESOLUTION NO. 85-68
RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE PUBLIC
TRANSIT DEPARTMENT.
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 operational needs of the Public Transit Department requires an
additional Operations Supervisor and Maintenance Worker to ensure continued
efficiency in the operation of the department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that
the authorization of personnel in the Public Transit Department be amended
by:
1. The addition of a three-fourths time Operations Supervisor, Grade 50.
2. The addition of a half-time Maintenance Worker I, Grade 01.
It was moved by Erdahl and seconded by Dickson
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 March , 1985.
ATTEST:
Decehped A Approve:
By Tho Le+;jal De/partinont
4Z76
1`
RESOLUTION NO. 85-69
RESOLUTION AUTHORIZING THE 14AYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH UNITED ACTION FOR
YOUTH.
WHEREAS, the City Council of Iowa City deems it in the public interest to
provide assistance to young people in Iowa City who are under stress and
alienated from traditional approaches to youth services and who may possibly
be approaching delinquency, and
WHEREAS, United Action for Youth is an agency which plans and conducts an
outreach program to locate youth who are alienated from the traditional
approaches to youth services and help them identify their individual needs
and facilitate meeting the same in the best interest for the individual and
the community, and
WHEREAS, United Action for Youth and the City of Iowa City were more closely
tied in the past, and
WHEREAS, United Action for Youth is a separate agency, no longer tied
directly to the City of Iowa City, and
WHEREAS, an FY85 funding agreement was executed June 19, 1984 between the
City of Iowa City and United Action for Youth, and
WHEREAS, the attached amendment to the FY85 funding agreement has been
negotiated by the City of Iowa City and United Action for Youth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the Mayor is authorized to sign and the City Clerk to attest the attached
amendment to the funding agreement with United Action for Youth for FY85.
It was moved by Dickson and seconded by Erdalil
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
i
x Ambrisco
x Baker
x Dickson
x Erdahl
x McDonald
x Strait
X Zuber
Passed and approved this 12th day of March 1985.
OR
ATTEST: J AA )
CITY CLERK
Nvw Jed ?i Approved
111 T7�
P
Amendment to FY85 Agreement Between the City of Iowa City
and United Action for Youth
It is hereby agreed on this 24 day of April 1985, that
Division III of the FY85 funding agreement executed June 19, 1984, between
the City of Iowa City and United Action for Youth are is hereby amended as
follows:
III D. General Administration.
The following sentence is hereby deleted from the original text:
"The City Council will appoint two qualified voting
citizens of Iowa City to serve as voting members of the
UAY Board."
CITY OF IOWA CITY
or
ATTEST: ligo�J
City Clerk
6hcetvad lk Appravod
By he Legal AeparTmont
Z 1 J(+ 8S
UNITED ACTION FOR YOUTH
1
T
Title
l
Ma I M - , M
Title
i
77
Johnson County Council of Governments
410 E.WaPirgtcn & b Ac City, l v c 52240
r� i0
0
Date:
March
1,
1985
To:
Iowa
City
Council
From: Cheryl Mintle, Human Services Coordinator
Re: Amendments to United Action for Youth and Mayor's Youth Employment
Contracts
Amendments to the existing FY85 City contracts with United Action for Youth
and Mayor's Youth Employment are being submitted to Council to reflect the
increasing autonomy of both of these agencies:
1. United Action for Youth - At one time the United Action for Youth Program
was very closely tied to the City of Iowa City. The contract required
Council appointment of two Board members for UAY. Significant time and
money were being spent fulfilling this requirement which both Council and
UAY seemed to feel has outlived its necessity. This requirement is
therefore being deleted from the contract.
2, Mayor's Youth Employment - Since 1968, the Mayor's Youth Employment
Program has been a program of the City of Iowa City. They are not
incorporated as a separate non-profit organization and their Director has
been formally considered a City employee. With each passing year, MYEP
has become more autonomous and may ultimately incorporate on its own.
However, for now, an agreement has been negotiated between MYEP and the
City regarding City benefits to MYEP.
Only the very basic personnel benefits will be administered for MYEP
through the City system, i.e., FICA and IPERS filing. All other person-
nel responsibilities will lie with MYEP.
This amendment will more clearly state the present relationship between
MYEP and the City as it has evolved.
If you have any questions, or need additional information, please call
356-5242.
I
bdw5/1
T7(
RESOLUTION NO. 85-70
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AMENDMENT TO THE FY85 FUNDING AGREEMENT WITH THE MAYOR'S
YOUTH EMPLOYMENT PROGRAM CLARIFYING THE EMPLOYMENT STATUS OF THE
DIRECTOR.
WHEREAS, the City Council of Iowa City,'lowa, deems it in the public interest
to provide Johnson County youth between the ages of 14 and 19.5 who are
either current ADC recipients or who are determined to be disadvantaged with
meaningful subsidized work experience in public and private non-profit
agencies, and
WHEREAS, the Mayor's Youth Employment Program provides assistance to develop
in these youth positive work attitudes and work habits so that they can later
secure non -subsidized jobs, and
WHEREAS, an FY85 funding agreement was executed June 19, 1984, between the
City of Iowa City and the Mayor's Youth Employment Program, and
WHEREAS, the attached amendment to the FY85 funding agreement has been
negotiated by the City of Iowa City and the Mayor's Youth Employment Program
to clarify the Director's employment status with the City of Iowa City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the Mayor is authorized to sign and the City Clerk to attest the attached
amendment to the funding agreement with Mayor's Youth Employment Program for
FY85.
It was moved by Dickson and seconded by Ambrisco
up
the Resolution e adopted, an on roll call there were:
AYES: NAYS: ABSENT:
j
x Ambrisco
x Baker
x Dickson
x Erdahl
x McDonald
x Strait
x Zuber
Passed and approved this 12th day of Dlarch 1985.
d1
'YO
IATTEST: ),huA,e • A AJ
CITY CLERK
Rac fvod A Appmvad
By Tho Logal De rhnant
�ZS�$s
A
/
Amendment to FY85 Agreement Between the City of Iowa City
and Mayor's Youth Employment Program
It is herein agreed on this _6 h day of A� i , 1985, that
Section ITIC of the FY85 funding agreement executed June 19, 1984, between
the City of Iowa City and Mayor's Youth Employment Program is hereby amended
to read in its entirety as follows:
C. The Mayor's Youth Director shall be responsible for the administration of
the program, including the preparation of an annual program budget for
the City Council's consideration. For the purposes of this agreement,
the director shall be considered an employee of the City of Iowa City.
When a vacancy occurs, the position shall be filled in accordance with
the City's personnel policies. However, the Mayors Youth Board shall
serve as an advisory committee for the selection of the director. The
director shall be entitled to employee benefits of FICA and IPERS to be
provided by the City of Iowa City with costs apportioned to Mayor's Youth
Employment budget. The director shall be entitled to other employee
benefits as approved by the Mayor's Youth Employment Board. Both the
director and the staff shall comply with the personnel rules of the City.
The Mayor's Youth Program may utilize the City's central purchasing
facilities, however, prior approval for expenditures must be obtained
from the City Manager or his designee.
The above amendment to Section IIIC shall be effective upon execution of
said amendment.
CITY OF IOWA CITY
ply"
or
MAYOR'
YOUTH EMPLOYMENT PROGRAM
ATTEST: Ai a --' � ��nJ ATTEST: r' l M1y���UC—P—�
y er lTaame
-341 �� L
Rntriv..d & Approvbd
4yPz
l DeparhnOnt
��
� 7S'
MARY JANE OOELL
SECRETARY OF STATE
a
01F.10*
Mate o1 1loloa
�ecretarp of 6tate
IAeS Sfloiucg
March 21, 1985
STATE CAPITOL BUILDING
,11 MOINES. IA 50319
51538159"
Marian K. Karr, City Clerk
City of Iowa City
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
Re: wa it, nd
Yellow rCab eCo. nt bfor eSupplemental en City of oTaxi Service
Dear Ms. Karr:
We have received the above described agreement,
Which you submitted to this office for filing, pur-
suant to the provisions of Chapter 28E, 1985
Code of Iowa.
You may consider the same filed as of March 21, 1985.
Cordially,
Owl
MARY JA E ODELL
Secretary of State
MJ0/d
// 79
J'I
RESOLUTION NO, SS -71
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
2BE CONTRACT WITH JOHNSON COUNTY AND CITY AND YELLOW CAB CO. FOR THE FY85
SEATS SUPPLEMENTAL TAXI SERVICE.
WHEREAS, it is in the public interest to provide taxi service to Iowa City
residents in order to supplement the Johnson County/Iowa City SEATS program for
delivery of special elderly and handicapped transit services, and
WHEREAS, based on a competitive bidding process, City staff recommends the award
of a contract to City and Yellow Cab Co. of Iowa City for the FY85 SEATS supple-
mental taxi service, and
WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a
public agency of this State may be exercised jointly with any other public agency
of this State having such power, and
WHEREAS, Iowa City, Johnson County, and City and Yellow Cab Co. have negotiated a
28E Agreement for the provision of supplemental taxi services for Iowa City
residents and a copy of said contract is attached and by this reference made a
part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY:
1. That a contract for supplemental taxi service to the Johnson County SEATS
program is hereby awarded to City and Yellow Cab Co.
2. That the Mayor is authorized to sign and the City Clerk to attest the 28E
contract between the City of Iowa City, Johnson County, and City and Yellow
Cab Co. for supplemental taxi service to the Johnson County SEATS program.
3. That the City Clerk is directed to file the 28E Agreement with the Secretary
of State and record same with the Johnson County Recorder.
It was moved by F,rdnht and seconded by Baer
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Passed and approved this 12th
ATTEST:
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
of Ninrch , 1985.
6t»rh�ed Ae Approved
Dy .I Ld
.... Y- ....__S/�`yr
DqP rtMont
X79
28E AGREEMENT FOR FY85 SUPPLEMENTAL TAXI SERVICE
Sl. nil I
This 28E Agreement is made and entered into on the day of
1985, by and between the City of Iowa City, a municipa corporation,erein-
after referred to as "City," Johnson County, and City & Yellow Cab Co.
I. SCOPE OF SERVICES
City & Yellow Cab Co. shall provide transportation for handicapped and
elderly residents of Iowa City as supplemental taxi service in the
Johnson County SEATS program.
II. GENERAL TERMS
1. The origin and/or destination of all trips shall be within the
corporate limits of Iowa City; however, the area of service shall
be the metropolitan area of Johnson County within the corporate
limits of Iowa City, Coralville, and University Heights.
2. The provision of transportation by City & Yellow Cab Co. under
this agreement shall be administered by Johnson County SEATS.
Elderly and handicapped residents of Iowa City shall call the
SEATS dispatcher to request transportation. The SEATS dispatcher
shall determine if the ride is eligible for subsidized taxi
service and will inform City & Yellow Cab Co. dispatcher of the
intended trip, whereupon a taxi will be dispatched.
3. For the purposes of this program, an elderly person is defined as
an individual over 60 years of age; a handicapped person is
defined as any individual with ambulatory, manual, visual, audial,
or mental impairments which seriously limit his/her ability to
obtain adequate transportation either through the use of private
automobile or public transit. This includes persons who are
restricted to wheelchairs. A spouse or companion accompanying
eligible persons shall also be eligible to obtain rides.
4. The following trips shall be eligible for subsidized taxi service
from City & Yellow Cab Co.
a. Medical (i.e. doctor, dentist, drug store); trips that cannot
be easily scheduled 24 hours in advance.
b. Any other trip that cannot reasonably be served by Johnson
County SEATS vehicles. Trip purposes in this category include
social service, shopping, volunteer service, social/senior
activity trips, and employment - including regularly scheduled
trips to and from a worksite.
Taxi service shall be available 24 hours per day. Off -hour
service must be scheduled during hours of SEATS operation.
5. City & Yellow Cab Co, shall reserve the right to refuse service to
any passenger that is being disruptive. The SEATS manager shall
be notified of all instances where a passenger is refused serv-
ice.
4179
2
III. COMPENSATION
1. Each eligible participant shall pay City & Yellow Cab Co, a
donation for each trip and the City shall subsidize the remaining
cost of the trip. However, no eligible participant without a
donation shall be denied a ride by City & Yellow Cab Co. In this
situation, the City shall subsidize the entire cost of the trip. A
determination of the total trip cost shall be calculated from the
rates submitted by City & Yellow Cab Co. in their bid for the
service: $1.70 for the first mile and $.55 for each additional
half mile. The calculation of the first mile shall be mileage up
to one and one-tenth miles and this shall also be the minimum
charge. Each additional half mile shall be calculated at two-
tenths and seven -tenths past the first mile.
2. On a monthly basis, City & Yellow Cab Co. shall request reimburse-
ment from the City for the amount of the trip subsidy. With this
request, an itemization of the date, time, donation, origin, and
destination of each trip shall be provided by City & Yellow Cab
Co. Copies of these records shall also be delivered to the
Johnson County SEATS administrator for verification.
IV. INDEMNIFICATION
City & Yellow Cab Co, agrees to defend, indemnify, and save harmless
the City of Iowa City its officers, employees, and agents from any
and all liability or claims of damages arising under the terms of this
agreement.
V. ASSIGNMENT
City & Yellow Cab Co. shall not assign, sublet, or transfer its
interest in this agreement without the written consent of the City.
VI. DISCRIMINATION
City & Yellow Cab Co. shall not commit any of the following employment
practices:
a. To discharge from employment or refuse to hire any individual
because of their race, creed, color, national origin, religion,
age, sex, marital status, sexual orientation, or disability.
b. To discriminate against any individual in terms, conditions, or
privileges of employment because of their race, creed, color,
national origin, religion, age, sex, marital status, sexual
orientation, or disability.
VII. AFFIRMATIVE ACTION
I. City & Yellow Cab Co. agrees to complete an equal opportunity
policy statement, as provided by the City of Iowa City. City &
Yellow Cab Co. agrees to permit inspection of their records
concerning the supplementary service by a person representing the
City of Iowa City, Johnson County, and/or the State of Iowa,
during normal working hours.
#79
3
VIIIVIII. DURATION
This agreement shall be in effect
parties March 1 ,t1985,he to Jon ethos
1985. Upon agreement by the
agreement may be extended an additional thirty (30) days. However,
this agreement may be terminated upon thirty (30) days written
notification by either the City or City & Yellow Cab Co.
IX. EXTENT OF AGREEMENT
This agreement shall be filed with the Secretary of theStte of tolthe
and the requirementsof Chapter County
yRecorder 28E
f Codenofnlowa. Iowa, pursuant
This agreement represents the entire agreement between the City of
Iowa City, Johnson County, and City & Yellow Cab Co. for subsidized
taxi service as herein provided. It may be amended only by a written
instrument signed by all parties.
CITY & YELLOW CAB CO. CITY OF IOWA CITY, IOWA
v —J2�iY
S :,dent 1
resi
ATTEST:
JOHNSON COUNTY, IOWA 11
U.u�
gy;�Iv7
Chair p vers
Board of Supervisors
ATTEST:
County AUaitOr' Q
By:
o n c ona , ayor
ATTEST: / / j
A//l�I n ) 7I YlRii�/
a an arr, i y er
Recotved It Approved
Fay -the Legal Dort
#7f
RESOLUTION NO. 85-72
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHEAST IOWA, FOR THE USE OF 1985
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO RENOVATE THE GOODWILL INDUS-
TRIES EMPLOYMENT TRAINING FACILITY FOR VOCATIONALLY DISADVANTAGED PERSONS.
i
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant funds granted by the U.S. Department of Housing and Urban
Development (HUD) under Title I of the Housing and Community Development
Act of 1974, as amended, (Public Law 93-383); and
1 WHEREAS, the City of Iowa City wishes to utilize such funds to assist
I Goodwill Industries of Southeast Iowa in renovating the employment
1
training facility,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor be authorized to sign and the City Clerk to attest an
agreement with Goodwill Industries of Southeast Iowa to renovate its
employment training facility for vocationally disadvantaged persons.
Said agreement is attached to this resolution and is incorporated by
this reference herein.
It was moved by Zuber and seconded by Strait
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x AMBRISCO
x BAKER
x DICKSON
x ERDAHL
x MCDO14ALD
x STRAIT
x ZUBER
Passed and approved this 12tli day of March , 1985.
M YOR
ATTEST:��
CITY CLERK
ReK:VNI R Approved
By l:ks Ls 7i:E !::•.nar9mGn1
11P
U
ki
AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND GOODWILL INDUSTRIES OF SOUTHEAST IOWA
FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR RENOVATION OF THE EMPLOYMENT TRAINING FACILITY
FOR VOCATIONALLY DISADVANTAGED PERSONS
I THIS AGREEMENT, entered into this /�/� day of O'A 1985, by
i and between the City of Iowa City, a municipa corporation (herein
referred to as the "City"), and Goodwill Industries of Southeast Iowa
j (herein referred to as "Goodwill"); and
a
WHEREAS, the City is the recipient of 1985 Community Development Block
Grant funds granted by the U.S. Department of Housing and Urban Develop-
ment (HUD) under Title I of the Housing and Community Development Act of
1974, as amended (Public Law 93-383); and
WHEREAS, the City wishes to utilize such funds to assist Goodwill in
renovating its employment training facility for vocationally disadvantaged
persons;
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE
OF THIS AGREEMENT:
PART I
PURPOSE AND SCOPE OF SERVICES:
A. 1. Goodwill shall renovate the employment training facility at
1410 First Avenue, Iowa City, Iowa, in order to improve the
program which provides rehabilitation, training and employ-
ment services to vocationally disadvantaged persons and
individuals with mental and physical disabilities who cannot
readily be absorbed into the competitive labor market.
2. Goodwill shall provide facilities for an employment training
program to serve approximately 150 vocationally disad-
vantaged persons annually for a period of five (5) years.
B. Development of architectural designs for said renovation shall
be the responsibility of Goodwill with written concurrence by
the City.
C. The City shall provide technical assistance regarding bidding
procedures and awarding of contracts. All procedures shall be
carried out according to HUD standards and shall be monitored by
the City .
0. Upon completion, the facilities shall comply with all applicable
state and local building codes and be used for the purpose of
training vocationally disadvantaged persons.
rA
II. TIME OF PERFORMANCE:
Goodwill will perform according to the following schedule:
Program Element Deadline
j Contract for Construction April 15, 1985
I
i Completion of Construction October 15, 1985
Facility in Operation October 15, 1985
I I
j Continued Facility Operation October 15, 1985 -
October 14, 1990
j This schedule is subject to change by mutual agreement of both
parties, in writing.
III. COMPENSATION AND METHOD OF PAYMENT:
I
The City shall pay and Goodwill agrees to accept in full the amount
of two hundred five thousand, three hundred thirty-five dollars
($205,335) for performance under this Agreement, as follows:
1. Partial payment shall be made upon presentation of a properly
executed contract for applicable architectural services.
2. Balance of compensation due shall be made upon presentation of a
properly executed contract for construction and renovation of
the facilities.
3. The total of the above payments shall not exceed $205,335.
IV. TERMS AND CONDITIONS:
A. The City shall assume no responsibility or liability for the
maintenance, operation or program funding of the Goodwill Indus-
tries employment training facility.
B. Goodwill shall, at its own expense, procure and maintain during
the period of this Agreement, all-risk property damage and
liability insurance to be effective as of the start of the
project. Property damage coverage shall not be less than the
current market value of the property, and liability coverage
shall not be less than $100,000 bodily injury per person or
$300,000 bodily injury per occurrence. Proof of insurance shall
be shown to the City by furnishing a copy of a duly authorized
and executed policy issued by an insurance company licensed to
do business in the State of Iowa.
C. In the event that Goodwill elects to sell or otherwise transfer
legal or equitable interest in the property or discontinue the
t employment training program, prior to October 14, 1990, Goodwill
shall pay to the City a prorated share of the $205,335. The
7ft
3
prorated share shall be determined by deducting one-fifth
(1/5th) of $205,335 annually from the original $205,335 for each
j year elapsed under this Agreement.
! D. Except as provided herein, the terms of this Agreement shall be
from the date of execution through October 14, 1990.
E. This Agreement is subject to and incorporates all other terms
and conditions set forth in Part II hereof.
PART II
r I. PERFORMANCE AND REPORTING:
I i
A. Goodwill shall provide facilities for an employment training
program for vocationally disadvantaged persons until October 14,
i 1990, in a manner satisfactory to the City.
f
B. Goodwill shall direct all correspondence concerning this
Agreement to the Office of the Iowa City Community Development
Block Grant Program Coordinator,
C. Goodwill shall submit monthly reports describing the progress of
the renovation activities to the Program Coordinator's office by
! the 15th day of each month until the completion of all renova-
tion and expenditure of all CDBG funds disbursed under this
Agreement.
Upon completion of the renovation project, Goodwill shall submit
quarterly reports by the 20th day of February, May, August and
November of each contract year, quarterly reports shall include
statistics pertaining to the number and county of residence of
persons trained at the Goodwill Industries facility. In
addition, an audited annual report which meets the specifica-
tions set forth in OMB Circular A-102, "Uniform Administrative
Requirements for Grants -in -Aid to State and Local Governments",
and which discloses the expenditure of CDBG funds allocated for
the renovation of this employment training facility shall be
submitted by April 30, 1986. No reporting requirements shall
extend beyond October 14, 1990.
D. Not later than December 1, 1985, Goodwill shall provide the City
with a certified statement of the expenditure of funds disbursed
under this Agreement.
II. OTHER REPORTS, AUDITS AND INSPECTIONS:
A. Goodwill shall promptly furnish the City or HUD with such
statements, records, data, and information as the City or HUD
may reasonably request pertaining to this Agreement.
4101
During the term of this Agreement, any time during normal
business hours, Goodwill shall make available to the City, HUD,
and/or the Comptroller General of the United States, or their
duly authorized representatives, all of Goodwill's records in
order to permit examination of any audits, invoices, materials,
payrolls, personnel records, conditions of employment, and other
data relating to all matters covered by this Agreement.
Goodwill shall retain financial records, supporting documents,
statistical records, and all other records pertaining to expen-
ditures under this Agreement for a period of three (3) years
from the termination of this Agreement.
III. CONTRACTING AND PROCUREMENT STANDARDS:
The requirements of Attachment P (Audit Requirements) of OMB
Circular A-102, Attachment 0 (Procurement Standards) of OMB Circular
A-110, and OMB Circular A-122 (Cost Principles for Non-profit
Organizations) shall apply to the use of funds disbursed under this
Agreement. The City shall provide Goodwill with copies of said OMB
Circulars, and Goodwill hereby acknowledges receipt of said
Circulars.
IV. NON-DISCRIMINATION:
No person shall be excluded from or denied the benefits of the
Goodwill Industries facility on the basis of age, race, color,
national origin, sex, marital status, sexual orientation, or
disability. All prospective beneficiaries must, however, be
disabled or handicapped persons in need of the programs provided at
Goodwill Industries.
EQUAL EMPLOYMENT OPPORTUNITY:
Goodwill certifies that it is an "Equal Opportunity Employer and
that it will comply with Chapter 18 (Human Rights) of the IowaCit
Code, Chapter 601A (State Civil Rights) of the Iowa Code, an
app icable regulations of the U.S. Department of Housing and Urban
Development pertaining to equal opportunity and affirmative action
in employment. Further, Goodwill shall ensure that all contracts for
work under this Agreement contain an appropriate equal employment
opportunity statement.
VI. LEAD-BASED PAINT POISONING PREVENTION:
Goodwill will comply with the requirements of the Lead-based Paint
Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regula-
tions thereunder (24 CFR Part 35), insofar as they apply to the
performance of this Agreement.
11fe
VII. TERMINATION OF AGREEMENT FOR CAUSE:
If Goodwill fails to fulfill its obligations under this Agreement in
a timely and proper manner, or if Goodwill violates any of the
terms, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement by giving
written notice to Goodwill specifying the default or defaults, and
stating that this Agreement will be terminated 30 days after the
giving of such notice unless such default or defaults, are remedied
within such tctperiod.
event
oermination, Goodwill
shallrepay City the fullamountof$205,335
VIII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS:
to the Congress of the United States, and
A. No member or delegate
no resident Commissioner, shall be admitted to any share or part
of this Agreement, or to any benefit to arise herefrom.
B. No member of the governing body of the City, no officer,
employee, official, or agent of the City, or other local public
official who exercises any functions or responsibilities
in
out of the
connection with the review, app private
project to which this Agreement pertains, shall have any
interest, direct or indirect, in this Agreement.
IV. INTEREST OF GOODWILL:
Goodwill covenants that it personally has no interest and shall not
acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of the services to be
performed under this Agreement. Goodwill further covenants that in
the performance of this Agreement, no person having such an interest
shall be employed by Goodwill.
X. ASSIGNABIL
Goodwill shall not assign or transfer any interest in this Agree-
ment, whether by assignment or novation, without the prior written
approval of the City.
XI. HOLD HARMLESS PROVISION:
Goodwill shall indemnify and hold harmless the City,
ty, itsdamageers,
employees and agents from all liability, loss,
and
expense (including reasonable attorney's fees and court costs) re-
sulting from or incurred by reason of any actions based upon the
performance of this Agreement.
M
N
6
IN WITNESS WHEREOf the parties hereto have executed this Agreement on this
/cam day of , 1985.
CITY OF IOIJA CITY,,IOWA
BY: Lkl%&Oalr-cZ�
Mayor
GOODWILL INDUSTRIES
OF SOUTHEAST IOWA
BY:
Executive Director
A TTC CT -
City of Iowa City
MEMORANDUM
Date: March 11, 1985
To: Mayor McDonald and City Council Members
From: Monica Moen, Associate Planner
Re: 1985 CDBG Goodwill Industries Agreement
Please note that the following language has been inserted on page 3, Part II,
Section I (Performance and Reporting), second paragraph of paragraph C of the
attached Agreement between the City of Iowa City and Goodwill Industries for
the use of 1985 CDBG funds: "...In addition, an audited annual report which
meets the s ecifications set forth in OMB Circular A-102 "Uniform Adminis-
j trative Re uirements for rants -in- i to State and Local Governments and
which disc oses tne expenditure of CDBG funds allocated for the renovation of
iFis employment training facility shall be submitted by April 30, 1986.
This statement fulfills the obligations set forth in the Single Audit Act of
1984 which specifically requires that the City, as a federal grant recipient,
ensure that all subrecipients of this federal financial aid comply with all
audit requirements which the City is obligated to fulfill.
If you have any questions, or desire additional information, please do not
hesitate to contact me at 356-5247.
bj1/5
i
i
cc: (Jeal Berlin
Don Schmeiser
Jim Hencin
Monica Bieri
Od
AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND GOODWILL INDUSTRIES OF SOUTHEAST IOWA
FOR THE USE OF 1985 C014MUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR RENOVATION OF THE EMPLOYMENT TRAINING FACILITY
FOR VOCATIONALLY DISADVANTAGED PERSONS
THIS AGREEMENT, entered into this day of , 1985, by
and between the City of Iowa Ci y, a municipa corporation (herein
referred to as the "City"), and Goodwill Industries of Southeast Iowa
(here4p referred to as "Goodwill"); and
WHEREAS the City is the recipient of 1985 Community Development Block
Grant funs granted by the U.S. Department of Ho ting and Urban Develop-
ment (HUD)\under Title I of the Housing andCoiunity Development Act of
1974, as amended (Public Law 93-383); and ��
WHEREAS, the City wishesto utilize such unds to assist Goodwill in
renovating its employment training facility for vocationally disadvantaged
persons;
NOW, THEREFORE, THE\`R8FTIES HERETO AGR/TO THE FOLLOWING IN PERFORMANCE
OF THIS AGREEMENT:
I
I. PURPOSE AND SCOPE OF SERVICE
A. 1. Goodwill shall n ate the employment training facility at
1410 First Avenu Iowa City, Iowa, in order to improve the
program which pro 'des rehabilitation, training and employ-
ment services ocationally disadvantaged persons and
individuals wit men 1 and physical disabilities who cannot
readily be abs bed in o the competitive labor market.
2. Goodwill shal provide f ilities for an employment training
program t serve a roximately 150 vocationally
disadvantag persons annu lly for a period of five (5)
years.
B. Development o architectural design for said renovation shall
be the respo sibility of Goodwill wi written concurrence by
the City.
C. The City s all provide technical assistance regarding bidding
procedures nd awarding of contracts. All procedures shall be
carried ou according to HUD standards and shall be monitored by
the City .
D. Upon compl tion, the facilities shall comply with all applicable
state and ocal building codes and be used for the purpose of
training vocationally disadvantaged persons.
K
II. TIME OF PERFORMANCE:
i
Goodwill will perform according to the following schedule:
i
i Program Element Deadline
Contract for Construction April 15, 1985
� Completion of Construction October 15, 1985
i
Facility in Operation/by
October 15, 1985
Continued Facility OperOctober 15, 1985 -
October 14, 1990
i
This s edule is subject to chual agreement of both
parties, 'n writing.
III. COMPENSATIO AND METHOD OF PAYMEN
The City shalX
and Goodwill agrees to accept in full the amount
of two hundrive thousand, three hundred thirty-five dollars
($205,335) foormance un r this Agreement, as follows:
1. Partial pnt hall made upon presentation of a properly
executed act r a plicable architectural services.
be made
sentation
2 properlyBalance uted aco act fori due llco struction nande reno at on fof
the facils.
3. The totalthe ab ve pay nts shall not exceed $205,335.
IV. TERMS AND CONONS:
A. The Cityll ssume no respo ibility or liability for the
maintenanope ation or program nding of the Goodwill Indus-
tries empen training facility.D. Goodwill l at its own expense, pro ure and maintain during
the periof this Agreement, all-risk property damage and
liabilitys rance to be effective as of the start of the
project.o erty damage coverage shall not be less than the
current mark t value of the property, and liability coverage
shall not b less than $100,000 bodily injury per person or
$300,000 bod ly injury per occurrence. Proof of insurance shall
be shown to the City by furnishing a copy of a duly authorized
and execute policy issued by an insurance company licensed to
do business in the State of Iowa.
t
C. In the even St Goodwill elects to sell or otherwise transfer
legal or equitable interest in the property or discontinue the
employment training program, prior to October 14, 1990, Goodwill
shall pay to the City a prorated share of the $205,335. The
111"
3
prorated share shall be determined by deducting one-fifth
(1/5th) of $205,335 annually from the original $205,335 for each
year elapsed under this Agreement.
D. Except as provided herein, the terms of this Agreement shall be
from the date of execution through October 14, 1990.
E. This Agreement is subject to and incorporates all other terms
and conditions set forth in Part II hereof.
PART II
I. PERFORMANC AND REPURIINU:
A. Goodwill hall prVZd
facilities for an employment training
program for vocatid facilities
ged persons until October 14,
1990, in a m (�\ner ctory to the City.
B. Goodwill shall all orrespondence concerning this
Agreement to th'eof th Iowa City Community Development
Block Grant Prograinat .C. Goodwill shall subthl reports describing the progress of
the renovation actt the Program Coordinator's office by
the 15th day of et until the completion of all renova-
tion and expendit11 CDBG funds disbursed under this
Agreement.
Upon completion of the r n\for
project, Goodwill shall submit
quarterly reports by t e of February, May, August and
November of each contract uarterly reports shall include
statistics pertaining to ter and county of residence of
persons trained at the l Industries facility. In
addition, an audited annuawhich discloses the expendi-
ture of COBG funds a locathe renovation of this employ-
ment training facil' y shaitted by April 1, 1986. No
reporting requireme is shad eyond October 14, 1990.
D. Not later than Dec mber 1, 1985, Goodl shall provide the City
with a certified atement of the expe diture of funds disbursed
under this Agreem sit.
II. OTHER KhFUNIJ HuuIIla ni u u ai
A. Goodwillshall romptly furnish the City or HUD with such
statements, rec rds, data, and information as the City or HUD
may reasonably lodwill
uest pertaining to this Agreement.
B. During the teof this Agreement, any time during normal
business hours, shall make available to the City, HUD,
and/or the Comptroller General of the United States, or their
duly authorized representatives, all of Goodwill's records in
order to permit examination of any audits, invoices, materials,
payrolls, personnel records, conditions of employment, and other
data relating to all matters covered by this Agreement.
10()
a
III
IV.
V.
VI.
VII.
C. Goodwill shall retain financial records, supporting documents,
statistical records, and all other records pertaining to expen-
ditures under this Agreement for a period of three (3) years
from the termination of this Agreement.
CONTRACTING AND PROCUREMENT STANDARDS:
The requirements of Attachment P (Audit Requirements) of OMB
Circular A-102, Attachment 0 (Procurement Standards) of OMB Circular
A-110, and OMB Circular A-122 (Cost Principles for Non-profit
Organizations) shall apply to the use of funds disbursed under this
Agreement. The City shall provide Goodwill with copies of said OMB
Circulars, and Goodwill hereby acknowledges receipt of said
Circulars.
No person shall be excluded from or den' d the benefits of the
Goodwill Industries facility on the /bbsa's of age,race, color,
national origin;, sex, marital statsexual orientation, or
disability. All prospective benefies must, however, be
disabled or handicapped persons in nee the programs provided at
Goodwill Industries.
Goodwill certifies that i
that it will comply with C
Code, Chapter 601A (State
app icable regulations of
Development pertaining to
in employment. Further, Go
work under this Agreement
opportunity statement.
is an "Equal Opportunity Employer" and
Ater " (Human Rights) of the Iowa C_itY
vi Rights) of the Iowa Ce;
a� all
th.5. Department of Housing and Urban
equ 1 opportunity and affirmative action
dw l shall ensure that all contracts for
gonta'n an appropriate equal employment
Goodwill will comply witp the requireml
Poisoning Prevention Act/ (42 U.S.C. 46
tions thereunder (24 CfR Part 35), in
performance of this Agr ement.
of the Lead-based Paint
at seq.) and HUD regula-
�r as they apply to the
If Goodwill fails to fulfill its obligations under this Agreement in
a timely and prope manner, or if Goodwill violates any of the
terms, agreements, stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement by giving
written notice to oodwill specifying the default or defaults, and
stating that this treement will be terminated 30 days after the
giving of such notice unless such default or defaults, are remedied
within such grace period. In the event of such termination, Goodwill
shall repay the City the full amount of $205,335.
Ira
5
VIII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS:
A. No member or delegate to the Congress of the United States, and
no resident Commissioner, shall be admitted to any share or part
of this Agreement, or to any benefit to arise herefrom.
B. No member of the governing body of the City, no officer,
employee, official, or agent of the City, or other local public
official who exercises any functions or responsibilities in
connection with the review, approval, or carrying out of the
project to which this Agreement pertains, shall have any private
interest, direct or indirect, in this Agreement.
IV. INTEREST OF GOODWILL:
Goodwill covenants that it personally has no interest and shall not
acquire an interest, direct or indirect, which would conflict in
any manner r degree with the performance of the services to be
performed un r this Agreement. Goodwill further covenants that in
the performanc of this Agreement, no person having such an interest
shall be employ d by Goodwill.
X. ASSIGNABILITY:
Goodwill shall not a sign or transfer any interest in this Agree-
ment, whether by assigpment or novati n, without the prior written
approval of the City. \
XI. HOLD HARMLESS PROVISION: \
Goodwill shall indemnify and ho harmless the City, its officers,
employees and agents from all iability, loss, costs, damage and
expense (including reasonable torney's fees and court costs) re-
sulting from or incurred by ea n of any actions based upon the
performance of this Agreement
IN WITNESS WHEREOF the parties he eto have xecuted this Agreement on this
day of 19�
CITY OF IOIJA CITY, IOWA
BY:
ATTEST:
City Clerk
WILL INDUSTRIES
SOUTHEAST IOWA
BY:
Executive Director
ATTEST:
Administrative Assistant
Recetved Q< Approved
By Th II ((III De ariT' f
?�6 1J
r{�d
RESOLUTION NO. 85-73
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AGREEMENT WITH THE IOWA CITY COMMUNITY SCHOOL DISTRICT,
FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO PURCHASE PLAYGROUND EQUIPMENT FOR THE LONGFELLOW SCHOOL PLAYGROUND
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant funds granted by the U.S. Department of Housing and Urban
Development (HUD) under Title I of the Housing and Community Development
Act of 1974, as amended, (Public Law 93-383); and
WHEREAS, the City of Iowa City wishes to utilize such funds to assist the
Iowa City Community School District in purchasing playground equipment for
the Longfellow School playground; and
WHEREAS, the Longfellow School playground site is to function as the
playground for Longfellow School, as well as a park serving residents
living in the neighborhood surrounding the playground,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor be authorized to sign and the City Clerk to attest an
agreement with the Iowa City Community School District to purchase
equipment for the Longfellow School playground. Said agreement is
attached to this Resolution and is incorporated by this reference
herein.
It was moved by Ambrisco and seconded by Erdahl
the Resolution be adopted, and upon roll call there were:
AYES:
Passed and approved this 12th
ATTEST:
NAYS: ABSENT:
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
of Ntirch , 1985.
�190d fs Approved
BY�/Ihh'::'I rj=1Nrlmenf
.�3 i
'J,, ,Z
fl
CITY of IOWA CITY
CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
March 7, 1985
Dr. David L. Cronin, Superintendent
Iowa City Community School District
509 South Dubuque Street
Iowa City, Iowa 52240
Re: Longfellow Playground Equipment
Dear Dr. Cronin:
This letter is to set forth the agreement between the City of Iowa City
and the Iowa City Community School District regarding the use of certain
Community Development Block Grant (CDBG) funds.
The City of Iowa City, as recipient of 1985 CDBG funds granted by the U.S.
Department of Housing and Urban Development under Title I of the Housing
and Community Development Act of 1974, as amended, wishes to utilize CDBG
funds to assist the Iowa City Community School District in purchasing
playground equipment for the Longfellow School playground. This site is
to function as the playground for Longfellow School, as well as a park
serving residents living in the neighborhood surrounding the playground.
The City's sole responsibility in this matter shall be to make payment to
the School District for this project in an amount not exceeding $2400.
Payment shall be made to the School District upon presentation of an
invoice for the Longfellow playground equipment. It shall be the respon-
sibility of the School District to purchase and install the equipment at
the Longfellow School playground site and to assume all responsibility for
the maintenance of the equipment and for all tort claims related to this
project. The School District shall be responsible for selection of the
equipment for this playground with written concurrence by the City.
The City is pleased to participate,
completion of this joint effort to
the Longfellow School neighborhood.
Si erely yours
ohn McDonald
Mayor
and looks forward to the successful
improve the playground facilities in
/AV
Dr. David L. Cronin
March 7, 1985
Page 2
The Iowa City Community School District
relating acknowledges
ckn wled Longfellowreceipt
o the
foregoing letter, dated March 71
ground equipment, and the signature ehalf
attests its agreement
to the terms thereof on this �L Y of March,
�,,�,l�,ed a RPProveil
� �c�nl f�epartm^-nl
N1.
7 0
i
CITY OF IOWA
CITY
CNIC CENTER 410 E. WASHINGION SI IOWA CITY. IOWA 52240 (319) 35(-5000
I i
March 15, 1985
Mr. Tom Slockett
Johnson County Auditor
Johnson County Courthouse
Iowa City, Iowa 52240
Dear Mr. Slockett:
Enclosed please find the following proceedings and materials for
certification of the FY86 Budget for Iowa City, Iowa, July 1, 1985
through June 30, 1986.
1) one original proof of publication of Notice of Public
Hearing of Budget Estimate, one original and one copy
i of the Notice.
2) two copies of the Adopted Budget Certificate of City
Taxes.
1 3) two copies of the detailed FY86 Budget.
4) two copies of the Budget Certificate Summary.
5) two copies of General Obligation Bond Schedule.
I Sincerely,
Marian K. Karr, (TIC
City Clerk
City of Iowa City
MKK/rp
enc.
i
FILED
Johnson Co. Iowa
/sMMA_R 11519855
COUNTY AUDITOR
M
RESOLUTION NO. 85-74
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 NOMINATIO14 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 I014A 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.
416fop_
Resolution No. 85-74
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 Grdahl and seconded by Strait
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 March , 1985.
Recaived K Approved
BY Thu_Lenal Dneht.