HomeMy WebLinkAbout1985-06-18 ResolutionRESOLUTION NO. 85-176
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made appli-
cation and paid the mulct tax required by law for the sale of
cigarettes and cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
See attached list.
It was moved by Strait and seconded by Ambrisco
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Ambrisco x
Baker X
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Dickson X
Erdahl x
McDonald x
Strait x
Zuber x
Passed and approved this 18th day of June ,
19 85
Affayor
Attest: na,,id;Si- I/ X oA, i
City Clerk
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June 18, 1985 Meetin
85-25 Iowa City Kum $ Go #422, 513 S. Riverside
85-26 Federal Bldg. - Snack Shop, 400 S. Clinton
85-29 Walgreens, 1646 Sycamore Street
85-30 Eagles Lodge Aerie #695, P.O. Box 507
85-31 The Annex, Inc., 819 1st Avenue
85-34 Randall's, 1851 Lower Muscatine
85-42 Tuck's Place, 210 N. Linn
85-79 Central Pharmacy Center, 701 E. Davenport
85-85 T$M Mini Mart Ltd., 2601 Hwy 6 East
85-116 Osco Drug 4448, 201 S. Clinton
85-122 Harry's Dodge Street DX, 605 N. Dodge
85-135 Kirkwood '76, 300 Kirkwood Avenue
85-148 Gabes, 330 E. Washington
85-155 King Richard's, Sycamore Mall
85-24 Kum f, Go #104, 1104 S. Gilbert
85-23 Dave's Fox Head Tavern, 402 E. Market
85-128 Revco Discount Drug Center No. 3019, 1101 South Riverside Drive
85-129 Finkbine Golf Course, University of Iowa
85-130 Iowa Memorial Union, University of Iowa
86-2 Maid -Rite Corner, 630 Iowa Avenue
86-3 Billaro's, 1210 Highland Court
86-4 Vito's, 118 E. College
86-5 Givanni's, 109 E. College Street
86-6 Lenny's, 122 Wright Street
86-7 Dooley's, 18-20 S. Clinton
85-16 Wareco, 828 S. Dubuque
85-44 Diamond Dave's Taco, 118 S. Clinton
85-56 Poggie's Tap, 928 Maiden Lane
85-60 Towncrest Inn, 1011 Arthur Street
85-62 Mumm's, 21 W. Benton Street
85-63 Plamor Lane, 1555 First Avenue
85-64 Micky's, it S. Dubuque Street
85-65 Mill Restaurant, 120 E. Burlington
85-69 Highland Avenue DX, 1310 S. Gilbert Street
85-70 Highlander Motor Inn, Hwy. 1 $ I-80
85-73 Field House, 111 E. College Street
85-74 Bo -James, 118 E. Washington Street
85-75 Carlos O'Kelleys, 1411 S. Gilbert Street
85-76 American Legion Post #17, American Legion Road
85-77 Country Kitchen, 1402 S. Gilbert
1133
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CIGARETTE PERMITS: July 1, 1985 - June 30, 1986
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June 18, 1985 Meeting (Continued)
85-90
Bill's I-80 Conoco, Hwy 1 $ I-80
85-91
Copper Dollar, 211 Iowa Avenue
85-92
Deadwood, 6 S. Dubuque
85-93
Doc's Standard, 801 S. Riverside Drive
85-94
Fitzpatrick's, 525 S. Dubuque
85-96
R. T. Grunts, 826 S. Clinton
85-97
Kitty Hawk, 800 S. Dubuque
85-99
Mama's, 5 S. Dubuque
85-100
Paul's Hardware, Rvy. 1 West
85-101
Rossie's Cafe, 329 S. Gilbert
85-102
Sanctuary, 405 S. Gilbert
85-103
Senor Pablos, 920 1st Avenue
85-104
6:20, 620 S. Madison
85-105
Sports Column, 12 S. Dubuque
85-107
VFW 3949, Hwy. 6 Bypass
85-108
Village Inn, 9 Sturgess Corner
85-109
Vine, 330 E. Prentiss
85-114
Vitosh Standard, 1905 Keokuk
85-143
Stonewalls, 127 Iowa Avenue
85-145
Golden Corral, 621 S. Riverside Drive
BS -146
Hungry Hobo, 517 S. Riverside
85-149
Yacht Club, 1515 Mall Drive
85-151
Coaches Corner Lounge, 1220 Highway 6 West
85-152
The Ground Round, 837 South Riverside Drive
85-154
Howard Johnson's, Hwy. 1 $ I-80
85-155
King Richard's, Sycamore.Mall
86-8
Magoo's, 206 N. Lim
86-9
Donutland, 817 S. Riverside Drive
86-10
Amelia Earhart, 223 E. Washington
86-11
Holiday Inn, 210 S. Dubuque
86-12
Hilltop Tavern, 1100 N. Dodge
85-138
Burger Palace, 121 Iowa Avenue
85-150
Ye 01d Keg Shoppe, 1910 S. Gilbert Street
Page 3
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RESOLUTION NO. 85-177
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described i
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit or liquor control license,
to wit:
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Mill Restaurant, 120 E. Burlington
Fraternal Order of Eagles #695, 225 Hwy. 1 S., P.O. Box 507 j
It was moved by Strait and seconded by Amb_ risk_
that the Resolution as -read ll te adopted, and upon roll cahere
f
were:
AYES: NAYS: ABSENT: I
Ambrisco
Baker x
Dickson x
Erdahl x
McDonald x
Strait x
3
Zuber x
Passed and approved this 18th day of June r
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19 85
yor
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Attest:
city
Clerk I
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City of Iowa City
MEMORANDUM
Date: June 10, 1985
To: City Council
From: Douglas Boothroy, Director of Housing & Inspection Servicesl �
Sherri Patterson, Code Enforcement Assistant [�J
Re: The removal of inoperable/obsolete vehicles
The parking of inoperable/obsolete vehicles constitutes over 30% of the
complaints received by code enforcement personnel. This reflects a strong
citizen concern about removing blight conditions and health and safety
hazarExisting cregulationsar(both abandoned zoning and vehiclesin
ncodes) Bare not adequate dto
ensure the timely removal of these vehicles. Both regulations, for example,
rely on misdemeanor prosecution which is rigid, cumbersome, expensive, and
slows enforcement efforts. Litigation to date has not resulted in the
removal of any vehicles. Attached to this memorandum for Council's considera-
tion is a proposed amendment to the nuisance ordinance which streamlines the
enforcement process by establishing abatement procedures which will allow the
City to tow away any vehicle declared a nuisance. Also attached are the
administrative procedures and a typical of the Notice to Abate sticker.
The proposed amendment defines any inoperable /ob
when: /obsolete vehicle as a nuisance
I. It is not licensed for the current year, and/or
2. It exhibits any one of the following characteristics: broken glass,
broken or loose parts, missing engine or wheels, habitat for animals or
insects.
The amendment also establishes locational criteria which prohibit the parking
of an inoperable/obsolete vehicle for a period in excess of 48 hours in
residential, commercial, or industrial zones unless located:
1. within buildings,
2. within a junkyard,
3. upon property containing an auto- and truck -oriented use operated in the
appropriate zone.
If a vehicle is found to be a nuisance (inoperable/obsolete) and is in
violation of the locational criteria the City would give a minimum ten days
notice to abate the nuisance, advising the property owner of their appeal
rights and that failure to cumply will result in the City undertaking the
abatement by impounding the vehicle. In any situation of clear and compel-,
ling emergency, the City could have a vehicle declared a nuisance and towed
away without prior notice and opportunity of hearing. In addition, all
enforcement costs, including staff time, would be recovered from the redemp-
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tion or sale of the vehicle and if proceeds of sale are not sufficient for
payment of costs, the balance may be assessed against the property for
collection as property tax.
The primary objective of this amendment are to ensure timely removal of
inoperable/obsolete vehicles considered a nuisance and to enable the City to
recover its direct costs of enforcement. Other communities in Iowa have
adopted provisions similar to these which are working quite successfully.
Thank you for your consideration of this matter.
bdw5/1
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tion or sale of the vehicle and if proceeds of sale are not sufficient for
payment of costs, the balance may be assessed against the property for
collection as property tax.
The primary objective of this amendment are to ensure timely removal of
inoperable/obsolete vehicles considered a nuisance and to enable the City to
recover its direct costs of enforcement. Other communities in Iowa have
adopted provisions similar to these which are working quite successfully.
Thank you for your consideration of this matter.
bdw5/1
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DEPARTMENT OF HOUSING INSPECTION SERVICES
PROCEDURES FOR INSPECTION AND IMPOUNDMENT OF INOPERABLE/OBSOLETE VEHICLES
A. INSPECTION PROCESS:
1. Inoperable/obsolete vehicle reported (complaint received).
2. Field inspection conducted to determine whether vehicle reported is
inoperable/obsolete.
a. Required information gathered: make, model, year, color, license
number, date of license, location and condition of vehicle.
b. Vehicle photographed.
3. Property and vehicle ownership determined.
4. Property and vehicle reinspected (after 48 hours).
a. If vehicle has been removed, file is closed. If vehicle has not
been removed, proceed with Notice to Abate.
b. Notice to Abate (minimum ten days to remove or appeal).
1. Notice to Abate sticker attached to vehicle.
2. Written Notice to Abate in accordance with Sec. 24-102(d)
sent or delivered to property owner.
5. Property and vehicle reinspected (after 10 days).
a. If vehicle has been removed, file is closed. If vehicle has not
been removed proceed with impoundment.
B. IMPOUNDMENT PROCESS:
1. Authorization to tow vehicle delivered to police department, (minimum
24 hour notice).
2. Vehicle Impounded.
a. Vehicle removed with the following persons present.
1. Police officer
2. Housing and Inspection staff member who conducted field
inspection.
3. Towing service personnel
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b. Property and vehicle condition inventory completed by Inspector.
1. Information required.
(a) Nate and time of removal.
j (b) Names of police officers, Housing and Inspection staff ;
member, towing service personnel.
(c) Property damage (if any).
(d) Address of impound lot. j.
2. Photographs required. ! I'
(a) Vehicle - one picture showing front and one side, and 9
one showing the rear and opposite side. 4
(b) Property - before and after removal. I
3. Verification required. t j
(a) signatures of all personnel present. ( '
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DRAFT
INOPERABLE/OBSOLETE
CITY OF IOWA CITY, IOWA
NOTICE -- THIS VEHICLE HAS BEEN DECLARED A NUISANCE IN VIOLATION
OF CHAPTER 24, ARTICLE VI, CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA. IF VEHICLE IS NOT REMOVED FROM PROPERTY BEFORE:
DATE
IT WILL BE TOWED AWAY AT OWNER'S EXPENSE,
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P .
DATE: TIME: INSPECTOR;
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ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT THE HOUSING
& INSPECTION DEPARTMENT AT :5V-5120,
DRAFT
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RESOLUTION NO. 85-178
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RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY86
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ASPHALT RESURFACING PRQIECI'
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DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
i 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 16th day of July 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
i for the construction of the above named project are hereby ordered placed on
_:..i. file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Strait and seconded by Ambrisco that the
resolution as read be a optc eland upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Baker
_x Dickson
x Erdahl
x McDonald
X_ Strait
x Zuber
iPassed and approved this 18th day of June 19.
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MAYOR
ATTEST: )7 J.
i —���— Received & Apprevea
By TI a W&I epartmonf
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/i97
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F. ,��w,waa,q,v
`S HIGHWAY DIVISION
Application for use of County
Highway Right of Wag for
Utilities Aceommodatbn Permit No
Applicant: University of Iowa
103 W Burlington Street Iowa City Iowa 52242
samara 16,11 im,n m,crt
Iowa Department of Transportation
Ames, Iowa 50010
Gentlemen:
Approval is hereby requested for the use of Primary Highway IA 1 in Sec. 10
tx.. ,
T 79 N R 6 W Johnson County 0.039 miles,
East from west abutment for Burlington Avenue Bridge
at Highway Station(&) No. 6+00 for the accommodation of an ut{ { Y
line for the transmission of water,
The installation shall consist of 20" due i i iron pipp wat•Prmm J n
s � _
and will be looted as shown on the detailed plat attached hereto.
AGREEMENTS: The story company,corporation, applicant, pmWt holder or licensee,@etelnaflerrdarredton the permilholder)
agrees that the following stipulations shall govern under this permit.
1. The location. construction and maintenance of the utility installation covered by this application shall be in accordance with the
current Iowa Department of Transportation Utility Accommodation Policy.
2. The installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations,
regulations and directives of the Iowa State Commerce Commission, Utilities Division, the Department of Water, Air and Waste
Management, all rules and regulations of the Iowa Department of Transportation, and any other laws or regulations applicable.
3. The permit holder shall be fully responsible for any future adjustments of its facilities within the established highway right of way
caused by highway construction or maintenanceoperations.
4. The Iowa Department of Transportation shall give the permit holder at least 48 hours notice of any proposed construction or
maintenance work, on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the
permit holder in order that the permit holder may arrange to protect its facilities.
5. The State of Iowa and the Iowa Department of Transportation assume no responsibility for damages to the permit holder's
property occasioned by any construction or maintenance operations on said highway if permit holder has been notified in accordance
with stipulation number 4 above or if the facilities is not located in accordance with this permit.
6. The permit holdershall take all reasonable precaution during the construction and maintenance of said installations to protect and
safeguard the lives and property of the traveling public and adjacent property owners.
7. The permit holder agrees to give the Iowa Department of Transportation forty-eight hours' notice of its intention to start
construction on the highway right-of-way. Said notice shall be made to the Engineer whose name is shown below.
8. The permit holder agrees to at all times give the Iowa Department of Transportation timely notice of intention to perform routine
maintenance within the right-of-way. Said notice shall be to the Engineer whose name Is shown below.
9. The permit holder, and its contractors. shall carry on the construction or repair of the accommodated utility with serious regard to
the safety of the public. Traffic protection shall be in accordance with Part VI of the current Iowa Department of Transportation
Manual on Uniform Traffic Control Devices for Streets and Highways.
10. Flaggingoperations am the responsibility of the permit holder. The original placement of signs and removal on completion of the
work shall be accomplished by the permit holder.
11. Operations in the construction and maintenance of said utility installation shall be carried on in such a manner as to taus rt/
minimum of interference to or diuractinn nr tnrf,r nn .Ad hLha.v ;p� E
12. The permit holder shall be responsible for anydamage that Mayfesult to said highway because ofthc construction operation, or
maintenance of said utility, and dull reimburse the State of Iowa orthe Iowa Department of Transportation anycxpenditure that the
State of Iowa or the Iowa Department of Transportation may have to make an said highway because of said Permit Holder's s utility
having been constructed, operated, and maintained thereon.
13. The permit holder shall idemnify and save harmless the State of Iowa, and the Iowa Department of Transportation from anyand
All causes of action, suits at law or in equity, or losses, damages, claims, or demands, and from any and all liability and expense of
whatsoever nature for, on account of, or due to the acts or ommissiom of said Permit holder's officers, members, agents, representa-
tives,contractors, employees orassigns arising out of or in connection with its (or their) use oroccupancy of the public highway under
this permit.
14. Non-compliance with any of the terms of the Iowa Department of Transportation policy, permit, or agreement, may be
considered cause for shut -down of utility construction operations or withholding of relocation reimbursement until compliance is
assured. or revocation of the permit. The cost of any work caused to be performed by the State in removal of non -complying
construction will be assessed against the permit holder.
IS. Acopy of the approved permit shall be available on thejob site at all times for examination by Department of Transportation
officials.
16. This permitYullterminate20yearsfromdateofapprovalforgasandwatermainsoutsidethecorporatelimitsofamunicipality
in accordance with the Code of Iowa, Chapter 320. Renewal may be requested.
17. The following special requirements will apply to this permit:
riniyornii-Y ofwTrn
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ror
1M W_ Ann-linq Ci- T r•— r`{4�
Ae°m Iowa 52242
APPROVAL OF CITY OR TOWN
(If proposed fine is within an incorporated town or city, the Council of said town or city must grant approval for installation.)
"The undersigned city ortown joins the grantsembodied in theabove permit executed by the Iowa Department of Tt .nsportation
on condition that all of the covenants and undertakinga therein running to the Iowa Department of Transportation shall insure to the
benefit of the undersigned city or town. The permit is approved by the below delegated city or town official.
By smear mk Das
APPROVAL BY THE STATE FOR POLE LINE AND BURIED INSTALLATIONS
� w..a... ew. Date
APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS
Recommended
a.rr sa,er tto.,r we
Approved [A r.,m..v u... ha
Notice of meation to ran oonWction on the highway righter-sey shall be ant to:
ear ami., Ube,.
Notice of latendoo town mintmoot on the highway NgM4-my Own be am to:
zmr w.... r.ap,.
�gn+44�aspw Nr r.a.r t,ra r.Ww...r,.xw. mra.�,.
slmn f"%M"Dew In aitofTrallip o"Ist
+ri HIGHWAY DIVISION
AppHadon for ase of
Highway Right of Way for
Utilities Accommodation
County
Permit No.
Appiiant: University of Iowa
IrYr Y".ml
103 W. Burlington Street Iowa City Iowa S99a9
Iowa Department of Transportation
Ames, Iowa 50010
Gentlemen
Approval is hereby requested for the use of Primary Highway Rre I . r - 9 t in Sec. i F
IMumY"
T 79N ,R 6 W Sohnson County— n -ni-j miles,
North from —the University o± r..wa R,.gra.n :..e . _,___
of nr Anne
IQmsl Iraq i,� 1 xy
at HighwayStation(s)No. 194+60 for the accommodation of an "t'lli+y
line for the transmission of Mater.
The installation shall consist of 20" d + t 1 e i ren pine wa+p"A i —
and "be located as shown on the detailed plat attached hereto.
AGREEMENTS; The sttlllgcompany, corporation, applicant, permit hoWerorUoaa,(hereinafter referredtoasthepermit bolder)
Agrees that the following stipulations shall govem under this permit,
I. The location, construction and maintenance of the utility installation covered by this application shall be in accordance with the
current Iowa Department of Transportation Utility Accommodation Policy.
2. The installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations,
regulations and directives of the Iowa State Commerce Commission, Utilities Division, the Department of Water, Air and Waste
Management, all rules and regulations of the Iowa Department of Transportation, and any other laws or regulations applicable.
3. The permit holder shall be fully responsible forany future adjustments of its facilities within the established highway right of way
caused by highway construction or maintenance operations.
4. The Iowa Department of Transportation shall give the permit holder at lust 48 hours notice of any proposed construction or
maintenance work, on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the
permit holder in order that the permit holder may arrange to protect its facilities.
5. The State of Iowa and the Iowa Department of Transportation assume no responsibility for damages to the permit holder's
property occasioned by anyconstruction or maintenance operations on said highway if permit holder has been notified in accordance
with stipulation number 4 above or if the facilities is not located in accordance with this permit.
6. The permit holder shall takeall reasonable precaution during the construction and maintenance of said installations to protect and
safeguard the lives and property of the traveling public and adjacent property owners.
7. The permit holder agrees to give the Iowa Department of Transportation forty-eight hours, notice of its intention to start
construction on the highway right-of-way. Said notice shall be made to the Engineer whose name is shown below.
8. The permit holderagteestoatall tim:.s give the Iowa Department of Transportation timely notice of intention to perform routine
maintenance within the right-of-way. Said notice shall be to the Engineer whose name is shown below.
9. The permit holder, and its contractors, shall carry on theconstruction or repair of the accommodated utility with serious regard to
the safety of the public. Traffic protection shall be in accordance with Part VI of the current Iowa Department of Transportation
Manual on Uniform Traffic Control Devin for Streets and Highways.
10. Flaggintioperations are the responsibility of the permit holder. The original placement of signs and removal on completion of the
work shall be accomplished by the permit holder.
11. Operations in the construction and maintenance of said utility installation shall be carried on in such a manner as to �39
minimum of interference to ordistmction of traffic nn uid hiphw,ty
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12. The permit holderthall be responsible forany damage that my result to mid highway because of the construction operation, or
maintenance of said utility, and shall reimburse she State of Iowa or the Iowa Department of Tmasportadonanyexpenditure that the
State of Iowa or the Iowa Department of Transportation may have to make on said highway bemuse of said Permit Holders s utility
having been constructed, operated, and maintained thereon.
13. The permit holdershall idemnify and save harmless the State of Iowa, and the Iowa Department of Transportation from anyand
all muses of action, suits at law or in equity, or losses, damages, claims, or demands, and from any and all liability and expense of
whatsoever nature for, on account of, or due to the acu or ommissions of said Permit holder's officers, members, agents, representa-
tives, contractors, employees or assigns arising out of or in connection with its (or their) use or occupancy of the public highway under
this permit.
14. Non-compliance with any of the terms of the Iowa Department of Transportation policy, permit, or agreement, may be
considered muse for shutdown of utility construction operations or withholding of relocation reimbursement until compliance is
assured, or revocation of the permit. The cost of any work caused to be performed by the State in removal of non -complying
construction will be assessed against the permit holder.
i
IS. A copy of the approved permit shall be available on the job site at all times for examination by Department of Transportation i
officials. !
16. This permit shall terminate 20 years from date of approval for gas and water mains outside thecorporate limits of a municipality
in accordance with the Code of Iowa, Chapter 320. Renewal may be requested.
17. The following special requirements will apply to this permit:
APPLICANT:
University of iOWIo..By
tw r
103 West Hurlinee St_. TBWA ri ty Da
Zowls 52242
APPROVAL OF CITY OR TOWN
(If proposed line is within an incorporated town or city, the Council of said town or city must grant approval for installation.)
.The undersigned city or townjoins the grants embodied in the above permit executed by the Iowa Department of Transportation
on condition that all of the covenants and undertakings therein running to the Iowa Department of Transportation shall insure to the
benefit of the undersigned city or town. The permit is approved by the below delegated city or town official.
By suomu. rw, Date
APPROVAL BY THE STATE FOR POLE LINE AND BURIED INSTALLATIONS
w.s... fe.w.n... ren... Dau
APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS
Recommended
Approved
O+ufn w.r.e ren.. u.
i
Notice of intention to run construction on the hiahmy riahbaf•way dull be mot to:
tape., ,MI.. T'k' Y
Notice of intention to ran maintenance on the h!sbmy rithtor-"y dull be sem to:
rami. Baer.. r.kvr.
f m,n r Ib errauuoa,Y M r,eauN I. ea i.r,euw.au',y�.nNe mf Yei..
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RESOLUTION NO. 85-179
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS
BETWEEN THE CITY OF IOWA CITY AND AGENCIES LEASING SPACE AT THE
SENIOR CENTER ON A REGULAR, PART-TIME BASIS.
WHEREAS, the City of Iowa City is operating a senior center for the benefit
of elderly residents of Johnson County; and
WHEREAS, agencies such as Community and Home Health Services Agency, Widowed
Persons Service, and the Department of Human Services offer services which
benefit the elderly; and
WHEREAS, the Senior Center Commission continually reviews and approves space
applications from such agencies serving the elderly for use of space at the
center on a regular, part-time basis. A form contract, as attached hereto
and incorporated by this reference, is used for the lease of space to such
agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the
City Manager is hereby authorized to execute all lease of space agreements
between the City of Iowa City and any agencies offering services to the
elderly at the Senior Center on a•regular, part-time basis.
It was moved by _Strait 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
_cx Strait
X Zuber
Passed and approved this lath day of June 1985.
/AYOR
ATTEST:
CIT CLERK
Received $ Approved
By Tho Legal Department
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LEASE OF SPACE AT SENIOR CENTER
THIS AGREEMENT, made and entered into this day of ,
F by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter
referred to as the City and here-
inafter referred to as Agency, whose address for the purpose of this agreement is
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WHEREAS, the Agency has applied for the use of space at the Iowa City Senior
Citizens Center on a scheduled, intermittent basis, and
WHEREAS, the Agency's application has been approved by the Senior Center Commis-
sion as having met the criteria for use of space as provided in Section 3.34 in
I the Senior Center Operational Handbook.
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NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND AGENCY AS FOLLOWS:
1. The City agrees to provide space to the Agency in the (room) on
the (floor) of the Iowa City Senior Citizens Center etween the
hours o a.m. and p.m. on
(days).
2. The term of this agreement shall be from July 1, 1985, to June 30, 1986.
However, this agreement may be terminated upon 30 days written notice by
either party hereto.
3. The Agency agrees to provide services or activities which benefit the elderly
and to meet the program guidelines as defined in Sections 3.31 and 3.32 of the
Senior Center Operational Handbook.
4. The lease of space as provided herein is for the mutual benefit of the City
and the Agency.
5. The Agency agrees to cooperate in data collection by filing with the Senior
Center staff a monthly report which shall include:
a) Monthly total of service units/activities provided.
b) Monthly total of elderly receiving service or participation in scheduled
activities.
6. The Agency agrees not to deny its services to any person on the basis of race,
creed, color, sex, national origin, religion, marital status, sexual orienta-
tion or physical or mental handicap or disability.
7. This agreement shall not be assigned without written consent of the parties
hereto.
8. The Agency agrees to defend, indemnify, and hold harmless the City of Iowa
City, Iowa, its officers, employees, and agents from any and all liability or
claims of damages arising under the terms of this agreement, including any
wrongdoings caused by the Agency employees or volunteers, including but not
limited to, injuries to persons or properties served by or coming into contact
with the Agency. The Agency agrees that it is not acting as an agent of the
City of Iowa City in the performance of the conditions set forth in this
agreement.
' 9. This agreement shall be filed with the City Clerk of the City.
` FOR THE CITY.OF IOWA CITY, IOWA: FOR
E
City Manager Name
ATTEST: ATTEST:
I
City Clerk Name
Roceh¢a1 $ Approved
8y T a Lwooal Departrrant /L
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RESOLUTION NO. 85-180
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE COMMUNITY AND HOME
HEALTH SERVICE AGENCY FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR
CENTER FOR AN ADULT DAY PROGRAM.
WHEREAS, the City of Iowa City is operating a Senior Center for the benefit
of elderly residents of Johnson County; and
WHEREAS, the City has negotiated an agreement with the Community and Home
Health Service Agency for lease of space at the Iowa City Senior Center for
the continuing provision of an adult day program, a copy of said contract
being attached to the Resolution and by this Resolution made a part hereof;
and
WHEREAS, the City Council deems it in the public interest to enter into said
contract to provide space, utilities and services at the Iowa City Senior
Center for the above-named agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The Mayor is hereby authorized to sign and the City Clerk to attest the
attached agreement between the City of Iowa City and the Community Home
Health Service Agency for lease of space at the Iowa City Senior Center for
an adult day program.
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 18th day of Jame 1985.
k4'
YOR
ATTEST: ,�j�21,rAoV 7i . 7ris.i.t�
CITY`CLERK
Received & Approved
sy T o Legal De ertmenl
6�
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CITY OF IOWA CITY/THE VISITING NURSE ASSOCIATION OF JOHNSON COUNPY
ADULT DAY PROGRAM AGREEMENT
This Agreement, made and entered into this 1Rth day of T m„ 1985,
by and between the City of Iowa City, Iowa, a municipal corporation,
hereinafter referred to as the City, and the Visiting Nurse Association of
Johnson County, hereinafter referred to as Agency;
Now, therefore, be it agreed by and between the City and the Agency as
follows:
I. Scope of Services
A. The City agrees to provide space, furnishings, janitorial serv-
ices, utilities, and use of specific equipment and services to the
Agency as set forth below.
II. General Terms
A. The City agrees to provide suitable classroom space on the 2nd
floor of the Senior Center to the Agency for the provision of an
adult day program for the elderly.' This space will be available
for use by said program on July 1, 1986 and continue until June
30, 1986, at which time the Senior Center Commission will re-
evaluate the success of the program using this space.
B. The City agrees to provide heating and cooling for these spaces at
a level deemed appropriate for older persons.
■
Page 2
C. The City agrees to provide regular janitorial service on a
schedule deemed appropriate by the Senior Center staff.
D. The City agrees to make available the services of the Senior
Center secretary or the phone answering device to accept calls to
the program on a limited basis.
E. The City agrees to treat in a confidential manner all participant
information that is jointly gathered.
F. The Agency agrees to provide services and activities which are
consistent with the purpose and goals of the Senior Center, such
services to include, but not be limited to, health education,
group counseling, social group activities, exercise and movement
therapy.
G. The Agency agrees to submit an annual report on services performed
by the agency.
H. The Agency agrees to submit an annual report of requests they have
received for services or activities which are not currently
provided in Iowa City.
I. The Agency agrees to cooperate in data collection. A monthly
report will be filed with the Senior Center staff to include:
1. Monthly total of service units/activities provided.
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C. The City agrees to provide regular janitorial service on a
schedule deemed appropriate by the Senior Center staff.
D. The City agrees to make available the services of the Senior
Center secretary or the phone answering device to accept calls to
the program on a limited basis.
E. The City agrees to treat in a confidential manner all participant
information that is jointly gathered.
F. The Agency agrees to provide services and activities which are
consistent with the purpose and goals of the Senior Center, such
services to include, but not be limited to, health education,
group counseling, social group activities, exercise and movement
therapy.
G. The Agency agrees to submit an annual report on services performed
by the agency.
H. The Agency agrees to submit an annual report of requests they have
received for services or activities which are not currently
provided in Iowa City.
I. The Agency agrees to cooperate in data collection. A monthly
report will be filed with the Senior Center staff to include:
1. Monthly total of service units/activities provided.
Page 3
2. Monthly total of elderly receiving service or participation in
scheduled activities (duplicated and unduplicated).
J. The Agency agrees to submit a 30 day written notice when program
changes are planned.
K. The Agency agrees that it shall be responsible for the supervision
of the Agency clients while they are participants in the Adult Day
Program at the Senior Center.
L. The Agency agrees to furnish all furniture and equipment needed
for staff and participants' use of this space.
M. The Agency agrees to pay for the installation and monthly cost of
a phone if it requests one.
III.Responsibility
A. The Agency agrees to defend, indemnify, and hold harmless the City
of Iowa City, Iowa, its officers, employees, and agents from any
and all liability or claims of damages arising under the terms of
this agreement, including any wrongdoings caused by Agency
employees or volunteers, including, but not limited to, injuries
to persons or properties services by or coming into contact with
the Agency. The Agency agrees that it is not acting as an agent
of the City in the performance of the conditions set forth in this
agreement.
T
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B. The Agency assumes financial responsibility for the maintenance of
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the present program including staff, supplies, transportation,
° h
pone and foods
j j
j C. The Agency assumes financial responsibility for the continuance of
said adult day program. i
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IV. Discrimination
The Agency agrees not to deny to any person its services on the basis
of race, creed, color, sex, national origin, religion, marital status,
_ 3
sexual orientation or disability.
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V. Assignment
A. This agreement may not be assigned without written consent of the
parties. it
B. No space may be reassigned to any other agency or organization. I ,
,
C. The parties understand that the City of Iowa City does not
directly provide service and that this agreement is solely for the
purpose of assigning space in the Senior Center facility for the
Agency to operate the adult day program. i
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VI. Insurance
The Agency shall maintain in full force and effect a comprehensive
liability insurance policy executed by a company authorized to do
business in the State of Iowa, in a form approved by the City
Manager. The minimum limits of such a policy shall be as follows:
Three hundred thousand dollars ($300,000) for personal injuries or
death, and fifty thousand dollars ($50,000) for property damage.
The failure of the Agency to maintain such a policy in full force and
effect shall constitute immediate termination of this agreement and
of all rights contained herein. The Agency shall furnish the City
with a certificate of such insurance upon request.
VII. Termination
This agreement shall become effective July 1, 1986 and shall terminate
June 30, 1986. However, this agreement may otherwise be terminated
upon 30 days written notice by either party.
VIII. The undersigned do hereby state that this agreement is executed in
triplicate as though each were an original, that there are no oral
agreements that have not been reduced in writing in the instrument,
and that this agreement constitutes the entire contract.
M/O
Page 6
FOR THE CITY OF IOWA CITY, IOWA:
0 —
ATTEST: fi7,2 Win.,.) ne.
MARIAN K RR, CITYLER
Rwdved & Approved
4BYTho
6 t Legal �eportmanf
FOR VISITING NURSE ASSOCIATION
OF JOHNSON COUNTY
TITL
ATTEST:
Mzz
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RESOLUTION NO. 85-181
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT.
WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the
Elderly Services Agency, a copy of said contract being attached to the
Resolution and by this reference made a part hereof, and
WHEREAS, the City Council deems it in the public interest to enter into
said contract to provide space, furnishings, equipment, utilities and
services at the Iowa City Senior Citizens Center for the above-named
agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
respectively to execute and to attest the agreement with the Elderly
Services Agency.
It was moved by Strait and seconded by Ambrisco the Resolu-
tion 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 18th day of June 1985.
YOR
ATTEST: ,/ �/
,,/in«!lam[, 'li. 7V1AA
CI CLERK
6teaelvod 8 Mppmvad
By The Lcsal Departw.nt
__�13_ 418E
1
CITY OF IOWA CITY/ELDERLY SERVICES AGENCY LEASE AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of - June 1985,
I
by and between the City of Iowa City, Iowa, a municipal corporation, herein-
after referred to as the City and the Elderly Services Agency of Johnson j.
I
County, Iowa, hereinafter referred to as ESA.
is
WHEREAS, ESA is a non-profit: corporation whose goal is to provide services to
the elderly; and I
WHEREAS, it is in the mutual interest of the City and ESA to attempt to meet
this goal at the Senior Center; and
WHEREAS, Resolution No. 78-142 establishes the City's intent to develop and
i
manage a multi-purpose Senior Center,
i
NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND ESA AS FOLLOWS:
I. SCOPE OF SERVICES
The City agrees to provide space, furnishings, janitorial services,
utilities, parking space and use of specific equipment and services to
ESA as set forth below. 1
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C II. GENERAL TERMS
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A. The City agrees to provide 705 square feet of space on the ground
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floor of the southwest corner of the Senior Center to ESA for its
use in the provision of services to the elderly of Johnson County.
! The City agrees to provide 145 square feet of space on the second
floor to ESA for its use in the provision of the Shared Housing
i
i Program.
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B. The City agrees to provide storage for chore equipment in the i I,
building known as "U -Smash -'Em" located at 126 South Gilbert Street
in Iowa City, Iowa. j
{
C. The City agrees to provide heating and cooling for the agency's
f( I
office space at a level deemed appropriate for older persons.
D. The City agrees to provide regular janitorial service on a schedule j
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deemed appropriate by the Senior Center staff.
E. The City agrees to supply the following furniture: five desks, one I
desk return, four desk chairs, one secretarial chair, two files, six
side chairs.
,
iF. The City agrees to make available the services of a xerox machine
and print shop at a nominal per copy cost to ESA.
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G. The City agrees to install a central telephone system which the
agency shall use. ESA agrees to pay for the installation of their
telephone line(s) and to pay the monthly charge for the line(s).
H. The City agrees to furnish refuse pickup on a regular basis.
I. The City agrees to treat in a confidential manner all participant
information that is jointly gathered.
J. ESA agrees to provide services which are consistent with the purpose
and goals of the Senior Center as delineated in the Senior Center
operational handbook, such services to include, but not be limited
to information and referral, outreach, advocacy, chore and respite
care service, and shared housing.
K. ESA agrees to submit an annual report on services performed by the
agency.
L. ESR agrees to submit an annual report of requests they have received
for services or activities which are not currently provided in Iowa
City.
M. ESA agrees to cooperate in the Senior Center data collection. A
monthly report will be filed with the staff to include:
1. Monthly total of service units/activities provided.
i
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2. Monthly total of elderly receiving service (duplicated and
unduplicated),
N. ESA agrees to inform the City at least 30 days in advance when
program changes are planned.
0. ESA agrees to accept the responsibility of opening, closing and
supervising the building when its staff occupies the offices at a
time when the Center is not open to the general public, and at such
times, ESA is not responsible for opening the building to the
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general public.
I
III. INDEMNIFICATION _
r
ESA agrees to defend, indemnify, and hold harmless the City of Iowa
City, Iowa, its officers, employees, and agents from any and all
liability or claims of damages arising under the terms of this agree- I ;
ment, including any wrongdoings caused by the ESA staff or volunteers,
including but not limited to, injuries to persons or properties served I
by or coming into contact with ESA. ESA agrees that it is not acting as
i
an agent of the City in the performance of the conditions set forth in
this agreement.
IV. DISCRIMINATION
I
A. ESA shall not permit any of the following practices:
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I. To discharge from employment or refuse to hire any individual
because of their rar creed, color, national origin, religion,
age, sex, marital status, sexual orientation, or disability.
2. 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.
B. ESA shall not deny to any person its services on the basis of race,
creed, color, sex, national origin, religion, marital status, sexual
orientation or disability.
V. INSURANCE
A. ESA shall maintain in full force and effect a comprehensive liabil-
ity insurance policy executed by a company authorized to do business
in the State of Iowa, in a form approved by the City Manager. The
minimum limits of such a policy shall be as follows:
three hundred thousand dollars ($300,000) for personal injuries or
death, and fifty thousand dollars ($50,000) for property damage.
The failure of the ESA to maintain such a policy in full force and
effect shall constitute immediate termination of this agreement and
of all rights contained herein.
ESA further agrees that each agent, employee and volunteer acting
for or on behalf of the ESA will carry personal auto liability
insurance. Copies of above said policies are to be furnished to the
City upon request.
VI. ASSIGNMENT
A. This agreement may not be assigned without written consent of the
parties.
B. No space may be reassigned to any other agency or organization.
VII. TERMINATION
This agreement shall become effective July 1, 19851 and shall terminate
June 30, 1986: However, this agreement may otherwise be terminated upon
30 days written notice by either party hereto in the event that there is
a material or substantial change in the ESR program as described in the
application for space in the Senior Center, or in the event of a
material or substantial breach by the City of its obligation to provide
services and space as specified under this agreement.
VIII. This agreement shall be filed with the City Clerk of Iowa City.
0-3
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ESA further agrees that each agent, employee and volunteer acting
for or on behalf of the ESA will carry personal auto liability
insurance. Copies of above said policies are to be furnished to the
City upon request.
VI. ASSIGNMENT
A. This agreement may not be assigned without written consent of the
parties.
B. No space may be reassigned to any other agency or organization.
VII. TERMINATION
This agreement shall become effective July 1, 19851 and shall terminate
June 30, 1986: However, this agreement may otherwise be terminated upon
30 days written notice by either party hereto in the event that there is
a material or substantial change in the ESR program as described in the
application for space in the Senior Center, or in the event of a
material or substantial breach by the City of its obligation to provide
services and space as specified under this agreement.
VIII. This agreement shall be filed with the City Clerk of Iowa City.
0-3
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IX. The undersigned do hereby state that this agreement is executed in
triplicate, as though each were an original, but there are no oral
agreements that have not been reduced in writing in the instrument; and
that this agreement constitutes the entire contract.
FOR THE CITY OF IOWA CITY, IOWA:
Li .
hn McDonald, Mayor
ATTEST:
MarioKarK r, City clerk
Roeolvad P. Approved
By The legal Departnenf
ATTEST:
/name /
Title
RESOLUTION NO. 85-182
RESOLUTION AUTHORIZING EXECUTION OF CONTRACT.
WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the
American Association of Retired Persons, a copy of said contract being
attached to the Resolution and by this reference made a part hereof, and
WHEREAS, the City Council deems it in the public interest to enter into
said contract to provide space, furnishings, equipment, utilities and
services at the Iowa City Senior Citizens Center for the above-named
agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
respectively to execute and to attest the agreement with the American
Association of Retired Persons.
It was moved by Strait and seconded by Ambrisco the Reso-
lution be adopte , 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 18th day of June 1985.
YO AAT,(TEST:
CI CLERK e.as i
Rocclved " R. 4"Provecl
BY Tho 1+e9a16Pe art_
Y
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CITY OF IOWA CITY/AMERICAN ASSOCIATION OF RETIRED PERSONS AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of June 1985
by and between the City of Iowa City, Iowa, a municipal corporation, herein,
after referred to as the City and the American Association of Retired Persons
Chapter 1816 of Johnson County, Iowa, hereinafter referred to as AARP.
WHEREAS, AARP is a non-profit corporation whose goals are to make the lives
of older people more pleasant, to help older people keep control of their
i
lives as long as possible, and to identify and seek solutions to problems not
being otherwise addressed; and
WHEREAS, it is in the mutual interest of the City and AARP to attempt to meet
such goals at the Senior Center; and
WHEREAS, Resolution No. 78-142 establishing the City's intent to develop and
manage a multi-purpose Senior Center specifically recognizes that "...Service
agencies are resources that might be involved in the projects and services of
a multi-purpose program."
NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND AARP AS FOLLOWS:
I. SCOPE OF SERVICES
The City agrees to provide space, furnishings, Janitorial services,
utilities, and use of specific equipment and services to AARP as set
forth below.
Pqq
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H. GENERAL TERMS
A. The City agrees to provide 168 square feet of space on the ground
floor of the Senior Center to AARP for its use in the provision of
education and community services to the elderly.
B. The City agrees to provide heating and cooling for this space at a
level deemed appropriate for older persons.
C. The City agrees to provide regular janitorial service on a schedule
deemed appropriate by the Senior Center staff.
B. The City agrees to supply the following furniture: one desk, one
desk chair, two side chairs.
E. The City agrees to make available the services of a xerox machine
and print shop at a nominal per copy cost to AARP.
F. The City agrees to Install a central telephone system which the
agency shall use.
G. The City agrees to make available the services of the Senior Center
secretary or the phone answering device to accept calls to the
organization on a limited basis when no AARP staff is present in the
office.
H. The City agrees to furnish refuse pickup on a regular basis.
I. The City agrees to treat in a confidential manner all participant
information that is jointly gathered.
J. AARP agrees to provide services and activities which are consistent
with the purpose and goals of the Senior Center, such services to
include, but not be limited to, tax aid, rent reimbursement informa-
tion, property tax credit information, peer counseling, medicare and
medigap assistance, volunteer training, driving education and
Institute of Lifetime Learning.
K. AARP agrees to staff their office with voluntgers a minimum of 30
hours per week.
L. AARP agrees to pay•for the installation of their telephone line(s)
and to pay the monthly charge for the line(s).
M. AARP agrees to submit an annual report on services performed by the
agency.
N. AARP agrees to submit an annual report of requests for services or
activities they have received which are not currently provided in
Iowa City.
0. AARP agrees to cooperate in data collection. A monthly report will
be filed with the staff to include:
3
I. The City agrees to treat in a confidential manner all participant
information that is jointly gathered.
J. AARP agrees to provide services and activities which are consistent
with the purpose and goals of the Senior Center, such services to
include, but not be limited to, tax aid, rent reimbursement informa-
tion, property tax credit information, peer counseling, medicare and
medigap assistance, volunteer training, driving education and
Institute of Lifetime Learning.
K. AARP agrees to staff their office with voluntgers a minimum of 30
hours per week.
L. AARP agrees to pay•for the installation of their telephone line(s)
and to pay the monthly charge for the line(s).
M. AARP agrees to submit an annual report on services performed by the
agency.
N. AARP agrees to submit an annual report of requests for services or
activities they have received which are not currently provided in
Iowa City.
0. AARP agrees to cooperate in data collection. A monthly report will
be filed with the staff to include:
4
1. Monthly total of service units/activities provided.
2. Monthly total of elderly receiving service or participation in
scheduled activities (duplicated and unduplicated counts).
P. AARP agrees to submit a 30 day written notice when program changes
are planned.
0. AARP agrees to accept the responsibility of opening, closing or
supervising the building when an AARP activity or service occurs at
a time the Center is not open to the general public.
III. INDEMNIFICATION
AARP agrees to defend, indemnify, and hold harmless the City of Iowa
City, Iowa, its officers, employees, and agents from any and all
liability or claims of damages arising under the terms of this agree-
ment, including any wrongdoings caused by the AARP volunteers, including
but not limited to, injuries to persons or properties served by or
caning into contact with AARP. AARP agrees that it is not acting as an
agent of the City of Iowa City in the performance of the conditions set
forth in this agreement.
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IV. DISCRIMINATION
AARP agrees not to deny to any person its services on the basis of race,
creed, color, sex, national origin, religion, marital status, sexual
orientation or disability.
V. INSURANCE
A. AARP shall maintain in full force and effect a comprehensive liabil-
ity insurance policy executed by a company authorized to do business
in the State of Iowa, in a form approved by the City Manager. The
minimum limits of such a policy shall be as follows: Three hundred
thousand dollars ($300,0000) for personal injuries or death, and
fifty thousand (=50,000) for property damage. AARP shall furnish
the City with a certificate of such insurance upon request.
The failure of the AARP to maintain such a policy in full force and
effect shall constitute immediate termination of this agreement and
of all rights contained herein.
VI. ASSIGNMENT
A. This agreement may not be assigned without written consent of the
parties.
B. No space may be reassigned to any other -agency or organization.
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VII. TERMINATION
This agreement shall become effective July 1, 1985, and shall terminate
June 30, 1986. However, this agreement may otherwise be terminated upon
30 days written notice by either party in the event that there is a
material or substantial change in the AARP program as outlined in the
application for space in the Senior Center.
VIII. This agreement shall be filed with the City Clerk of Iowa City.
IX. The undersigned do hereby state that this agreement is executed in
triplicate, as though each were an original, that there are no oral
agreements that have not been reduced in writing in the instrument; and
that this agreement constitutes the entire contract.
FOR THE CITY OF IOWA CITY, IOWA:
knc ona Ana.
ATTEST:
ar'ian K. Karr, i y C erc
FOR AARP OF JOHNSON COUNTY:
ryaJnpa U V
Title
ATTEST:
G -
Name/
! I
Rocolvod R Aaprrvod
By The LovallDepartnwnt
A
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RESOLUTION NO. 8S-183
RESOLUTION ACCEPTINGIm 1vORK FOR THE SANITARY SEIVER
FOR liUYMRS RUN SUBDIVISION, PARTS 2 AND 3
WHEREAS, the Engineering Division has certified that the following
improvements have been completed in accordance with the plans and
specifications of the City of Iowa City,
Sanitary sewer for Bunters Run Subdivision, Parts 2 and 3,
as constructed by Knowling Brothers Construction of Iowa
City, Iowa
AND WHEREAS, maintenance bonds have been filed in the City Clerk's
office,
NOW THEREFORE BE IT RESOLVED by the City Council of -Iowa City, Iowa,
that said improvements be accepted by the City of Iowa City.
It was moved by Strait and seconded by
that the resolution as read e�adopt , and upon roll ca t ere were:
I
AYES: NAYS: ABSENT:
x r co
Bake
x Baker 1
x Dickson
x Erdahl
x McDonald
x Strait
x Zuber
Passed and approved this 18th day of June 19 85 .
MAYOR
Received & Approves
By The Legal Department
ATTEST: ',,.., .� -r(����J �� `
CITY CLERK
CITY OF IOWA CITY
- CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-50130
I
ENGINEER'S REPORT
Honorable Mayor $ City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed below
have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City.
The required maintenance bond is on file in the City Clerk's office.
Sanitary sewer for Hunters Run Subdivision, Parts 2 $ 3,
as constructed by Knowling Brothers Construction of Iowa
City, Iowa.
I hereby recommend that the above-mentioned improvements be accepted by
the City of Iowa City.
Respectfully submitted,
Frank K. Farmer
City Engineer
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RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT AND PLANNED DEVELOPMENT
HOUSING PLAN (PDH) OF VISTA PARK VILLAGE, IOWA CITY, JOHNSON
COUNTY, IOWA.
WHEREAS, the owner, Hallmark Homes, Inc., has filed with the City Clerk of
Iowa City, Iowa, an application for approval of the preliminary plat/plan ,
of Vista Park Village; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary plat/plan and have
recommended approval of the same; and
WHEREAS, the said preliminary plat/plan has been examined by the Planning
and Zoning Commission and after due deliberation said Commission has rec-
ommended that the plat/plan be accepted and approved; and
WHEREAS, said preliminary plat/plan is found to conform with all of the j
requirements of the city ordinances of the City of Iowa City, Iowa. f
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That said plat/plan is hereby approved.
2. That variations from the requirements of the underlying RS -5 zone have
been approved as part of this plat/plan. The variations permit:
A) A density trade-off, whereby two areas designated as common open
space are provided for the benefit of the residents within the de-
velopment in order to decrease individual lot sizes;
B) Reductions in the pavement and right-of-way dimension in order to
sustain the objective of this development for affordable housing
and still provide a safe and efficient street system;
C) Modification of setbacks to permit a zero lot line setback along
one side of each residence and reduced front yard setback so as to
provide more useable private open space on each lot; and
D) Modification of the Zoning Ordinance requirements so as to permit
a 2' 6" overhang along the zero lot line portion of each resi-
dence.
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Resolution No.
Page 2
It was moved by and seconded by
the Resolution be adopted, and i;pon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
Passed and approved this day of , 1985.
ATTEST:
CITY CLERK
MAYOR
Realved s Approved
By The Legal Deportment
Ile S/17/fi_
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314 West Benton Street
Iowa City, Iowa 52240
June 12, 1985
To:
Mayor and City Council Members of Iowa City, Iowa
John McDonald
William Ambrisco
harry Baker
Kate Dickson
Clemens Erdahl
George Strait
Ernest Zuber
Civic Center
Iowa City, Iowa 52240
Dear Council Members:
This is written in regard to the Villa Park Planned Housing Develop-
ment. Because I will not be able to attend the public hearing on
the matter on June 18, I am using this letter to express my objec-
tion to the development as now planned.
My objections relate to the following:
1. The reduction in land area per dwelling unit is made to ap-
pear reasonable by drastically reducing street right-of-way.
A right-of-way 50 feet wide is often used and the proposed one
is Bnly 25-feet.
2. The proposed zero lot line arrangement for a single dwelling
with roof overhang over the adjacent lot violates common law
in regard to drainage off the roofs. It seems to be dumping
the water uphill, also, there is the problem of property rights
relative to a structure overhanging another parcel of land.
The roofs may overhang 2J feet onto adjoining property.
3. Maintenance of one of the units, such as painting and placing
downspouts, can only be accomplished by working off of the
neighbor's property. Even if an arrangement can be made for
legal rights to maintain such as painting, one can forsee neigh-
bor problems such as trampling on a neighbor's lawn and shrubs
while doing house maintetance.
4. For safety, sidewalks should be on both sides of the street
because in the narrow street right-of-way visibility is reduced.
It is my opinion that the Villa Park development as now planned,
should not be approved by the City Council.
Sincerely yours,
J. Merle Trummel
JUN 13 loar.
JMT/et MARIAN K. KARR
CITY CLERIC (1)
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ADDENDUM TO 4-18-85
PLA14NING AND ZONING
COMMISSION PACKET.
STAFF REPORT
To: Planning 8 Zoning Commission Prepared by: Barry Beagle
Item: S-8504. Vista Park Village Hearing date: April 18, 1985
GENERAL INFORMATION
Applicant:
Requested action:
Purp,)se:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan (short-range):
Applicable regulations:
45 -day limitation period:
Hallmark Homes, Inc.
P.O. Box 2888
Iowa City, Iowa 52244
351-3506
1) Preliminary plat approval, and
2) Planned development housing
overlay (OPD -H) zoning and
plan approval.
To establish a 30 lot sin-
gle-family subdivision known as
"Vista Park Village."
A tract of land lying between
Scott Boulevard and Peterson
Street, one-eighth mile south of
Court Street. (See location
map.)
6.46 acres.
Undeveloped and zoned RS -5. (5
OU's/acre)
North - multi -family residential
(Shamrock Place) and
PDH -8.
South - undeveloped and RS -5.
East - undeveloped and P.
West - single-family residential
and RS -5.
Residential, 2-8 DU/acre.
Section 36-47, Planned Develop-
ment Housing Overlay Zone;
Chapter 32, Subdivision Regula-
tions; and Division 4, Chapter
33, Storm Water Runoff Code.
April 20, 1985.
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SPECIAL INFORMATION
Public utilities:
Public services:
Transportation:
Physical Characteristics:
STAFF ANALYSIS
Adequate water and sewer service
will be provided.
Sanitation service and police and
fire protection are available.
Access to the site will be
provided from Peterson Street
which is a two-lane local street.
Presently Peterson Street is
barricaded at Shamrock Drive and
is proposed to be extended south
to gain access to the develop-
ment.
Topographically, the site is
moderately sloping, draining to
the south into the south branch
of Ralston Creek. The applicant
does propose to recontour the
site to make it more suitable for
residential development. Vegeta-
tion presently consists of native
grasses.
Loren Hershberger, President of Hallmark Homes, Inc., is seeking preliminary
plat/OPD-H zoning approval to establish a 30 -lot private residential subdivi-
sion to be known as Vista Park Village. As specified in Section 36-47 of the
Zoning Ordinance, OPD -H zoning provides for the development of a tract of
land which may vary from the requirements of the particular zone in which the
tract of land is located. In this case, the property is presently zoned RS -5
which sets the minimum lot area requirement of 8,000 square feet. OPD -H
zoning permits variations in building setbacks and lot area requirements
provided, "the overall dwelling unit density (total land area minus street
right-of-way area) within the planned development" does not exceed the
maximum number of dwelling units allowed under the present zoning district.
In this case, the total number of dwelling units permitted for this site
based upon the project design is 30. (Total land area, 281,147 square feet
minus dedications and area of private streets, 247,985 square feet. 247,985
square feet a 8,000 square feet = 30.9 or 30 dwelling units.)
OPO -H zoning permits the developer to utilize varied housing types (i.e.
townhouses, apartments, single-family detached residences, etc.) provided
maximum permitted density is not exceeded.
The site is located in a residential area at the eastern boundary of the
city. The general character of the immediate area is a mix of low-density
single-family residential and low-density multi -family residential. Shamrock
Place, which is an Iowa City public housing project, immediately north of the
site, consists of duplexes and triplexes. Other properties within the
vicinity of this site are also zoned for multi -family residential development
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but are currently undeveloped. These properties are mostly concentrated at
the intersection of Court Street and Peterson Street. Properties immediately
west of the proposed development are single-family residential.
The 1983 Comprehensive Plan Update shows the site as being within the Phase
III area (1993-1998) of the short-range development sequence plan for
residential growth. Phase III "encompasses those areas where development is
dependent upon construction of the Water Pollution Control Plant or some
a perm 1ve solution to the City's sewer capacity problems" are found.
Currently, this portion of the city is under a development moratorium until
the issue of adequate sewer capacity is resolved. The City Council, however,
has indicated that they will suspend the moratorium as of May 1985.
An analysis of support services to the site is as follows. Primary access to
the site is to be provided by the extension of Peterson Street which is
currently barricaded at Shamrock Drive and Arbor Drive. Peterson Street
south of Shamrock Drive is undeveloped, rendering the site inaccessible at
this time. As a condition of project approval, the applicant is proposing to
extend Peterson Street south of Shamrock Drive to the Arbor Street intersec-
tion at which point access is provided into the development. The applicant
is also proposing to vacate the eastern one-half (25 feet) of Peterson Street
south of Arbor Drive and include that land area as part of the development.
Water service will be provided by the extension of a six inch water line into I j
the development from an existing 12 inch line along Peterson Street. A
private stormwater collection system is proposed which wi.11 connect into an I
existing storm sewer on the east side of Scott Boulevard. Sanitary sewers
.
will connect to an existing ten inch sanitary sewer line which runs along
Peterson Street. The Engineering Department has indicated that these
utilities appear to be adequate to sustain the type of development which is
being proposed.
Project Design:
The applicant is proposing the development of a 30 -lot conventional sin-
gle-family detached residential subdivision. It is conventional by design in
the fact that each single-family dwelling unit is situated on its own private
lot. Vista Park Village will consist of private streets and common open
space which will become the responsibility of the Homeowners Association.
Mr. Hershberger indicates that the project's design as a single-family
detached subdivision was predicated on market demand. It is his attempt to
provide affordable housing within a single-family detached neighborhood to
primarily serve first time home buyers. Individual dwelling units will range
from 900 to 1,000 square feet, excluding the single car attached garage, and
sell for approximately $55,000. Lots average 8,266 square feet in size not
deleting the area of the street from the subdivision. Other features of the
development include common open space and private streets. Common open space
will be provided at two places within the development; one is a triangular
shaped lot located at the southern end of the development, the other being a
"tot -lot" size partially located within the development. The total combined
square footage of both parcels is approximately 41,000 square feet. A
private looped street is proposed having a right-of-way width of 50 feet and
a pavement width of 25 feet. After review by the Engineering Department, it
was agreed that it would be permissible to allow parking along one side of
the street. Parking along one side of the street should not interfere with
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the movement of traffic along the street and still provide two lanes of
traffic. The street will have a minimum surface of six inch Portland
concrete cement. Current public road standards require seven inches. As an
OPD -H development the applicant has the ability to propose private streets.
Staff Comments:
Staff in its review of the proposed preliminary plat/PAD plan found it to be
in substantial compliance with the requirements of the subdivision regula-
tions and OPO -H zone. Based upon the project design, staff feels certain
design issues need to be addressed by the Planning and Zoning Commission.
These are as follows:
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1. Vegetative Buffer: Scott Boulevard is a major arterial street and will
eventually serve as a transportation link between BDI Industrial Park to
the south and Interstate 80. As such a vegetative buffer, or other
alternative, is needed to mitigate the negative impacts associated with
heavy vehicular traffic along Scott Boulevard from those homes that come
back on to that street.
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2. Proposed Intersection: The Engineering Department has expressed a
concern with regard to the proposed intersection of the private access
drive into the development with Peterson Street. The Engineering staff
feels a T -intersection is more appropriate and will minimize potential
traffic conflicts at the intersection of Peterson, Arbor and the private
access drives.
3. Common Open Space: The 41,000 square feet of area designated as common
open space represents land which was left over after allocation of
streets and home sites. As such, these small parcels are not accessible
to the majority of residents within the development and could potentially
result in them not being used or maintained. In addition, the smaller
"tot lot" sized lot within this subdivision could create a nuisance
factor for surrounding homes which will be subjected to the noise that
could potentially be produced by children playing in such a small area.
It is staff's suggestion that the smaller tot sized lot be converted into
ia residential home site.
4. Parking: Due to the small lot sizes, the area for parking automobiles in
the front of the garage is extremely limited. With a wider driveway and
a 25 foot paved street it was felt that parking provided along one side
of the street would be adequate. So as to indicate that on -street
parking is being provided, staff recommends that the parking arrangement
be identified on the plan and that it be stipulated that parking is only
permitted along one side of the street.
4 5. Street standards: A conflict may exist if City services are provided to
this development and adequate construction standards are not given proper
consideration in the design of the private street. As such, it is
staff's recommendation that the 6" P.C.C. surface be accepted, however,
that the subgrade material and standards as required for public works
construction also be required for the private street and be so noted on
the plan.
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6. Housing design: The applicant has submitted a house elevation and
interior floor plan which is not consistent with the size or type of
homes identified on the plan. At least 5 or 6 different housing patterns
are identified on the plan and therefore elevations to these structures
and interior floor plans should be provided. This provision is in
accordance with requirements of the Zoning Ordinance.
STAFF RECOMMENDATION
Based on the above deficiencies and discrepancies, it is staff's recommenda-
tion that this item be deferred with the applicant being directed to submit a
revised plan addressing these concerns.
ATTACHMENTS
1. Location map.
2. Preliminary plat and P.A.D. Plan.
3. House elevation.
Approved bSD04nad
hmeiser, Director
Department of Planning
and Program Development
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VISTA PARK VILLAGE
City of Iowa City
MEMORANDUM
Date: April 26, 1985
To: Pla4nining Commission
From: DonDirector of Planning & Program Development
Re: PubPrivate Drives Within Vista Park Village
The purpose of this memorandum is to review the possible differences as well
as advantages and/or disadvantages of a private versus public road system
within Vista Park Village. A concern has been expressed by staff and the
Commission with regard to the use of private drives. The applicant chose to
use a private drive incorporating flexible design techniques as a means of
lowering development costs. This is consistent with the applicant's princi-
pal objective of providing affordable housing primarily oriented to first-
time home buyers.
The primary disadvantage of private drives is that they are often improperly
maintained due to an ineffective home owner's association resulting in the
residents requesting City acceptance of their dedication for street mainte-
nance. There is no guaranteed way to protect the interests of property owners
within a private road subdivision. Especially within single-family subdivi-
sions, the cost per unit to properly maintain and repair, residential streets
per dwelling unit can be high. Many potential home buyers are unaware of
these costs when they buy into a private road subdivision. These property
owners also expect the same level of service for services such as snow
removal, etc., as could be provided by the City for other homeowners with
lots on public streets.
The staff agrees that to adequately meet present and future needs of this
development, the streets 'should be public streets. We diverge, however, with
respect to the appropriate standards which should be applied and the legiti-
macy of providing affordable housing. The Public Works Department feels
strongly that the City standards for strets (presented below in Alternative
1) should not be varied for a development which we cannot guarantee will be
"affordable" housing. In addition, Public Works is concerned with the
utility of a 25 foot wide street for snow removal and garbage pickup if
parking is permitted on one side and with the need to have sidewalks on both
sides of the street.
The Planning staff is of the opinion that the provision of affordable new
housing stock is a legitimate concern, consistent with Section 32-7(c) of the
Subdivision Regulations which provides a mechanism for design flexibility. It
states "This chapter shall not preclude the approval of ... subdivision
designs of an unusual type, if, in the opinion of the Planning and Zoning
Cmission, the general and aesthetic merit, the preservation of natural and
topographical features, and the prospective enhancement of the community
would warrant waiving of technical requirements as set forth in Article III
of this chapter.' The Planning and Zoning Commission can consider and
recommend alternative street designs which vary from the conventional public
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road standards but serve the legitimate objective (affordable housing) of the
development. Generally, any modified subdivision proposal which will inure
to the benefit to Iowa City and its residents and will not be a detriment to
surrounding properties will be viewed as a legitimate proposal.
Presented below are alternative methods of providing public streets within
Vista Park Village and their relationship to meeting the objectives of
affordable housing and an adequate street system.
Desion Alternatives
With each of the following alternatives, the minimum public road construction
standards consisting of a seven inch P.C.C. top is assumed. Due to the
modified street design concept, concern was expressed with regard to the
provision of sidewalks, a minimum pavement width of 25 feet for safe and
efficient movement of traffic and on -street parking. Each of these concerns
will be evaluated with each design alternative along with how the design may
otherwise affect this subdivision.
ALTERNATIVE H1: Conventional public street
A conventional local residential street has the following minimum design
features:
Minimum right-of-way width:
Minimum pavement width:
Minimum lane width:
Sidewalk setback from curb line:
Sidewalk width:
Sidewalk setback from property line:
Number of sidewalks required:
50 feet
28 feet (back to back of curb)
8 feet
6 feet*
4 feet*
1 foot*
1 on each side of street
Issues: A conventional street would, because of the right-of-way width
requirement, reduce the maximum number of homes allowed in the subdivision.
Based upon the existing street pattern, a 50 foot wide right-of-way would
take up approximately 66,750 square feet, reducing the maximum number of
homes to 26. The current design proposal provides for 30 dwelling units. A
conventional street would assure that the minimum street improvements are
Installed, but, because of area consumed in right-of-way, would be contrary
to the objective of minimizing costs to provide affordable housing since
fewer homes could be constructed.
*For any other alternative which proposes the use of sidewalks, this standard
is assumed, except that the setback from the property line may be from an
easement line.
ALTERNATIVE N2: Same as A1, but, with a 25 foot minimum pavement width.
Issues: This would result in a design better suited to the compact nature of
this development resulting in greater cost savings but would still reduce the
maximum number of dwelling units allowed because of the area consumed by the
dedicated right-of-way. The best way to reduce per unit (lot) costs is to
try and achieve the maximum permitted density for which the cost of street
improvements is spread over a greater number of homes.
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ALTERNATIVE N3: 25 foot dedicated street centered within a 50 foot utility
easemen 7no provision for sidewalks.
Issue: This is the current design concept proposed by the applicant, except
as a private street. Since the only portion of the street to be dedicated
would be the 25 foot pavement, up to 30 homes could be constructed within the
subdivision. (Only the area dedicated as street right-of-way must be deleted
before making density calculations.) This proposal, however, does not
provide for sidewalks as requested by the Commission. This proposal would
meet the developer's objectives of minimizing street costs but does not
accommodate pedestrian traffic.
ALTERNATIVE d4: 25 foot dedicated street centered within a 50 foot utility
easement with provision made for sidewalks.
Issue: This alternative would not only appear to satisfy the applicant's
objectives of minimizing street costs but would also provide for all the
necessary improvements as requested by staff and the Planning and Zoning
Commission. Again, up to 30 homes could be constructed within the develop-
ment and the sidewalks would adequately provide for the safe and efficient
movement of pedestrian traffic into and out of the subdivision.
The Public Works staff suggests Alternative H1, utilizing full City stan-
dards. The Planning staff suggests that Alternative M4 be accepted. Should
the Planning and Zoning Commission choose an alternative utilizing abutting
utility easements, it is recognized that at the time of final plat/PDH plan
approval, a proper agreement will need to be submitted granting to the City
as well as utility providers within Iowa City the opportunity to have access
to these areas for utility and. street maintenance.
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City o? Iowa City
MEMORANDUM
Date: June 13, 1985
To: City Council
From: Barry Beagle, Associate Planner i
Re: Summary Report of the Vista Park Village
A Summary Report, prepared by the Planning & Zoning Commission is attached
which delineates the Commission's recommendations and rationale regarding
the Vista Park Village subdivision proposal. An issue to be resolved by
the City Council is the method for financing the extension of Peterson
Street which will serve as the primary access into the subdivision. By a
unanimous vote, the Comnission recommended that the "City pick up the cost
of paving Peterson Street, with the developer paying his normal assessment
cost."
Three methods of paying for public improvements to serve new developments
were discussed by the Commission, .and include: payment through special
assessment; payment in full by the City; and, payment in full by the
applicant. Staff researched past City Council actions regarding extension
of public services to new projects, and, found in each case that the cost
for such extension was required to be borne by the developer.
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Enclosure
SUMMARY REPORT
May 30, 985
TO: City Council
From: Planning & Zoning Commission
Item: Application No. S-8504: Vista Park Village
APPLICATION INFORMATION
Applicant: Hallmark Homes, Inc.
Request: Preliminary OPD -H (PDH -5) plan approval.
Location: Between Peterson Street and Scott Boulevard south of
Court Street.
Existing Zoning: RS -5, low density single-family residential zone.
Proposal: To establish a 30 -lot single-family detached residen-
tial subdivision utilizing modified design techniques
to promote affordable housing. Primary features
include zero lot -line setbacks, reduced front yard
setbacks, reduced lot area requirements, reduced
pavement and right-of-way widths and provision of
private common open space.
PLANNING AND ZONING COMMISSION RECOMMENDATION—
Date of Recommendation: May 2, 1985
Recommendation: Approval
Recommended Variations and Rationale: In recommending in favor of this
request, the Commission found the following variances from the applicable
provisions of the zoning and subdivision ordinances to be appropriate:
1. Dimensional Requirements:
A. Reduced minimum lot area: Individual lot sizes below the 8,000 square
foot requirement of the RS -5 zone were approved in order to achieve the
maximum permitted density. As a density trade-off, two areas designated
as common open space were provided for the residents to compensate for
reduced lot sizes.
The Commission found the proposed number of dwelling units to not
exceed the maximum permitted density of the subdivision by zoning.
Decreased lot sizes allow the maximum number of Permitted lots to be
realized, reducing per unit costs consistent with the objective to
provide affordable housing. Also, the corresponding decrease in private
open space is compensated by common open space for the use and enjoy-
ment of all residents within the subdivision. The Commission also
found that the resulting lot sizes and layout would not adversely
affect the use and enjoyment of surrounding residential properties.
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B. Reduced minimum yards: Modification of setbacks to permit a zero
lot -line setback along one side of each residence and reduced front
yard setbacks.
The Commission finds the reduction in setbacks will provide more
useable private open space on each lot than if developed as a conven-
tional subdivision. If developed as a conventional subdivision, five
foot side yards would be required resulting in less usable private open
space than if developed with zero lot -lines with 20 feet of space
between dwellings.
Although front yard setbacks have been reduced there is at least 20
feet between the garages and the curb or sidewalk to permit the parking
of one vehicle outside the garage.
2. Standards and Specifications of Streets:
A. Reduced pavement and right-of-way width requirements: Reductions in
pavement and right-of-way width were recommended. The pavement width of
the interior looped public street would be reduced from 28 feet to 25
feet back of curb to back of curb. The amount of public street
dedication would be reduced to that of the 25 foot street, but, a
perpetual 50 foot utility and road maintenance easement would cover the
street and be granted to the City and the utility providers.
The Commission found that a 25 foot wide street within a small,
non -through street subdivision would adequately provide for the safe
and efficient movement of vehicular traffic within the subdivision and
also provide for parking along one side of the street. A 25 foot
street is consistent with similar residential streets in the Court Hill
Addition immediately to the west. Also, reducing the dedicated
right-of-way requirements to that of a 25 foot paved street, would also
decrease the amount of area to be subtracted from the total area before
making density calculations. This permits more area to be considered
for residential development, allows the total cost of development to be
distributed to more units and reduces initial construction costs
consistent with the objective to provide affordable housing.
The reductions were reached as a compromise with the applicant agreeing
to dedicate the street to the public to assure continued maintenance
and the streets would be accessible for emergency services.
B. Sidewalks: Commission recommended that a sidewalk be provided along
only one side of the street.
The Commission felt that a single sidewalk as designed provided optimum
usage for the entire development and would provide for the safe
movement of pedestrian traffic within a non -through street subdivision.
A single sidewalk would also serve to promote the objective of this
development to provide affordable housing by reducing initial develop-
ment costs without sacrificing public safety within a closed street
subdivision. In addition, the availability of common open space within
the subdivision would serve as an alternative to the use of sidewalks
by children for play areas.
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3: Parking:
In addition to the two required parking spaces per sin
an additional 36 parking spaces will be rovided 1
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gle-family residence,
p a ong one side of the
street. The Commission felt that the additional on -street parking would be
needed to accommodate families with more than two vehicles since private
lot area within the front yard will be limited due to smaller lot
frontages.
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RESOLUTION NO. 85-184
RESOLUTION EXTENDING THE TERM OF THE
URBAN ENVIRONMENT AD HOC COMMITTEE THROUGH JULY 1, 1986
WHEREAS, on March 27, 1984, the City Council of Iowa City established the
Urban Environment Ad Hoc Committee by Resolution No. 84-59; and
WHEREAS, said Committee was charged with various duties including recom-
mendations to the Council regarding policies for protecting fragile areas
and historic sites, and other policies relating to the urban environment,
as well as assisting the Planning and Zoning Commission or other appropri-
ate Board or Commission in developing appropriate standards for protecting
fragile areas and implementing other policies recommended by this Commit-
tee and approved by the City Council; and
WHEREAS, the City Council has approved the policies recommended by the
Committee; and
WHEREAS, said Committee cannot complete the tasks of referring and
assisting with the implementation of said policies by July 1, 1985, the
date for termination of said Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the
Urban Environment Ad Hoc Committee shall continue its activities through
July 1, 1986.
It was moved by Erdahl 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 1Rth da of .Tune , 1985.
AYOR
ATTEST: l2 J -A"I �n
CIT CLERK
Received 8: Approved
Legal De a menl
Al
RESOLUTION NO. 85-185
RESOLUTION REQUESTING THE IOWA DEPARTMENT OF TRANSPORTATION TO
PETITION THE CITY OF IOWA CITY FOR VOLUNTARY ANNEXATION OF CERTAIN
PROPERTY WHICH IS PART OF IOWA PRIMARY HIGHWAY NO. 1 RIGHT-OF-WAY
LOCATED NORTHEAST OF MORMON TREK BOULEVARD
WHEREAS, the City of Iowa City in accordance with its short and long-range
Comprehensive Plan wishes to complete the annexation of property between
Highway 1 and the existing city limits east of Mormon Trek Boulevard; and
WHEREAS, a portion of said property to be annexed as shown in Exhibit A
attached hereto, is owned by the State of Iowa, and is part of the
right-of-way of Iowa Primary Highway No. 1; and
WHEREAS, in accordance with Chapter 368 of the Iowa Code the policies of
the Iowa Department of Transportation require a city to approve by
resolution a request to the Iowa Department of Transportation to petition
for voluntary annexation to said city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the City requests the Iowa Department of Transportation to
petition for voluntary annexation to the City of Iowa City of the
property described in Exhibit A.
2. That the Mayor is authorized to sign and the City Clerk to attest this
resolution.
It was moved by Erdahl and seconded by Strait
the Resolution be adopted, an upon ro7T call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
x Dickson
X Erdahl
X McDonald
X Strait
x Zuber
Passed and approved this 18th ;daygf June , 1985.
ATTEST:
CITY CLERK
:Lnrf1'nG aF dt�Vv�d
1Si It; �l Ge rhrun1
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City of Iowa City
MEMORANDUM
Date: June 11, 1985
To: City Council
From: Marianne Milkman, Associate Planner rh(
Re: Voluntary Annexation of Property Northeast of Highway 1 at the
Southern City Limits
The attached location map shows the tract which the City is proposing to
annex voluntarily. This annexation is being initiated for a number of
reasons. One of the property owners on Willow Creek Drive has requested
annexation in order to hook onto the city sewer, since the Johnson County
Department of Health has informed him that his existing septic system is
inadequate. Other property owners in the tract to be annexed relocated to
this location during urban renewal and agreed at that time to petition for
voluntary annexation at such a time as the City wished to annex the property.
Finally, annexation of this property is consistent with the short- and
long-range Comprehensive Plan for the City and will complete the annexation
of land east of Mormon Trek Boulevard and north of Highway 1.
The Iowa Department of Transportation (IDOT) owns one of the properties to be
annexed, and the attached resolution is required to enable IDOT to petition
the City for voluntary annexation.
bdw2/5
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RESOLUTION NO. 85-186
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONfRACr, AND
ESTIMATE OF COST FOR TIS CONSTRUCTION OF THE BURLINGTON STREET BRIDGE
RECONSTRUCTION PROJECT AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS
MEREAS, 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.
IOIYA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF I014A CITY,
1. 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 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.
It was moved by Erdahl and seconded by Strait
that the resolution as read e adopted ,and upon roll call there were:
AYES: NAYS: ABSENT: t
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x _ Ambrisco 1
x Baker ;
x Dickson
x Erdahl i f.
x McDonald
x Strait
x Zuber
Passed and approved this 18th day of June 1985, i
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MAYUH
ATTEST: Jh" V
CI7' CL RK Received G ApPIOVC;.
By Tbqlegal epartment
6 �
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RESOLUTION NO.
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF 77iE SIDEIVALK ASSESS615Yr PROJECT - FY86
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT G CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE F RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specificati ns, form of contract,
and estimate of cost for the construction of the above-named p ject was published as
required by law, and the hearing thereon held.
NOW, THEREF $E, BE IT RESOLVED BY THE COUNCIL OF THE ITY OF IOWA CITY, IOWA:
1. That the plans, specifications, form of contra t, and estimate of cost for
the construction of the above-named project are hereb approved.
2. That the amoun\of bid security to accompa y each bid for the construction
of the above-named project' \\sha11 be in the amount f 10% of bid payable to
Treasurer, City of Iowa Citlj, Iowa.
3. That the City Clerk isohereby authori ed and directed to publish notice for
the receipt of bids for the construction of t e above-named project in a newspaper
published at least once weekly ani having a eneral circulation in the city not less
than four (4) nor more than twenty( 0) day before the date established for the
receipt of bids.
4. That bids for the construction f the above-named project are to be received
by the City of Iowa City, Iowa, at the f 'ce of the City Clerk, at the Civic Center,
until 10:00 on the 9th day o Jul19 85. Thereafter, the
bids w e opene y the City ng der or s es gnee, an thereupon referred to
the Council of the City of Iowa City, Iowa, fo action upon said bids at its next
meeting to be held at the Council C ambers, Civi Center, Iowa City, Iowa, at 7:30 p.m.
on the 16thday of Jul 19 85.
It was moved by and seconded that the
resolution as read be adopted, n upon roll call ther were:
AYES: NAYS: ABSENT:
— I i
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Passed and approve this _ day of June 1 85.
f
MAYOR
ATTEST:
CITY CLERK
Received & kpl..;%:..
By The Legal D palimeint
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, 1985
The City Council of Iowa City, Iowa, met inar
session, in the Council Chambers, Civic Center, 4-1102q!
Washington St., Iowa City, Iowa, at •yam_ o'clock on
the above date. There were present Mayor McDonald ,
in the chair, and the following named Council Members:
—Ambrisco. Baker. Brdahl McDonald Strait
Absent: Dickson. Zuber
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AHLERS• COONEY, OORWEILER. HAYNIE. SMITH a ALLaEE. LAWYERS, DES MOINES. IOWA
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, 1985
The City Council of Iowa City, Iowa, met inar
session, in the Council Chambers, Civic Center, 4-1102q!
Washington St., Iowa City, Iowa, at •yam_ o'clock on
the above date. There were present Mayor McDonald ,
in the chair, and the following named Council Members:
—Ambrisco. Baker. Brdahl McDonald Strait
Absent: Dickson. Zuber
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AHLERS• COONEY, OORWEILER. HAYNIE. SMITH a ALLaEE. LAWYERS, DES MOINES. IOWA
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CERTIFICATE
STATE OF IOWA
SS
COUNTY OF JOHNSON
CIG -3
4-85
I, the undersigned City Clerk of Iowa City, Iowa, do
hereby certify that attached is a true and complete copy of
the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and
complete copy of the action taken by said Council with respect
to said matter at the meeting held on the date indicated in
the attachment, which proceedings remain in full farce and
effect, and have not been amended or rescinded in any way;
that meeting and all action thereat was duly and publicly held
in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council
and posted on a bulletin board or other prominent place easily
accessible to the public and clearly designated for that pur-
pose at the principal office of the Council (a copy of the
face sheet of said agenda being attached hereto) pursuant to
the local rules of the Council and the provisions of Chapter
21, Code of Iowa, upon reasonable advance notice to the public
and media at least twenty-four hours prior to the commencement
of the meeting as required by said law and with members of the
public present in attendance; I further certify that the indi-
viduals named therein were on the date thereof duly and
lawfully possessed of their respective city offices as indi-
cated therein, that no council vacancy existed except as may
be stated in said proceedings, and that no controversy or
litigation is pending, prayed or threatened involving the
incorporation, organization, existence or boundaries of the
City or the right of the individuals named therein as officers
to their respective positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 1Rth day of T,,,,,, , 1985.
SEAL
City Clerk, Iowa City, Iowa
AHLCRS, COONEY. DONw[Rtw. H.rgit. S.,,. B ALIett. L..It.S. DES MO..ES. IOW. t/
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This being the time and place fixed for a public hearing
on the matter of the adoption of plans, specifications, form
of contract, and estimated cost for the construction of the
FY1986 Sidewalk Assessment Project, the Mayor called for any
oral objections to the making of said improvements, or to the
adoption of the plans, specifications, form of contract or
estimate of cost. No oral objections were offered and the
Clerk reported that no written objections thereto had been
filed.
Council Member Erdahl introduced the
following Resolution entitled 'RESOLUTION ADOPTING PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved
that the same be adopted. Council Member Ambrisco
seconded the motion to adopt. The roll was called and the
vote was,
Ambrisco
NAYS: None
Whereupon, the Mayor declared the following Resolution
duly adopted:
RESOLUTION ADOPTINGS-187 PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATED COST
WHEREAS, on the 12th day ofJune
specifications, form of contract and estimated cost 9were 85, pfiled
with the Clerk of Iowa City, Iowa, for the construction of the
FY1986 Sidewalk Assessment Project, within the corporate
limits; and
WHEREAS, notice of hearing on plans, specifications, form
of contract, and estimated cost was published as required by
law:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
That the said plans, specifications, form of contract and
estimated cost are hereby approved as the plans,
Specifications, form of contract and estimated cost for said
improvements for said project.
-2-
ANLER5. COONCV. DORWLILER. H.YNIE. SMITH B ALLItt. "w,,RS. DCS MOIN[S. IOW..
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PASSED AND APPROVED, this 18th day of ,Tune
1985.
ayor
ATTEST: /"
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AHLERS. COONEY. DORWEILER. HAYNIE, $MITN a ALLBEE. LAWYCR9, Des MOINES. IOWA
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RESOLUTION NO. 85-188
RESOLUTION AUTHORIZING A FARE INCREASE FOR IOWA CITY TRANSIT.
WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents
with a public transportation system, and
WHEREAS, in the adopted FY86 City budget for Iowa City, the Director of
Finance recommends a fare increase so that the existing level of transit
service can be maintained.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That commencing July 1, 1985, the following rates for using Iowa City
Transit shall apply:
a. The general fare will increase from 4Ot to 5Ot.
b. The school field trip fare will increase from 3Ot to 4Ot.
c. The Saturday fare will increase from 3Ot to 4Ot.
d. The price of a monthly pass will increase from $14 to $16.
It was moved by Ambrisco 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 thisl8th day of June 1985.
YOR
ATTEST:
CITY -CLERK
Received & Approved
BY The Le&i a alineol
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MEMORANDUM OF AGREEMENT
Iowa City, Iowa
.June 18 , 1985
The City Council of Iowa City, Iowa, met inSession
on the J8th day of .hme 1985, at v �n o cloat the
Civic Center in Iowa City, Iowa. The meeting was called to order and there
were present .John McDonald Mayor, in the Chair, and the following
named councII members:
Ambrisco. Baker. Erdahl. D
Absent: Dickson. Zuber
Matters were discussed relative to the financing of a project pursuant to
Chapter 419 of.the Iowa Code. Whereupon, Council Member Ambrisco
introduced a resolution entitled "A Resolution Authorizing the Execution of a
Memorandum of Agreement with The Economy Advertising Company" and moved its
adoption; seconded by Council Member Strait . Afer due consider-
ation of said resolution by the Council, the Mayor put the question on the
motion and the roll being called, the following named Council Members voted:
Ayes: StraitLAmbrisco,_Baker. Erdahl. McDonald
Nays: None
Abstai ned: None
Whereupon, the Mayor declared said resolution duly adopted and approval
was signed thereto.
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Upon motion and vote, the meeting adjourned.
ayo r
Attest:
City Clerk
(Seal)
116
4
MEMORANDUM OF AGREEMENT
Iowa City, Iowa
.June 18 , 1985
The City Council of Iowa City, Iowa, met inSession
on the J8th day of .hme 1985, at v �n o cloat the
Civic Center in Iowa City, Iowa. The meeting was called to order and there
were present .John McDonald Mayor, in the Chair, and the following
named councII members:
Ambrisco. Baker. Erdahl. D
Absent: Dickson. Zuber
Matters were discussed relative to the financing of a project pursuant to
Chapter 419 of.the Iowa Code. Whereupon, Council Member Ambrisco
introduced a resolution entitled "A Resolution Authorizing the Execution of a
Memorandum of Agreement with The Economy Advertising Company" and moved its
adoption; seconded by Council Member Strait . Afer due consider-
ation of said resolution by the Council, the Mayor put the question on the
motion and the roll being called, the following named Council Members voted:
Ayes: StraitLAmbrisco,_Baker. Erdahl. McDonald
Nays: None
Abstai ned: None
Whereupon, the Mayor declared said resolution duly adopted and approval
was signed thereto.
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Upon motion and vote, the meeting adjourned.
ayo r
Attest:
City Clerk
(Seal)
116
RESOLUTION 1985 - 189
A Resolution Authorizing the Execution of a Memorandum of Agreement with The
Economy Advertising Company.
WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of
Iowa, (the "Issuer") is an incorporated municipality authorized and empowered
by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the
"Act") to issue revenue bonds for the purpose of financing the cost of acquiring,
by construction or purchase, land, buildings, improvements and equipment, or
any interest therein, suitable for the use of any industry or industries for
the manufacturing, processing or assembling of any agricultural or manufactured
products or of any commercial enterprise engaged in storing, warehousing or
distributing products of agriculture, mining or industry, or of a national,
regional or divisional headquarters facility of a company that does multistate
business; and
WHEREAS, the Issuer has been requested by The Economy Advertising Company,
(the "Company") to issue its revenue bonds pursuant to the Act pursuant to the
purpose of financing the acquisition by construction or purchase of land,
buildings, equipment and improvements suitable for use as a factory and
warehouse which the Company will use for the purpose of manufacturing, processing,
storing, warehousing and distributing products of agriculture, mining or
industry (the "Project"), located within the Issuer; and
WHEREAS, a Memorandum of Agreement in the form and with the contents set
forth in Exhibit A attached hereto, has been presented to the Issuer under the
terms of which the Issuer agrees, subject to the provisions of such Agreement,
to pursue proceedings necessary under the Act to issue its revenue bonds for
such purpose;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as
follows:
Section 1. The Memorandum of Agreement in the form and with the contents
set forth in Exhibit A attached hereto be and the same is hereby approved and
the Mayor is hereby authorized to execute said Memorandum of Agreement and the
Clerk is hereby authorized to attest the same and to affix the seal of the
Issuer thereto, said Memorandum of Agreement which constitutes and is hereby
made a part of this Resolution to be in substantially the form, text and
containing the provisions set forth in Exhibit A attached hereto.
Section 2. Officials of the Issuer are hereby authorized to take such
further action as may be necesssry to carry out the intent and purpose of the
Memorandum of Agreement.
Section 3. That all resolutions and parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
Passed and approved this 18th day of June , 1985.
yor
Attest:
i
EXHIBIT A
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the
"Issuer") and The Economy Advertising Company (the "Company").
1. Preliminary Statement. Among the matters of mutual inducement which
have resulted in the execution of this Agreement are the following:
(a) The Issuer is authorized by Chapter 419 of the Code of Iowa,
1985, as amended (the "Act") to issue revenue bonds for the purpose of financing
the cost of acquiring, by construction or purchase, land, buildings, improve-
ments and equipment, or any interest therein, suitable for the use of any
industry or industries for the manufacturing, processing or assembling of any
agricultural warehousing or distributing products of agriculture, mining or
industry, or of a national, regional or divisional headquarters facility of a
company that does multistate business.
) Company
wishes
Issuer that subjecttothepublic thearing nreq uiredcbyrthe sAct, and surance fupon
rom the
reaching mutually acceptable terms regarding such bonds, such bonds will be
issued by the Issuer in the principal amount sufficient to finance the costs
of acquisition by construction or purchase of land, buildings, equipment and
improvement suitable for use as a factory and warehouse which Company will use
for the purpose of manufacturing, processing, storing, warehousing and distri-
buting products of agriculture, mining or industry (the "Project"), located
within the Issuer.
suer
the Project)andhthesfinancingiofrthehat samehwillgpromotenthedwelfareuandon of
prosperity
of the Issuer and its citizens.
2. Undertakings on the Part of the Issuer.
issuance o)eIssuer i
ll of such in an aggregate proceedings
snecessary oauthorize the
rincipalamountnottoexceed
$1,800,000.00.
the provisions Subject
dcomplianceue wrequirements
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ofand thepublichearingrequiredbytheAct, anduponireaching
mutually acceptable terms regarding such bonds, it will cooperate with the
Company in the issuance and sale of such bonds, and the proceeds from the
issuance of such bonds shall be loaned to the Company upon terms sufficient to
pay the principal of and interest and redemption premium, if any, on such
bonds, as and when the same shall become due.
3. Undertakings on the Part of the Company.
he
any
ill use all
efforts
opeate with
the Issuer aand Tcomply pwith wthe Act and all sother eprovisions oofolawrrelating to
the Project and the issuance and sale of such bonds.
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(b) The Company will enter into a Loan Agreement with the Issuer
under the terms of which the Company will obligate itself to pay to the Issuer
sums sufficient to pay the principal of and interest and redemption premium,
if any, on such bonds as and when the same shall become due and payable.
4. General Provisions.
(a) All commitments on the part of the Issuer and the Company herein
are subject to the condition that on or before one year from the date hereof
(or such other date as shall be mutually agreed to) the Issuer and the Company
shall have agreed to mutually acceptable terms relating to the issuance and
sale of such bonds.
(b) The Company agrees that it will reimburse the Issuer for all
reasonable and necessary direct out-of-pocket expenses which the Issuer may
incur at its request arising from the execution of this Agreement and the
performance by the Issuer of its obligation hereunder.
(c) All commitments of the Issuer hereunder are further subject to
the conditions that the Issuer shall in no event incur any liability for any
act or omission hereunder, and that such bonds described herein shall not
constitute an indebtedness of the Issuer within the meaning of any constitu-
tional or statutory provision and shall not constitute nor give rise to a
pecuniary liability of the Issuer or a charge against its general credit or
taxing powers.
(d) It is expressly understood by both parties to this Agreement
that its execution by the Issuer is intended both as an expression of the
Issuer's current intention to proceed with the Issuance of the bonds and to
constitute "some other similar official action" for the purposes of the
Treasury Regulations promulgated under Section 103 of the Internal Revenue
Code of 1954, as amended. The execution of the agreement by the Issuer is not
intended to nor does it create a binding commitment of the Issuer to proceed
with the issuance of the bonds. It is further understood that the issuance of
the bonds is subject to further review by the City Council of the Issuer and
is conditioned upon, among other things, full compliance with all provisions
of the Industrial Revenue Bond Policy and Procedures for the City of Iowa Cit
Iowa.
Attest:
2444 ,,,') �f' J
Cit Clerk
(Seal)
IOWA CITY, I014A
By Lca�
ayor
THE ECONOMY ADVERTISING COMPANY
By i / 'l.
President
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State of Iowa
County of Johnson
City of Iowa City
SS:
I, the undersigned, do hereby certify that I am the duly appointed,
qualified and acting City Clerk of the aforementioned City and that as such I
have in my possession or have access to the complete official records of said
City and of its Council and officers; and that I have carefully compared the
transcript hereto attached and state that it is a true, correct and complete
Councilcopy of iof tofficial
crecords showing Cit
ofsaidCitytoauthorizetheexecuaction
o
tion ofaMemorandum ofeAgreement
by and between The Economy Advertising Company and said City.
WITNESS my hand and the seal of said City hereto affixed this 18th day
of June , 1985.
(SEAL)
A¢
City Cl«erk
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State of Iowa
County of Johnson
City of Iowa City
SS:
I, the undersigned, do hereby certify that I am the duly appointed,
qualified and acting City Clerk of the aforementioned City and that as such I
have in my possession or have access to the complete official records of said
City and of its Council and officers; and that I have carefully compared the
transcript hereto attached and state that it is a true, correct and complete
Councilcopy of iof tofficial
crecords showing Cit
ofsaidCitytoauthorizetheexecuaction
o
tion ofaMemorandum ofeAgreement
by and between The Economy Advertising Company and said City.
WITNESS my hand and the seal of said City hereto affixed this 18th day
of June , 1985.
(SEAL)
A¢
City Cl«erk
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City of Iowa City
MEMORANDUM
DATE: June 13, 1985
TO: City Council
FROM: Rosemary Vitosh, Director of Finance
RE: Industrial Revenue Bond Application, Economy Advertising
Economy Advertising has requested that the City issue $1.8 million in
Industrial Revenue Bonds to finance the construction of a 47,800 square
foot building which would house their operations. A copy of their
application is attached. 'Staff has reviewed the application and found
no legal or financial problems.
G
APPLICATION FOR INDUSTRIAL REVENUE BOND FINANCING
IOWA CITY, IOWA
Note: Three complete copies of this application form and all attachments
must be submitted.
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1. APPLICANT "INFORMATION ("Applicant" refers to the proprietor,
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general partner or corporate officer signing this application):
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Willis M. Bywater
Name
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2501 Potomac Drive �
Street Address
Iowa City, IA 52240
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City, State and Zip Code
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319/337-4663 !
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Telephone
II. BUSINESS INFORMATION:
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The Economy Advertising Company,
Name of Business
117 North Linn Street i
Current Address of Business
Iowa City, IA 52240
City, State and Zip Code•
rnrnnr wPi.,., a a - ftway 6 Bypass
Proposed Address of Bus.ainess
Iowa City, IA 52240
City, State and Zip Code
319/337-9623
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Telephone
Interrelated activates in the graphic arts
I_
and sneeialty adv r i the i dutri JB
.96
Type of BU51neSS Date Established
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Bank Where Your Business
Has An Account First National Bank, Iowa City, Iowa
Iowa State Bank 6 Trust Company
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Hills Bank and Trust Company
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III. Reason for IRB Application/How will IRB financing enhance your
The project would be impossible without Industrial Revenue Bond financing.
This would require the applicant either to retain its present operation
j in old buildings, or entirely suspend its printing operations and become
strictly involved in sales.
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IV. Information about Management (List the name of all owners, officers,
directors, and/or partners. Provide the percent of ownership and
the annual compensation.):
Raymond L Bywater Chairman -21- i
I Name and Title % of Ownership
Linder Road, Iowa City, IA 52240 ?'
Address_
Willis M. Bywater, President 57 i
Name and Title of Ownership
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2501 Potomac Drive, Iowa City, IA 52240
Address
All other stockholders individually own lass than 51� 3
Name and Title % of Ownership µ
of the stock. A complete listing of stockholders follows.
Address
Name and Title of Ownership
Address
V. Project Cost and Funding:
Complete and attach Exhibit A.
VI. Attachments to be Provided (Blank exhibit forms should be utilized):
1. Exhibit B, Personal History Statement - one must be submitted
for each stockholder (20% or greater ownership), partners,
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officer and owner.
2. Exhibit C, Personal Financial Statement - one must be submitted
for each stockholder (20% or greater ownership), partner,
proprietor and guarantor.
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CALENDARS • ADVERTISING SPECIALTIES *ff COMMERCIAL PRINTERS- LITHOGRAPHERS
MARKET AND LINN STREETS
�%%1-�EEf
52260
STOCKHOLDER
Raymond Anciaux
John A. Brown
Janet M. Bywater
R. L. & Janet M. Bywater
Mrs. W.M. Bywater
W.M. Bywater
Mary Cross
Nancy Dornfeld
George Ebert
Harry H. Hummel
Duane S. Mayer
Robert A. Olson
John P. Sunstrum
Bruce H. Van Druff
Ralph W. Wilke
SHARES
100
100
190
1710
100
4610
300
300
100
100
50
350
50
100
50
8210
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CALENDARS • ADVERTISING SPECIALTIES *ff COMMERCIAL PRINTERS- LITHOGRAPHERS
MARKET AND LINN STREETS
�%%1-�EEf
52260
STOCKHOLDER
Raymond Anciaux
John A. Brown
Janet M. Bywater
R. L. & Janet M. Bywater
Mrs. W.M. Bywater
W.M. Bywater
Mary Cross
Nancy Dornfeld
George Ebert
Harry H. Hummel
Duane S. Mayer
Robert A. Olson
John P. Sunstrum
Bruce H. Van Druff
Ralph W. Wilke
SHARES
100
100
190
1710
100
4610
300
300
100
100
50
350
50
100
50
8210
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3. Exhibit D, Financial Information - financial statements for the
past three years, statements which are no older than 90 days for
j the current year, and earning projections for at least one year.
4. Exhibit E, Listing of outstanding 'contracts, notes and
mortgages payable.
r 5. Exhibit F, Brief history of business.
6. Exhibit G, Description of educational, technical and business
background for all
g people involved in ownership or management ;
of the business. I
7. Exhibit H, Listing of co-signers and/or guarantors for the
bonds.
8. Exhibit I, Listing of equipment or fixtures to be purchased with
bond proceeds. ; !
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9. Exhibit J, Summary of collateral. ;
I10. Exhibit K, Supplemental information. i
VII. Proposed Project Information:
I .1. Brief description of products/services to be produced: j
Interrelated activities in the graphic arts and specialty adver- "
rising industries --calendars,. advertising specialties and commercial
printing. ,
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2. Does a need for this service or product exist within Iowa City?
Yes
3. Will this product compete with other local businesses?
Commercial printing --yes.
4. Explain how this facility will attract other related
i industries.
Unlmown at this time. Hopefully, however, this well-established,
high-volume business, when located in efficient, attractive quarters,
i! would serve as a catalyst for attracting related industries.
5. Number of local employees currently employed at local business j I
(if business exists at this time) on a full-time and part-time
basis:
85 i 1
6. Number of new jobs to be created on full-time and part-time
basis:
5 - full time
2 - part time
7. Number of management level employees at Iowa City location:
16
S. Skill type and salary levels of jobs created and/or retained by
this project:
Graphic Arts - $16,000 - $18,000.per year full time
9. Will new jobs be on a seasonal or on an annual basis?
Both
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10. Number of people expected to reside •in Iowa City as a•result of
project:
a. Number of people moving to Iowa City.
2-3
b. ,Number of people already living in Iowa City.
4 - 5, plus present employees
11. a. Current payroll if already located in Iowa City
(monthly/annual):
$1,634,265.00 Annual
b. Projected payroll (monthly/annual):
$1,735,000.00
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6. Number of new jobs to be created on full-time and part-time
basis:
5 - full time
2 - part time
7. Number of management level employees at Iowa City location:
16
S. Skill type and salary levels of jobs created and/or retained by
this project:
Graphic Arts - $16,000 - $18,000.per year full time
9. Will new jobs be on a seasonal or on an annual basis?
Both
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10. Number of people expected to reside •in Iowa City as a•result of
project:
a. Number of people moving to Iowa City.
2-3
b. ,Number of people already living in Iowa City.
4 - 5, plus present employees
11. a. Current payroll if already located in Iowa City
(monthly/annual):
$1,634,265.00 Annual
b. Projected payroll (monthly/annual):
$1,735,000.00
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12. Number of plant relocations since 1955 (give reasons why
relocation occurred):
0
13. Location of other facilities currently operated by applicant:
None
14. Location of headquarters of applicant (address, phone number,
and contact person):
117 North Linn Street; Iowa City, IA 52240 '
319/337-9623
Willis M. Bywater, President
VIII. Environmental Factors:
1. Exact location of proposed project (plat, map or diagram)
Lot 4 B.D.I. First Addition to Iowa City, Iowa, according to
I the recorded plat thereof—corner Heinz Road and Highway 6
Bypass, Iowa City, Iowa
2. Size of project facilities (sq. ft.)
40,000 square feet of office and manufacturing plus a 7,800
square foot office mezzanine
3. Amount of land required (acreage)
6 ac;es
4. Compliance with existing zoning
Yes
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5. Pollution criteria:
a. Water
1. Project requirements (gallons per day)
Sanitation and heating only --substantially equivalent
to present facilities
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2. Use of water (heating, for product use, etc.)
Heating and sanitation
3. Flowage rates (hourly, daily, seasonal, annual)
Undetermined, substantially similar to present
4. Water line requirements for fire protection
Sprinkler system --probable six inch to eight inch
water main
5. New and/or enlarged lines required from existing
mains
None
b. Sewerage
1. Compliance with Clean Water Act
Yes
2. Effluent constituents (type and amount)
Sanitation and standard photographic chemicals
3. Toxic or hazardous wastes (as defined by EPA)
None
4. On-site pre-treatment necessary?
No%
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5, final treatment -- on-site or muniicpal treatment?
Municipal
6. New and/or •enlarged lines required from .existing
mains?
None
C. Air
1. Compliance with Clean Air Act
Yes
2. Impact on State Implementation Plan (SIP)
None
3. Air pollution constiuents (types and amounts)
From boiler chimney and building exhaust
4. Odor(s)
None
S. Visual impact (smoke plume, haze, fog, water vapour,
etc.)
None
d. Noise
1. Noise compliance with Noise Control Act
Yes
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2. Change in noise and vibration levels
None, except for additional vehicular traffic
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3. Impact on neary-by properties (can be shown diagram-
matically using frequency and temporal distribution, I
and magnitude)
None, except for additional vehicular traffic
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e. Other
1. Compliance with Stormwater Management Ordinance
1.
Yes r
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2. Visual appearance of plant and landscaping l I'
Precast concrete walls with stained finish; hard surfaced [
I. parking area with islands, trees and shrubs as required
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3. Impact on fragile area(s) (e.g. headwaters area)
None --
IX. Community Service Factors: ,
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1. Ability of existing trafficways to carry additional traffic I
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load.
Excellent
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2. Projected number of vehicles due to:
a. Workers `
70-80 daily
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b. Manufacturing process
6 — 8 trucks daily
c. Other transportation modes to be used by facility (rail,
air)
Occasional
3. Would this facility's employees use public transit?
Yes
4. Utilities (other than water and sewerage)
a. Natural gas
Yes
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b. Electricity (detail load requirements)
Yes - 1,600 amps service
c. Use of alternative energy sources (solar, cogeneration,
etc.)
These possibilities are being explored
Additional application and exhibit forms are available from the Director '
of Finance or the City Manager, Iowa City, Iowa.
ESTIMATED PROJECT COSTS AND SOURCES OF FUNDING
1. COST:
Land (owned since 1978) , , , , , , , , , , , , , , , . $ -0-
Building: -x New —Purchase —Renovate . . . 1,800,000.00
Machinery & Equipment . . . . . . . . . . . . . . . . . . 87.500.00
Leasehold Improvements . . . . . . . . . . . . . . . . . .
Engineering and architecture, , , , , , , , , , , , , , , __L1,501. 00
Legal & Underwriting . . . . . . . . . . . . . . . . . . _12.000.00
Other:
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TOTAL COST $ 1,997.000:00 " — I
2. FUNDING'
Industrial Revenue Bonds . . . . . . . . . . . . . . . . . $ 1,800,000.00
Other:
Cash (see Exhibit J for listing of other unencumbeve4 197,000.00
TOTAL FUNDING $ 1,997,00a.00
NOTE: TOTAL COST AND TOTAL FUNDING MUST BE EQUAL.
3. .HAVE YOU APPLIED FOR CONVENTIONAL FINANCING FOR THIS PROJECT?
No --known not to be feasible by reason of financial knowledge and
--
experience f p { rapalc in applieasE
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SIGNATURE TITLE President DATE
_6/5/85
18 7
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- .._-- -------------
i EXIIIBIT "F": --
Brief History of Business:
The Economy Advertising Company was founded in 1896 by
.i Samuel Wakefield Her in Iowa City. The business occu-
r i d h 7 hi t Tin and Washin rna Ct e s until
' 1923 when it was moved to its present location. .The natu
f rh h a to It e h ver ai ed h^sica
the same throughout its 89year history. Management has
remained an the Mercer family through Your eenerations.
Theownerehipi has also been predominantly Mercer and
r f ii�1 f �ppl •e .Al Pq and nat
worth have increased steadily over the company's history.
Pr
sales organization located in approximately 40 states and
located in all 50 states.
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EXHIBIT "G": — ---
1
Provide below a brief description of the educational, technical
and business background for all the people involved in the
ownership or management of the business:
Chairman of the --
Name: Raymond L. Bywater Title: Board
Ttanaggement and Educational Experience: Graduate of Iowa Cic j
High'School (1929) and University of Iowa one conomy
p,7ararticin g. r�m�,yj�{•tnhnr lr 1e9fi - i- i-
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Name: Willis . M. Bywater Title: President t
Management and Educational 'Experience: Graduate of Iowa city '
High School (1957) and'Iowa State University (1961); employed rj1
�aomv Adv rt in
r..m...,.... n..a..at 1a 196 e Present
j
SIGItATURE:
,TITLE: President DATE: 1jl S/Rs
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EXHIBITS, H, I, J
EXHIBIT "H":
Please'list below the names of any co-signers and/or guarantors for the bonds. Yourself?
Your spouse? Partners, officers, directors? Others? NONE
Name Address
Name Address
Name Address
A personal financial statement must be attached hereto for each individual listed above.
EXHIBIT "I":
List below all equipment and/or fixtures to be purchased with the bond proceeds:
MODEL AND/OR
SERIAL N0.
COST
NEW
USED
;pacifies unknown; however, generally
the following:
Lutomatic calendar tinning machin3
$ 19,200.00
X
'elephone System
$ 20,000.00
X
Iffice equipment, furniture 6
fixtures
$ 48,300.00
X
TOTAL
S 87 500.00
PROCEEDINGS FIXING DATE FOR HEARING
Iowa City, Iowa
.lune 1A , 1985
The City of Council of Iowa City, Iowa, met in ire lar Session
an the 18th day of June 1985, at 7:3U a'clo�, at the i
Civic Center in Iowa City, Iowa. The meeting was called to order and there
were present John Mcl]ona]d Mayor, in the Chair, and the i.
following named Council Members:
i Amhriscn. Raker Frdahl hkTkmald Strait '
Absent: Dickson Zuber I'
Matters were discussed concerning the issuance of Industrial Development j
Revenue Bonds. Whereupon, Council MemberF.rdahl introdued !
a resolution entitled: "Resolution Fixing Date o ear ng on Proposed Indus-
trial Development Revenue Bonds, Series 1985 (The Economy Advertising Company
i Project)" and moved its adoption; seconded by Council MemberAmbrisco t
'After due consideration of the said resolution by the Council, the Mayor put
the question upon the motion and the roll being called, the following named
Council Members voted: # -
I:
Ayes: Mrnonnld Amhrisco Raker Frdahl gait i.
Nays: Nnnr
Absent:�.,
Nnnr
t i
Whereupon the Mayor declared the said resolution duly adopted and approval
was signed thereto. q
Upon motion and vote, the meeting adjourned,
4ayor
t
Attest:
I.
City`ClerK
(Seal)
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RESOLUTION 1985 - 190
Resolution fixing a Date for Hearing on Proposed Industrial Development
Revenue Bonds Series 1985 (The Economy Advertising Company Project).
WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of
Iowa, (the "Issuer") is an incorporated municipality authorized and empowered
by the provisions of Chapter 419 of the Code of Iowa, 1985, as amended (the
"Act") to issue revenue bonds for the purpose of financing the cost of acquiring,
by construction or purchase, land, buildings, improvements and equipment, or
any interest therein, suitable for the use of any industry or industries for
the manufacturing, processing or assembling of any agricultural or manufactured
products or of any commercial enterprise engaged in storing, warehousing or
distributing products of agriculture, mining or industry, or of a national,
regional or divisional headquarters facility of a company that does multistate
business; and
WHEREAS, the Issuer has been requested by The Economy Advertising Company,
(the "Company") to issue its revenue bonds pursuant to finance the cost of the
acquisition by construction or purchase of land, buildings, equipment and
improvements suitable for use as a factory and warehouse which the Company
will use for the purpose of manufacturing, processing, storin�, warehousing
and distributing products of agriculture, mining or industry the "Project"),
located within the Issuer, which will promote the welfare of the Issuer and
its citizens; and
WHEREAS, it is proposed to finance the cost of the Project through the
issuance of Industrial Development Revenue Bonds, Series 1985 (The Economy
Advertising Company Project) of the Issuer in an aggregate principal amount
not to exceed $1,800,000.00 (the "Bonds") and to loan said amount to the
Company under terms, the obligation of which will be sufficient to pay the
principal of and redemption premium, if any, and interest on the Bonds as and
when the same shall be due and payable; and
WHEREAS, before the Bonds may be issued, it is necessary to conduct a
public hearing on the proposal to issue the Bonds, all as required and provided
for by Section 419.9 of the Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as
follows:
Section 1. This Council shall meet at the Civic Center, in Iowa City,
Iowa, on the 16th day of , 1985 at-��33oL�-- o'clock 2_.m.,
at which time--an-a--p) ace a pu c hearing s all be hel o� proposal to
issue the Bonds referred to in the preamble hereof, at which hearing all local
residents who appear shall be given an opportunity to express their views for
or against the proposal to issue the Bonds.
Section 2. The Clerk is hereby directed to give notice of intention to
issue the Bonds, setting forth the amount and purpose thereof, the time when
and place where the hearing will be held, by publication at least once not
less than fifteen (15) days prior to the date fixed for the hearing, in the
Iowa City Press Citizen, a newspaper published and having a general circulation
within the Issuer. The notice shall be in substantially the following form:
//600
NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT REVENUE BONDS
SERIES 1985
(The Economy Advertising Company Project)
The City Council of the City of Iowa
City, Iowa, (the "Issuer") will meet on
the 16th day of July, 1985, at the Civic
Center, in Iowa City, Iowa, at 7:30
o'clock p.m. for the purpose of conducting
a public hearing on the proposal to issue
Industrial Development Revenue Bonds,
Series 1985 (The Economy Advertising
Company Project) of the Issuer, in an
aggregate principal amount not to exceed
$1,800,000.00 (the "Bonds"), and to loan
said amount to The Economy Advertising
Company (the "Company"), for the purpose
of defraying the costs, to that amount, of
the acquisition by construction or
purchase of land, buildings, equipment and
improvements suitable for use as a factory
and warehouse which the Company will use
for the purpose of manufacturing, proc-
essing, storing, warehousing and distrib-
uting products of agriculture, mining or
industry (the "Project"). The location of
the project will be at the northwest
corner of the intersection of Heinz Road
and the Highway 6 Bypass in Iowa City,
Iowa, and is legally described as follows:
Lot 4, B.D.I. First Addition
to Iowa City, Iowa, according
to the recorded plat thereof.
The Bonds, when issued, will be limited
obligations and will not constitute
general obligations of the Issuer nor will
they be payable in any manner by taxation,
but the Bonds will be payable solely and
only from amounts received by the Issuer
under a Loan Agreement between the Issuer
and the Company, the obligation of which
will be sufficient to pay the principal of
and interest and redemption premium, if
any on the Bonds as and when the same
shall become due.
At the time and place fixed for said
public hearing all local residents who
appear will be given an opportunity to
express their views for or against the
proposal to issue the Bonds, and at the
hearing or any adjournment thereof, the
Issuer shall adopt a resolution deter-
mining whether or not to proceed with the
issuance of the Bonds.
By the order of the City Council this
18thday of June 1985.
26 H?tu,4
Section 3. All resolutions and parts thereof to conflict herewith are
hereby repealed to the extent of such conflict.
Passed and approved this 18th day of June 1985.
/layor
Attest:
lr)nin-.C� yi • 7 e IAJ .
Ci tp Clerk
(SEAL)
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Section 3. All resolutions and parts thereof to conflict herewith are
hereby repealed to the extent of such conflict.
Passed and approved this 18th day of June 1985.
/layor
Attest:
lr)nin-.C� yi • 7 e IAJ .
Ci tp Clerk
(SEAL)
State of Iowa
County of Johnson SS:
City of Iowa City
I, the undersigned, do hereby certify that I am the duly appointed qualified
and acting City Clerk of the aforementioned City and that as such I have in my
possession or have access to the official records of said City and of its
officials and that I have compared the transcript hereto attached with the
said official records and that the same constitutes a true and correct and
complete copy of such official records showing the action taken by the City
Council of said City to set a date for a public hearing on the proposal to
issue Industrial Development Revenue Bonds, Series 1985 (The Economy Advertising
Company Project) in an aggregate principal amount not to exceed $1,800,000.00
WITNESS My official signature and the seal of said City this 18th day of
.hm , 1985.
(SEAL)
GI TY CLERK
//6F
NOTICE OF PROPOSAL TO ADOPT SUPPLEMENTAL
RESOLUTION TO INCREASE THE ISSUANCE
GRANTED BY PRELIMINARY APPROVAL AND
INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT
REVENUE BONDS (MILLARD WAREHOUSE PROJECT)
Notice is hereby given that a public
hearing will be conducted before the
Council of the City of Iowa City, Iowa, in
the Council Chambers at the City Hall in
said City at 7:30 o'clock P.M., on June
18, 1985, on the proposal to adopt a
Supplemental Resolution to increase the
amount of issuance granted by preliminary
approval from $2,450,000 to $2,500,000 and
on the proposal to issue $400,000 aggre-
gate principal amount of the City's
Industrial Development Revenue Bond
(Millard Warehouse Project), Series C.
pursuant to the provisions of Chapter 419
of the Code of Iowa, for the purpose of
defraying the costs of constructing
additions to and equipping a building
which will be suitable for use of any
industry or commercial enterprise engaged
in processing, storing, warehousing, or
distributing products of agriculture (the
"Project") and necessary expenses inciden-
tal thereto. The Project will be located
at 2710 Highway 6 East, Iowa City, Iowa.
The Project will consist of approximately
12,288 square feet of facilities located
on the first floor of the building at said
location and will be used for refrigerated
warehousing. The proceeds from the sale
of such bonds will be loaned to Larry A.
Larsen d/b/a Millard Warehouse, pursuant
to a Loan Agreement and Second Amendment
thereto, which will provide loan payments
sufficient to pay the principal of an
interest and premium, if any on such Bond
as the same fall due. The initial princi-
pal operator of the Project will be
Millard Warehouse, Iowa City, a Nebraska
general partnership.
The Bond shall never constitute an
indebtedness of said City within the
meaning of any state constitutional
provision or statutory limitation, and
shall not constitute nor give rise to a
pecuniary liability of said City or a
charge against its general credit or
taxing powers.
All local residents who appear at said
hearing shall be given an opportunity to
express their views for or against the
1169
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proposal for the aforementioned Supplemen-
tal Resolution and the proposal to issue
said Bond, and at said hearing, or any
adjournment thereof, the Council of said
City shall adopt a resolution determining
whether or not to proceed with the
issuance of said Bond.
MARIAN K. KARR, CITY CLERK
02a
Iowa City, Iowa
The City Council of Iowa City, Iowa, met in regular session on the
18thday of June 1985, at 7:30 P.M. at the City Hall in the City.
The meeting was called to order by D1cDonald , Mayor, and the following
named Council Members were present: Ambrisco, Baker, Erdahl, McDonald Strait
Absent: Dickson. Zuber
The Council investigated and found that notice of intention to issue
$400,000 Industrial Development Revenue Bonds, (Millard Warehouse Project)
Series C had, as directed by the Council, been duly given according to law.
This being the time and place specified in the notice for the conduct
of a public hearing on the proposal to issue such Bonds, the Mayor announced
that all local residents attending the hearing would now be given an opportunity
to express their views for or against the proposal to issue the Bonds. The
following local residents attending the hearing expressed their views as
follows:
After all local residents who appeared at the hearing who desired to
do so had expressed their views for or against the proposal to issue the Bonds,
Council Member Ambrisco introduced and caused to be read a Resolution entitled:
"Supplemental Resolution to increase the amount of the
initial issuance authorized and granted by the Preliminary
Approval from $2,450,000 to $2,500,000, and Resolution to
proceed with the issuance and sale of not to exceed $400,000
aggregate principal amount of Industrial Development Revenue
Bonds, (Millard Warehouse Project) Series C of the City of
Iowa City, Iowa."
and moved its adoption, seconded by Council Member Baker After due
consideration of said Resolution by the Council, the Mayor put the question on
the motion and upon the roll being called, the following named Council Members
voted:
AYES: Ambrisco, Baker, Erdahl, McDonald, Strait
NAYES: None
Whereupon, the Mayor declared said Resolution duly adopted and signed
his approval thereto.
Upon motion and vote the meeting adjoZ�L
(SEAL) A-"�,y.
or
ATTEST: 71
-Z
City
Clerk
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02 RESOLUTION NO. 85-191
PUBLIC HEARING AND SUPPLEMENTAL RESOLUTION TO INCREASE THE
AMOUNT OF THE INITIAL ISSUANCE AUTHORIZED AND GRANTED BY THE
PRELIMINARY APPROVAL FROM $2,450,000 to $2,500,000, AND
RESOLUTION TO PROCEED WITH THE ISSUANCE AND SALE OF NOT TO
EXCEED $400,000.00 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL
REVENUE BONDS, (MILLARD WAREHOUSE PROJECT) SERIES C OF THE
CITY OF IOWA CITY, IOWA.
WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the
"City"), is a municipal corporation organized and existing under the laws and
constitution of the State of Iowa, and is authorized and empowered by Chapter
419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue
bonds for the purpose of acquiring, constructing, improving or equipping
facilities which are suitable for the use of any industry or commercial
enterprise engaged in processing, storing, warehousing or distributing products
of agriculture which will be located within the corporate boundaries of the City
(hereinafter referred to as the "Enlarged Project"), and to loan the proceeds of
the Bonds to Larry A. Larsen, d/b/a Millard Warehouse (hereinafter referred to
as the "Company") for the purpose of constructing and improving the Enlarged
Project; and
WHEREAS, the City is authorized by the Act to issue Industrial
Development Revenue Bonds secured by a mortgage on all or any part of the
Enlarged Project acquired, constructed, improved, or equipped, through the
issuance of such revenue bonds and payable solely out of the revenues derived
from of the Project; and
WHEREAS, a Notice of Hearing on the proposal to adopt a Supplemental
Resolution to increase the amount of issuance granted by preliminary approval
from $2,450,000 to $2,500,000 and on the proposal to issue not to exceed
$400,000.00 aggregate principal amount of Industrial Development Revenue Bonds,
(Millard Warehouse Project) Series C (the "Bonds") of the City of Iowa City,
Iowa, ahs been published as required by law; and
WHEREAS, the City has been requested by the Company to authorize and
issue its Industrial Development Revenue Bonds pursuant to the provisions of the
Act for the purpose of defraying the cost of the acquisition, construction,
Improving and equipping of the Enlarged Project; and
//70
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WHEREAS, the City has passed a certain Resolution No. 83-178,
authorizing the issuance of certain Industrial Development Revenue Bonds
(Millard Warehouse Project) in the amount of $2,450,000; and
WHEREAS, in conjunction with the aforementioned Resolution, the City
entered into a Memorandum of Agreement dated June 7, 1983 with the Company to
document the interests of the parties; and
WHEREAS, the City, as issuer, did previously issue a $1,400,000
Industrial Development Revenue Bond (Millard Warehouse Project) Series A, dated
as of September 15, 1983, and a $700,000 Industrial Development Revenue Bond
(Millard Warehouse Project) Series B, dated as of December 1, 1983, and has
loaned the proceeds from the sale of said Bonds to Larry A. Larsen d/b/a Millard
Warehouse, under a certain loan agreement and amendment thereto, dated as of
September 15 and December 1, 1983; and
WHEREAS, there remains a total of $350,000 of the aforementioned total
$2,450,000 initial issue authorization for the completion of the aforementioned
Millard Warehouse Project; and
WHEREAS, there have been certain cost overruns in the construction and
improvement costs of the aforementioned Millard Warehouse Project which total
$50,000, those cost overruns caused by unanticipated events, including, but not
limited to inflation, but not caused by any material change in the nature,
character, purpose or capacity of the facility as set forth in the initial
Resolution authorizing the issuance of the aforementioned Bonds; and
WHEREAS, the facility to be completed with the increased amount for
the aforementioned cost overruns shall remain substantially the same facility as
the one originally considered by the City in the original Intent Resolution; and
WHEREAS, it is necessary for the City to pass a Supplemental
Resolution increasing the initial authorization granted by the aforementioned
Preliminary Approval from $2,450,000 to $2,500,000; and
WHEREAS, pursuant to the aforementioned increase in the initial
authorization, it is advisable to amend the Memorandum of Agreement previously
entered into and dated June 7, 1983 in the form and substance such as Exhibit
"A" attached hereto; and
WHEREAS, the City has determined that the amount necessary to defray
the cost of acquiring, constructing, improving and equipping the Enlarged
Project, including necessary expenses incidental thereto, will require the
issuance by the City of $400,000 aggregate principal amount of its Industrial
Development Revenue Bonds pursuant to the provision of the Act; and
2
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WHEREAS, the Bonds, whether one or more, if issued, shall be limited
obligations of the City, and shall not constitute nor give rise to pecuniary
liability of the City or a charge against its general credit or taxing powers,
and the principal of and interest on the Bonds shall be payable solely out of
the revenues derived from the Enlarged Project to be financed by the Bonds; and i
WHEREAS, notice of intention to issue $400,000 Industrial Development
Revenue Bonds, (Millard Warehouse Project) Series C, has, as directed by the
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Council of the City, been duly given in compliance with the Act and Section
103(k) of the Internal Revenue Code, as amended; and
j WHEREAS, a public hearing has been held on the proposal to issue such i
Bonds at the time and place as specified in said notice and all objections or
other comments relating to the issuance of such Bonds have been heard. i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, ?
AS FOLLOWS; j
Section 1. That it is hereby determined that it is necessary and
advisable that the City pass a Supplemental Resolution to Resolution No. 83-178 i
which granted Preliminary Approval for the issuance by the City of $2,450,000 of
Industrial Development Revenue Bonds the
p proceeds of which were to be loaned to
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Larry A. Larsen d/b/a Millard Warehouse (Millard Warehouse Project). That said
Supplemental Resolution shall increase that authorized amount from $2,450,000 to
$2,500,000 and that it is hereby established and resolved that that increase is
for the purpose of certain cost overruns caused solely by unanticipated events,
including, but not limited to inflation, and not by any material change in the
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nature, character, purpose or capacity of the Project or facility as initially
proposed and as passed in the aforementioned initial Resolution authorizing said ,
Millard Warehouse Project. Furthermore, it is hereby determined that the
facility which will be completed with the increased issuance shall remain
substantially the same facility as the one originally considered in the City's
original Intent Resolution as described above.
Section 2. That the Mayor and City Clerk are hereby authorized and
directed to execute and deliver an Amended Memorandum of Agreement in the same I
form and substance such as Exhibit "A" attached hereto in order to amend the
previous Memorandum of Agreement dated June 7, 1983. Said Amended Memorandum of j
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Agreement specifically increases the cost of the Project as set forth in
paragraph 1(c) of the Memorandum of Agreement from an amount estimated not to i
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exceed $2,450,000 to an amount estimated not to exceed $2,500,000. Furthermore,
said Amended Memorandum of Agreement changes the date in paragraph 4(a) of the
Memorandum of Agreement from October 1, 1984 to June 1, 1986. In all other
respects, the terms and conditions of the aforementioned Memorandum of Agreement
shall remain unchanged.,
Section 3. That is is hereby determined that it is necessary and i
advisable that the City proceed with the issuance of Industrial Development + ,
Revenue Bonds j '
(Millard Warehouse Project) Series C of the City in the amount
of $400,000, as authorized and permitted by the Act to finance the cost of the
Enlarged Project to that amount upon terms and conditions mutually acceptable to
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the City and the Company. ..
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Section 4. That at the public hearing conducted by this City Council
as required by the Act and Section 103(K) of the Code and pursuant to published S
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notice, all persons who appeared were given an opportunity to express their 1 1
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views for or against the proposal to issue said Bonds and it is hereby 1
determined that any and all objections to the issuance of said Bonds are h
j overruled. hereby
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Section 5. That it is hereby determined (i) that a general functional
description of the type and use of the Enlarged Project has been accurately
described in said notice of hearing and is hereby approved; (i1) that the
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maximum aggregate face amount of the Bonds has been accurately described in said
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notice of hearing and is hereby approved; (111) that the initial owner, operator
or manager of the Enlarged Project has been accurately described in said notice
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of hearing and is hereby approved; and (iv) that the prospective location of the
Enlarged Project has been accurately described in said notice of hearing and 1s
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. hereby approved. f
Section 6. That the Mayor, the Clerk and the attorneys for the City
are hereby authorized and directed to do any and all things deemed necessary in ,
order to effect the accomplishment of the Enlarged Project and the issuance and
the sale of the Bonds.
! Section 7. That the attorneys for the City shall approve all
agreements to be entered into in connection with the issuance of the Bonds prior I
I I to due consideration by the City Council and execution by the Mayor and Clerk
and such agreements shall be authorized and approved by this City Council after
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! approval by the attorneys for the City and after due consideration prior to
their execution by the City. j
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Section 8. That said Bonds, if issued, and the interest thereon, will
be payable solely out of the revenues derived from the financing of said
Enlarged Project and shall never constitute an indebtedness of the City of Iowa
City, Iowa within the meaning of any state constitutional provision, or
statutory limitation, and shall not constitute or give rise to a pecuniary
liability of said City of Iowa City, Iowa, or a charge against its general
creditor or taxing powers.
Section 9. That all resolutions and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 10. That this Resolution shall become effective immediately
upon its passage and approval.
PASSED AND APPROVED this 18th day of June 1985.
ATTEST:
Cit Clerk ayor
(S EA L)
I, the undersigned, being first duly sworn, do hereby depose and
certify that I am the duly appointed, qualified, and acting Clerk of the
aforementioned City and that as such I have in my possession or have access to,
the complete corporate records of said City and of its Council and officers;
that I have carefully compared the transcript hereto attached with the aforesaid
corporate records; and that said transcript hereto attached is a true, correct
and complete copy of all the corporate records in relation to the adoption of
the Supplemental Resolution increasing the amount of the initial issuance from
$2,450,000 to $2,500,000 and the Resolution to proceed with the issuance and
sale of $400,000 Industrial Development Revenue Bonds, (Millard Warehouse
Project) Series C.
WITNESS my hand and the corporate seal of said City hereto affixed
this 18th day of June , 1985.
(SEAL)
City Clerk
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01/2 EXHIBIT "A"
AMENDED MEMORANDUM OF AGREEMENT
THIS AMENDED MEMORANDUM OF AGREEMENT is between the City of Iowa City,
Iowa, party of the first part (hereinafter referred to as the "City"), and Larry
A. Larsen d/b/a Millard Warehouse, party of the second part (hereinafter
individually and collectively referred to as the "Company").
1. Preliminary Statement. Among the matters of mutual inducement
which have resulted in the execution of this Agreement are the following:
(a) The City is an incorporated municipality of the State of Iowa,
authorized and empowered by the provisions of Chapter '419 of the Code of Iowa
(the "Act"), to issue Industrial Development Revenue Bonds for the purpose of
defraying all or a portion of the cost of acquiring and improving land,
buildings and equipment suitable for any Projects as defined therein.
(b) In order to add to the welfare and prosperity of the City and of
such inhabitants, the City proposes to loan to the Company funds to finance the
acquisition of land and the construction of a building and improvements therein
and acquisition and installation of certain equipment, all to be suitable for
use as a facility which shall be suitable for the use of any industry or
commercial enterprise engaged in processing, storing, warehousing or
distributing products of agriculture (herein referred to as the "Project").
(c) In view of the rising construction costs of the Project, it is
considered essential that acquisition and construction related to the Project
commence at the earliest practicable date, and that orders be placed for
acquiring the necessary improvements and equipment. At the same time, in view
of the possibility of financing facilities similar to the Project in other
states and communities under conditions beneficial to the Company and the
difficulty of obtaining other financing for the Project, the Company desires
satisfactory assurances from the City that the proceeds from the sale of the
City's Industrial Development Revenue Bonds will be made available in an amount
sufficient to finance all or a portion of the cost of the Project, which cost,
including the expenses related to the issuance of the Bonds, is presently
estimated not to exceed $2,500,000.
(d) Representatives of the City have indicated the willingness of the
City to proceed with and effect such financing as an inducement to the Company
to locate the Project within or near the City and the City has advised the
Company that, subject to due compliance with all requirements of law and the
obtaining of all necessary consents and approvals and to the happening of all
acts, conditions and things required to exist, happen and be performed precedent
to and in connection with such financing in due time, form and manner as
required by law, the City, by virtue of such statutory authority as may now
exist or may hereafter be conferred, will issue and sell its Bonds in an amount
sufficient to finance all or a portion of the cost of the Project.
//10
(e) The City considers that the undertaking of the Project will
provide and maintain employment opportunities for the inhabitants of the City,
enhance the tax base of the City and overlapping taxing jurisdictions, increase
the City's commerce and add to the welfare and prosperity of the City and that
of its inhabitants.
2. Undertakings on the Part of the City. The City agrees as
follows:
(a) That it will authorize, or cause to be authorized, the issuance
and sale of an issue of its Bonds, pursuant to the terms of the Act as then in
force, in an aggregate principal amount sufficient to finance all or a portion
of the cost of the Project.
(b) That it will cooperate with Company to sell the Bonds upon
mutually agreeable terms, and it will adopt, or cause to be adopted, such
proceedings and authorize the execution of such documents as may be necessary or
advisable for the authorization, issuance and sale of the Bonds and the
financing of the Project as aforesaid, and the entering into a Loan Agreement
with the Company with respect to the Project, all as shall be authorized by law
and mutually satisfactory to the City and the Company.
(c) That the aggregate.. basic payments (i.e. the payments to be used
to pay the principal of the premium, if any, and interest on the Bonds) payable
under the Loan Agreement shall be such sums as shall be sufficient to pay the
principal of an interest and redemption premium, if any, on the Bonds as and
when the same shall become due and payable.
(d) That it will take or cause to be taken such other acts and adopt
such further proceedings as may be required to implement the aforesaid
undertakings or as it may deem appropriate in pursuant thereof.
3. Undertakings on the Part of the Company. The Company agrees as
follows:
(a) That it will cooperate with the City to sell the Bonds in an
aggregate principal amount as above stated; provided, however, that the terms of
the Bonds and of the sale and delivery thereof shall be mutually satisfactory to
the City and the Company.
(b) That it has not, prior to the execution of this agreement and the
taking of "official action" toward the issuance of the Bonds by the City,
acquired or commenced improvement of the Project, or any part thereof, and has
not entered into any contracts, or paid or incurred any costs related thereto,
which will be paid or reimbursed from the proceeds of the Bonds, when and if
issued. The Company does, however, represent that it now intends to enter into
a contract or contracts for the acquisition and improvement of the Project and
take, with reasonable diligence the other necessary steps toward the realization
of the Project.
2
(c) That contemporaneously with the sale of the Bonds the Company
will execute a Loan Agreement with the City under the terms of which the Company
will obligate itself to pay to the City sums sufficient in the aggregate to pay
the principal of an interest and redemption premium, if any, on the Bonds as and
when the same shall become due and payable, such instrument to contain other
provisions required by law and such other provisions as shall be mutually
acceptable to the City and the Company.
(d) That it will take such further action and adopt such further
proceedings as may be required to implement its aforesaid undertakings or as it
may deem appropriate in pursuance thereof. I
4. General Provisions.
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(a) All commitments of the Cit under
Company under Y paragraph 2 hereof and b the
P Y paragraph 3 hereof are subject to the condition that on or before
June 1, 1966 (or such other date as shall be mutually satisfactory to the City j
and the Company), the City and the Company shall have agreed to mutually S
acceptable terms for the Bonds and of the sale and delivery thereof, and
mutually acceptable terms and conditions of the documents referred to in ) I
paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. { !
(b) Whether or not the events set forth in.(a) of this paragraph take j
place within the time set forth or any extension thereof, the Company agrees
that it will reimburse the City for all reasonable and necessary direct '
out—of—pocket expenses which the City may incur, including but not limited to,
legal fees, printing and publication costs and filing fees arising from the
execution of this Agreement and the performance, or preparation to perform by
the City of its obligations hereunder, or done at the request of the Company.
(c) All commitments of the City hereof are further subject to the
conditions that the City, and its elected and appointed officials, shall in no
event incur any liability for any act or omission hereunder, and that the Bonds
described herein shall not constitute an indebtedness of the City within the
meaning of any constitutional or statutory
provision
nor give rise to a pecuniary liability of theCity orna charge nagainst tits
te
general credit or taxing powers.
(d) It is expressly understood by the Company and the City that the
i City's adoption of this Resolution is intended both as an expression of the
City's current intention to proceed with the issuance of the Bonds and to
constitute "some other similar official action" for the purposes of Treasury
Regulations promulgated under Section 103 of the Internal Revenue Code of 1954,
as amended. The adoption of this Resolution by the City is not intended to, nor
does it, create a binding commitment on the City to proceed with the issuance of
the Bonds. It is further understood that the issuance of the Bonds is subject
to further review by legal counsel to the City and Is conditioned upon, among
other things, full compliance with all procedures of the Industrial Revenue Bond
Policy Procedure of the City of Iowa City, Iowa.
3
// 70
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IN WITNESS WHEREOF the parties hereto have entered into this Agreement
by their officers thereunto duly authorized as of the a 7*�day of�,,,,,.�_,
1985.
CITY OF IOWA CITY, IOWA
[SEAL OF CITY ]
Ey: 14
yor
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ATTEST:
jj//II��
_LL1aAla-I& X::;J �
City Jerk
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1170
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Iowa City, Iowa
Jy�'p
The City Council of Iowa City, Iowa, met in regular session on the
78th day of .Tune , 1985, at 7:30 P .M., at the City Hall in the
City. The meeting was called to order by _,John McDonald , Mayor, and to
roll call, the following named council members were present:
Ambrisco. Baker, Erdahl, McDonald; Strait.
The Council investigated and found that notice of intention to issue
not to exceed $400,000 Industrial Development Revenue Bond (Millard Warehouse
Project), Series C, had, as directed by the Council, been duly given according
to law and a hearing held thereon and the Council determined to proceed with the
issuance of such Bonds. Council Member Ambrisco introduced and caused to be
read a Resolution entitled:
"Resolution authorizing the issuance and sale of $400,000
Industrial Development Revenue Bond (Millard Warehouse
Project), Series C, the execution and delivery of a Second
Supplement to Indenture of Trust to secure said Bond, and
the execution and delivery of a Second Amendment to Loan
Agreement with Larry A. Larsen, d/b/a Millard Warehouse."
aad moved its adoption, which motion was seconded by Council Member Erdahl
After due consideration of said Resolution by the Council, the Mayor put the
question on the motion and upon the roll being called, the following named
Council Members voted:
Ayes: Erdahl, McDonald, Strait, Ambrisco, Baker
Nayes: None
Absent:Dickson, Zuber
Whereupon, the Mayor declared the said Resolution duly adopted and
signed his approval thereto.
Upon motion and vote, the meeting adjou ed.
M or
ATTEST:
2�d�/ e
,%
City Clerk
(S E A L)
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Posted: 6/14/85 @ 3:30 p.m. S
Removed: G�/9�Ps �'ooyry
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C (This Notice to be Posted)
NOTICE AND CALL OF COUNCIL MEETING
Governmental Body: The City Council of
- Iowa City, Iowa.-':
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Date of Meeting: June 18, 1985. ! j
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! Time of Meeting: 7:30 P.M.
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Place of Meeting: Council Chambers
Civic Center
Iowa CIty, Iowa �.
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PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda .
for said meeting is as follows:
7
i1. Resolution authorizing the issuance and sale of $400,000
Industrial Development Revenue Bond (Millard Warehouse Project),
Series C, the execution and delivery of a Second Supplement Indenture j.
of Trust to secure said Bond, and the execution and delivery of a
Second Amendment to Loan Agreement with Larry A. Larsen. d/b/a Millard
Warehouse.
1
2. Such additional matters as are set forth on the additional
20 page(s) attached hereto (attach copy of agenda).
This notice is given at the direction of the Mayor, pursuant to
Chapter 21A, Iowa Code, as amended, and the local rules of said governmental
body.
Cle k of the City of Iowa City, Iowa
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RESOLUTION NO. 85-192
"RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $400,000
INDUSTRIAL DEVELOPMENT REVENUE BOND (MILLARD WAREHOUSE
PROJECT), SERIES C, THE EXECUTION AND DELIVERY OF A SECOND
SUPPLEMENT INDENTURE OF TRUST TO SECURE SAID BOND, AND THE
EXECUTION AND DELIVERY OF A SECOND AMENDMENT TO LOAN
AGREEMENT WITH LARRY A. LARSEN, D/B/A MILLARD WAREHOUSE."
WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the
"City"), is a municipal corporation organized and existing under the laws and
constitution of the State of Iowa, and is authorized and empowered by Chapter
419 of the Code of Iava (hereinafter referred to as the "Act"), to issue revenue
bonds and loan the proceeds from the sale of said bonds to one or more parties
for the purpose of acquiring, constructing, improving, or equipping facilities
which shall be suitable for the use of any industry or commercial enterprise
engaged in processing, storing, warehousing, or distributing products of
agriculture which will be located within the corporate boundaries of the City.
WHEREAS, the Issuer is authorized by the Act to issue Industrial
Development Revenue -Bonds secured by a mortgage and security agreement on all or
any part of the project acquired, constructed, improved, or equipped, through
the issuance of such revenue bonds and payable solely out of the revenues
derived from the agreement pursuant to which the proceeds from the sale of said
Industrial Development Revenue Bonds are loaned to the ower of the Project; and
WHEREAS, the Issuer has previously issued a $1,400,000 Industrial
Development Revenue Bond (Millard Warehouse Project) Series A, dated September
15, 1983, under an Indenture of Trust, dated September 15, 1983, and a $700,000
Industrial Development Revenue Bond (Millard Warehouse Project) Series B, dated
December 1, 1983, under a First Supplement to Indenture of Trust, dated December
1, 1983, and has loaned the proceeds from the sale of said Series A and B Bonds
to Larry A. Larsen, d/b/a Millard Warehouse (the "Company"), under a Loan
Agreement, dated as of September 15, 1983 and First Amendment to Loan Agreement
dated as of December 1, 1983, respectively.
WHEREAS, the City has made the necessary arrangements with the Company
for completing the "Project", the subject of and as defined in the Indenture of
Trust dated September 15, 1983, and First Supplement to Indenture of Trust,
dated December 1, 1983, suitable for use by the Company as a commercial
enterprise, the "Enlarged Project".
1171
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WHEREAS, notice of intention to issue Industrial Development Revenue
Bond (Millard Warehouse Project) Series C. of the City ("Series C Bond"), has
heretofore been duly given and the City has conducted a public hearing on the
proposal to issue the Bond, all in the manner required by the Act, and the City
deems it necessary and advisable to proceed with the issuance, sale, and '
delivery of Bond in the amount of $400,000 as authorized and permitted by the
Act to finance the cost of the Enlarged Project to that amount; and
WHEREAS
. , the City will loan the proceeds of the Bonds to the Company
pursuant to the provisions of a Loan Agreement dated as of September 15, 1983,
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First Amendment thereto dated as of December 1, 1983, and Second Amendment
thereto to be dated as of June 15, 1985, between the City and the Company (the
"Loan Agreement"), which provides, in part for an obligation of the Company
which will be sufficient to!
pay the principal of an interest and prepayment
premium, if any, on the Series A and B Bonds and Series C Bond as and when the }
j sale shall be due, and
WHEREAS, the City will sell the Series C Bond to the Original
Purchaser as named and identified in the Indenture, First Supplement to
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Indenture and Second Supplement thereto (the "Purchaser") at a price of par and
accrued interest, and the City will execute and deliver a Second Supplement
j dated as of June 15, 1985 (the "Indenture") to Norwest Capital Management 6
Trust Co., Nebraska, Omaha, Nebraska (the "Trustee"), as Trustee for the !
bondholder.
WHEREAS, the Issuer has not judged the merits or value, if any, of the
Series C Bond and the Series C Bond, if issued, shall be a limited obligation of
the Issuer, and shall not constitute nor give rise to a pecuniary liability of
the Issuer or a charge against its general credit or taxing powers, and the
principal of and interest on the Series C Bond shall be payable solely out of
the revenues derived from the Enlarged Project financed by the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
AS FOLLOWS: j
I Section 1. It is hereby found and determined that the Enlarged !
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Project is located within the boundaries of the City. �
jSection 2. That the Bond in an aggregate principal amount of I
$400,000 to be and the same is hereby authorized and ordered to be issued by the
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City, and to provide for the authorization of an to Secure the Bond under the
Ant, to finance the Enlarged Project and necessary expenses incidental thereto
and to prescribe the terms and conditions upon which the Bond is to be secured,
executed, authenticated, accepted, and held, the Mayor is hereby authorized and
directed to execute and acknowledge the Indenture, and the Clerk is hereby
authorized and directed to attest the same and to affix the seal of the City
thereto and to cause the Indenture to be delivered to, accepted, and
acknowledged by the Trustee, the Indenture which constitutes and is hereby made
a part of this authorizing Resolution, to be substantially the fora, text and
containing the provisions set forth in the official record of the proceedings of
this seating by the Council. It is heretofore approved by the Attorneys of the
City and given due consideration and approval by this Council.
Section 3. That the City loan to the Company the proceeds of the Bond
pursuant to the Loan Agreement. That there be and there is hereby authorized
the execution of the add Second Amendment to Loan Agreement in the fors and
with the contents hereinafter set forth, and the Mayor is hereby authorised and
directed to execute and acknowledge the said Second Amendment to Loan Agreement,
and the Clerk is hereby authorized and directed to attest the sane and affix the
seal of the City thereto, the Loan Agreement, which constitutes and is hereby
made a part of this authorizing Resolution, to be In substantially the fors,
text, and containing the provisions set forth in the official records of the
proceedings hereof. It is hereby declared that the official form of the Loan
Agreement has been heretofore approved by the Attorneys for the City and given
due consideration and approval by this Council.
Section 4. That the sale of the Bond to the Purchaser upon the farms
of par and accrued interest be and the same is hereby directed and approved.
Section S. That the Mayor and the Clerk are hereby authorized and
directed to ezecutm any and all documents and do any and all things deemed
necessary in order to effect the acnomplishmeat of the Enlarged Project, the
issuance and sale of the Bond and the execution and delivery of the Loan
Agreement and the Indenture and to carry out the intent and purpose of this
Resolution.
3
RESOLUTION NO. 85-193
RESOLUTION AUTHORIZING EXECUTION AND FILING OF OWNER'S CONSENT
TO SUBDIVISION KNOWN AS RYERSON'S WOODS, JOHNSON COUNTY, IOWA.
WHEREAS, the City recently acquired from the Iowa Department of Transpor-
tation a parcel of land along relocated Highway 218 in Johnson County,
south of the 4-H Fairgrounds; and
WHEREAS, the City and Johnson County Agricultural Association, owner of
the Fairgrounds, have agreed to purchase a larger parcel of land from The
Iowa Law School Foundation; and
WHEREAS, it is necessary that said parcels be combined in a subdivision
before the City and Agricultural Association acquire title to the portions
each wishes to obtain; and
WHEREAS, Iowa Code (1985) Chapter 409 requires that the owner of land
included in any subdivision consent to subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
THAT:
1. The Mayor is authorized to sign and the City Clerk to attest, a
Consent of Owner to the subdivision known as Ryerson's Woods, Johnson
County, Iowa.
2. The City Attorney, or an Assistant City Attorney, is authorized to
record said Consent in the Office of the Recorder of Johnson County,
Iowa, among the subdivision papers for Ryerson's Woods, Johnson
County, Iowa.
It was moved by Ambrisco and seconded by rrdahl
the Resolution be a op e , and upon roll call there were:
AYES: NAYS: ABSENT:
x AMBRISCO
x BAKER
x DICKSON
ERDAHL
_x MCDONALD
STRAIT
X ZUBER
Passed and approved this 18th day of June 1985.
;a MAYOR
ATTEST: ACLE K .P X" 2
kacefvcd St AppM,Q
By Tho L09al DeparhM nt
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CONSENT OF OWNER
RYERSON'S WOODS, JOHNSON COUNTY, IOWA
The City of Iowa City, Iowa, being owner of Parcel II of the land
included in Ryerson's Woods, Johnson County, Iowa, legally described as:
PARCEL I. Beginning at the northwest corner of the southeast
quarter of Section 28, Township 79 North, Range 6 West of the 5th
Principal Meridian; thence N 89046'02" E, along the north line of
said southeast quarter, 1,506.15 feet, to a point on the westerly
right-of-way line of relocated U.S. Highway #218; thence S
01058'01" W, 709.83 feet, along said westerly right-of-way line
to an iron right-of-way pin with tablet found; thence S 15051'57"
W, 265.30 feet, along said westerly right-of-way line to an iron
right-of-way pin with tablet found; thence S 35013'57" W, 605.00
feet, along said Westerly Right -of -Way Line to an iron right-of-
way pin with tablet found; thence N 10021'30" E, 144.70 feet, to
the southwest corner of the east 14 rods of the northwest quarter
of said southeast quarter; thence N 89053'15" W, along the south
line of said northwest quarter, 522.20 feet; thence N 50051'30"
W, 734.50 feet, to the west line of said southeast quarter;
thence N 00022130" E, along said west line, 845.70 feet to the
point of beginning; and
PARCEL II. Beginning at the center of Section 28, Township 79
North, Range 6 West of the 5th Principal Meridian; thence S
00022130" W, 845.7 feet, along the east line of the southwest
quarter of said Section 28; thence S 50051'30" E, 734.5 feet, to
a point on the north line of the southwest quarter of the
southeast quarter of said Section 28, as presently fenced; thence
S 89053115" E (N 89051100" E recorded) 522.2 feet along said
north line as presently fenced; thence S 10021'30" W. recorded
144.7 feet; thence N 65034'00" W, 254.4 feet;. thence S 72029'15"
W, 612.6 feet; thence N 32005'00" W, 1025.0 feet; thence 14
25000'15"415" W, 730.7 feet to a point on the north line of said
southwest quarter; thence N 89054'00" E (N 89041'30" E recorded),
608.9 feet, along said north line to the point of beginning.
acknowledges that the subdivision as it appears on the plat of RYERSON'S
WOODS, JOHNSON COUNTY, IOWA, is with its free consent and in accordance
with its desires.
DATED at Iowa City, Iowa, this 18th day of -June , 1985.
The Ci of Iowa City, Iowa
By:
n c ona , ayor
Attest: //
Marian K. Karr, City Clerk
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1177
STATE OF I014A )
) SS:
JOHNSON COUNTY )
On this 18th day of .. -- June. A.D. 19 85 -,before me, the
undersigned, a f-tary Public in and for the State of Iowa, personally appeared
John McDonald and Marian K. Karr, to me personally known, who, being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of said
municipal corporation executing the within and foregoing instrument; that the
seal affixed hereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by
authority of the City Council of said municipal corporation, and that the said
John McDonald and Marian Karr acknowledges the execution of said instrument to
be the voluntary act and deed of said municipal corporation, by it and by them
voluntarily executed. (•��//� ��
Notapy Public in and for said County and State
1177
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RESOLUTION NO, 85-194
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF
HANDICAPPED ACCESSIBLE PUBLIC RGSTROONS UPPER CITY PARK
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WHEREAS, Bro an Construction of North Libert Iowa
has submitted tFFFERFM of0 31,940.00 for the construction of the
above-named project.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
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1. That the contract for the construction of the above-named project is
hereby awarded to IIro an Construction of North Libert Imra ,
subject to the con tion tat awar ee secure adequate performance —bo n j
insurance certificates, and contract compliance program statements. {
2. That the Mayor is hereby authorized to sign and the City Clerk to i
attest the contract for the construction of the above-named project, subject I
I to the condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements.
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It was moved b " Y Ambrisco and seconded by Strait that
the resolution as read e ado P_t_e, an upon roll call there were:
AYES: NAYS: ABSENT:s
x AMBRISCO
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x BAKER
x DICKSON
x ERDAHL f
x AJCDONALD
x STRAIT
- . I x_ ZUBER r
Passed and approved this 18th day of June 19 85.
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MAYOR
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ATTEST:
Ll TY CLERK
Neceiveu aX 1,pp .._.
By he Legal Deparhnent
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ADVERTISEMENT FOR BIDS
Sealed proposals will be received by
the City Clerk of the City of Iowa City,
Iowa, until 11:00 A.M. on the 11th day of
June, 1985, and opened immediately thereafter
by the City Engineer. Proposals will be
acted upon by the City Council at a meeting
to be held in the Council Chambers at 7:30
P.M. on June 18th, 1985, or at such later
time and place as may then be fixed.
The work will involve the following:
Construction of handicapped accessible
Public restroom facilities to be located
in Upper City Park, Iowa City, Iowa.
All work is to be done in strict compliance
with the plans and specifications prepared
by Hall Engineering Company, of Iowa City,
Iowa, which have heretofore been approved
by the City Council, and are on file for
public examination in the Office of the
City Clerk.
Whenever reference is made to the
"Standard Specifications", it shall be the
"Standard Specifications for Highway and
Bridge Construction", Series of 1984, Iowa
Department of Transportation, Ames, Iowa.
Each proposal shall be completed on
a form furnished by the City and must be
accompanied in a sealed envelope, separate
from the one containing the proposal, by
either of the following forms of bid security:
(1) a certified or cashier's check drawn on
a solvent Iowa bank or bank chartered under
the laws of the United States or a certified
share draft drawn on a credit union in Iowa
or chartered under the laws of the United
States, in a amount equal to 10% of the bid,
or (2) a bid bond executed by a corporation
authorized to contract as a surety in the
State of Iowa, in a penal sum of 10% of the
bid. The bid security shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the
City of Iowa City as liquidated damages
in the event the successful bidder fails to
enter into a contract ,within ten (10) days
and post bond satisfactory to the City insuring
the faithful performance of said work, if
required, pursuant to the provisions of this
notice and the other contract documents.
Checks of the lowest two or more bidders
may be retained for a period of not to exceed
fifteen (15) days until a contract is awarded
or rejection is made. Other checks will
be returned after the canvass and tabulation
of bids is completed and reported to the
City Council.
Payment to the Contractor will be made
as specified in the "Standard Specifications",
Article 1109.06.
The successful bidder will be required
to furnish a bond in an amount equal to
one hundred percent (100%) of the contract
price, said bond to be issued by a responsible
surety approved by the City Council and
shall guarantee the prompt payment of all
materials and labor and protect and save
harmless the City from claims and damages
of any kind caused by the operation of the
contract, and shall also guarantee the
maintenance of the improvement for a period
of one (1) year from and after its completion
and acceptance by the City.
The following limitations shall apply
to this'project:
Working Days: 30
Completion Date: August 9. 1985
Liquidated Damages: $100.00
The plans, specifications, and proposed
contract documents may by examined at
the Office of Francis K. Farmer, P.E., by
bona fide bidders. Return of all plans and
specifications to the City Engineer's office
in good condition within fifteen (15) days
after the opening of the bids.
Prospective bidders are advised that
the City of Iowa City desires to employ
minority contractors and subcontractors
on City projects.
The Contractor awarded the contract
shall submit a list of proposed subcontractors
along with quantities, unit prices and amount
before starting construction. If no minority
business enterprises (MBE) are utilized,
the Contractor shall furnish documentation
of all efforts to recruit MBE's.
A listing of minority contractors is
available and can be obtained from the Civil
Rights Specialist, at the Iowa City Civic
Center, by calling 319/356-5022.
By virtue of statutory authority,
preference will be given to products and
provisions grown and coal produced within
the State of Iowa, and to Iowa domestic
labor, to the extent lawfully required under
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Iowa Statutes. The Iowa Reciprocal
Preference Act (SF 2160) applies to the
contract with respect to bidders who are
not Iowa residents.
The City reserves the right to reject
any or all proposals and to waive technicalities
and irregularities.
Published upon order of the City Council
Of Iowa City, Iowa.
MARIAN KARR, CITY CLERK
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June 18 , 1985
The City Council of Iowa City, Iowa, met in
session, in the Council Chambers, Civic Center, 410
Washington St., Iowa City, Iowa, at 7:30 o'clock _p.M., on
the above date. There were present Mayor Mrnonald ,
in the chair, and the following named Council Members:
Ambrisco Baker. Erdahl McDonald Strait
Absent: Dickson. Zuber
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AHLCRS. COONEY. DORWVLER. HAYNIE. SMITH B ALLBEE. LAWYERS. DCS MOINES. IOWA
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June 18 , 1985
The City Council of Iowa City, Iowa, met in
session, in the Council Chambers, Civic Center, 410
Washington St., Iowa City, Iowa, at 7:30 o'clock _p.M., on
the above date. There were present Mayor Mrnonald ,
in the chair, and the following named Council Members:
Ambrisco Baker. Erdahl McDonald Strait
Absent: Dickson. Zuber
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AHLCRS. COONEY. DORWVLER. HAYNIE. SMITH B ALLBEE. LAWYERS. DCS MOINES. IOWA
Baker introduced the following
Resolution entitled "PRELIMINARY RESOLUTION FOR THE
CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CITY,
IOWA", and moved its adoption. Ambrisco seconded
the motion to adopt. The roll was called and the vote was,
AYES: Erdahl, McDonald, Strait Ambrisco
Baker
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted
as follows:
RES. 85-195
PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF
STREET IMPROVEMENTS IN THE CITY OF IOWA CITY,
IOWA
WHEREAS, this Council, after a study of the requirements,
is of the opinion that it is necessary and desirable that
portland cement concrete be constructed within Iowa City, Iowa,
as hereinafter described; and
WHEREAS, it is proposed that said project be constructed as
a single improvement under the authority granted by Division IV
of Chapter 384 of the City Code of Iowa:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Subdivision A. That Iowa City, Iowa, construct Portland
cement concrete, as hereinafter described.
Subdivision B. The beginning and terminal points of said
improvements shall be as follows:
Construction of portland cement concrete alley pavement
Class C, six inches thick and incidental related work in
the alleys on the blocks as follows:
Raphael Place Addition: (Parsons Avenue West to
Clapp Street)
Lyon's First Addition - Block 1: (Bowery Street north
to Ralston Creek)
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AHLCRS. COONEY. DO"W4LER, HAYNIE, SMITH S ALLSC[, LAWYERS, DCS MOINES. IOWA
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Pleasant Place Second Addition - Block 5: (Davenport
Street North a distance of 75 feet, East and West)
Subdivision C. That the City Engineer of Iowa City, Iowa,
having been employed as engineer to prepare plats, schedules,
estimates, plans and specifications and otherwise to act in
said capacity with respect to said project is hereby ordered to
prepare and file with the Clerk preliminary plans and
specifications and estimates of the total cost of the work and
the plat and schedule of special assessments against benefited
properties.
Subdivision D. That this Council hereby determines that
all property within the area hereinafter described will be
specially benefited by said improvements, to -wit:
Raphael Place Addition from Parsons Avenue west to Clapp Street
- North Side
The East 40 feet of Lot 12, Raphael Place Addition
The West 40 feet of Lot 12, Raphael Place Addition
Lot 11, Raphael Place Addition
Lot 10, Raphael Place Addition
Lot 9, Raphael Place Addition
The East 40 feet of Lot 8, Raphael Place Addition
The West 40 feet of Lot 8, Raphael Place Addition
Lot 7, Raphael Place Addition
Lot 6, Raphael Place Addition
Lot 5, Raphael Place Addition
Lot 4, Raphael Place Addition
The East 40 feet of Lot 3, Raphael Place Addition
The West 40 feet of Lot 3, Raphael Place Addition
The East 50 feet of Lot 2, Raphael Place Addition
The West 30 feet of Lot 2, Raphael Place Addition
The East 25 feet of Lot 1, Raphael Place Addition
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AHLUI. COONCY, DORW[IL[R. HAYNIL SMITH 0 ALL![C. LAWYERS. DES MOINES. IOWA
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The West 55 feet of Lot 1, Raphael Place Addition
Raphael Place Addition from Clapp Street to Parsons Avenue
-South Side
Beginning 20 feet South of the Southwest corner of Lot 1,
Raphael Place Addition, thence South 90 feet, East 150
feet, North 90 feet and West 150 feet to the beginning.
Commencing at the Southwest corner of Lot 22, Raphael Place
Addition, thence East 23.5 feet to the beginning thence
North 120 feet, East 10 feet, North 30 feet, West 33.5
feet, South 90 feet, West 61.37 feet, South 60 feet and
East 86 feet to the beginning.
Lot 22, Raphael Place Addition, except the West 23.5 feet
and the West 33.5 feet of the North 30 feet thereof.
Lot 21, Raphael Place Addition
The West 40 feet of Lot 20, Raphael Place Addition
The East 40 feet of Lot 20, Raphael Place Addition
The West 70 feet of Lot 19, Raphael Place Addition
The East 10 feet of Lot 19, Raphael Place Addition
The West 40 feet of Lot 18, Raphael Place Addition
The East 40 feet of Lot 18, Raphael Place Addition
The West 40 feet of Lot 17, Raphael Place Addition
The East 40 feet of Lot 17, Raphael Place Addition
The West 40 feet of Lot 16, Raphael Place Addition
The East 40 feet of Lot 16, Raphael Place Addition
The West 40 feet of Lot 15, Raphael Place Addition
The East 40 feet of Lot 16, Raphael Place Addition
Lot 14, Raphael Place Addition
Lot 13, Raphael Place Addition
Lyon's First Addition, Block 1, from Bowery Street north to
Ralston Creek - East Side
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AHLCR9. COONEY. oORWCILCR. MAYNIC. SMITH a ALLBCC. LAWYCRB, DC8 MOINCB. IOWA
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The West 55 feet of Lot 1, Raphael Place Addition
Raphael Place Addition from Clapp Street to Parsons Avenue
-South Side
Beginning 20 feet South of the Southwest corner of Lot 1,
Raphael Place Addition, thence South 90 feet, East 150
feet, North 90 feet and West 150 feet to the beginning.
Commencing at the Southwest corner of Lot 22, Raphael Place
Addition, thence East 23.5 feet to the beginning thence
North 120 feet, East 10 feet, North 30 feet, West 33.5
feet, South 90 feet, West 61.37 feet, South 60 feet and
East 86 feet to the beginning.
Lot 22, Raphael Place Addition, except the West 23.5 feet
and the West 33.5 feet of the North 30 feet thereof.
Lot 21, Raphael Place Addition
The West 40 feet of Lot 20, Raphael Place Addition
The East 40 feet of Lot 20, Raphael Place Addition
The West 70 feet of Lot 19, Raphael Place Addition
The East 10 feet of Lot 19, Raphael Place Addition
The West 40 feet of Lot 18, Raphael Place Addition
The East 40 feet of Lot 18, Raphael Place Addition
The West 40 feet of Lot 17, Raphael Place Addition
The East 40 feet of Lot 17, Raphael Place Addition
The West 40 feet of Lot 16, Raphael Place Addition
The East 40 feet of Lot 16, Raphael Place Addition
The West 40 feet of Lot 15, Raphael Place Addition
The East 40 feet of Lot 16, Raphael Place Addition
Lot 14, Raphael Place Addition
Lot 13, Raphael Place Addition
Lyon's First Addition, Block 1, from Bowery Street north to
Ralston Creek - East Side
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AHLCR9. COONEY. oORWCILCR. MAYNIC. SMITH a ALLBCC. LAWYCRB, DC8 MOINCB. IOWA
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The West 75 feet of Lot 8, Block 1, Lyon's First Addition
Lot 7, Block 1, Lyon's First Addition
Lot 6, Block 1, Lyon's First Addition
The South 30 feet of Lot 5, Block 1, Lyon's First Addition
The North 30 feet of Lot 5, Block 1, Lyon's First Addition
Lot 4, Block 1, Lyon's
Lot 3, Block 1, Lyon's
Lot 2, Block 1, Lyon's
Lot 1, Block 1, Lyon's
The South 40 feet of LI
Lyon's First Addition, Blol
Ralston Creek - West Side
First Addition
First Addition
First Addition
First Addition
)t 5, Berryhill & Pierce Addition
;k 1, from Bowery Street north to
Lot 9, Block 1, Lyon's First Addition
Lot 10, Block 1, Lyon's First Addition
Lot 11, Block 1, Lyon's First Addition
Lot 12, Block 1, Lyon's First Addition
Lot 13, Block 1, Lyon's First Addition
Lot 14, Block 1, Lyon's First Addition
Lot 15, Block 1, Lyon's First Addition
Lot 16, Block 1, Lyon's First Addition
Beginning at a point 41 feet East of the Southwest corner
of Lot 6, Block 1, Berryhill & Pierce Addition, East 109
feet, North 73 feet, Northeasterly 24 feet, North 92 feet,
Southwesterly to the beginning
Pleasant Place Second Addition, Block 5, Davenport Street north
a distance of 75 feet - East and West Sides
The West 71.08 feet of Lots 2, 3 and 4 of Block 5, Pleasant
Place Second Subdivision
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AHLCHS. COONEY. DOMWCILCR. HAYNIE. SINN. 0 ALIBLE. U.WYCMS. DCS MOINES. IO.A
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The East 100 feet of the South 55 feet of Lot 6 and the
North 20 feet of the East 100 feet of Lot 5, Irish's
Extension of Wood's Addition
Subdivision E. The said improvement shall be designated as
the "FY1986 Alley Paving Assessment Project", and such name
shall be a sufficient designation to refer to said improvement
in all subsequent proceedings.
PASSED AND APPROVED this 1Rrh day of T,,,,r ,
1985.
ayor
ATTEST:
AMLERE, COONEY, DORWMER, HAYNIE. SMITH a ALLBEE. LAWYERS, DCS HOMES. IOWA
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The East 100 feet of the South 55 feet of Lot 6 and the
North 20 feet of the East 100 feet of Lot 5, Irish's
Extension of Wood's Addition
Subdivision E. The said improvement shall be designated as
the "FY1986 Alley Paving Assessment Project", and such name
shall be a sufficient designation to refer to said improvement
in all subsequent proceedings.
PASSED AND APPROVED this 1Rrh day of T,,,,r ,
1985.
ayor
ATTEST:
AMLERE, COONEY, DORWMER, HAYNIE. SMITH a ALLBEE. LAWYERS, DCS HOMES. IOWA
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Baker introduced the following
Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and
moved its adoption. Amhr;crn seconded the motion
to adopt. The roll was called and the vote was,
AYES: Erdahl McDonald, Strait, Ambrisco,
Baker
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted
as follows:
RES. 8S-196
RESOLUTION FIXING VALUES OF LOTS
WHEREAS, this Council after full investigation, has
arrived at a determination of the value of each lot located
within the FY1986 Alley Paving Assessment Project, said
valuation being set forth in a preliminary schedule entitled
"Schedule of Assessments", under the column therein headed
"Property Value":
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
That said schedule of values, hereinabove referred to, be
and the same is adopted as the valuations of the lots, with the
proposed public improvements completed, within the boundaries
of said improvements and the Clerk is hereby directed to
forthwith deliver the same to the City Engineer, for said
project, said Engineer to insert said values in the schedule of
assessments which is to be prepared and filed with this
Council.
PASSED AND APPROVED, this 18th day of June ,
1985. ^
ayor li/LJJ\
ATTEST:
Cle k
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ANLERS, COONEY. DORWEILER. HAYNIE. SMITH S ALLREE. LAWYERS. DCS MOINES. IOWA
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Baker introduced the following
Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND
SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF THE FY1986 ALLEY PAVING
ASSESSMENT PROJECT" and moved its adoption. Ambrisco
seconded the motion to adopt. The roll was called and the vote
was,
AYES: i
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted
as follows:
RES. 85-197
RESOLUTION ADOPTING PRELIMINARY PLAT AND
SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF THE
FY1986 ALLEY PAVING ASSESSMENT PROJECT
WHEREAS, this Council has caused to be prepared preliminary
Plat, schedule and estimate of cost, together with plans and
specifications, for the construction of the FY1986 Alley Paving
Assessment Project, and this Council has fixed the valuations
of the property proposed to be assessed as shown therein; and
WHEREAS, the Council finds that each lot separately
assessed in the schedule of assessments meets the definition of
a lot as described in Iowa Code Section 384.37(5) or in the
case of lots consisting of multiple parcels that the parcels
have been assembled into a single unit for the purpose of use
or development; and
WHEREAS, said plat and schedule, estimate of cost and plans
and specifications appear to be proper for the purpose
intended:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
That said plat and schedule, estimate of cost and plans and
specifications be and the same are hereby adopted as the
proposed plat, schedule, estimate of cost and plans and
specifications for said improvements and are hereby ordered
placed on file with the Clerk for public inspection.
AHLCRB. COONEY, 001,01[1. HAYNIC. SMITH C ALLOCC, LAWYERS, DCB MOINES. IOWA
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BE IT FURTHER RESOLVED, that the boundaries of the District
for the making of said improvements, as shown in the Engineer's
plat, be and the same are hereby fixed as the boundaries for
said FY1986 Alley Paving Assessment Project.
PASSED AND APPROVED, this 18th day of June
1985.
ATTEST: y / 1
J/��AiAN� -e ;gd
Clerk
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AHLER6. COONEY. DORWEILER, I AYNI[. SMITH 0 ALLSEE, LAWYERS, DES MOINES, IOWA
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Raker introduced the following
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Resolution entitled RESOLUTION OF NECESSITY (PROPOSED) ", and
moved its adoption.
P Aallen seconded the motion
r � to adopt: The roll was called and the vote was,
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! AYES: Ardahl Mcllnnald Str^it Amhricrn�
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NAYS: None
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Whereupon, the Mayor declared the resolution duly adopted
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as follows:
RES. 85-198
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RESOLUTION OF NECESSITY (PROPOSED)
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! WHEREAS, preliminary plans and specifications and plat and
schedule and estimate of cost are now on file in the office of
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the Clerk showing the boundaries of the district, containing
�- the properties and lots to be assessed, locations of the
improvements, each lot proposed to be assessed, together with a
valuation of each lot as fixed by the Council, an estimate of
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the cost of the entire proposed improvements, stating the cost
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of each type of construction and kind of materials to be used,
and an estimate of the amount proposed to be assessed against
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Assessment Project, as hereinafter described, in Iowa City,
Iowa:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
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OF IOWA CITY, IOWA:
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That it is deemed desirable, advisable and necessary to
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- construct as a single improvement the FY1986 Alley Paving
Assessment Project, in Iowa City, Iowa.
Said district containing the properties to be assessed is
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set out and described in the following "Notice to Property
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Owners", set out in this Resolution.
Said improvements within said District are located and
described in the following "Notice to Property Owners", set out
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in this Resolution.
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The method of construction shall be by contract.
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ANLC"B. COONEY, DO"WCILCR, HAYNIC. SMITH G ALLGCC. LAWYC"B. DEE; MOINES. IOWA
Costs of said improvements will be assessed to the
properties within the boundaries of the district. No property
shall be assessed more than it is benefited by the improvements
nor more than 258 of its value on the date of its assessment.
Said assessment may include a ten percent Default and
Deficiency Fund, as authorized by Section 384.44, City Code of
Iowa.
A plat and schedule and estimate of costs are now on file
in the office of the Clerk as required by law.
Any difference between the amount which is derived from
cash payments made by property owners during the thirty day
collection period and the sale of Improvement Bonds issued
against assessments on benefited properties and the total cost
of the improvements, shall be paid for from the proceeds
derived from the issuance and sale of bonds as authorized by
Section 384.25, City Code of Iowa, and/or from such other funds
of said Municipality as may be legally used for such purpose.
BE IT FURTHER RESOLVED, that this Council meet at 7:30
o'clock �P.M., on the � 5th day of Julv , 1985 in
the Council Chambers, Civic Center, 41-0E' Washington St., for
the purpose of hearing property owners subject to assessment
and interested parties for or against the improvement, its
cost, the assessment, or the boundaries of the district.
Unless a property owner files objections with the Clerk at the
time of the hearing on this Resolution, he shall be deemed to
have waived all objections pertaining to the regularity of the
proceedings and the legality of using special assessment
procedure.
BE IT FURTHER RESOLVED, that the Clerk is hereby instructed
to cause notice to be published and mailed as required by law
of the pendency of this resolution and of the time and place of
hearing objections thereto, and to the said preliminary plans
and specifications, estimate of costs and to the making of said
improvements; said Notice to be in substantially the following
form:
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AHLERS. COONEY. DONWEILEa. HAYNIE. SMITH a ALLBEE. LAWYERS, Dee MOINES. IOWA
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`CITY OF IOWA CITY
CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
NOTICE TO PROPERTY OWNERS
Notice is hereby given that there is now on file for public inspection in the
office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of
Necessity, an estimate of costs and plat and schedule showing the amounts
proposed to be assessed against each lot and the valuation thereof within the
district as approved by the Council of Iowa City,Iowa, for a street improve-
ment, designated as the FY1986 Alley Paving Assessment Project, of the types
and in the location as follows:
Construction of portland cement concrete alley pavement Class C, six
inches thick and incidental related work in the alleys on the blocks as
follows:
Raphael Place Addition: (Parsons Avenue West to Clapp Street)
Lyon's First Addition - Block 1: (Bowery Street north to Ralston
Creek)
Pleasant Place Second Addition - Block 5: (Davenport Street North a
distance of 75 feet, East and West)
That the proposed district to be benefited and subject to assessment for the
cost of such improvements is described as follows:
Raphael Place Addition from Parsons Avenue west to Clapp Street - North Side
The East 40 feet of Lot 12, Raphael Place Addition
The West 40 feet of Lot 12, Raphael Place Addition
Lot 11, Raphael Place Addition
Lot 10, Raphael Place Addition
Lot 9, Raphael Place Addition
The East 40 feet of Lot 8, Raphael Place Addition
The West 40 feet of Lot 8, Raphael Place Addition
Lot 7, Raphael Place Addition
Lot 6, Raphael Place Addition
Lot 5, Raphael Place Addition
Lot 4, Raphael Place Addition
The East 40 feet of Lot 3, Raphael Place Addition
The West 40 feet of Lot 3, Raphael Place Addition
The East 50 feet of Lot 2, Raphael Place Addition
The West 30 feet of Lot 2, Raphael Place Addition
The East 25 feet of Lot 1, Raphael Place Addition
The West 55 feet of Lot 1, Raphael Place Addition
V
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Raphael Place Addition from Clapp Street to Parsons Avenue - South Side
Beginning 20 feet South of the Southwest corner of Lot
1, Raphael Place
Addition, thence South 90 feet, East 150
feet, North 90
feet and West 150
feet to the
beginning.
Commencing
at the Southwest corner of
Lot 22, Raphael
Place Addition,
thence East
23.5 feet to the beginning,
thence North 120 feet, East 10
feet,
North
30 feet, West 33.5 feet, South
90 feet, West
61.37 feet, South
60
feet and
East 86 feet to the beginning.
Lot
22, Raphael
Place Addition, except
the West 23.5 feet and the West
33.5
feet
of the north 30 feet thereof.
Lot
21, Raphael
Place Addition
The
West 40
feet of Lot 20, Raphael Place
Addition
The
East 40
feet of Lot 20, Raphael Place
Addition
The
West 70
feet of Lot 19, Raphael Place
Addition
The
East 10
feet of Lot 19, Raphael Place
Addition
The
West 40
feet of Lot 18, Raphael Place
Addition
The
East 40
feet of Lot 18, Raphael Place
Addition
The
West 40
feet of Lot 17, Raphael Place
Addition
The
East 40
feet of Lot 17, Raphael Place
Addition
The
West 40
feet of Lot 16, Raphael Place
Addition
The
East 40
feet of Lot 16, Raphael Place
Addition
The
West 40
feet of Lot 15, Raphael Place
Addition
The
East 40
feet of Lot 16, Raphael Place
Addition
Lot
14, Raphael Place Addition
Lot
13, Raphael Place Addition
Lyon's
First Addition, Block 1, from Bowery
Street north to
Ralston Creek -
East Side
The
West 75 feet of Lot 8, Block 1, Lyon's
First Addition
Lot
7, Block
1, Lyon's First Addition
Lot
6, Block
1, Lyon's First Addition
The
South 30
feet of Lot 5, Block 1, Lyon's
First Addition
The
North 30
feet of Lot 5, Block 1, Lyon's
First Addition
Lot
4, Block
1, Lyon's First Addition
Lot
3, Block
1, Lyon's First Addition
Lot
2, Block
1, Lyon's First Addition
Lot
1, Block
1, Lyon's First Addition
The
South 40
feet of Lot 5, Berryhill & Pierce
Addition
Lyon's
First Addition, Block 1, from Bowery
Street north to
Ralston Creek -
West Side
Lot
9, Block
1, Lyon's First Addition
Lot
10, Block
1, Lyon's First Addition
Lot
11, Block
1, Lyon's First Addition
Lot
12, Block
1, Lyon's First Addition
Lot
13, Block
1, Lyon's First Addition
Lot
14, Block
1, Lyon's First Addition
Lot
15, Block
1, Lyon's First Addition
Lot
16, Block
1, Lyon's First Addition
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Beginning at a point 41 feet East of the Southwest corner of Lot 6, Block
1, Berryhill & Pierce Addition, East 109 feet, North 73 feet, North-
easterly 24 feet, North 92 feet, Southwesterly to the beginning.
Pleasant Place Second Addition, Block 5, Davenport Street north a distance of
75 feet - East and West Sides
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The West 71.08 feet of Lots 2, 3 and 4 of Block 5, Pleasant Place Second
Subdivision
The East 100 feet of the South 55 feet of Lot 6 and the North 20 feet of
the East 100 feet of Lot 5, Irish's Extension of Wood's Addition.
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The Council will meet at 7:30 o'clock p.m. on the 16th day of July, 1985, at
the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City,
Iowa, at which time the owners of property subject to assessment for the
proposed improvements or any other person having an interest in the matter
may appear and be heard for or against the making of the improvement, the
boundaries of the district, the cost, the assessment against any lot, tract
or parcel of land or the final adoption of a Resolution of Necessity. A
property owner will be deemed to have waived all objections unless at the j
time of Hearing he has filed objections with the Clerk.
This Notice is given by authority of the Council of the City of Iowa City,
Iowa.
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C1eFk, Iowa City, Iowa '
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INTRODUCED AND PROPOSED at a meeting held on the 18th day
of .lime r 1985.
ATTEST:
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AHLCRB, COONEY. DORWEILER, HAYNIE, SMITH 0 ALLOCE. LAWYER!. OC! HOMES, IOWA
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Posted: 6/14/85 @ 3:30 p.m.
Removed: G/9/fs eve'V11. 1a/
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: June 18, 1985
Time of Meeting: 7:30 P.M.
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Place of Meeting: Cou410nEi1Washington St`.,cIowa tCity, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
Procedure to initiate the FY1986 Alley Paving Assessment
Project.
- Preliminary resolution for construction.
- Resolution fixing values of lots-
- Resolution adopting preliminary plat and
schedule, estimate of cost and proposed plans
and specifications.
- Resolution of necessity (Proposed).
Suchadditionalmapsare set forth n the addi-
tional0age(s)attached hereto
(number)
This notice is given at the direction of the Mayor
pursuant to Chapter 21, Code of Iowa, and the local rules of
said governmental body.
C t Clerk, Iowa City, Iowa
AMLE"S, COONCT. DonWOLP.. HAYNIE. SMITH ! ALLSEE. LAWYENi. DES MOINES. IOW.
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CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby
certify that attached is a true and complete copy of the
portion of the corporate records of said Municipality showing
proceedings of the Council, and the same is a true and complete
copy of the action taken by said Council with respect to said
matter at the meeting held on the date indicated in the
attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting
and all action thereat was duly and publicly held in accordance
with a notice of meeting and tentative agenda, a copy of which
was timely served on each member of the Council and posted on a
bulletin board or other prominent place easily accessible to
the public and clearly designated for that purpose at the
principal office of the Council (a copy of the face sheet of
said agenda being attached hereto) pursuant to the local rules
of the Council and the provisions of Chapter 21, Code of Iowa,
upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as
required by said law and with members of the public present in
attendance; I further certify that the individuals named
therein were on the date thereof duly and lawfully possessed of
their respective city offices as indicated therein, that no
council vacancy existed except as may be stated in said
proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization,
existence or boundaries of the City or the right of the
individuals named therein as officers to their respective
positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 18th day of June , 1985.
SEAL
Cit Clerk, Iowa City, Iowa
AHLCRS. COONEY, OORWEILER. HAYNIE, SMITH a ALLSEE. LAWYCHs, OCs MOINES. IOWA
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MAYOR AND CITY =NCL JUNI 4 1984
IOWA CITY, IOWA MARIAN K. KARR
COUNCIL PERSONS- CITY CLERK (3)
We, the undersigned, being property owners abutting and adjacent to the
alley in Block 1 of Lyon's first addition in Iowa City, Iowa, hereby
petition that the following improvement, concrete pavement be made on
said alley from Bowery Street to Ralston Creek, and in consideration of
the City Council of Iowa City, Iowa, constructing and ordering said
Improvement and realising that the sue will be assessed against the
abutting and adjacent property hereby consent that the City Council have
Jurisdiction of us to pass a Resolution of Necessity and construct the
improvement in whole or in part by special assessment.
This petition is signed by each of us with the full understanding that
the City Council of ion City, Iowa, will rely upon this petition in
ordering the improvements and levying the assessment.
NAn
I I E I
!UN 4 1984
. YOft, MAI ._r: rl�.:.•.r. MARIAN K. KARR
.o:,a :r..o..A
CCU:.C:L MUCYs:
CITY CLERK (3)
x'e, the urdamirned, tsinr pronerty owrers abuttinv a:,d adjacent to the
alley in Blocr i of Lyon's first addition in lova City, :ova. hereby
petition that the follovinp improvement, concrete pavement oe made on
said alley from Bowery Street to Ralston Creek, and in consideration of
the City Council of :ova Citv, lova, constructing and ordering said
Improvement and realiainr• that the same will be assessed arainst the
abuttinr and adjacent property hereby consent that the City Council have
jurisdiction of us to past a Resolution of Necessity and construct the
improvement in whole or in part by special assessment.
This petition is sinned by each of us with the full understanding: that
the City :ouncil of iota City, Iowa, will rely upon this petition ir.
orderinr the improvements and levvinr the assessment.
WAwr ennorec
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4 1984
MAYOR AND CifY COUNC-IL
100A CITY, 1MARIAN K. KARR104
CITY CLERK (3)
CCU%,CiL PERS043:
we, the urdersirped, being Property owners abuttinv and adjacent to the
alley in Block 1 of Lyen's first addition in,lowa City, Iowa, hereby
petition that the followinp, imDrovement, concrete navament he made an
said alley from Bowery Street to Ralston Creek, and in conside nticn of
the City Council of 1cwa City, Iowa, constructlnr and ordering said
improvement and ro.al!zinr, that the same will be assessed arainst the
abuttiur and adjacent property hereby consent that the City Council have
jurisdiction of us to pass a Resolution of Uecessity ata.' construct the
improvement in whole or in part by specLtl assessment.
This petition is aimed by each of us with the full understanding that
the City Council of Iowa City, Iowa, will rely upon this petition it
onderinr the improvements and levyinv the asaassment.
mnFESS
�IN
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FA ,= I Dates J=o 1984
TOS3�—��YaI � 8�_Y39� And City Council,
RELj'21 Hl !k (_two) lrr�a71e9 South at Rochester Ave..Rorth of RaFa Ave..
TeQ! s, lato C7apa ! treat and same direct7,p into Market Street m the West and tea! s.
1IItA�Ihrsaos�S.treet_as_the_F.ast. _..
As residents abnttiag_the discribed a714y res are Petitioning the CLty of Ina City]
ta�ssl shing�b u��roP�CLFs.aigh�Li4.,3t a were wed br
lnat w nerm7.a thav�7.d be no mobil6 but�a became a ffiawuahtars toe a
lot of Paopla including Rads students and others that rant to• go ENth on Eva=
Street Ws vearlti ]!ka it bard �md and w dont feel as thaoah the fall cost
shnn1d be aeo+al ad nn uaaleea *=uaa of U!s-usage WA hayt
' g�ala4Sida�llls 14as tan to thirty y�
PEW
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Date jure 104'
*es iaw �Iaa*ts Maaaaar >r ad City council.
R -L-( Hlock (tw) laoa alley South n! Ra�hestar A�e.�HorFh of Hots Ata..
Too! Sat_q• _Qapp Street and rims direotly iato &gRt Street an the je sad tests-
Sato_Fhrsms.Sttest.�tha_8aet.
As raddeats abottia¢ the diearibed a13M wars P-0990-ist_ths Cit- o! Iola ami
fn de soffit-.s+�•pBi1�nS D`DS? _ EM-ECK 4. _�T%M4.— alieY wre need ba'
lnet ve neoo a iHa.e Ie9U hs no mgmblwo but it has bacons a thoraeah>tirs top a
o! 2goulm aewi•,• l= Ramat stidsats andL others that taat•to-so Scath mzva=
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�) -mAR1AN-K_KARR
CITY CLERK (3)•
MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
GENTLEMEN:
We, the undersigned, being property owners abutting and adjacent
T*e"rn�
-�aac "'� E D•+•� Street, in Iowa City,
.. —_._^'7 l rum 9AwT 'P.•11.�
5....i L6. Ads= t 4.+ e J 9 t L iw. �..
N.m9 3.ii/ qAQF '�•. f i %.a * cc Ls i.e • c w._.. _ - ••wir ..�
v arms au consaaaration of the �i�yZeunp'i�f 1own y, pwa, �••••c• w,,�y
constructing and ordering said improvement and realising,that the
Sams will be completed against the abutting and adjacent property
hereby consent that the City Council have jurisdiction of us to
pass a Resolution of Necessity and hereby specifically waive the
right to appeal from the asaw.ssment to be levied against our property
In access of the benefits derived therefrom, and in excess of
twenty-five per cent of the value of the property.
This petition is signed by each of us with the full understanding
that the City Council of Iowa, Iowa, will rely upon this petition
In ordering in the improvements and levying the assessment,
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RESOLUTION NO. 85-199
RESOLUTION AUTHORIZING EXECUTION OF URBAN RENEWAL CONTRACT
AND DELIVERY OF DEED FOR URBAN RENEWAL PARCEL 65-2B
WHEREAS, the City of Iowa City has solicited bids for the sale of Urban Renewal
Parcel 65-2b in downtown Iowa City, and,
WHEREAS, on March 12, 1985, the City Council adopted Resolution No. 85-64
giving notice of its intention to accept an urban renewal redevelopment
proposal from Small -Mears Building Company - Iowa City, a partnership owned by
Philip Mears and Arthur Small, Jr., and,
WHEREAS, the City of Iowa City does wish to accept the redevelopment proposal
of Small -Mears Building Company - Iowa City providing for the redevelopment of
Urban Renewal Parcel 65-2b.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That pursuant to the provisions of Chapter 403 of the Code of Iowa the
Mayor and the City Clerk are authorized and directed to execute on behalf
of the City the attached contract for sale of land for private redevelop-
ment between the City and Small -Mears Building Company - Iowa City.
2. That the Mayor and the City Clerk are authorized and directed to execute
deeds and other conveyances as needed to carry out the terms and provisions
of the redevelopment contract.
3. The Mayor and the City staff are authorized to make non -material changes in
the contract prior to execution thereof without the necessity of further
City Council action if circumstances require.
It was moved by - Erdahl .... and seconded by Strait the
Resolution be adopted, and upon ro call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
X ERDAHL
X MCDONALD
X_ STRAIT
x ZUBER
Passed and approved this 1Rth day of 4ne
Q1985.
ATTEST: ?JZQau.J ay 9e.,n)
CI CLERK
Receiver! S Approved
By The legyl Departmenl
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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 theday of,
19 RS by and between the City ofwa IoC ty a, a public a' b dy corporate
together with any successor public body or officer hereafter desig-
nated by or pursuant to law, 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 Small -Me
Com an (hereinafter called "R -fie oper an having
an o ice or t e transac ion of business at Suite 6 Paul -Helen Bldg.
Iowa City, Iowa 52240 WITNESS�—
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
armed fromtimeto 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
available for development by private enterprise for redevelopment in accor-
dance with the Urban Renewal Plan, both the Federal Government and the City
have undertakentd proves andTiave 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
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the other as follows:
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SECTION 1. SALE: PURCHASE PRICE
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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
j City and pay therefor, the amount set forth in Schedule B hereof, subject
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to the terms and conditions of Section 2 of this Agreement. The amount
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set forth in Schedule B, hereinafter called "Purchase Price," is to be
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paid in cash or by certified check simultaneously with the delivery of
the deeds conveying the property to the Redeveloper.
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SECTION 2. CONVEYANCE OF PROPERTY
1 (a) Form of Deed. The City shall convey to the Redeveloper title to the
property by 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:
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(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�edic tion 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
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Urban Renewal Plan and Part I and Part II of this Contract.
(b) Timeand Place for Deliver of Deeds. The City shall deliver the
Oee 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) Recording of Deeds. The Redeveloper shall promptly file the Deed
for recording among the land records of Johnson County, Iowa. The
Redeveloper shall pay all costs for so recording said Deed. This
Contract for Sate 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) Deliver of Pro ert . The City will deliver the property described
in Schedu e 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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(f) Default b�Deevvello ear. In the event the Redeveloper fails to accept
de iveT ry 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
t e issuance of such 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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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 CitAccessrCommitmas ent andthe
CitysPlaza Design Assista
See Schedule E attached:
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 I
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. i
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
erea er, unless changed by the City Council.
SECTION 7. 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
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(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.
SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION
The Redeveloper shall submit to the City, on or before August 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
Grant program.
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IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed
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
as of the day first above written.
CITY OF IOWA CITY, IOWA: i
ATTEST:
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7%1ni w) 9Y xO f� BY:
CI CLERK AYOR
STATE OF IOWA ) V
ss: j
COUNTY OF JOHNSON ) {
On this 18th day of June A.D., 1985 before me, a Notary j
Public duly commissioned and qualified in and for said County and State, I i,
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
t I 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.
Notay Public in and for Johnson
County, State of Towa
My Commission expires Sept. 23. 1985 j
Redeveloper
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ATTEST:
� BY:
President
Secretary 1
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IN WITNESS WHEREOF, Small -Mears Building Company has
caused this agreement to be executed on its behalf.
SMALL-MEARS BUILDING COMPANY
By:
Sa-dz-
;a I 1,
A General Partner
By: 1
Philipear ,
A General P rtner
On this!day of �1985, before
me, the undersigned, a Notary Public in and for the State
of Iowa, personally appeared Art Small and Philip Mears, to
me personally known, who being by me duly sworn, did say
that the persons are partners of Small -Mears Building Company,
a partnership, and that the instrument was signed on behalf
of the partnership by authority of the partners and the
partners acknowledged the execution of the instrument to be
the voluntary act and deed of the partnership by it and by
the partners voluntarily executed.
e
is n an fo said
d State
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IN WITNESS WHEREOF, Small -Mears Building Company has
caused this agreement to be executed on its behalf.
SMALL-MEARS BUILDING COMPANY
By:
Sa-dz-
;a I 1,
A General Partner
By: 1
Philipear ,
A General P rtner
On this!day of �1985, before
me, the undersigned, a Notary Public in and for the State
of Iowa, personally appeared Art Small and Philip Mears, to
me personally known, who being by me duly sworn, did say
that the persons are partners of Small -Mears Building Company,
a partnership, and that the instrument was signed on behalf
of the partnership by authority of the partners and the
partners acknowledged the execution of the instrument to be
the voluntary act and deed of the partnership by it and by
the partners voluntarily executed.
e
is n an fo said
d State
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IN WITNESS WHEREOF, Small -Mears Building Company has
caused this agreement to be executed on its behalf.
SMALL-MEARS BUILDING COMPANY
By:
Sa-dz-
;a I 1,
A General Partner
By: 1
Philipear ,
A General P rtner
On this!day of �1985, before
me, the undersigned, a Notary Public in and for the State
of Iowa, personally appeared Art Small and Philip Mears, to
me personally known, who being by me duly sworn, did say
that the persons are partners of Small -Mears Building Company,
a partnership, and that the instrument was signed on behalf
of the partnership by authority of the partners and the
partners acknowledged the execution of the instrument to be
the voluntary act and deed of the partnership by it and by
the partners voluntarily executed.
e
is n an fo said
d State
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SCHEDULE A
All that certain Rarcel or parcels of lan located in the City of Iowa City,
County of Johnson State of Iowa, mor particularly described as follows
to -wit:
(Legal description to provided pri to conveyance.)
Commencing at the Northwes corner of Lot 4, Block 65, the Original Town
of Iowa City, Iowa, accordin to th recorded plat thereof; thence North
90 degrees 0'0" East, and ass ed aring, along the Southerly right-of-way
line of Washington Street, 60.2 f et; thence South 0 degrees 0312" West,
74.04 feet to the point of begin thence South 89 degrees 53'47" East,
20.24 feet; thence South 0 degr s Q1 East, 32.32 feet; thence South
89 degrees 30'55" West, 10.31 f et; th ce South 0 degrees 22'52" East,
3.83 feet; thence South 89 de ees 43136 est, 10.11 feet; thence North
0 degrees 3'2" East, 36.22 f t to the poin of beginning.
(Note: This parcel is ide ified as Urban Renelaj Parcel 65-2b.)
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SCHEDULE A
All that certain Rarcel or parcels of lan located in the City of Iowa City,
County of Johnson State of Iowa, mor particularly described as follows
to -wit:
(Legal description to provided pri to conveyance.)
Commencing at the Northwes corner of Lot 4, Block 65, the Original Town
of Iowa City, Iowa, accordin to th recorded plat thereof; thence North
90 degrees 0'0" East, and ass ed aring, along the Southerly right-of-way
line of Washington Street, 60.2 f et; thence South 0 degrees 0312" West,
74.04 feet to the point of begin thence South 89 degrees 53'47" East,
20.24 feet; thence South 0 degr s Q1 East, 32.32 feet; thence South
89 degrees 30'55" West, 10.31 f et; th ce South 0 degrees 22'52" East,
3.83 feet; thence South 89 de ees 43136 est, 10.11 feet; thence North
0 degrees 3'2" East, 36.22 f t to the poin of beginning.
(Note: This parcel is ide ified as Urban Renelaj Parcel 65-2b.)
SCHEDULE A
LEGAL DESCRIPTION
All that certain parcel or parcels of land located in the City of Iowa City,
County of Johnson, State of Iowa, more particularly described as follows
to -wit:
(Legal description to be provided prior to conveyance.)
Commencing at the Northwest corner of Lot 4, Block 65, the Original Town
of Iowa City, Iowa, according to the recorded plat thereof; thence North
90 degrees 0'0" East, and assumed bearing, along the Southerly right-of-way
line of Washington Street, 60.28 feet; thence South 0 degrees 03'2" West,
74.04 feet to the point of beginning; thence South 89 degrees 53'47" East,
20.24 feet; thence South 0 degrees 13'01" East, 32.32 feet; thence South
89 degrees 30'55" West, 10.31 feet; thence South 0 degrees 22'52" East,
3.83 feet; thence South 89 degrees 43'36" West, 10.11 feet; thence North
0 degrees 312" East, 36.32 feet to the point of beginning.
(Note: This parcel is identified as Urban Renewal Parcel 65-2b.)
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PARCEL NO.
65-2b
SCHEDULE D
PRICE OFFERED
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PRICE
$10,500
11K
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PARCEL NO.
65-2b
SCHEDULE D
PRICE OFFERED
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PRICE
$10,500
11K
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PARCEL NO.
65-2b
SCHEDULE C
TIME FOR CONVEYANCE
DATE
August 1. 19a6 -
SCHEDULE O
Improvements on the parcel listed below will commence and be completed in
accordance with the following schedule:
PARCEL NO. COMMENCEMENT COMPLETION
65-2b September 1, 1985 March 1, 1986
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SCHEDULE E
ACCESS COMMITMENT
The developers are the current owners of the Paul -Helen Building.
Access to the Block 65 alley is presently available by going through
the rear of that building.
CITY PLAZA DESIGN ASSISTANCE
In connection with this project the Developers have contrated 'for
the services of Iowa City architect William Nowysz. While Mr. Nowysz
will be largely developing plans and specifications for the renovation
of the interior and facade, part of his task will be to work with the
city planners for the development of Blackhawk minipark.
The developers recognize the necessity of integrating the
development of the Paul -Helen Building, Parcel 65-2b and Blackhawk
Mini -park and commit themselves to providing Mr. Nowysz's services for
that purpose in such an amount as is necessary for the task.
Certainly the value of such services to the city will amount to
$5,000.
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Part II
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Small -Mears Rnilaing rnm gnlr
and
The City of Iowa City, Iowa
for
Parcel 65-2b
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Part II
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Small -Mears Rnilaing rnm gnlr
and
The City of Iowa City, Iowa
for
Parcel 65-2b
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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 to the traffic circula-
tion system and to the public improvements when such changes are deemed
necessary and in the public interest.
atUIUN Ius. 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 or
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.
ON
LITY
The
Keueveioper snail 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 _R_eUev_eT0_P_er_,_'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, inspection 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 CONSTRUCTION OF IMPROVEMENTS. Whenever used in this
Agreement, the term "preliminary design plans" shall include a site plan and II
preliminary plans for Improvements which clearly show the size, location, and
external appearance of any structures, along with such other information as i
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 I,
improvements as provided for and specified in this Agreement, preliminary
design plans, and construction plans.
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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 i
j 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 Redeveloper 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 COMPLETION.
(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 heTd-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 pl'ans 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
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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
purchasingor 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.
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(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.
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(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 Occupancy
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 expressly
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
Redeveloper 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 Renewal Plan, or simiar language, in the Agreement
shall include theal —n —an�la i—bu17Uing, 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.
j 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
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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
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SECTION .501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper repre-
Bents 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 j
Redeveloper further recognizes that, in view of
(a) the importance of the redevelopment of the Property to the general
welfare of the community;
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(b) the substantial financing and other public aids that have been made
available by law and by the Federal and local governments for the
purpose of making such redevelopment possible; and
(c) the fact that a transfer of the stock in the Redeveloper or of a If'
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 Redeveloper or the degree thereof, is for practical purposes a
transfer or disposition of the Property then owned by the Redeveloper,
the qualifications and identity of the Redeveloper, and its stockholders, are I
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,
anTaTT persons holding an interest therein, their heirs, successors and
assigns that there shall be no change or transfer of ownership or control by
any person or combination of persons owing or controlling ten (10) percent or
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.
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SECTION 503. PROHIBITION AGAINST TRANSFER OF PRDPERTY AND ASSIGNMENT OF
AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and
agrees for 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
i and adequate to fulfill theobligations 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,
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conditions, and restrictions to the extent that they relate to
such part): Provided, that any instrument or agreement which
purports to transfer 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
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(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 Deed 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 not to exceed the
Purchase Price paid by the Redeveloper to the City.
The Redeveloper (or successor in 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 prov sions of the Agreement, including 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
II -9
. _ _ I . 1 1 .. __ _
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 of 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
shall deliver any notice 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 Section 603 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
any 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.
in any case, where, subsequent to default or breach by the RedeveVoper (or
successor in interest) under the Agreement, the holder of any mortgage on
the Property or part thereof
II -10
(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 sha 1 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
//X3
I
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 REDEVELOPERPRIOR TO CONVEYANCE. In the
event that the City does not tender conveyance of the Property, 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 the portion of said good
faith deposit reasonable 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.
II -12
//.73
I
ntutvti.urtn. in the event that subsequent to conveyance of the Property
or any part thereof to the Redeveloper and prior to completion of the
Improvements as certified by the City
(a) the Redeveloper does not submit plans as required by the Agreement in
satisfactory form and in the manner and by the dates respectively
provided in this Agreement; or
(b) the Redeveloper (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,
I
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
i 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
j 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
II -13
ON
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,
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
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.
upon the revesting in the city or title to the Property 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 thereof shaa app led:
(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 i
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
i
(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
II -14
1193
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, unless (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 (it 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 consid&red 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.
SECTION 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.
rAKI T. ror cne purposes or any or cne provisions or cne ngreemenc, neicner
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
I
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 shaTT,
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 y 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 S
the other party. 1
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 i
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
i real, personal, or otherwise or whether by agreement or operation of taw,
including, without limitation on the generality of the foregoing, any and all
claims and defenses based upon extension of time, indulgence, or modification -i
of terms of contract.
ARTICLE VIII. MISCELLANEOUS
SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVIDUALLY
LIABLE. No member, official, 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
interests or the interests of any corporation, partnership, or association in
which he/she is, directly or indirectly, interested. No member, official, or
employee of the City shall be personally liable to the Redeveloper, or any 1
successor in interest, in the event of any default or breach by the City or
j for any amount which may become due to the Redeveloper or successor or on any
obligations under the terms of the Agreement.
II-16
//P3
SECTION 802. EQUAL 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 in— or is t rea ened with, litigation with a subcontractor or
II -17
I
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.
SECTION 803. PROVISIONS NOT MERGED 141TH DEED. None of the provisions of the
Agreement are intended to or shall 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.
SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any title of the several
parts, Articles, and Sections of the Agreement are inserted for convenience
of reference only and shall be disregarded in construing or interpreting any
of its provisions.
II -18
t. ,
i
j
I
f.„
r.
i
I
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.
SECTION 803. PROVISIONS NOT MERGED 141TH DEED. None of the provisions of the
Agreement are intended to or shall 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.
SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any title of the several
parts, Articles, and Sections of the Agreement are inserted for convenience
of reference only and shall be disregarded in construing or interpreting any
of its provisions.
II -18
t. ,
�ay
RESOLUTION NO. 85-200
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE FY86 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE
WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS.
WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any
power which may be exercised by a public agency of this State, may be
exercised jointly with another public agency having such power, and
WHEREAS, it is in the mutual interest of the parties to encourage the use of
public transportation by residents of Iowa City and University Heights, and
WHEREAS, the City of Iowa City and the City of University Heights have
negotiated a 28E Agreement for the provision of transit services within the
corporate limits of University Heights, a copy of which Agreement is attached
and by this reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
1. The Mayor is hereby authorized to sign and the City Clerk to attest the
FY86 28E Agreement between the City of Iowa City and the City of
University Heights.
2. The City Clerk is directed to file a copy of said Agreement with the
Secretary of State and the Johnson County Recorder as required by Chapter
28E, Code of Iowa.
It was moved by Ambrisco and seconded by Baker the Resolution
be adopted, and upon ro ca there were:
AYES: NAYS: ABSENT:
AMBRISCO
X i BAKER
X— DICKSON
x ERDAHL
_x MCDONALD
X STRAIT
X ZUBER
Passed and approved this 131h day Af June , 1985.
ATTEST: �/ e
Ah
CIT CLERK
Recwlved & Approved
By The Legal Deparfinenf
L t 8S
N
AGREEMENT FOR TRANSIT SERVICES
This Agreement, made and entered into this 0-6 day of' 1985, by
and between the City of Iowa City and the City of University Heights,
municipal corporations.
WHEREAS, Chapter 28E of the 1981 Code of Iowa provides, in substance, that
any power which may be exercised by a public agency of this State, may be
exercised jointly with another public agency having such power, and
WHEREAS, it is in the mutual interest of the parties to encourage the use of
public transportation by residents of Iowa City and University Heights.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE CITY OF IOWA CITY AND
THE CITY OF UNIVERSITY HEIGHTS, AS FOLLOWS:
I. SCOPE OF SERVICES:
The City of Iowa City shall provide public transit services to the City
of University Heights. It is hereby agreed that Iowa City shall
determine the scheduling of buses, the routes and the location of bus
stops within University Heights. It is agreed that residents of
University Heights will obtain the same level of service as residents of
Iowa City who are served by the same routes.
II. DURATION:
The term of this Agreement shall commence July 1, 1985, and shall
continue through June 30, 1986.
III. TERMINATION:
This Agreement may be terminated upon 30 days written notice by either
party.
IV. COMPENSATION:
The City of University Heights agrees to pay $26,064 for the provision
of public transit services herein described. Payment shall be made in
12 monthly payments of $2172.00 each, to be received by the City of Iowa
City on or before the 15th of each month, with first said payment due on
or before July 15, 1985.
V. This Agreement shall be filed with the Secretary of the State of Iowa
and the County Recorder of Johnson County, Iowa.
CITY OF IOWA CITY, IOWA: CITY OF UNIVERSITY HEIGHTS, IOWA
By:� By:
ohn MCDorfald, Mayor 'Cliah Coulter, Mayor
p Hyl t51
` By: ����) 7 . 99
` Ia�K. Karr, City Clerk
City C erk
Rooelvad A Approved
By The Legal Department
ATTEST:
By:
city fu lerk
//0
L
i
7
I
MARY JANE ODELL
SECRETARYOFSTATE
y.SEEt,y
6i/!jy
OE
Otate of .30toa
&erretarp of 6tate
Des Stloineg
September 3, 1985
STATE CMMOL Gl11LOING
DES MOINESAA. 50319
515281 59 64
Marian K. Karr, CMC
City Clerk
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
Re: 28E Agreement between the City of Iowa City
and the City of University Heights for the
provision of transit service within the
corporate limits of University Heights.
Dear Ms. Karr:
We have received the above described 28E Agreement,
which you submitted to this office for filing, pursuant
to the provisions of Chapter 28E, 1985 Code of Iowa.
You may consider the same filed as of 2:54 P.M.,
September 3, 1985.
MJO/jh
Cordially,
/
Mt/ ary Ode l
Secre y of State
M
L
i
I.
i
4
RESOLUTION NO. 85-201
RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST
AN AMENDMENT TO THE LEASE BETWEEN THE CITY OF IOWA CITY AND
WASHINGTON PARK, INC. FOR THE SUITE, FIRST FLOOR CENTER, DAVIS
BUILDING, 322 E. WASHINGTON ST., IOWA CITY, IOWA.
WHEREAS, the City of Iowa City has an existing lease with Washington Park,
Inc., for the rental of the suite, first floor center of the Davis
Building, and
WHEREAS, the City Council deems it in the public interest to extend said
lease for the Housing Assistance Program said portion of the Davis
Building, 322 E. Washington Street, Iowa City, Iowa, for the purpose of
office space from July 1, 1985, through June 30, 1986, at a cost of $7,500
to be paid in advance, and
WHEREAS, the City has negotiated an amendment to said lease with Washing-
ton Park, Inc., such attached amendment providing for a one year extension
of lease at a rental of $7,500.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA,
1. That the Mayor is hereby authorized to sign and the City Clerk to
attest said amendment to the lease with Washington Park, Inc.
2. That the City Clerk shall furnish copies of the lease amendment to any
citizen who requests it.
It was moved by Erdahl
the Resolution be adopted, an upon r
AYES: NAYS:
and seconded by Baker
011 call there were:
ABSENT:
x AMBRISCO
x BAKER
x DICKSON
x ERDAHL
x MCOONALD
x STRAIT
x ZUBER
Passed and approved this 18th day of June ,119�985.
1✓L
MAYOR
ATTEST:
CITY CLERK
Received & Approved
By The Legal Deportment
6 481 _
I
WASHINGTON PARK, INC.
LEASE -BUSINESS PROPERTY
AMENDMENT
COME NOW the undersigned Landlord (Washington Park, Inc.) and Tenant (City of
Iowa City) and hereby agree to amend the LEASE -BUSINESS PROPERTY on the
building located at 322 E. Washington Street, Iowa City, Iowa, which was
entered into by the parties hereto on the 1st day of July, 1982.
It is hereby agreed that the below -referenced provisions of said lease are
amended as follows:
1. PREMISES AND TERM, The Landlord, in consideration of the rents herein
reserved and of the agreements and conditions herein contained, on the part
of the Tenant to be kept and performed, leases unto the Tenant and Tenant
hereby rents and leases from Landlord, according to the terms and provi-
sions herein, the following described real estate, situated in Johnson
County, Iowa, to wit:
Suite, lst Floor Center, Davis Building, 322 E. Washington Street, Iowa
City;_Iowa, consisting of 1,083 sq. ft. more or less (23 South Gil-
bert).
with the improvements thereon and all rights, easements and appurtenance
thereto belonging, which, more particularly includes the space and premises
as may be shown on "Exhibit A," if an as may be attached hereto, for a term
of four years, commencing at midnight of the day previous to the first day
of the lease term, which shall be on the 1st day of July; 1982; and ending
at midnight on the last day of the lease term, which shall be on the 30th
day of June, 1986, upon the condition that the Tenant pays rent therefor,
and otherwise performs as in this lease provided.
After July 1, 1983, tenant may terminate this contract by providing
written notice to the Landlord at least six (6) months prior to the
date of termination. In the event of such termination, any advance
rent paid and covering the period beyond the date of termination shall
be refunded to the tenant on a pro -rata basis.
2. RENTAL. Tenant shall pay:
In advance as follows: July 1, 1982 - $6,000.00 July 1, 1983 - $6,480.00
July 1, 1984 - $6,960.00 July 1, 1985 - $7,500.00
All sums shall be paid at the address of the Landlord, as above designated,
or at such other place in Iowa, or elsewhere as the Landlord may, from time
to time, previously designate in writing.
Delinquent payments shall draw interest at 9% per annum from the due date,
until paid.
All other provisions of the original lease shall remain in force.
Executed this 20 day of 1985.
Landlord: Washington Park, Inc Tenant: City of
Iowa City
By: PBy: j`�
Mayor
At est: %%LLu,,J jLRoeolved $ Approval
City C erk 8y The Lepel Department
6�14�8-1iT-
,I
RESOLUTION NO. 85-202
RESOLUTION AUTHORIZING RENEWAL OF LEASE IJITH THE JOHNSON
COUNTY AGRICULTURAL ASSOCIATION
WHEREAS, the City of Iowa City, Iowa, has renegotiated a lease with
Johnson County Agricultural Association, a copy of said lease being on
file in the City Clerk's Office, and by this reference made a part here-
of, and
WHEREAS, the City Council deems it in the public interest to enter
into said lease -for the rental of 7,500 square feet at the 4-H Grounds
for a price of $350 per month for ten months out of the year for a two
year contract from September 1, 1985 through June 30, 1987, said rental
property to provide covered, heated storage for equipment for the City
Streets Divisions in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized
and directed to execute the lease with Johnson County
Agricultural Association.
2. That the City Clerk shall furnish copies of said
lease to any citizen requesting same.
It was moved by Erdahl and seconded by Ambrisco
that the Resolutione a opt td�, ani upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Baker
z Dickson
x Erdahl
x McDonald
x Strait
x Zuber
Passed and approved this 18th day of June 1985.
ATTEST:
f Recolved $ Appmvad
By The Legal Department
I I
IM6
i
ro+
1E
LEASE -BUSINESS PROPERTY
THIS LEASE AGREEMENT, executed in duplicate, made and entered into this day of ,
19— by and between Johnson County And rultural Aggnriatinn
(hereinafter celled the "Landlord')
whose address for the purpose of this lease is 3149 Hwy. 218 South Iowa City
Iowa 52240 (Slrael and Number) (city)
and City of Iowa City
(state) Rip coda)
(hereinafter Celled ihe'Teeant'�
whose address for the purpose of this least I+ 410 E. Washington Street Iowa City
(Street end Number) (city)
Iowa 51740 WITNESSETH THAT:
(Std.) Rip Code)
t 1. PREMISES AND TERN. The Landlord, in consideration of the reals herein reserved and of the agreements and conditions here•
in contained, on the part of the Tenant to be kept and performed, looses unto the Tenant and Tenant hereby seats and leases from Lend•
lord, according to the bans and provisions heroin, the following described not *%left, situated in Johnson
I County, Iowa, to wit:
j 50' x 150' barn known as the Swine Barn at the Johnson County 4-H
Fairgrounds on Highway 218 South equipped with natural gas burning
heaters, said barn containing 7,500 square feet, more or less.
i
i
I
Swith the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more Pasticuledy, includes the space and
i , y y 2 ten month De1f.' ..@mole, of ml&
[ promises me b shown on "&hibit A", if and as may be etlached hereto, for a term of as,U
eight of the day previous 10 the first day of the leen term, which shall be an fhe 1st day d September
fLBd-�6and small" of soMalght on the lest day of the ban fawn, which shall be on the 30th day of June
1PA6�R7 _ upon the condition that the Tenant pays rent fhorafoa end otherwise performs as in this lease provided.
The above - specified term is exclusive of July 1 thru August 31.
Rental to be paid for 10 month period in two payments each year:
January, 1986 - $1,750.00 June, 1986 - $1,750.00
January, 1987 - $1,750.00 June, 1987 - $1,750.00
E 2. RENTAL Tenant agrees to pay to Landlord as rental 1w sold forst, an fifill,r � gra
f`! per mea"h I■malesa., lhmerrtrmstpay■.otbecomIst dasgm as provided Tn Yaragraph 1
sbft teammates
o+
In addition to the above monthly rental Tenant shall also pay:
for all utilities used by the tenant.
All sums shell be paid at the address of Landlord, as above designated, or of such other piece in Lowe, at eilewhere, as the Landlord
may, from time to time, previously designate in writing.
Delinquent payments shell draw interest at S ah per annum from the dus date, until paid.
2, POSSESSION. Tenant shall be entitled to poneuion on the first day of the farm of this loose, and shall yield possession
to the Landlord at the time and dab of the class of this leen form, except as herein otherwise expressly provided. Shamld Ladled be om•
i able to Sire possession an sold data, Ten oars only damages shalt be a rebating of the pro rota natal.
I 4. YY OP PREMISEL Tenant covenants and agrees during the farm of this lease to true and to occupy the leased promise only for
For restrictions an such use, we paragraphs 6 (c), 6 (d) and 11 (b) below.
S. 9111IE7 ENJOYMENT. Landlord covenants that It, estate in said premises is
and that the tenant on paying the rant herein reserved and penor ma all she agreements by me tenets to as persormee as provided
in this lease, shall and may peaceably have, hold and anoy the demise premises for the Term of this loam free from molestation, wtcfion
or disturbance by the Landlord or any other persons or legal enlity whatsoever. (But we paragraph 14, below.)
Landlord, shall have the right to mortgage all of its right, title, interest in said promises of any time without notice, subject to this lease.
k CARE AND MAINTENANCE OP PREMISES. (a) Tenant takes sold premises to their present condition except for such
repaln and alterations as may be expressly heroin provided.
a�,�b" ref. yy t,. I,.a� esu a„rWW. ^ 1D. WSi'Ni1N6i mora
"......Iw.+x I..nl.l�. In w1eM. rti yr rw .sew e.. ewY11M. Thla IMnlly: Wish. rats
Ib) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, structural part of the Poor• wall+ and other rlruc-
Lural pads of the building in good repair.
jc) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after laking possession of said premises and until the termination
of this lean and the actual removal from the premises. at its own expense, core for and maintain said premises in a reasonably safe and service•
able condition, except for structural Paris of the building. Tenant will furnish its own interior and exterior decorating. Tenant will not permit or
allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant. its agents or employees. Without limiting
the generality of the foregoing. Tomcat will make necessary "pulse to the ewer. the plumbing• the water pipes and electrical
wlrleg, except as follows:
and Tenant agrees fo keep faucets closed so as to prevent waste of water and flooding of premises; to promptly fake cars of any leakage or
stoppage in any of the wafer, gas or waste pipes. The Tenant agrees to malntola adequate heat to prevent Prowl of pipes. N and
wly N the atter forme of this lean Ra responsibility for heating upon the Tenant. Tenant of its own expense may install floor cover-
ing and will maintain such Poor covering in good condition. Tenant will be responsible for the plats glass in Ike windows of the
lamed pnmlws and for malefainfog the parking area, driveways and sidewalks an and abetting the leased Pmmis", N He
leafs premises Include the ground Reser, and If the ether forms of this Iwse Include premises so described. Tomcat shall make
ao sfrecteral alterations or Improvements without the wrlltea approval of the Landlord fiat had and obtained, of fka plans
and specifications therefor.
(d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, City Ordi-
nances or applicable municipality, the levo of the Stele of Iowa and the Federal government, but this provision shell not be construed as
emoting any duly by Tenant to mamba" of the general public. If Tenant• by the terms of this [ease is leasing promises on thegqround
Poor, it will not allow fresh of any kind to accumulate on said promises in the hells, if any or the allay or yard in front, side or mor thereof,
and it will remove same from the premises at ifs own expense. , „ , ..- ..
Tannase The tenant will not be responsible for snow removal.
7. (a) UTILITIES AND SERVICES. Tenant, during the Term of This lease, shall pay, before delinquency, all charges for use of tele-
phone, wafer, sower, gas, Feet, (if heating is Tenant's responsibility, electricity, power, air conditioning jif air conditioning is the Tenant's
responsibililyl, garbage disposal. Trash disposal and not limited by she foregoing all other utilities and services of whatever kind and nature
which may be used in or upon the demised premises.
Payment for electricity used by the tenant will be made July 1 to the
landlord for the previous ten month period.
(b) AIR CONDITIONING equipment shall be furnished at the expense of neither and maintenance thereof at
(Landlord or Tenant)
the expense of
(Landlord or Tenant)
(c) JANITOR SERVICE shall be furnished at the expense of neither
(Lendlord or Tenant)
fell HEATING shell be furnished at the expense of landlord with tenant responsible only for natural
(Landlord or Tenant) gas expense of heating.
e. (al SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenon l agrees 1ha1 upon the termination of this
lean, if will surrender, yield up end deliver the leased premises in good end clean condifian, except Lha effects of ordinary weer and tear and
depreciation arising from lapse of time. or damage without fault or liability of Tenant. {Eea�ekea�H{ej+ed•�k{al"1�°fae! SEE #27•
(b) Tenant may, at the expiration of the term of this lease, or renewal or ronewals thereof or of a reasonable time thereafter, if Tenant is
not In default hereunder, remove any fixtures or equipment which said Tenant hes installed in the leased promises, providing mid Tenant repain
any and all damages caused by removal.
(c) HOLDING OYER. Continued possession, beyond the expiratory date of the term of this lee", by the Tenant, coupled with the
rocelpf of the specified rental by the Landlord (end absent a written agreement by both parties for an oshosion of this lease, or for a new
lease) shell constitute a month to month extension of this lease.
9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or moblettiog of the Premiws or any part thereof. with-
out the Landlord's written permission shall, at the option of the Landlord, mate eke natal for the hatance of the Iwse farce
does ad payable at asset. Such written permission shell not be unreasonably withheld.
10. (a) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided in this paragraph 10, levied or assessed by law•
ful authority (but reasonably preserving Laa�p��Iyyid's rights of appeal) against said roof property shall be timely paid by the parties in
the following proportions: by Landlord .1.ULL_%; by Tenant %-
(b) lacrwse in such taxes, except as in the next paragraph provided, above the amount paid during the base year of
(bete year If and as may be defined in this paragraph) shell be paid by Landlord, 100—%; by Tenant °/..
(c) Increase in such taxes caused by Improvements of Tenant shell be paid by Landlord by Tenant
larfuldeu PERSONAL
PROPERTY .AXES Tenant's Sir hes tot timely
pay .find itspersonalasass nor other public charges levied or assessed by
ly y pr 9 9 appeal) 9 property on the promises, during the form of this
lease.
(el SPECIAL ASSESSMENTS, Special assessments shell be timely paid by the parties in the following proportions: by the Landlord
Inn —.%, by the Tenenl %.
btL PANAGNAPH R [y
lvew sew.. lar
there , d the ersonal property on the prem s, reasenebly imu d againd hexerd+end wellies; that 1s, fire and fon items y cov.
ered by ads coverage; and Tenant will pros and deliver fes he Landlord a csrti' otiose from Lha respdiw incompanies to
,hal affect Such ire w shall be made payable the parties h rale as their inter s may appear, except th grant's sham of such
Insurance proceeds an here 'seed send mode peya a to the Le dlord to sect, rent or other obli an due and owing Landlord
by Tenant. (See also II(nl below
(b) Tenant will not do or omit A doing o act whic wou vNie any ins ar increase the insurance rales to force upon the
reel assets improvements on the premises or upon any at o art of anent upon which the Landlord by law or by the forms of
this lease, has or shell have a lien.
lc) Subregatlat rights are net to be waived 51 PC sloe is attached to this lease.
jell Tenant further agrees to comply wi ..mends' s of It va Ins secs Semi neu and to be liable for and to promptly pay, as it
current rental, an Incream in I u rates an +aid emisn en on the BdinI of whic rom'ses an a pad, do to increased risks
or haxnrds remlfin from T a me of the premh olherwh. the as herein nlemplated and ag,
Y
9
(e) INSU PROCEEDS. Lan
dlaid ill settle and ed +t any Beim a ire} any insurence sampan or its said policies of
._..._..__ - — _.. :._. __j .-:A ,.r,atw. ,hall M said to and held by Ifo Landlord to be used in payment 1 of repairs w
12. IN Y AND LIAIILIYY INSU NCE, Except at to any negligence of Ih endlord, arising out of n structural
parts of the building, not will protect, indemni nd save harmis, the Landlord from nd against any end a ,cosh, demage end
expenses occasioned by, or ar 'wgout of. any ecai on r other occurs ace coming or flirting injury a omega to
any Anon or
property, happening or dona� in, upon bouf the lease repo or due directly indirectly to panty, un or occupancy thereof, or
any part thereof by the Tenant or any pen ino 9 thr h or un or the ant. Th ant further covenants and agrees that it
will at its own espsnsa procure and maintain ca and ' 6ility insur ce f asponsible company or companies authorized to
do busi... in the State of ]owe ems, of so an for any on, cousin insured ad
$SDO,OOD for any ore ret an w ifs of 515,000 for prop.
arty demage, protecting the Landlord against r 'aim, mages coil r espe n account of Injury to any parson or penins,
or to any property belonging to any pans, anent. by aeon of s h eesue accident o er happening on or about the demised
promises during the farm Its ediiicales or c as of said poli es, naming its endlord, end pro vi , r lithos (ISI
notice 1s, the Landlord oro <encellefon shat be delivered to the endlord within twenty l2
days from the dale of the be ' Ing of the form of this le so. As to insurance of a Landlord for roof and stnlctura
j es, paragraph II(a) above.
C 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. In the want of a partial destruction or damage of the
leased premises, which is a business inlederanca, that is, which prevent- :hs, concluding of a normal business operation and which damage is
reasonably repairable within tidy (60) days after its occurrence. this lease shall not terminate but the rent for the leased premises shell abate
during the time of such business interferon. in the event of partial destruction. Landlord staff repair such damages wlfhle 10
days of Its occurrence unless prevented from so doing by acts of Gd, the dements, the Fibre enemy,
strikes, r;of,. insurrection, government rogulafions, city ordinances, labor, material or transportation shortages, or other causes beyond Land.
lard's reasonable control.
Its) ZONING. Should the zoning ordinance of the city or municipality in which this property is located make if impossible for Landlord,
using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business
on these premises, then such partial det ructten shell be treated as a total destruction as in the next paragraph provided.
!: (c) TOTAL DESTRUCTION OF NUSINESS
subject
USE. In the avant of sea destruction Tenant
damage le the lamed premises ssan the
the Park.
i Ing arca (if a parking area is a pert of the subject molter of this lease) ro that Tananl is not able to conduct its hmimn on the promises or
the then curronl leggal use for which the premises are being used and which damages cannot be repaired within sixty (60)
days this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shell be attached by verifiers
notice of one party to the other, within twenty (20) days after such destruction. Tenant shell surrender possession within
Ian (10) days after such notice issues, and each party shall be released from all future obligation, hereunder, Tenant
paying rental pro rate only to the date of such destruction. In the event of such termination of this lease. Landlord of its option, may rebuild
l or not, accordir,q to its own wishes and needs.
14. CONDEMNATION. (e) DISPOSITION OF AWARDS. Should the whole or any part of the demised promises be condemned or
taken by a competent authority for any public or quasi -public use or purpose, each party shell be entitled to retain, at its own property.
any award payable to it. Or in the event that a single entire award h made on account of the condemnation, each party will then be on.
S tilled to take such proportion of said award as may be fair and reasonable.
(6) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or talon, the Landlord shall net be
liable to the Tenant except and as its rights are preserved as in paragraph 14(a) above.
IS. TERMINATION OF LEASE AND DEFAULTS OF TENANT. raj TERMINATION UPON EXPIRATION OR UPON NOTICE OF
DEFAULTS. This lease shell lermtnafa upon expiration of the demised term; or tf this lease expressly and in writing provides for any cpfion
or options, and if any such option it exercised by the Tenant, then this lease will lerminefe of the expiration of the option farm or terms
Upon default in payment of rental herein or upon any other default by Tenant in accordance with the terms and provisions of this lease.
this lease may of the option of the Landlord be cancelled and forfeited, PROVIDED, HOWEVER, before any such cancellation and for.
foflure except as provided to 15(b) below, Landlord shall give Tenant a written notice specifying the dereulf, or defaults, and stating that
this lease will be cancelled and forfeited tan (10) days after the giving or such notice, unless such default, or defaults, are
remedied within such grace period. (See paragraph 22, below.) As an additional optional procedure or as an alternative to the foregoing
(and neither exclusive of the other) Landlord may proceed as in paragraph 21, below, provided.
(b) IANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or
other transfer of Tenant's leasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by
death, and such bankruptcy, judicial sale or transfer hes not been vacated or set aside within fen (I0) days from the giving of notice thereof
by Landlord to Tenenf, then and in any such events. Landlord may, at it, option, immediately faminele this lees.. reenter said premises.
upon giving of len (10) days' written police by Landlord to Tenant, all to the extent permitted by appl;cabte low.
(c) In (a) and (b) above, waiver as to any default shell not constitute a waiver of any subsequent default or defaults.
(d) Acceptance of keys. advertising and re-renling by the Landlord upon the Tenant's default shell be construed only as an effort to miff.
gels damages by the Landlord, and not as an agreement to terminate this loam.
16. RIGHT OF EITHER PARTY TO MANE GOOD ANY DEFAULT OF THE OTHER. If default shell be made by either party in the
performance of, or compliance with, any of the terms, covenants or conditions of this lease, and such default shall have continued for thirty
(30) days after written notice thereof from one party to the other, fLe person aggrieved. in addition to all other remedies now or hereafter
prcivided by low, may, but need not, perform such term, covenant or condition, or make good such default and any amount advanced shell
be repaid forthwith on demand, together with interest at the rete of 9 _% per annum, from date of advance.
17. SIGNS. (a) Tenant shell have the right and privilege of attaching. affixing, painting or exhibiting signs on the leased promise',
provided only (i) that any and all sign' shall comply with the ordinance' of the city or municipality in which the properly is located and the
laws of the Slate of Iowa; (2) such signs shell not change the structure of the building: (3) such signs if and when token down 'hell not
damage the building; and (4) such signs shell be subject to the written approval of the Landlord, which approval shall not be unreasonably
withheld.
(b) Landlord during the lest nfnety.(90( days of this lease. or extension, shell have the right to maintain in the windows or an the build.
ing or on the premise, either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenant, or buyers to
anter and examine the premises.
10. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shell have the right to file or
place any mechanfe t lien or other lien of any Lind or character whatsoever. upon said premise' or upon any building or Improvement there•
on, or upon the leasehold interest of the Tenant therein, and police i' hereby given that no contractor, tub -contractor, or anyone dre who
may furnish any materiel, service or labor for any building, Improvements. alteration. repairs or any pert thereof, shall at any time be or become
entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof it
advance, to any and all contractors and sub-cco.fmclon who may furnish or agree to furnish any such material. service or labor.
19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord that] have, in edditfon to the lien given by low, a security
Interest et provided by the Uniform Commercial Code of Iowa, upon ell personal property and all subttifulions therefor, kept and used on
said premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent,
or for termination of this lease because of Tenant's default to its perrormenae.
(b) SPOUSE. If opens it not a Tenant, then the execution of this tnsfrumanf by the spouse shell be for the 'ale purpose of creating a
security interest on personal properly and waiving right, of homestead, right, of distributive share, and exemption'.
20. SUISTITUTION OF EQUIPMENT, MERCHANDISE, ETC, (e) The Tenant shell have the right, from time to time, during the form
of this leets, or renewer thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said clarified premises
when in the judgment of the Tenant if shall have become obsolete, outworn or unnecessary in connection with the operation of the buttress
on said premises: provided, however, that the Tenant shall. in such instance (unless no substituted article or Clem it necessary) of Its oras
e,peme, substitute for such items of personal properly to sold or otherwise disposed of. a new or other fleas in substitution thereof, In like
or greater value and adapted to the affixed operation of the business upon the domh od premises
lb) Nothing herein conlatned shell be construed at denying to Tenant the right to dispose of invanloied merchandise in the ordinary
course of fire Tenant's trade or bnmetc.
fY V ,NNwy low
N eYM 0.-,
v - _o or-w�kY nY
,n1....... to 01,Yn, ,Y wrn,Y~ )M Yw N.. � ., �� ..woo
21. RIGHTS CUMULATIVE. The various rights, power,, option,. elections and rt mad;v, of either party, provided in this fear,. ,hell
be construed as cumulative and no one of them as exclusive of the others, or sclus;,e of any rights, remedies or p4oritle, allowed either
party by law, and shall in no way effect or impair the right of either party to pursue any other equitable or legal remedy to which either party
may be entitled as long as any default remains in any way unremedied. unsatisfied or undischarged.
22. NOTICES AND DEMANDS. Notices as provided for In this lease shall be gives to no respective partles hereto at
the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a dllferent address. With.
out prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall Isis
considered given under the forms of this lease when sant, addressed es above designated, pmtogo prepaid. by registered of certified mail,
return receipt requested, by the United State mail and so deposiled in a United Steles mail box.
22. PROVISIONS TO RIND AND BENEFIT SUCCESSORS, ASSIGNS, [TC. Each and every covenant and agreement herein can•
fained shell *stand to end be binding upon the respective successors, heirs, administrator,, executors and assigns of the parties hereto; except
that if any part of this lease i, held In joint tenancy. the successor in interest shall be the surviving joint tenant.
24. CHANGES TO RE IN WRITING. None of the covenants, provisions. terms or conditions of this lama to be lepf or performed
by Landlord or Tenant shall be in any manner modified. waived or abandoned, except by a written instrument duly signed by the parties
and delivered to the Landlord and Tenant. This Imes contains the whole agreement of the parties.
25. RELEASE OF DOWER. Spouse of Landlord, appears a, a party st nafory to this leans solely for the purpose of releasing dower, or
distributive there, unless said spouse is also a co-owner of an intend in the leased premises.
26. CONSTRUCTION. Word, and phrases herein, including acknowledgment hereof, shell be conslruad as in the singular or plural
number, and as masculine, feminine or neuter gender according to the context.
27. The landlord agrees to assume liability for any and all losses, costs, damages
and expenses occasioned by or arising out of, any accident or other occurrence causing
or inflicting injury and/or damage to any person or property, happening or done, in,
upon, or about the leased primises, EXCEPT that landlord shall have no liability for
any loss, costs, damages or expenses to tenant or its employees or to tenantsor its
employees' property incurred by tenant or its employees in, upon, or about the leased
premises when such losses, costs, damages and expenses are directly caused by the
harmlessctp(oanyt losseo ntenantks omlpliD�eem �d the, "ant shall f rther h?ld th ,landlnr {
malicious mischief or vandalism, p y proper y In t�ke even of fiire, t e t,
IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate
the ay a d year fi st above written. _
:L�
OR (TENANT) 'LANDLORD
INDIVIDUALM RIAS N K. KARR, CITY CLERK FREEMONT ISSACS, MANAGER
rw+• STATE OF IOWA
,e.,
Io on ss.
r...0 COUNTY OF
On this _18th day of Jkuke 19_U_ before me, the undersigned, a Notary Public in and for said County and
r resit Stale, personally appeared Mayor John McDonald and Cit)r rlprlr Mariony v.,....
to me personally known to be the identical peons • nand who executed f 'thin and foregoing instrument, and
jSEALJ acknowledged that they executed the tame as their voluntary act and
STATE OF
55.
COUNTY OF
On this day o A. D. 19- before me, the undersigned a Notary Public in
and for said County and State, personally Opp.
ens .esu to me personally known, Ing by me duly sr, If at they are the
,rr end respectively, of ,aid corporation executing the
'e'xxtes� within and foregoing instrument, that Ino seal hes been a by the set region; that said instrument was signed land seeled) on
whewwas (the seal e( arab h the seal of said
i
ww Me, to behalf of said corporation by out Its Board of Diroclo": and Ixel the said and
as o fits" actnowlodged the execution of said instrument to be the voluntary nd deed of said corperetTen
by it and by 1h unlarily executed.
Notary Public in and for said County and State
FIDUCIARY
STATE OF
SS.
COUNTY OF
On this day of . A. D. 19- before me, the undersigned, a Notary Public in
and for said County In sold State. personally appeared _ as Executor of As Estate of
Detested, to me known to be the idangicaf person named In and who executed the
foregoing instrument and acknowledged thel_ha executed the same at the voluntary act and deed of himself and of such fiduciary.
(SEAL)
PARTNER
STATE OF
COUNTY OF S5.
Notary Public in and for said County and State
On this day of A. D. 19_, before me, the undersigned, n Notary Public in
and for said County and State personally appeared and
to me personally Inown, who, being by me duly sworn, did BY that he Is (they argil member(s) of the Partnership
execu(they) executed the same as the voluntary act and dud of said co•tparfner(s) bing the 9 (him) (then and m) oingInstrument and
acknowledged
.ncufhad
Notary Public in and for said County and State
For acknowledgment as a corporate fiduciary
see obverse side of Court Officer Deed Nookod dr Approved
(Official Form No. 101). f The legal Uepertril l
F
.
RESOLUTION N0. 85-203
RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE
BROADBAND TELECOMMUNICATIONS DIVISION
WHEREAS, Resolution No. 85-60 adopted by the City Council on March 12,
1985, establishing an operating budget for FY86 authorizes all permanent
positions, and
WHEREAS, staff time necessary to assist City departments in the use of
video has increased.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that the authorization of personnel in the Broadband Telecommunications
Division be amended by:
1. The deletion of one half-time Production Coordinator.
2. The addition of one three-quarter time Production Coordinator.
It was moved by Baker 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
—2C— Strait
x Zuber
Passed and approved this l8th dy of June 1985,
ATTEST:
Recelved & Approved
i By The Legal De orfinent I
IZ ;
i
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City of Iowa City
MEMORANDUM
Date: June 13, 1985
To: City Council
From: Dale Helling, Assistant City Manager
Drew Shaffer, Broadband Telecommunications Specialist•S
Re: Production Coordinator Position
Council is being asked to consider a resolution to increase from one-half to
three-quarter time the hours of the Production Coordinator who reports to the
Broadband Telecommunications Specialist. Some background information which
has lead to this proposal should be helpful for you.
There is increasing demand from various City departments for assistance from
the Broadband Telecommunications Specialist and the Production Coordinator in
the use of video which, in many cases, does not directly relate to Cable TV.
For example, taping of training sessions and the use of video equipment
during training programs can require technical assistance for which Cable TV
staff have little or no time given their other responsibilities. In addi-
tion, Section 14-73(c) of the Broadband Telecommunications Enabling Ordinance
specifies that revenue from the franchise fee, which funds the position in
question, shall be used by the City "---to offset its regulatory and adminis-
trative costs and to maximize awareness and use of the access capacity."
Therefore, it is necessary that some mechanism be developed to enable
operating departments to utilize the expertise of City staff in the use of
the audio/visual medium in a manner consistent with the Cable ordinance.
The solution we are proposing is a charge back system for hours spent by the
Program Coordinator assisting operating departments in non -cable related
activities. The proposal is to increase the hours of the Production Coordi-
nator by ten hours per week for a trial period of six months. The additional
cost to the City will be approximately $2,724 in wages and benefits for the
Production Coordinator and it is anticipated that this amount will be
recovered through the chargeback system. There are sufficient funds in the
franchise fee balance to cover the additional expense for this period in the
event that chargebacks do not fully offset the additional expense. If this
does not occur, and if no other funding sources become available, we will
propose that the position be reverted to half-time at the end of the
six-month trial period.
We believe it is in the interest of the City to encourage the use of the
audio/visual medium by operating departments and, further, that it will be
more economical if existing City staff are utilized to provide technical
assistance in this regard. We recommend that Council approve this resolution
and there is every indication that there will be adequate demand for services
on a charge back basis to substantially offset the increased costs.
dh/sp
07
i
RESOLUTION NO. 85-204
RESOLUTION ESTABLISHING SALARY FOR FY86 FOR CITY MANAGER AND CITY
CLERK.
WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject
solely to the action of the City Council referred to as unclassified person-
nel, and
WHEREAS, it is necessary to establish salaries for the said unclassified
personnel,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the following positions shall receive as salary compensation that
amount which is set forth in lieu of all other fees and compensation except
as otherwise provided by law, and where said officer or employee shall
receive or collect any fees or other compensation from others for services as
such officer and employee, the same shall be paid to the City Treasury.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the following salaries are hereby established for the following persons
effective July 1, 1985:
City Manager $56,617.60
City Clerk .$25,833.60
It was moved by -.-Erdahl-.... and seconded by Ambrisco - the Resolution
be adopted, and uponupon ron—there were:
AYES: NAYS: ABSENT:
x AMBRISCO
z . BAKER
x DICKSON
x . ERDAHL
X MCDONALD
x STRAIT
x ZUBER
Passed and approved this 18th day o June , 1985.
ATTEST:
CITY C-�ERK�—
fleedvd A Approvea j
w the 100 Depttmonr
ii
City of Iowa City
MEMORANDUM
DATE+ June 13, 1985
TO: City Council �/
FAM -City Managep !�z.-77
Of: Manager's Compensation
The City Council's discussion and decision concerning the city manager's
compensation was based on actual salary for the calendar year ending
December 31, 1984, rather than the salary rate established by resolution
for the fiscal year. Because the compensation resolutions previously
had been written on a fiscal year basis comparable periods would be
July 1, 1984, through June 30, 1985, and July 1, 1985, through
June 30, 1986.
Adoption of the resolution on a fiscal year changes the manager's
compensation consistent with the Council's decision of 4% or $2,124.29.
However, the total amount in the resolution will be different than the
figure'discussed in the orating. This occurs because there is a time
interval of 6 months and the salary adjustment takes place in mid -year.
The actual figures are:
Calendar Year Fiscal Year
Jan 84 -Dee 84 $53,107.34 July 84 -June 85 $54,496.00
. 2,124.29 2,121.60*
Jan 85 -Dec 85 $55,231.63 July 85 -June 86 $56,617.60
*Adjusted for computer
This difference in the figures is brought to your attention to insure
that the change is in accordance with your decision and that there is
a clear understanding as to the nature of the figures. If there are
any questions, please contact me.
IE
I IN
RESOLUTION No. 85-205
A RESOLUTION APPROVING THE APPOINTMENT OF TERRENCE L. TIMMINS AS CITY
ATTORNEY FOR THE CITY OF IOWA CITY, APPROVING AN EMPLOYMENT AGREEMENT
RELATING THERETO, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE SAME FOR AND ON BEHALF OF THE CITY.
WHEREAS, this City Council has determined that it would be in the best
interests of the City of Iowa City, Iowa to appoint Terrence
L. Ti®ins As City Attorneyfor the City of Iowa City, and
WHEREAS, an Employment Agreement for the employ of Terrence L. Timmins
as City Attorney has been Prepared, which Employment
Agreement is attached hereto and made a part hereof.
NOW. THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL
OF THE
CITY OF IOWA CITY, IOWA,
That Tarranw L. Timmins be and he is hereby appointed City Attorney
for the City of Iowa City, Iowa.
AND HE IT FURTHER RESOLVED
That the Employment Agreement attached hereto and made a part hereof
is hereby approved as to form and content.
AND EE IT FURTHER RESOLVED
That the Nmyor and City Clerk be and they are hereby authorised and
directed to execute said Agreement for and on behalf of the City of
Iowa City, Iowa.
It was moved by Ambrisco and seconded
AND Ro Eo June 18 lass
by Strait the Resolution be adopted,
and upon roll callthere were:
v
AYES: NAYS: ABSENT: MAYOR
X AMBRISCO ATTEST:
.X _BAKER
x DICKSON
.1x _ ERDAHL
x _ MCDONALD
_X _ STRAIT
x ZUBER
i
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EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of June,
1985, by and between the City of Iowa City, State of Iowa, a municipal
corporation, hereinafter called "Employer", as party of the first
part, and Terrence L. Timmins, hereinafter called "Employee", as party
of the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, Employer desires to employ the services of said
Terrence L. Timmins as City Attorney of the City of Iowa City, as
provided by Chapter 2, Article III, Division 2 of the Iowa City Code;
and
WHEREAS, it is the desire of the Governing Body, hereinafter
called "Council", to provide certain benefits, establish certain
conditions of employment and to set working conditions of said
Employee; and
WHEREAS, it is the desire of the Council to (1) secure and
retain the services of Employee and to provide inducement for him to
remain in such employment, (2) to make possible full work productivity
by assuring Employee's morale and peace of mind with respect to future
security, (3) to act as a deterrent against malfeasance or dishonesty
for personal gain on the part of Employee, and (4) to provide a just
means for terminating Employee's services at such time as he may be
unable fully to discharge his duties due to age or disability or when
Employer may otherwise desire to terminate his employ; and
WHEREAS, Employee desires to accept employment as City Attorney
of said City.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
Section 1. Duties.
Employer hereby agrees to employ said Terrence L. Timmins as
City Attorney of said Employer to perform the functions and duties
specified in Chapter 2, Article III, Division 2 of the Iowa City City
Code, and to perform other legally permissable and proper duties and
functions as the Council shall from time to time assign.
i
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Section 2. Term.
A. This Agreement shall be of an indefinite term, and shall
remain in effect until terminated by either party pursuant to Section
3.
B. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the Council to terminate the services of
Employee at any time, subject only to the provisions set forth in
Section 3, paragraphs A and B, of this Agreement.
C. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the Employee to resign at any time from
his position with Employer, subject only to the provision set forth in
Section 3, paragraph C, of this Agreement.
Section 3. Termination and Severance Pay.
A. In the event Employee is terminated by the Council during
such time that Employee is willing and able to perform his duties
under this Agreement, then in that event Employer agrees to pay
1{` Employee a lump a= cash payment equal to 12 weeks aggregate salary;
provided, however, that in the event Employee is terminated because of
his conviction of any illegal act involving personal gain to him,
then, in that event, Employer shall have no obligation to pay the
aggregate severance a= designated in this paragraph.
B. In the event Employer at any time during the term of this
Agreement reduces the salary or other financial benefits of Employee
in a greater percentage than an applicable across-the-board reduction
for all Administrative Employees of Employer, or in the event Employer
i refuses, following written notice, to comply with any other provision
benefiting Employee herein, or the Employee resigns following a
suggestion, whether formal or informal, by the Council that he resign,
then, in that event, Employee may, at his option, be deemed to be
"terminated" at the date of such reduction or such refusal to comply
within the meaning and context of the herein severance pay provision.
! C. In the event Employee voluntarily resigns his position, then
Employee shall give Employer six weeks notice in advance, unless the
I parties otherwise agree.
Section 4. Performance Evaluation.
A. The Council shall review and evaluate the performance of the
Employee at least once annually in June of each year. An initial
review will occur in January of 1986, to be followed by the first
annual review in June of 1986. Such review and evaluation shall be in
accordance with specific criteria developed jointly by Employer and
Employee. Said criteria may be added to or deleted from as the
Council may from time to time determine, in consultation with the
Employee. Further, the Council shall provide the Employee with a
summary statement of the findings of the Council and provide an
adequate opportunity for the Employee to discuss his evaluation with
the Council.
// 90
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B. Annually, the Council and Employee shall define such goals
and performance objectives which they determine necessary for the
proper operation of the City and in the attainment of the Council's
Policy objectives and shall further establish a relative priority
among those various goals and objectives, said goals and objectives to
be reduced to writing. They shall generally be attainable within the
time limitations as specified and the annual operating and capital
budgets and appropriations provided.
C. In effecting the provisions of this section, the Council and
Employee mutually agree to abide by the provisions of applicable law.
Section 5. Salary.
Employer agrees to pay Employee for services rendered pursuant
hereto an annual base salary of $51,0000 payable in bi-weekly
installments at the same time as other employees of Employer are paid.
In addition, Employer agrees to increase Employee's base salary
and/or other benefits of Employee in such amounts and to such extent
as the Council determines appropriate, based upon its annual review of
Employee's performance.
Section 6. Hours of work.
it is recognized that Employee must devote a great deal of time
outside the normal office hours to business of the Employer, and to
that end Employee will be allowed to take compensatory time off as he
shall deem appropriate during said normal office hours.
i
Section 7. Moving Expenses.
z
Employer shall pay directly for the expenses of packing and i
Emoving Employee, his family, and his personal property from Council
Bluffs, Iowa to Iowa City, Iowa, including unpacking, any storage
costs necessary, and insurance charges.
Section S. Automobile. !
s Employer agrees to reimburse Employee for his vehicle expenses
when Employee is required to use his personal vehicle for city
business, other than routine travel to and from work. Such
reimbursement shall be at the rate of $ .20 per mile and shall in all
other respects be made in accordance with established city policies
and procedures.
In the event Employee's personal vehicle is unavailable to
transport Employee on city business, Employer shall provide a city
vehicle for such purpose only, and not for use by Employee for routine
travel to and from work.
C
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Section 9. Vacation.
Effective upon assuming the position of City Attorney, Employee
shall be credited with 15 days of vacation leave. Thereafter,
Employee shall accrue, and have credited to his personal account,
vacation at the rate of one and one-fourth days per month.
Section 10. Sick Leave.
Employee shall accrue sick leave under Employer's sick leave
policy for department head level employees at the rate of one day per
month. However, in the event Employee contracts a serious illness or
suffers a serious injury, which would constitute a disability under
Employer's disability income insurance plan for employees, then in
that event, and upon certification to that effect by Employee's
physician, Employee shall be entitled to special sick leave benefits
as hereafter provided. Employee's special sick leave benefit shall
entitle Employee to full pay during the period of Employee's
disability, commencing upon the expiration of Employee's regular
accrued sick leave and terminating upon Employee's eligibility for
disability income payments.
Section 11. Health, Disability and Life insurance.
A. Employer agrees to provide hospitalization, surgical, and
comprehensive medical insurance for Employee and his dependents.
Employer further agrees to provide disability income and life
insurance for Employee. Life insurance shall be equal in amount to
Employee's salary, and shall be increased at such time as Employee's
salary is increased. Employer agrees to provide coverages and to pay
premiums under such insurance policies equal to that which is provided
to Administrative Employees of the City.
B. In addition, Employer agrees to pay $300 of the annual
premium of $607 on Employee's whole -life policy with Guardsman Life
Insurance Company.
Section 12. Dues and Subscriptions.
Employer agrees to budget and pay for the professional dues and
subscriptions of Employee necessary for his continuation and full
participation in national, regional, state and local associations and
organizations necessary and desirable for his continued professional
participation, growth and advancement, and for the good of the
Employer, including but not limited to the following: Iowa Municipal
Attorneys Association; Iowa State Bar Association; Johnson County Bar
Association; National Institute of Municipal Law Officers; American
Bar Association.
11fe
L
Section 13. Continuing Legal Education and Professional Development.
A. Employer hereby agrees to budget for and to pay the expenses
Of Employee for registration, materials, travel, lodging, and
subsistence for attendance at seminars and meetings, the Employee's
attendance at which is necessary in order that Employee meet the
Continuing Legal Education requirements of all members of the Bar in
Iowa, including but not limited to the Spring Conference and the
Annual Conference of the National Institute of Municipal Law Officers
and such conferences and seminars as are sponsored by the Iowa
Municipal Attorney's Association.
B. Professional Development. Employer also agrees to budget
and to pay for the expenses of Employee for registration, materials,
travel, lodging, and subsistence for attendance at short courses,
institutes, and seminars that are necessary for his professional
development and for the good of the Employer.
Section 14. Indemnification.
Employer shall defend, save harmless and indemnify Employee
against any tort, professional liability claim or demand or other
legal action, whether groundless or otherwise, arising out of an
alleged act or omission occurring in the performance of Employee's
duties as City Attorney. Employer will compromise and settle any such
claim or suit or pay the amount of any settlement or judgment rendered
thereon.
Section 15. Bonding.
Employer shall bear the full cost of any fidelity or other bonds
required of the Employee under any law or ordinance.
Section 16. Other Terms and Conditions of Employment.
A. The Council, in consultation with the Employee, shall fix
any such other terms and conditions of employment, as it may determine
from time to time, relating to the performance of Employee, provided
such terms and conditions are not inconsistent with or in conflict
with the provisions of this Agreement, the City Charter, or any other
law.
B. All provisions of the City Charter and the City Code, and
regulations and rules of the Employer relating to vacation and sick
leave, retirement and pension system contributions, holidays and other
fringe benefits and working conditions as they now exist or hereafter
may be amended, shall apply to Employee as they would to other
employees of Employer, in addition to the benefits enumerated
specifically for the benefit of Employee as herein provided.
L
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I
C. Employee shall be entitled to receive the same vacation and
sick leave benefits as are accorded department heads, including
provisions governing accrual.
I
Section 17. No Reduction of Benefits.
Employer shall not at any time during the term of this Agreement
reduce the salary, compensation or other financial benefits of
Employee, except to the degree of such a reduction across-the-board
for all employees of the Employer.
Section 18. Notices.
Notices pursuant to this Agreement shall be given by deposit in
the custody of the United States Postal Service, postage pre -paid,
addressed as follows:
(1) EMPLOYER: Mayor
Civic Center
City of Iowa City
Iowa City, Iowa 52240
(2) EMPLOYEE: City Attorney
Civic Center
City of Iowa City
Iowa City, Iowa 52240
Alternatively, notices required pursuant to this Agreement may be
personally served in the same manner as is applicable to civil
judicial practice. Notice shall be deemed given as of the date of
personal service or as of the date of deposit of such written notice
in the course of transmission in the United States Postal Service.
Section 19. General Provisions.
1
A. The text herein shall constitute the entire agreement
between the parties.
B. This Agreement shall be binding upon and inure to the
benefit of the heirs at law and executors of Employee.
C. This Agreement shall become effective commencing July 22,
1985.
s
D. If any provision, or any portion thereof, contained in this
r
Agreement is held unconstitutional, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall be deemed
(
severable, shall not be affected and shall remain in full force and
'
effect.
E. The employee shall reside within the City limits of Iowa City during
I
his term of service as City Attorney.
i'
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_ 7 _
IN WITNESS WHEREOF, the City of Iowa City has caused this
Agreement to be signed and executed in its behalf by its Mayor, and
duly attested by its City Clerk, and the Employee has signed and
executed this Agreement, both in duplicate, the day and year first
above written.
EMPLOYER, CITY OF IOWA CITY, IOWA:
Mayor
.- Attest: �2u�.,� ) 4'.
City Clerk
EMPL E, TERRENVNS:
a
m
Subscribed and sworn to before me on this day
of , 1985.
KELLY I
WM10
IOMERf
0M0
3eMi6a ]41M Notary Publ c
•� pMseiw916
RESOLUTION N0. 85-206
RESOLUTION AUTHORIZING AMENDMENTS TO THE PROGRAM MANUAL AND
DESIGNATED TARGET NEIGHBORHOODS FOR THE RENTAL REHABILITATION
PROGRAM.
WHEREAS, the City of Iowa City is the recipient of Rental Rehabilitation
Grant funds from the U.S. Department of Housing and Urban Development, and
WHEREAS, the City of Iowa City did, by Resolution No. 84-278 dated October 9,
1984, adopt a Program Manual and designate target neighborhoods for the
Rental Rehabilitation Program, and
WHEREAS the City of Iowa City desires to amend the Program Manual and target
neighborhoods for the Rental Rehabilitation Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the Program Manual for the City of Iowa City Rental Rehabilitation
Program be amended to allow the rehabilitation of properties containing
more than 11 dwelling units; provided, however, that a preference be
given to the rehabilitation of properties containing 1-11 dwelling
units.
2. That the amended target neighborhoods, as shown on the map. attached
hereto, be designated for the Rental Rehabilitation Program.
3. That copies of the aforesaid documents for the Rental Rehabilitation
Program be made public and available for citizen review in the Office of
the City Clerk and the Department of Planning and Program Development.
It was moved by Erdahl and seconded by Strait the Resolution
be adopted, and upon ro c -aTT7here were:
AYES: NAYS: ABSENT:
x AMBRISCO
x _ BAKER
x DICKSON
x ERDAHL
x MCDONALD
x STRAIT
x ZUBER
Passed and approved this 18th day of June 1985.
AYOR
ATTEST:
,%L�ticn�r% a� J
CITY CLERK
Recelved $ Approved
By The Legal Department
6 �
Of/
I
IOWA CITY
RENTAL REHABILITATION
TARGET NEIGHBORHOODS
ii.l.........., Expanded Areas
T
N
1191
MMUL-1
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City of Iowa City
MEMORANDUM -
Date: June 14, 1985
To: Members of City Council
f
From: Jim Hencin, CDBG Program Coordinator
Re: Rental Rehabilitation Program Amendments
The Rental Rehabilitation Program is the newest program offered by the
City to upgrade the existing housing stock. Made possible by a two HUD
grants totaling $141,500, this program is specifically aimed at improving
rental housing in the community. The program became operational last
November following the adoption of local program guidelines and the
establishment of target neighborhoods.
Since January, the Housing Commission has approved the allocation of
$43,130 in rental rehabilitation funds for six projects. This involves
the rehabilitation of 14 rental units and a commitment of $51,232 in
additional private funds from the property owners.
In spite of the program's relative success, we have found that there is a
need to increase its flexibility. In response to specific requests from
reviewed by the Housingstaff
Commissionosed two and recommended tram o amendments
Council for were
approval:
1. Target Neighborhoods. We propose the addition of five blocks along
the west side of North Dubuque Street which are bounded by Dubuque,
Jefferson, Clinton and Church Streets. Also, the addition of the area
east of North Governor Street and north of Ralston Creek which
coincides with areas zoned RS -8 and RM -12 in the north side. (Note
the "expanded areas" on the map accompanying the resolution.) Both
areas are quite similar in character to the adjacent rental rehabili-
tation target neighborhoods previously designated by the City Council.
They have a number of older rental properties which are occupied
principally by low- and moderate -income tenants.
2. Property size limitation. The Rental Rehabilitation Program is
currently limited to properties of 1-11 units. This limitation was
intentional, to avoid the additional paperwork and costs involved with
payment of higher "Davis -Bacon" wage rates when 12or more units are
to be rehabilitated. Staff proposes lifting the 11 unit maximum for
participation but retaining a "preference" for projects of 1-11
units.
Since we have been approached by rental property owners who are interested
in both program changes, we believe there is a reasonable chance of
expanding participation in the program. If you would like additional
information about the Rental Rehabilitation Program or the proposed
amendments, please call me at 356-5244.
bc5
RESOLUTION NO. 85-207
RESOLUTION SETTING PARKING RATES FOR OFF HOUR USAGE OF THE
MUNICIPAL PARKING LOT.
WHEREAS, Chapter 23, Article 7, Division 3, Code of Iowa City, establishes
provisions for parking meter zones and parking lots, and
WHEREAS, Resolution 84-230 establishes parking permit rates, and
WHEREAS, requests have been made to use the permit parking area in the
Municipal Lot evenings and weekends,
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY_, IOWA that:
Effective June 19, 1985, the parking rates for parking in the Municipal
Parking Lot after 5 PM Monday through Friday and all day Saturday and
Sunday be set at $1.25 per parking space per day.
It was moved by Ambrisco - -- and seconded by Rnkrr
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x AMBRISCO
x BAKER
x DICKSON
x EROAHL
x MCDONALD
x STRAIT
ZUBER
Passed and approved this 18th day of June 1985.
MATUR
ATTEST: �4 ) ACOA l
C
ROcelvtrl & Approved
Dy Tho legal Departmenf
6 12 85'
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City a! Iowa City
MEMORANDUM
Date: June 12, 1985
To: City Council
From: Joe Fowler, Parking Systems Supervisor
Re: Use of Municipal Parking Lot
I have received requests from various groups for use of the Municipal
Parking Lot during evening and weekend hours. These requests have been
related to special events being held in the CBD which are attracting large
numbers of parkers or buses. Usage of the municipal parking lot by permit
holders is low after 5 PM and on Saturdays and Sundays.
In .order to accommodate the parking demand and to provide additional
revenue for parking systems, I am recommending that spaces be sold in the
Municipal Parking Lot after 5 PM Monday through Friday and all day
Saturday and Sunday for $1.25 per space. The cost per space would be
charged to cover large vehicles taking more than one car stall. These
spaces would be sold only for special events when prior arrangements had
been made with the Iowa City Parking Systems. If the event can be
accommodated by the Dubuque Street Parking Ramp, the parkers will be
directed there to avoid duplicating personnel costs.
Enactment of this resolution will allow the City of Iowa City to use the
available parking to the greatest' extent while controlling personnel
costs.
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