HomeMy WebLinkAbout1987-12-22 Resolution.V'
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RESOLUTION NO. 87-307
RESOLUTION ESTABLISHING THE ESCROW CONTROL DEPOSIT AMOUNT TO COVER
THE COST OF CLEANING DIRT, MUD AND GRAVEL DEPOSITED ON PUBLIC
RIGHTS-OF-WAY AS A RESULT OF CONSTRUCTION.
WHEREAS, during construction dirt, mud, gravel and other debris is often
deposited on public rights-of-way by persons involved in construction pro-
jects; and
WHEREAS, the Code provides for erosion control deposits as a condition to the
issuance of buildings permits in order to cover the cost of cleaning the
dirt, mud, gravel or other debris from public rights-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The amount of the escrow deposit shall be as follows:
An individual deposit of $500 per lot or in lieu thereof, a $1,000
builder's/contractor's deposit to cover work on more than one lot
at any given time. Exception: No deposit shall be required for
any interior work that does not involve excavation. An individual
deposit of $250 per lot is required for a building addition, al-
teration, or repair. The Building Official may waive the $250
deposit if the applicant can demonstrate that the addition, altera-
tion or repair will not cause dirt, mud, gravel and other debris to
be deposited on the public rights-of-way as to cause a public
nuisance.
It was moved byand seconded by Zuber
pted,
the Resolution be adoand upon roll call there were:
AYES: NAYS: ABSENT:
_X Ambrisco
X Baker
Courtney
Dickson
McDonald
L— Strait
Zuber
Passed and approved this 22nd day of Decemhor , 1987.
ATTEST: 4a
I ER
RCcolvetl A Approvod
BV T,hhL legal £1ePadmont
/79/
.o1
RESOLUTION NO.
OSIT
COVER
THEOLCOSTN OFSTCBLEANING D RT,THE ESCROW MUD AND CONTROL
GRAVELP DEPOSITEDNTONO PUBLIC
RIGHTS-OF-WAY AS A RESULT OF CONSTRUCTION
WHE EAS, during construction dirt, mud, gravel and other debris is often
depo ited on public rights-of-way by persons involved in construction pro-
jects; and
WHEREAS, he Code provides for erosion control deposits as a condition to the
issuance o buildings permits in order to cover the cost of cleandng the
dirt, mud, avel or other debris from public rights-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CIT , IOWA, THAT:
The amount of th escrow deposit shall be as follows:
An individual eposit of $500 per lot or in 1' u thereof, a $1,000
builder's/contr ctor's deposit to cover wo on more than one lot
at any given tim .
nd seconded by
It was moved by
the Resolution be adopte and upon ro call there were:
AYES: NA ABSENT:
Ambrisco
Baker
i Courtney
Dickson
McDonald
Strait
Zuber
Passed and app r ved this dayo
1987.
votelvbd A A;gt.%VAd
By Thu UZ-0 p,Pnrimant
I5
RESOLUTION NO. 87-302
RESOLUTION AUTHORIZING AN APPLICATION TO THE IOWA DOT AIR AND TRANSIT
DIVISION FOR STATE TRANSIT ASSISTANCE SPECIAL PROJECT FUNDS.
WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with
a public transit system, including a contract with Johnson County SEATS for serv-
ice intended for persons who cannot utilize Iowa City Transit because of physical
or mental limitations, and
WHEREAS, the State of Iowa Department of Transportation has in existence the State
Transit Assistance Special Project Fund to assist Iowa transit systems with emer-
gency one-time requests for funding, and
WHEREAS, due to high ridership additional funding in the amount of $6,000 is
needed to insure the uninterrupted provision of SEATS service to Iowa City resi-
dents in FY88, and
WHEREAS, Iowa City Transit wishes to acquire $3,000 in state funds in order to
leverage local private funding which is available to purchase a shelter for bus
passengers, and
WHEREAS, additional funding in the amount of $6,000 is needed to complete the
downtown transit information center project for which partial Section 9 funding
has already been acquired;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That JCCOG is authorized to submit any application documents which may be
required in conjunction with said request.
2. That the City Manager is authorized to sign any contract documents in conjunc-
tion with said request.
It was moved by Zuber and seconded by Strait the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
X ZUBER
Passed and approved this 22nd day of December 1987.
,o. I
MA 0
ATTEST:
CITYLERK
rpe NmsnQ
/ 7ps
RESOLUTION NO. 87-303
RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
FOR THE INITIATION OF "PARK 'N RIDE" SERVICE AP THE SYCAMORE MALL.
WHEREAS, the City of Iowa City is seeking to increase ridership on its public
transit system; and
WHEREAS, the JMB Realty Trust, Owner of the Sycamore Mall property, is seek-
ing to increase vehicular and pedestrian traffic, and.business at the Syca-
more Mall; and
WHEREAS, the City and JMB Realty Trust have determined that it would be in
their mutual interests to initiate a "Park 'n Ride" service in the Sycamore
Mall parking lot, pursuant to which persons commuting to school or work in
Iowa City would be encouraged to park their cars in the Sycamore Mall parking
lot and ride City buses to school or work in Iowa City; and
WHEREAS, an Agreement for Initiation of "Park 'n Ride" Service and for Desig-
nation and Operation of a "Park 'n Ride" Parking Lot at the Sycamore Mall,
attached hereto and made a part hereof, has been negotiated and prepared for
consideration by the City Council; and
WHEREAS, this City Council believes that it would be in the best interests of
the City to execute said Agreement and to initiate "Park 'n Ride" service at
the Sycamore Mall.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, that the Agreement attached hereto and made a part hereof
is hereby approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are
hereby authorized and directed to execute and attest, respectively, 'said
Agreement for and on behalf of the City of Iowa City, Iowa.
It was moved by Strait and seconded by Dickson
the Resolution be a op e , and upon-777—call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 22nd day of December , 1987.
ATTEST:�j
Ll Ir CLERK
11 1111 -0
Rived oved
ppr
R, J?parftmnt
17016
.1.
employees and agents from and against any and all claims, suits,
actions, debts, damages, costs, charges and expenses, including court
costs and attorney's fees, and against all liability for property
damage and personal injury, including death resulting directly or
indirectly therefrom, arising from any act of negligence of the City,
either active or passive, or those of its agents or employees, in the
operation of transit system buses in the Sycamore Mall parking lot.
6. Owner hereby agrees to use reasonable care and prudence in the opera-
tion, maintenance, and general supervision of the Sycamore Mall park-
ing lot, including the area designated on Exhibit A hereto as the
"Park n Ride Lot." Owner further agrees to indemnify, defend, and
hold harmless the City, its officers, agents, and employees, against
any and all claims, suits, actions, debts, damages, costs, charges and
expenses, including court casts and attorney's fees, and against all
liability for property damage and personal injury, including death
resulting directly or indirectly therefrom, arising f
negligence of Owner, either rau any act of
active or passive, or those of their
agents, employees, assigns, or any other person acting on their behalf
in the operation, maintenance, or general supervision of the Sycamore
Mall parking lot, including the area designated on Exhibit A hereto as
the "Park n Ride Lot."
7. The City and Owner agree that either party may terminate this Agree-
ment and the "Park n Ride" service at the Sycamore Mall parking lot
upon 30 days notice in writing to the other party.
8. Every notice or other communication to be given by either party to the
other with respect to this Agreement shall be in writing and shall not
be effective for any purpose unless the same shall be served person-
ally or by United States mail, by certified mail, return receipt
requested, addressed to the parties at the addresses set forth below:
If to Owner: If to City:
SyJMB camoopertyre Management Company Iowa City Transit Manager
1600 Sycamore Road Civic Center
410 E. Washington Street
Iowa City, IA 52240
Iowa City, IA 52240
Either party may change its address for notice by giving notice in the
manner herein above provided.
9. Any liability of Owner for the purpose hereof (including, without
limitation, Owner's parties, principals, affiliates, agents (includ-
ing, without limitation, JMB Property Management Company and employ-
ees) to City shall be limited to the interest of Owner in the Sycamore
Mall Shopping Center and City agrees to look solely to such interest
for the recovery of any judgment, it being intended that Owner shall
not be personally liable for any deficiency or judgment.
/1%
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OWNER:
JMB REALTY TRUST
By: JM
Ag
By
Attest: A//"4/1
State of Illinois )
Cook County SS:
On thisn day of 19 before me, the under-
signed, a No£ary Public in and or t e state of 11 i of ersonally
appeared is t2t,..jj �e�a l and CC c to me
personally nown, a w o,. ng y me duly sworn, i say a ey are
the President and �a}—r respectively, of JMB
Property Management Conpany, a imi%�d p`a"OnFiip—executing the forego-
ing instrument; that JMB Property Management Comp
any is the duly author-
ized agent of the Owner of the property subject hereof, and is authorized
to execute this instrument for and on behalf of the said Owner- that no
seal has been procured by JMB Property Management Company; that
acknowledged the execution of theinstrument to be vthe
vo un ary ac and deed of the limited partnership, by it and by them
voluntarily executed.
h'. F!h!IFFB M BOLM N 0 t ary P U b 1 1C �n an r4 or iFieMur 1T o s
oe:
THE CITY OF IOWA CITY/,, IOWA /
f Wi lam J. y rise
Attest: ,,,,�
Harlan K. Karr, •1c cy W er
eAlved rApprovad
• _y DeparhtNN
7
704
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a
11
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 22nd day of December , 1987 , before me,
Gina O'Donnell a Notary Public in and for the State of
Iowa, personally appeare i iam J. Ambrisco and Marian K. Karr, to me
personally known, and, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of
the corporation, by authority of its City Council, as contained in
(ftic}aaa* (Resolution) No. 87-303 passed (the Resolution adopted) by
the City Council, under Roll a No. of the City Council on the
22nd day of December ; 7 87 , and that William J.
Tin Fiscan K. Ko and Mariarr ac naw edge t e axecution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed. (�
Notary Public in and for the State of Iowa
17810
RESOLUTION NO. 87-304
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA, AND THE IOWA STATE BANK & TRUST COMPANY.
WHEREAS, the City of Iowa City is the owner and holder of a mortgage in
the amount of $70,000 executed by United Action for Youth, Inc., dated
October 1, 1987, and recorded in Book 981, Page 46, in the Johnson County
Recorder's Office covering the following described real estate:
Lot 6, Block 45, Iowa City, Iowa, according to the recorded plat
thereof.
WHEREAS, the Iowa State Bank & Trust Company, will loan the sum of
$135,000 on a promissory note executed by United Action for Youth, Inc.
and secured by a mortgage from the Iowa State Bank & Trust Company; and
WHEREAS, there is sufficient value in the above-described real estate to
secure the City's loan as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the Mayor is authorized to execute and the City Clerk to attest a
Subordination Agreement between the City of Iowa City and the Iowa State
Bank & Trust Company of Iowa City, Johnson County, Iowa, which is attached
hereto and hereby made a part of this agreement.
It was moved by McDonald and seconded by Zuber the Resolution
be adopted, and upon r�lT there were:
! AYES: NAYS: ABSENT:
X AMBRISCO
BAKER
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
X ZUBER
Passed and approved this ZAnd day of December 1987.
4
o
ATTEST:
vd-
/787
.o•
SUBORDINATION AGREEMENT
AGREEMENT made this 22nd day of December
1987 ,between
the City of Iowa City, Johnson County, Iowa, herein referred to as the
City, and I" State Bank & Trust Co , of Iowa City, Johnson County, Iowa.
IT IS AGREED AS FOLLOWS:
WHEREAS, the City is the owner and holder of a certain kY641tlb(i(D(ibft,ibh
loan which at this time is in the amount of $ 70,000
executed by
Pity of imWa City and United Action for Youth Inc.
dated —Octob r 1 19 87 , and recorded
October 1
in Book— 1987,
981 at page 46 . in the Johnson County Recorder's Office
covering the following described real estate:
Lot 6, Block 45, Iowa City, Iowa, according to the recorded plat thereof.
WHEREAS, Iowa State Bank & Trust Co. is about to loan the sum of
5_ 135.000 on a promissory note to be executed by Iowa State Bank & Trust Co.
t and United Action for Youth Inc-
secured by a mortgage covering the real
j estate described, and
WHEREAS, to induce Iowa State Bank & True Co to make such loan it is
i
necessary that the rehabilitation loan held by the City be subordinated to
the lien of the mortgage about to be made by Iowa State-nk R T_ r„_ *� �_
For the reasons set forth above, and in consideration of the mutual
covenants and promises of the parties hereto, the City agrees as follows:
717
2
1. Subordination. The City hereby covenants and agrees with Iowa
State Bank & Trust Co. that the above-mentioned rehabilitation loan
held by the City is and shall continue to be subject and subordinate to
the lien of the mortgage about to be made by Iowa State Bank & Trust Co..
2. Consideration. In consideration of the City of Iowa City
subordinating the rehabilitation loan held by it to be the mortgage of
Iowa State Bank & Trust Co. shall make the above-mentioned loan to
United Action for Youth. Inc. and
3. Mortgagee. The mortgage to United Action for Youth. Inc. shall
be in the amount of $ 135.000 with interest atIQ2L percent due and
payable in 300 monthly installments and the City hereby acknowledges the
i notice of the mortgage and acknowledges it as a lien superior to the
t(A1XdOXk1(XkYi(RU loan of the City.
4. Binding effect. This agreement shall be binding upon and inure to
the benefit of the respective heirs, legal representatives, successors,
and assigns of the parties hereto.
ATTEST:
2
City Clerk
.o•
•
CITY OF IOWA CITY
6l/AQXJ�r_,1_ Ol9llLA r;�
Kay—or
i
rig .�ti (
:'i °sa l.nlinr sl8
' 781
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s
STATE OF IOWA
SS:
JOHNSON COUNTY
On this 22nd day of December , 19 87, before me, the
undersigned, a Notary Pub is in and for the State of Iowa, personally
appeared William J. Ambrisco and Marian K. Ka
to me personally known, who, being by me duly sworn, did sayrr athey are
the Mayor and City Clerk respectively, of said municipal corporation
executing the within and foregoing instrument to which this is attached,
that the seal affixed thereto is the seal of said municipal corporation;
that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its City Council; and that the said
William J. Ambrisco and Marian K. Karr as such o—ficers
acknowledge the execution of sai —instrument o be t e voluntary act and
deed of said municipal corporation, by it and by them voluntarily exe-
cuted.
CA O Vn4 \ 1 C�cpr�
Notary Public in and for said State
/787
o•
I
RESOLUTION NO. 87-305
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY EMANUAL
S. SWARTZENDRUBER.
WHEREAS, on June 8, 1982, Emanual S. Swartzendruber executed a promissory
note to the City of Iowa City in the amount of $10,530.00 for value received
by way of a Housing Rehabilitation loan, and
WHEREAS, said promissory note provided a lien against subject property, and
WHEREAS, $8,424.00 of the full amount of said note has been forgiven in full,
and the existing principal of said note is $2,106.00, and
WHEREAS, the loan agreement states that any outstanding principal shall be
forgiven upon death.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien, whereby the City does release the affected property
from an obligation of Emanual S. Swartzendruber to pay to the City the
principal amount of $2,106.00.
It was moved by McDonald and seconded by Strait
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 22nd day of December 1987.
' 1 R
ATTEST: ga � -
Received P :approved
By The Sege.! Department!
/7?9
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: Date: December 22 1987
That the City of Iowa City and the Housing Rehabilitation Program do hereby
release the following -described property:
The south half of Lot Five (5) in Block Forty-three (43) in East Iowa
City, Johnson County, Iowa, according to the recorded plat thereof.
from an obligation of Emanual S. Swartzendruber to the City of Iowa City, Iowa,
in the principal amount of E 2,106.00 represented by a promissory note recorded
in the Office of the Johnson County Recorder on June 14, 1982, in Book 31,
pages 235 and 236.
This obligation has been forgiven in full for reason of death.
CITY OF IOWA CITY, IOWA
Y'
ayor
ATTEST:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 22nd day of December , A.B. 19 87 before me, the under -
appeared William
signed, a f;�aduly sry pub x in an or sal County, in said State, personally
J. Ambrisco and Marian K. Karr, to me personally known, who
tivelyof
being by worn, did say that they are the Mayor and City Clerk, respec-
instru, of said municipal corporation executing the within and foregoing
ment; that the seal affixed thereto is the seal of said corporation by
authority of its City Council; and that the said William J. Ambrisco and Marian
K. Karr as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
0 CS1 e
uol is i in ano 16, o nson L'ountyT
icc^ived A Approved
By 1 -ha tui::' iJopnrfraenr=
!70
.o•
OF
iIL
RALPH L. NELIZIL
DALE SANDERSON
NEUZIL & SANDERSON
ATTORNEYS AT LAW
119 WHIC11TSFREET
I'.O. n0% 1607
IOWA CITY, IOWA 52244
November 19, 1987
Ms. Pamela Barnes
Iowa City Housing - Rehabilitation
Civic Center
Iona City, Iowa 52290
RE: Emanuel S. Suartzendruber
Dear Ms. Barnes:
TELEPHONE:
IOWA CITY 131 91 337-31 67
OXFORD (3191628-4175
Be advised that Emanuel S. Suartzendruber died at Iowa City, Iowa, on December
30, 1986, and at the time of his death he was residing at 1012 6th Avenue, Iowa
City, Iowa. For reference, a copy of a disclosure statement and note that was filed
on June 8, 1982, and a copy of the death certificate is attached. The property has
been sold by the estate and an objection has been raised concerning a release for
the note and disclosure.
In my file I had a pencil note to the effect that I have called you about this
matter and a release would be prepared and either sent to me or placed on record.
To the best of my knowledge, I don't have a copy of that release in my file and I
am wondering if lie could take whatever action is necessary to get this done. Either
send it to me and I will have it recorded or have it recorded by the City, whichever
would be the fastest and most convenient for all parties concerned. I will await
your response.
RLN:dc
Ralp Neuzil
Attorney at Law
Off
FEE 9,40 Hous,
n V w, •ay�lrsm
City ofhIow C. Program ai
Iowa Ci tY, Iowa, FILED P �3bU d
DISCLOSURE STATEMENT BOOKPACE
Application Number:
19B UM 14 AN :01
Applicant Name and AjIH
ddress: Emanual
S. Swartzendruber u8Eilli �N
RECORDER
1012 6th Avenue 0 NSON CO,. IOW
Iowa Cit IA 52240
Lien for Property at: See Exhibit A.
{
llue,0ates and Payments:
i i1) If sale or transfer
amount which before June 8, 1983
(2) If sale is 10 530.00 becomes then full
o. transfer before due and payable,
Jon— 8 1983 June'8 1984
and payable " then 80 which is but after
(3) If sale or tranfer before June 8 S 8 425 becomes due
an Payable.
8��, then 60 1985
[Q�PeYable. which is $g—but after
(4) If sale or transfer becomes due
1r� June 8 1985 before June 8 1986
and pay blew then q0% which is but after
(l 111" (5) If sale or transfer before q 2— becomes due
1 June 8, 1986 June 8, 1987
V 11' and pay lam, then 20% which is g but after
If sale or transfer ecomes due I
is re after 1988
y� required and the lien June 8
�s cancelled. then no
Creditor:. City of Iowa Cit Payment
funds from the U. ut�l1ZIng Community
S Department -of Houinngvand PUrban ment 80evelorant
NO INTEREST RATE TO DE CHARGED ON THIS
pment.
I acknowledge receipt ofNOTE.
a copy of this statement.
.c lift
Date
�etaG .rte
/Q9WLJ L
Witne—ter.
vOlvad G
c c Me Loan
G.
0
W
%660 � 3 hIFS r _n
FIVE YEAR PROl4ISSORY NOTE �'� "cif"JA'
REHABILITATION LOAN
DATE: 'June 8
1982 PLACE: 1012 6th Avenue
For value received Iowa 6th A IA
en CASE NUMBER. 82/304/4
order of the Civ , the undersigned Joint)
Housing and Inspection Services the
b andnt several)
of
this hrbu y pr0m�se(s) to pay to the
Note is payable he sum of D M the Director,
anniversary of this °p the transfer of cne The full Department
on
anniversary of this Note. Transfer of t Property prior
remaining 20% would Note
would 're he Property prior t0 the first year
he second anniversar given, quire 80% of the Principal to be called due.
y of this Note Transfer of the Year
remaining 40% shall be forgiven Would require 60% of Property prior to the The
anniversar g1Ven. Transfer of t the Principal -to be called year
Transfer of the this Note would require 40% of s Property The
q 20% of the operty Prior to .the P Y Prior to the fourth year
re uire the Principal
this Note Pal to be fifth Year anniversar) to be called due.
100% of the Principal wjllcalled due. After Y of this
be the fifth anniversarote would
Should the pro Property given. y date of
this prom. Prop y be damaged to such an extent t
note shall be
Promissory
orote exceed the value of the that the
part of the givenDa
ma dwelling amount of money stated in
borrower or mages resulting from g located upon the
Proposal Also with his/her consent wanton or reckless premises, the
one or more of the ny transfer resulting shall not fall within the scope on the
undersi a from the death orPe of this
Undersigned would mean 100% of the Princiincapacitating
forgiven.
In the event the undersi illness of
when due the whole ersigamouned shall
fail
lsho y t forgiven.
the holder without l b the Principal, or a
attorney's fees, notice. The undersigned me due and a Portion thereof,
consent to the times of Endorsers in case of suit Payable at the option of
Payment of agree to all of the provjsiOhero n' agrees to pay
In witness all .or any part hereof. ns f this
whereof, t�js Note, and
Note
j� day of ; /ct � has been duly executed by the undersigned, on the
19
it -
i.'•,.✓i��.44i cif
EC L
'l�tt1 c,tin `
STATE OF IOWA
�i
JOHNSON COUNTY) ss i
under
this d�� day °f,
jgned a Notary Public inlae. nd r
aPPeared �; . for said CountA D ` 19 before
- �c ,. Y, in said State me, the
persons c1^2•, rQc, c , personally
acknowledged edt in and who to
ged that they executed the me known to be the
he executed the same within and (°regain id fcdj
as their voluntar U instrument, and
y act and deed.
C1.
Notary pub is in and ` °I ` for said Cou- n�
.o•
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EXHIBIT A
The south half of Lot Five (5) in Block Forty-three Johnson County, lova, accordin
Subject to y three (43) in East
Iowa agree to assu the following: The g to the recorded plat
mortgage which
and pay the remainin grantee does
Corporation of was giVep b g balance due hereby
September 2 Iowa, dated Ary st 30,01958° General Mortgage
Of Johnson Coun58, in book 121, page 6) , and recorded on
which was assi y' Iowa, said mortgage , M rtgage Records
Union State Bankeatby General Mortgage CorpbeinorationaOf Iowa to
recorded on October Zinterset, Iowa on October 2
Johnson County, Iowa ' 1958' in book 231,Page 13, records 1eco and
.rds of
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AP
TYPE +TOT....... CERTIFICATE OF DEATH
OR PRINT Otc[Olx1-HANE
IN ruu w,3.0 1•H SEA
PERMANENT
DI.ACK INN I. Emanuel S. Swartzendruber I. P
FOR RACE w.m necx, AM.n—A AGE—
VSTflUCT10N5 1xOlAn a C I.r.c 1 wl uxou I rtu UxoK I o.r DATE 0/ II0.TH 1
SEEIrr
Nnxo .11A.11rol. WN
...{
HANDBOOK
1. White 1,. 78
ININ 0.111 .x11 ow.
IA) Pulmonary embolism
CITY, TOWN, OR LOCNIION OF DEATH ,w101
several days
c,w 1,•Iq
NosrrtAl.
' I
n. Iowa Cit n. Yes
u. PL
STATE Of It I of w O.1.A., MA
CITIZEN Of WHAT EDUNTRY
MARRIED,
ine.xc.
mv.xY1
It I... 1 V,I,oii:
WIDOWED
Ma
E. Ohior.
U.S.A.
Wit
1A
SOCIAS SECURITY NUMBER
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RESIDENCE—STATE
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u o. .'IH. 1017. 6th Avenue
u.. Iowa u3. Johnson N,. Iowa City MI. Yes
M. IAIHSR—NAME ..... -AANI WI MOIHG—MAIDEN NAME In{, W0011
I N. Simon Swartzendruber I1. Catherine Ley
INFORMANT—NMI( AUIIING ADDRESS 11111110. I.I.O. NO., C." OI ,ONN, U.11, till
IF. Robert Swartzendruber (Son) 171. R.R. li 3 Box 23 Iowa City, Iowa 52240
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23. Dr. Oscar Beasley MD 2460 Towncrest Drive Iowa City, Iowa 52240
BUAIAI, CIIEMAIION, REMOVAL CEMETERY OR CREMAIDAY—NAME IOGIION 01r 0. 10.. n.11
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RE. Jan. 3. 1987 I.. Donohup-T.pn OiTln .rAn; Pi et.r.,n,x,l n-- T.:9 r_.._ .._._. 1. ....,,
- I. Edward F Stainbach, ciat of the, oistrld
COUn arid for Johmn
County IThe do hereby Cart) thOf atthisfastruliand
complete copy of th Oawrial Irrtnernanyq
filed in this
office consiatinof 1
IN TESTIMONYUUE- F,1lrys hnyltbM
mYhandendaffWdDrSulcts',a,Collrtawny
office in foes city, kes yly]2th�,,, ,a
CLERK OF DISTRICT COURT
0
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RESOLUTION NO. 87-306
A RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE
DEVELOMENT, UE ON OF A JOINT
ANIMALPCONTROLS
FACI ITY A AND A POINTING IOWA CITYASENT AND IREPRESENTATIVES
TO THE ANIMAL CONTROL ADVISORY BOARD.
WHEREAS, the City of Iowa City and the City of Coralville recognize a need to
provide adequate animal control services to their citizens; and
WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable
by a public agency of this state may be exercised jointly with any other
agency of this state having such power; and
WHEREAS, the cities of Iowa City and Coralville, with the assistance of
JCCOG, have negotiated the terms of a Chapter 28E Agreement for the Develop-
ment, Use, Occupancy, Management and Operation of a Joint Animal Control
Facility, a copy of which Agreement is attached hereto and made a part
hereof; and
WHEREAS, it is in the interests of the City of Iowa City and the City of
Coralville to enter into said Agreement providing for a joint animal control
facility, and to appoint representatives to the Animal Control Advisory
Board, established pursuant to said Agreement, to assist in the development
and operation of said facility; and
WHEREAS, the City Council has determined that the approval and execution of
said Chapter 28E Agreement would be in the interests of the citizens of the
City of Iowa City.
NOW, THEREFORE, BE IT HEREBY RESOLVED:
1. That the Chapter 28E Agreement for the Development, Use, Occupancy,
Management and Operation of a Joint Facility Animal Control Facility, a
copy of which is attached hereto and made a part hereof, is hereby ap-
proved as to form and content;
2. That the Mayor and City Clerk be, and they are hereby authorized and
directed to execute and attest, respectively, said Chapter 28E Agreement
for and on behalf of the City of Iowa City, Iowa;
3. The City Clerk be and is hereby authorized and directed to file said
Agreement in the offices of the Secretary of State and the Johnson County
Recorder, as provided by Chapter 28E of the Iowa Code; and
17BI
Between The CityEOfNIowa City
and
The
City Of
Providing fortheDevelopment, Use,
Management, and Operation of a Joint Animal OControl YFacility
Witnesseth:
WHEREAS, representatives of the City of Iowa Cit
and the Johnson County Council of Governments did undertake Of to Coralville
yl
Rthe
feasibility and plan the development of a joint animal control facility to
be located in Iowa City, Iowa; and
WHEREAS, after study and report by the said representatives, the City
Councils of Iowa City and Coralville did express their su
development of said joint facility; and
pport for the
WHEREAS, this Agreement has been negotiated
direction of the said City and prepared pursuant to the
operation of said joint and to effectuate the development and
ifacility.
NOW, THEREFORE, the Cities of Iowa City and Coralville (hereafter "the
parties) do hereby agree as follows:
a - uotnt Exercise of Powers Under Cha ter 28E of the Code of Iowa.
1. Pursuant to Chapter 28E of the
Code of
hereby agree that the purpose of th985q Agreement is a, thedo
their respective g parties se
and manage a powers to finance, develop,jointly exercise
for the impoundment adoption, improvement to -wit, animalucontrol�facility
P and disposal of animals.
2. The parties hereby agree that this Agreement shall be effective upon
its execution by both parties, and that it shall remain in effect
until terminated by the parties, or either of them, as hereafter
provided.
3• The parties hereby agree that the City Manager of the Cit
City shall be designated as the administrator for purpose of this
Agreement as provided b Y of Iowa
the City Manager shall yadminister ethe contracts E.6 of the dforfthe adesi n that
Coe
of the joint facility, and shall administer the manage-
ment and operation of the facility after completion of construction and
4. The parties hereby
t the
equipping of the jint ranimalacont olddevelopment,
, facility construction, and
nanced by them as provided in Part II hereof, and that the operation
and management of the facility be
jointly fi_
provided in Part III hereof. shall be jointly funded by them as
S. The parties hereby agree that the joint animal control facility shall
be constructed and located upon the property described in Exhibit A
hereto (hereafter "the property"), which is property owned by the City
Of Iowa city, and that the joint animal control facility shall be
/789
0
petitive bid procurement and contract award process, which process
shall be conducted in conformance with Chapter 384 of the Code of
Iowa.
4. The parties agree that the City of Iowa City will be bound to accept a
bid for construction of the facility and to award a contract for
construction only if the low bid received (1) will allow the joint
animal control facility to be constructed as designed for an amount
not exceeding the estimated cost thereof, as approved by the City
Councils of Iowa City and Coralville, (2) is from a responsible bidder
acceptable to the City of Iowa City, and (3) is responsive, complete,
and in satisfactory form. In the event the low bid exceeds the esti-
mate, Iowa City shall obtain the approval of the Coralville City
Council before awarding the contract.
5. The City of Coralville agrees that, upon award of the construction
contract for the facility by the City of Iowa City, it shall be obli-
gated to contribute to the City of Iowa City an amount equal to 13.28%
of the capital costs of the project. Capital costs shall include
design cost, land value, construction cost, and equipment cost, to
which Coralville shall contribute as follows: (1) an amount equal to
13.28% of the design cost of the facility; (2) an amount equal to
13.28% of the land value for the facility (43,670 sq ft @ $3.00/sq ft
= $131,010 x .1328 = $17,398); (3) an amount equal to 13.28% of the
contracted construction cost of the facilities; and (4) an amount
equal to 13.28% of the cost of equipping the facility.
Coralville's contribution to the design cost for the facility shall be
due and payable within 30 days of its approval of the plans and speci-
fications and cost estimate for the facility.
Coralville's contribution to land value shall be due and payable
within 30 days of the award of the construction contract. Coralville's
contribution to the cost of construction shall be paid to the City of
Iowa City in periodic progress payments, each payment to be due and
payable within 15 days of the City's approval of each progress payment
to the contractor, the amount of each such payment to be calculated as
follows:.1328 x progress payment payable to contractor =
Coralville's periodic progress payment.
Representatives of Iowa City and Coralville shall prepare a schedule
of joint equipment proposed for purchase for the facility. Upon ap-
proval of such schedule by the City Manager of Iowa City and the City
Administrator of Coralville, Iowa City shall proceed to purchase such
equipment. Coralville's contribution toward the cost of purchasing
such equipment shall be paid within 30 days of Iowa City's presenta-
tion of invoices therefore to Coralville.
Part III - Use Occupancy. Management and Operation of Joint Animal Con-
!ht
on-
raciniy.
1. Grant of Undivided Right to Use and Occupy.
In consideration of Coralville's contribution to the property and
construction costs of the facility, and its commitment to contribute
to the ongoing costs of operation and maintenance of the facility, the
M
/789
City of Iowa City grants unto the City of Coralville an undivided
right to the use and occupancy of the facility as hereafter provided.
The parties agree that the City of Coralville's right to use and
occupy the facility is not exclusive, it being the intent of the
parties that the facility is to be shared and jointly used by them for
the purposes hereafter provided.
2. Premises and Term.
The City of Iowa City hereby agrees that the City of Coralville shall,
during the term of this Agreement, have the right to use and occupy
the premises for the purposes hereafter provided. The term of this
Agreement shall be indefinite, termination thereof to occur as hereaf-
ter provided. The City of Coralville's right to use and occupy the
premises shall commence when the City of Iowa City opens same for its
use.
3. Possession and Use of Premises.
The parties agree that the joint animal control facility shall be used
for the impoundment, adoption, and disposition of small animals (dogs,
cats, and the like), and for the administration of their respective
animal control functions.
The facility shall include sufficient office space for personnel
charged with administering the facility and Iowa City's animal control
function. A portion of said office space, sufficient to accommodate
one person, shall also be assigned to the City of Coralville for
purposes of administering its animal control function.
One parking space in the parking lot adjacent to the facility shall be
reserved for the use of Coralville animal control personnel or the
Coralville Police Department. Space within the facility shall be
assigned by the Animal Control Advisory Board in accordance with this
provision.
4. Operation and Maintenance.
The City of Iowa City shall have the responsibility for the physical
operation and maintenance of the joint animal control facility. The
City of Iowa City shall have responsibility to properly operate and
maintain the facility, under such guidelines as are developed by the
Animal Control Advisory Board and approved by the City Councils of
Iowa City and Coralville. The City of Iowa City shall have the re-
sponsibility to properly operate and maintain the facility, including
the building, grounds, and equipment, and shall have responsibility to
provide general supervision of the entire facility during normal
operating hours.
The facility shall be under the general administration and supervision
of the City Manager of the City of Iowa City, who may delegate respon-
sibility for the day-to-day operation of the facility to the Chief of
Police or Animal Control Supervisor, or such other individual as the
City Manager may from time to time designate.
/769
M
she parties further, agree that personnel of the Cit
intake all animals presented for impoundment
citizens of Iowa Cit Y of Iowa City
for each city of all such Coralville, and will keep bypersonnel
recordor
s
thereafter provide care mpoundments, Iowa Cit
Will administer and shelter for the y Personnel shall
accordingthe reclaiming, adoption animals impounded, to the respective ordinances and rregulat onsOf of and
and wil7 collect all fees associated such animals
therewith. each city,
The Animal Control Advisory Board shall develop
rules and regulations for operation of the Animal Control Facility,
governing or
Proposed detailed
era tion and adoption t, adoption, and disposal
The Animal Control n by the Cit P of animals, for consid-
er other representatives y Councils of Iowa City and Coralville,
Advisory Board shall, in conjunction with the staff
uniform animal control °f Iowa City and Coralville
licensing, animal adoptionordinances, including uniforanimalm feeslso develop
the City Councils of Iowa City dand Coralville.m for animal
for consideration by
5, Budget and Cost Sharin
On or before January 1 of each year, the Iowa
Supervisor shall cause to be the
a
item budget for the preliminary
Animal Control
control facility operation and maintenance nary fiscal year line
said bud y for the next succeedingyear the joint animal
said i budget
to be submitted to the Cityfiscal year, and shall cause
The Animal and the Animal Control Advisory Board
Iowa City, the City of
said bud Control Advisory Board shall thereafter or their review.
Board get' In reviewing the initial budget for said facility shall determine let and review
personnel costs are what portion of Iowa Cit y. the
what portion of saidacostsri u are oto its
saanimal City's animal control
animal said
facilitto thetoperation rol �Of tand
he
each year, make a recommendation Board shall, on or before February
Coral -
Ville regarding the bud the Cities Y 1 of
making its initial reco m endat ontregardm�l of Iowa City and Coral -
said facilit control facility, and in
expense is attributablecommend what to the perationtofnof theefacilitfirst year bud
Iowa City s get for
personnel expense attributable to o Personnel
allocated for payment b operation of the y' Iowa Cityls
share formula hereaftersetand Coralville pursuant�tto shall e
Each fiscal year budget for the facility shall reflect estimated
expenses for operation and maintenance of the facility in but
facility, the expense categories shown on the Sample Bud
Y, Exhibit 8 hereto. not
include, but not be limited tCoost share items in said budget foshall
operation (salaries, FICA, Socialtheollowing; personnel costs for
liability and property insurance security, IPERS
tric), clerical su utilities ' medical insurance),
for impounded animeplsies, maintenance Supplies (gas, telephone, elec-
Ca PP lies, food and medical costs
to be purchased during saidfiscalP rchase items (equipment) which are
shared be the parties, shall be set forthyear andhe which are
the budget. to be
similarly identified in
/781
.o
The parties do hereby agree to annually budget and contribute monies
during the tern of this Agreement to defray the expense of operating
and maintaining the joint animal control facility. The parties fur-
ther agree that Iowa City shall have responsibility to budget for and
pay all costs and expenses associated with operation and maintenance
of the facility as they accrue, and to act as comptroller in that
regard. Coralville hereby agrees, for so long as it shall retain the
right to occupy and use the facility under this Agreement, to contrib-
ute monies to the City of Iowa City to assist in defraying Iowa City's
costs and expenses in operating and maintaining the facility, which
contribution shall constitute consideration for its continued use and
occupancy of the facility.
The parties agree that their respective cost share percentages for the
facility shall be calculated on the basis of the Residential Assessed
Values, as follows:
(a) Iowa City's cost share percentage =
Iowa City's Residential Assessed Values a Total Residential
Assessed Values in Iowa City and Coralville
(b) Coralville's cost share percentage =
Coralville's Residential Assessed Values - Total Residential
Assessed Values in Iowa City and Coralville
The parties further agree that their respective cost share percentages
for the first year of operation of the facility, based on 1986 Resi-
dential Assessed Values, shall be as follows:
Iowa City: 86.72%
Coralville: 13.28%
The parties further agree that their respective cost share percentages
for subsequent fiscal years shall be calculated on the basis of the
most recently available Residential Assessed Values for both communi-
ties.
Coralville agrees that it shall be obligated to contribute annually
during each fiscal year, as its share of said expenses, an amount
equal to its cost share percentage of cost share items identified in
the adopted budget for the facility. For purposes of this provision,
cost share items shall mean those cost and expense items from the
fiscal year budget for the facility which the parties have agreed to
share, examples of which items are shown in Exhibit B. Coralville
agrees to pay its annual fiscal year contribution in 12 equal monthly
payments, each monthly payment equal to 1/12 of the appropriate per-
centage of the cost share items identified in the adopted budget for
the facility for that fiscal year. Each monthly payment shall be made
in advance, on or before the 20th day of the preceding month.
The parties further agree that all fees paid by citizens of Iowa City
and Coralville for animal licensing, for reclaiming animals from
impoundment, and for adopting animals, whether collected at the animal
control facility or elsewhere, shall be applied to pay the costs of
operating and maintaining the animal control facility, and that the
remainder of the costs of operating and maintaining the facility shal
/7189
.1.
be paid by the cities of Iowa City and Coralville, as hereafter pro-
vided. Such fees collected by the City of Coralville from Coralville
residents shall be retained by Coralville. Such fees collected by the
City of Iowa City, whether paid by residents of Coralville or Iowa
City, shall be retained by Iowa City. At the end of each quarter, both
Iowa City and Coralville shall account for and report all such fees
collected, and shall send such report to the other party within 30 days
of the close of each quarter. Coralville shall remit to Iowa City with
each quarterly report the amount of fees collected by it during that
quarter.
The City of Iowa City agrees that at the close of each fiscal year it
will prepare a reconciliation report and that it will forward said
report to the City of Coralville on or before August 31 of each year.
Said report shall reflect (1) actual costs and expenses for all budg-
eted line items in the budget for the facility for the preceding fiscal
year, (2) actual costs and expenses for cost share items in said bud-
get, (3) unbudgeted costs incurred, and (q) the amount of all fees
collected by Iowa City and Coralville, as provided in the preceding
paragraph.
Said
report shall also
reflect the adjusted contributions
to be paid by
Iowa
City and Coralville for operation and maintenance of
the facility.
The
adjusted contributions
shall be calculated as follows:
(1)
Actual expenditures for cost share items (including if
appropriate
unbudgeted costs
incurred), less (-) fees paid to Iowa
City and
Coralville, = net
cost of opera -:ion and maintenance.
(2)
.1328 (Coralville's
cost share percentage) x net cost
of operation
and maintenance =
Coralville's adjusted contribution.
(3)
.8012 (Iowa City'
cost share percentage) x net cost
of operation
and maintenance =
Iowa City's adjusted contribution.
In the event that Coralville's actual dollar contribution for said
fiscal year exceeds its adjusted contribution, Iowa City shall remit
the difference to Coralville in the form of a refund payment. In the
event that Coralville's actual dollar contribution for said fiscal year
is less than its adjusted contribution, Coralville shall remit the
difference to Iowa City in the form of a final payment.
The City of Coralville shall either approve or object to said recon-
ciliation report within 30 days of receipt thereof. Said report shall
be deemed to be approved by Coralville if not objected to within said
30 -day period.
The parties agree that Coralville's final payment, or Iowa City's
refund payment, as set forth in the reconciliation report, shall be due
and payable within 30 days after Coralville's approval of the recon-
ciliation report.
1789
.o1
Part IV - General Provisions.
I. Declaration of Default and Notice.
In the event that either party determines that the other has defaulted
in the performance of its obligations hereunder, the aggrieved part
may declare that default has occurred and give notice thereof to the
defaulting party. Notice of default shall be given in writing, shall
specify the nature of the default and the provision of the Agreement
involved, and shall specify what action is required of the defaulting
party to correct the default. The defaulting party shall have 30 days
from the date of its receipt of the notice of default to correct the
default. If at the end of said 30 -day period the default has not, in
the opinion of the aggrieved party, been corrected, that party may
thereupon pursue its remedies as provided in paragraph 2 hereof.
2. Remedies Upon Default.
In the event of default by the City of Coralville in its obligation to
make contributions to the costs of construction of the joint animal
control facility, as provided in Part II, or to make contributions to
the costs of operating and maintaining the joint animal control facil-
ity, as provided in Part III, or a default by Coralville in the per-
formance of any material provision of this Agreement, the City of Iowa
City may, at its option, after declaring default and giving notice
thereof, terminate this Agreement and/or seek specific performance of
its provisions.
In the event that Coralville terminates this Agreement as hereafter
provided, Coralville shall have the obligation to make contributions
to the costs of operating and maintaining the joint animal control
facility during the entire term of this Agreement, regardless whether
or not Coralville continues to occupy and use the facility during the
entire term, and Iowa City shall be entitled to specific performance
to enforce this provision.
In the event of default by the City of Iowa City in its obligation to
operate and maintain the joint facility as provided in Part III
hereof, the City of Coralville may, at its option, after declaring
default and giving notice thereof, terminate this Agreement and/or
seek specific performance of its provisions.
3. Termination.
The parties hereby agree: (a) that either party may terminate this
Agreement by giving notice of termination as hereafter provided; (b)
that this Agreement shall not terminate at other than the close of a
fiscal year (July 1); and (c) that at least 15 months written notice
of termination must be given the other party. If written notice of
termination is given a party on or before March 15 of any year, termi-
nation of the Agreement shall be effective on and as of July 1 of the
next calendar year.
Upon termination of this Agreement, the City of Iowa City shall remit
to the City of Coralville all amounts contributed by Coralville as its
share of land value, design costs, and costs of construction as pro -
789
vided in Part II, paragraph 5. The amounts of such contributions
year of shall be set forth in the reconciliation report for the final fiscal
contributions butionsshall beion of thremitted �tto' Coralvilleotwilthaianthe no 30 days lof such
approval of that reconciliation report.
Upon termination, the parties shall also enter into an agreement
pursuant to which Iowa City shall either (a) remit to Coralville its
share of the cost of equipping the facility, as provided in Part II,
paragraph 5, and its share of capital costs identified in fiscal year
budgets for the facility, or (b) turn over to Coralville its share of
the equipment and capital items acquired, or perform such combination
of (a) and (b) as the parties may agree.
In the event that Coralville disputes Iowa City's calculation of land
costs to be remitted to Coral -
costs, design costs, or construction
Ville, or in the event that the parties fail to enter into an agree-
ment regarding payment for or division of equipment and capital items,
the matters in dispute shall be submitted to binding arbitration by a
panel of three arbitrators. One arbitrator shall be appointed b
City of Iowa City, one shall be appointed by the City of Coralville,
and the third shall be a y the
Iowa City and all b a pointed by the two arbitrators appointed by
provided in Chapter The arbitration shall be conducted as
P 619A of the Iowa Code.
4. Indemnity and Hold Harmless.
The City of Coralville hereby agrees to indemnify, defend
harmless the City all
Iowa City, its officers, agents, and employees,
against an and hold
bts
charges and expenses, cincluding ucourt acosts sand eattorney's ef es sts,
ingideathlresultingtdirectlyfor oorrindirectlyatherefrom, arising
and
act of negligence of the City of Coralville, either active or ersonal 'passive,
or those of its agents, employees, assigns, from any
on its behalf in using or occu i, 9 , or any other person acting
terms of, and for the Py g the joint facility pursuant to the
ing from Coralville's supero issionPof any 'n' this Agreement, or aris-
Coralville, its agents y other use of the Premises by
on its behalf, a arisiemployees, assigns, or any other
activity which Coralville sponsorsfrom ralville's supervision of anyerson acting
her
property, , suffers or allows to occur ontthe
The City of Iowa City hereby agrees to indemnify, defend, and hold
harmless the City of Coralville, its officers, agents, and employees,
against any and all claims, suits, actions, debts, damages, costs
charges and expenses, including court costs and attorney's fees
against all liability for property damage and personal injury,
ing death resulting directlyand
act of negligence of the Cior indirectly therefran, arising includ-
or those of its agents, em to ees Of Iowa City, either active o9 frau any
on its behalf in the design, construction, operaor tion, maintenance or
general supervision of use of Person acting
of, and for the purposes specified 3in,Itthis�Agreement,�aor arisi�ngtf from
any other use of the premises by the City of Iowa City, its agents,
0
781
.1.
r
10
employees, assigns or any other person acting on its behalf, or aris-
ing from any other activity which the City of Iowa City sponsors,
suffers or allows to occur on the property.
5. Amendment of Agreement.
Amendments to this Agreement shall become effective upon the unanimous
approval of the governing bodies of Coralville and Iowa City.
Dated this 22nd day of December , 1987.
CITY OF IOWA CITY
ATTEST: 217a 1f' �x o —
City Clerk
Dated this day of 198%.
ATTEST: ( 10 )
r y Clerk
Aiwd Ad
apartment
Ail
1761
ibit
Joint AnimalhControl
Property Description
Beginning at a
Street extended P07nt which lies 27 feet East of the
N 90 00 OU and 35 feet South of the centerline Of
of
100then00 feet; 900 E, an assumed bear in Clinton
feet; thence Nh00022'571,015 24" g' 321.82 feet; °f Kirkwood Avenue -
E, 184,74 feet; thence Nh50oe S485o�3'06" pl'
E, 44.95 feet to the Point of Beginning' , 331.33
30
Said tract contains approximately 39,377 square feet.
/101
.1.
Exhibit 8
Sample Budget FY89
JOINT ANIMAL CONTROL FACILITY
EXPENDITURE DETAIL
EXPENDITURE
IOWA CITY
CORALVILLE
7120 Books, Magazines, Newspapers
378
SHARE
SHARE
7150 Microcomputer Supplies
150
(@ 86.72%)
(@ 13.28%)
6100 Regular Salaries and Wages
6110 Permanent Full-time Staff
$61,042
$52,936
$ 8,106
6130 Temporary Employees
848
735
113
6230 Longevity
514
446
68
6300 Pensions and Retirement
2,037
1,767
270
6310 FICA
4,680
4,059
621
6320 IPERS
3,453
2,994
459
6400 Employee Insurance Benefits
$ 687
$ 596
$ 91
6410 Health Insurance
3,026
2,624
402
6420 Life Insurance and Supplemental
159
138
21
6430 Disability Insurance
362
314
48
8300 Travel and Education
Subtotal $74,084
$64,246
$ 9,838
7100 Office Supplies
7110 Office Supplies
$ 226
$ 196
$ 30
7120 Books, Magazines, Newspapers
378
328
50
7150 Microcomputer Supplies
150
130
20
7200 Operating Supplies
7210 Agricultural Materials
52
45
7
7220 Chemical and Lab Supplies
299
259
40
7250 Building Operation Supplies
476
413
63
7260 Animal Supplies
2,037
1,767
270
7280 Misc. Commodities
700
607
93
Subtotal
$ 4,318
$ 3,745
$ 573
8150 Health Care Services
$ 687
$ 596
$ 91
8200 Communications
8210 Telephone Communications
1,079
936
143
8220 Postal Communication
86
75
11
8300 Travel and Education
8310 Travel to Conferences
2,210
1,916
294
8350 Certifications
290
251
39
8500 Public Utility Services
8510 Gas and Electric Service
2,7.79
1,976
303
8520 Sewer and Water
274
238
36
8530 Landfill Use
6
5
1
8600 Repair and Maintenance
8630 Equipment Repair and Maintenance
267
232
35
8650 EDP Equipment Repairs
250
217
33
8700 Technical Services
8720 Uniform and Laundry
797
691
106
8740 Printing Services
540
468
72
8760 Other Technical Services
550
477
73
8930 Dues and Memberships
80
69
11
Subtotal
$ 9,395
_f__8 _,147
1,248
TOTAL $873797 $163138 111,659
N. B. The expense items shown above on this exhibit are examples of the types
of items which will be proposed for cost sharing in future budgets for
• the facility, and this exhibit does not exclusively limit or define such
cost share items.
1781
RESOLUTION NO. �
A RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE DEVELOPMENT, USE,
OCCUPANCY, MANAGEMENTS AND OPERATION OF A JOINT ANIMAL CONTROL FACILITY
WHEREAS, the City of Iowa City and the City of Coralville recognize a
need to
provide adequate animal control to their citizens; and
WHEREAS, Chapter 28E of the Code of Iowa provides that any power
exercisable by a public agency of this state may be exercised jointly with
any other agency of this state having such power; and
' WHEREAS, the cities of Iowa City and Coralville, with the assistance
Of JCCOG, have negotiated the terms of a Chapter 28E Agreement for the
Development, Use, Occupancy, Management and Operation of a Joint Animal
Control Facility, a copy of which Agreement is attached hereto and made a
part hereof; and
WHEREAS, it is in the interests of the City of Iowa City and the City
of Coralville to enter into said Agreement providing for a joint animal
control facility, and to appoint representatives to the Animal Control
r Advisory Board, established pursuant to said Agreement, to assist in the
development and operation of said facility; and
WHEREAS, the City Council has determined that the approval and
execution of said Chapter 28E Agreement would be in the interests of the
citizens of the City of Coralville.
NOW, THEREFORE, BE IT HEREBY RESOLVED:
1. That the Chapter 28E Agreement for the Development, Use,
Occupancy, Management and Operation of a Joint Facility Animal
Control Facility, a copy of which is attached hereto as Exhibit
"A" and made a part hereof, is hereby approved as to form and
content;
2. That the Mayor and City Clerk be, and they are hereby authorized
and directed to execute and attest, respectively, said Chapter
28E Agreement for and on behalf of the City of Coralville, Iowa;
3. The City Clerk be and is hereby authorized and directed to file
said Agreement in the offices of the Secretary of State and the
Johnson County Recorder, as provided by Chapter 28E of the Iowa
o• Code.
Passed and approved this �'Uq day fi,l1Q.CLrti_�IJ , 19",
M. CH Ma r
ATTEST:
a J/
h
ARLYS 11ANNAM) City Clerk
1789
The above and foregoing Resolution was introduced by Council Member
who moved its adoption. It was seconded by Council
Member 12LLU After discussion, the following roll was
called:
AYES: NAYS: ABSENT:
Axeen
—1C Fausett
✓ Gill
/ Lundell
v
._ Zajicek
Whereupon the Mayor declared the motion duly carried and the Resolution
duly adopted this a day of �Rp� xx�p�) 19 0 .
M. KATTCHEE, May
i
ATTEST:
HANNAM, C ty Clerk
Y
/789
CERTIFICATE
I, Arlys Hannam, hereby certify that I am the Clerk of the
City of Coralville, Johnson County, Iowa, and that the
foregoing constitutes a true, correct and complete transcript
of the proceedings of the City Council of Coralville, Iowa, at
a _ Aq,t Q 1 meeting of said City Council, held on the
�a� day of lgpq,X 2, 1987, so far as
said proceedings relate to the intr� odu on ani adoption of
the foregoing Resolution.
Dated at Coralville, Iowa, this ,3 day of p 19 00%
Clerk of the City of Coralville,
Johnson County, Iowa
a
.o•
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE CITY OF CORALVILLE FOR THE
DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT AND OPERATION OF A JOINT
ANIMAL CONTROL FACILITY, AND APPOINTING IOWA CITY;S REPRESENTATIVES
T9 THE ANIMAL CONTROL ADVISORY BOARD. /
the City of Iowa City and the City of Cora Ville recognize a need to
adequate animal control services to their itizens; and
WHEREAS, Chapter 28E of the Code of Iowa pro es that any power exercisable
by a pub 'c agency of this state may be a ercised jointly with any other
agency of t is state having such power; and
WHEREAS, the c' ies of Iowa City and oralville, with the assistance of
JCCOG, have negot'ated the terms of a hap ter 28E Agreement for the Develop-
ment, Use, Occupan , Management a Operation of a Joint Animal Control
Facility, a copy o which Agreem t is attached hereto and made a part
hereof; and
WHEREAS, it isin the i eres of the City of Iowa City and the City of
Coralville to enter into sa'd greement providing for a joint animal control
facility, and to appointAtittv`
esentatives to the Animal Control Advisory
Board, established pursuansaid Agreement, to assist in the development
and operation of said fociand
WHEREAS, the City Counc)4 has di
said Chapter 28E Agrent would
City of Iowa City.
NOW, THEREFORE, BE Ff HEREBY
lined that the approval and execution of
in the interests of the citizens of the
I. That the Chalijer 28E Agreement r the Development, Use, Occupancy,
Management a d Operation of a Joint acility Animal Control Facility, a
copy of whi h is attached hereto and made a part hereof, is hereby ap-
proved as o form and content;
I. Thatthe Mayor and City Clerk be, and i iey are hereby authorized and
directe to execute and attest, respectiv, said Chapter 28E Agreement
for and on behalf of the City of Iowa City, Iowa;
3. The C ty Clerk be and is hereby authorized a d directed to file said
Agra nt in the offices of the Secretary of Sta � and the Johnson County
Reco der, as provided by Chapter 28E of the Iowa Code; and
4. Tha is appointed to serve a three year term, and
a one year term, as Iowa City's representatives
on the n ma ontro visory Board. \
/79?
.o•
M
ytp�c oar o�9
pt c''.'��✓ y�
JQ Ar 0�
9r.�•roamcvE
S•r.rrE uE lut�.�
Dp:v \Io�si•:. 60:S i!I
RI LalXr BnSTER
SECRX. ARY01,STATE, January 25, 1988
61G-_81-6804
Marian K. Karr, CMC
City Clerk
Civic Center, 410 E. Washington St.
Iowa City, Iowa 52240
! RE: Agreement between the Iowa City, Johnson County and the
City of Coralville for development, use, occupancy,
j management and operation of a joint Animal Control
I facility, and appointing Iowa City's representatives
to the Animal Control Advisory Board.
Dear Ms. Karr:
We have received the above described agreement, which
you submitted to this office for filing, pursuant to the
provisions of Chapter 28E, 1987 Code of Iowa.
You may consider the same filed as of January 25, 1988.
EB/kl
Cordially
2a(rte.
aine Baxter
Secretary of State
�oaE0
MARIAN K. KARR
CITY CLERK 0)
X789
RESOLUTION NO. 37-299
RESOLUTION APPROVING THE FINAL PLAT OF DEAN OAKES SECOND ADDI-
TION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner and proprietor, Dean Oakes, has filed with the City
Clerk of Iowa City, Iowa, an application for approval of the final plat of
Dean Oakes Second Addition, a subdivision of Iowa City in Johnson County,
Iowa, which is legally described as follows:
Beginning at the Northerly most point of Lot M7 of Dean Oakes First Addi-
tion, as said Addition is Recorded in Book 15, Page 22, in the Office of
the Recorder in Johnson County; Thence N67000'00"W, along said Dean Oakes
First Addition, a distance of 220.00 feet; Thence N900oO'00"W, along said
Addition, a distance of 215.00 feet; Thence S00o00'00"W, along said Addi-
tion, a distance of 130.00 feet; Thence N90000100"W, along said Addition,
a distance of 140.00 feet; Thence NOOo00'00"E1
along Dean Oakes Third
Addition, as said Addition is Recorded in Book 25, Page 19, in the Office
of the Recorder of Johnson County, a distance of 240.00 feet; Thence
N70001'56"W, along said Dean Oakes Third Addition, a distance of 185.00
feet; Thence N44048'04"W, along said Addition, a distance of 260.00 feet;
Thence N57059159"E, a distance of 240.00 feet; Thence N89008'51"E, a
distance of 192.99 feet; Thence N00038148"E, a distance of 108.00 feet;
Thence S88049157"E, a distance of 176.85 feet; Thence S76007109"E, a
distance of 100.00 feet; Thence Southwesterly 9.72 feet along a 300.00
foot radius curve, concave Northwesterly, whose 9.72 foot chord bears
S12057'09"W; Thence S11158'32"E, a distance of 150.00 feet; Thence
S01002'34"W, a distance of 57.15 feet; Thence S20055114"E, a distance of
57.15 feet; Thence S49057110"E, a distance of 216.17 feet; Thence
S29o49'18"E, a distance of 62.00 feet; Thence S20018155"E, a distance of
50.32 feet; Thence S03005106"E, a distance of 277.00 feet; Thence
S07o27'00"E, a distance of 53.04 feet; Thence N67000100"W, a distance of
170.00 feet, to the Point of Beginning, containing 10.77 Acres, more or
less, and is subject to all easements and restrictions Recorded prior to
this Plat.
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final plat of said subdivision
and have recommended approval of same; and
WHEREAS, the final plat of said subdivision has been examined by the
Planning and Zoning Commission and after due deliberation the Commission
has recommended that it be accepted and approved; and
WHEREAS, the final plat is found to conform with all of the requirements
of the City ordinances of the City of Iowa City, Iowa.
o. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the final plat of Dean Oakes Second Addition, a subdivision of
the City of Iowa City, is hereby approved.
VOL 990 PASE 617
1766
Pa
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are
hereby authorized and directed to execute any legal documents relating
to said subdivision and to certify the approval of this Resolution,
which allaw; and theeaffixed to the owner/subdivider final
shallirecorlat d rtheslegaland
documents land
final plat at the Office of the County Recorder of Johnson County,
Iowa, before the issuance of any building permits is authorized.
It was moved by McDonald and seconded by Zuber the Resolu-
tion be adopted, an upon ro call there were:
AYES: NAYS: ABSENT:
AMBRISCO
—X BAKER
i X_ COURTNEY
y DICKSON
y MCDONALD
—y STRAIT
i
- X ZUBER
I Passed and approved this 22nd day of December 1987.
i
ATTEST:
CpRpoR
gTFsFA
l
VOL 990 PA;E 818
iinai•vad F Approve6
By The IFg111 Del:aFt.,f
/766
I
1
1
.1.
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Monica Moen
Item: S-8725. Dean Oakes Second Addition Date: December 3, 1987
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
File date:
45 -day limitation period:
Dean Oakes
Hawkeye State Bank Building
Iowa City, Iowa 52240
Phone: 338-1144
Approval of a final subdivi-
sion plat.
To permit development of 17
single-family residential
lots.
quincent Street extended.
10.77 acres.
Short-range: Residential (2-8
dwelling units/acre), Agricul-
tural/Rural Residential.
Long-range: Residential.
Agricultural and Undeveloped;
RS -5 and RR -1.
North - Undeveloped; RS -51
RR -1.
East - Undeveloped; RS -5,
RR -I.
South - Single-family Residen-
tial; RS -5.
West - Undeveloped; RR -1.
Provisions of the Zoning
Ordinance, Subdivision Regula-
tions, and the Stormwater
Management Ordinance.
November 12, 1987.
December 28, 1987.
741
W
PAGE 2
SPECIAL INFORMATION
Public utilities:
Public services:
I
Transportation:
Physical characteristics:
ANALYSIS
Adequate sewer and water
services are available. Three
lots may require the use of
private sewage disposal sys-
tems,
Sanitation service will be
provided by the City, police
and fire protection are avail-
able.
Vehicular access is provided
via Quincent Street. The
preliminary plat notes that
future secondary access is
proposed via the extension of
"Foster Road."
The topography of the site is
gently to steeply sloping.
On
SecondtAddition, 1anlapprox matep49.7eacrethe
tractiofnlandplat
locatednorth
Dean
Oakes
and
west of Quincent Street extended. The plat subdivides the land into 17
single-family residential lots and reserves a substantial area in the
northern and western portions of the tract for future development. The
applicant is now requesting final plat approval for the 10.77 acre portion
of the parcel on which the 17 residential lots are proposed.
The final plat for Dean Oakes Second Addition complies with the develop-
ment
subdi Psion. Theillustrated Comnission is rem1ndedroved that, preliminary
marginallat for
depth
of the proposed sanitary sewer on Quincent Street, Lots 11, 12, 16 and 17
may require the use of private sewage lift pumps to convey sewage to the
municipal sanitary sewer system. In addition, the preliminary plat noted
that if topographic constraints permit, homes on Lots 13, 14 and 15 will
also use private sewage pumps; otherwise, these lots iaould be served by a
private sewage disposal system. Section 33-17 of the Iowa City Code of
Ordinances, however, distinguishes between the instances in which private
versus public sewer systems may be used. The ordinance states that "Et he
owners of abutting property shall connect their premises to the city
public sewer system when the public sewer system is within three hundred
(300) feet of such abutting property, A private sanitary sewer system,
approved by the county board of health, shall be provided by owners of
premises when the public sewer system is not within such limits." Selec-
tion of a sewage disposal system, therefore, is not left to the discretion
of the developer or property owner.
Since
ts 13,
which will serve4theand
re ainder15 are w�ofitheOlotset of withinhthisdevelopment
blic sewer ysthe
regulations mandate that these three lots be served by the municipal
1.
r
PAGE 3
system as well. The City Engineering staff has indicated that these lots
are expected to be satisfactorily served by individual lift pumps convey-
ing sewage to the public sewer system. The final plat should be amended
to note that Lots 13, 14 and 15 will be served via the municipal sewer
system.
Economic Impact
Given the value of existing residential developments in the immediate area
of the proposed subdivision, the staff report to the Commission, dated
August 20, 1987, noted that the assessed value of each lot, including a
residential dwelling is estimated to be $150,000. This lot would generate
approximately $1,340 in property taxes this year. If the 17 lots within
the proposed subdivision were developed today, the City would realize an
annual increase in the tax base of approximately $22,780.
While no direct construction costs to the City are required with this
subdivision, indirect costs such as garbage pick-up, maintenance of
streets and municipal utilities (sewer and water) and police and fire
protection are incurred. With increased residential development, local
schools, parks, the public library, the transit system, and roadways
outside the development are also impacted. This subdivision is not ex-
pected, however, to affect the City's ability to provide municipal serv-
ices.
STAFF RECOMMENDATION
Staff recommends that consideration of the final plat for Dean Oakes
Second Addition be deferred pending staff approval of the legal papers and
amendment of the plat to note that Lots 13, 14 and 15 will be served via
the municipal sewer system.
ATTACHMENT
1. Location map.
ACCOMPANIMENT
1. Final plat of Dean Oakes Second Addition.
Approved by. Ga7L J
onald kk .
imeiser, Director
Department of Planning
and Program Development
/768
.1.
p
LOCATION MAP
S-8125
DEAN OAKES SECOND ADDITION
/74 f
'�-
RESOLUTION NO. 87-300
RESOLUTION APPROVING THE FINAL PLAT OF ROCHESTER PLACE, A SUBDIVISION
OF IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner and proprietor, Oakes Construction Company, has filed with
the City Clerk of Iowa City, Iowa, an application for approval of the final
plat of Rochester Place, a subdivision of Iowa City in Johnson County, Iowa,
which is legally described as follows:
Beginning at the Northeast Corner of Lot #10 of the 6th Additinntto
Bel Air Addition, as is Recorded in Plat Book 15, Page 32,
Office of the Recorder for Johnson County; Thence S89021144"W, along
the North Line of the aforesaid 6th Addition, 303.01 feet, to a found
5/8 -inch iron pin marking the Northwest Corner of said 6th Addition,
said Corner also being the Northeast Corner of Lot 10, Block 14, of
the 5th Addition to Bel Air Addition, as said Plat is Recorded in Plat
Book 11, Page 46, in the Office of the Recorder for Johnson County;
Thence S89o36'24"W, 50.58 feet, along the North Line of said 5th Addi-
tion, to a found 5/8 -inch iron pin marking the Northeast Corner of Lot
9, Block 14 of said 5th Addition; Thence N86042154"W, 347.13 feet
along said North Line to a found 5/8 -inch iron pin; Thence
N01006'38"W, 787.58 feet, along the line of an existino. fence, to a
point
the
said Centerline; Thence N47 22 50"E, 388.725 feet' along sai
feetalongd
Centerline; Thence S00056'20"E, 861.33 feet; Then N89o31'10"E, 445.88
feet, to a point in the Centerline of First Avenue; Thence
S00000'OO"E, 210.75 feet along said Centerline, to a point where said
Centerline intersects the extension of the North Line of said 6th
Addition to Bel Air Addition; Thence 589o21'44"W, 33.00 feet, along
said North Line extended, to a found 5/8 -inch iron pin, which is the
Point of Beginning. Said tract of land containing 8.37 Acres, more or
less, and subject to all easements and restrictions of Record.
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final plat of said subdivision and
have recommended approval of same; and
WHEREAS, the final plat of said subdivision has been examined by the Planning
and Zoning Commission and after due deliberation the Commission has recommended
that it be accepted and approved; and
WHEREAS,
,esthe
final
C plat
i offound o Ion conform with all the requirements of City
Ordinan
wa
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the final plat of Rochester Place, a subdivision of the City of Iowa
City, is hereby approved.
2. That the Mayor and the City Clerk of the City of Iowa City, are hereby
authorized and directed to execute
ole al documents
tionela in( to said
subdivision and to certify the app approval by law; and the
affixed to the final l be
plat after passage and
d the legal documents and final plat at the
owner/subdivider shall recor
office of the County Recorder of Johnson County, Iowa, before the issuance
of any building permits is authorized.
VOL NO ml DLM
0
Resolution No. 87-300
Page 2
It was moved by McDonald and seconded by Dickson the
Resolution be adopted, and upon ro call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
ZUBER
Passed and approved this 22nd day of December 1987.
1 /w
i
j {
ATTEST:
CORPORATE SEAL
x.
YOL WWI 639 RP14........_..'Ll..�' —
/749
r
STAFF REPORT
To: Planning & Zoning Comnission
Item: S-8726. Rochester Place
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
File date:
45 -day limitation period:
Prepared by: Monica Moen
Date: December 3, 1987
Oakes Construction Company
Hawkeye State Bank Building
Iowa City, Iowa 52240
Contact: Dean Oakes
Phone: 338-1144
Approval of a final subdivi-
sion plat.
To permit development of 22
residential lots.
South of Rochester Avenue and
west of First Avenue.
8.37 acres.
Residential: 2-8 dwelling
units/acre.
Undeveloped; RS -5.
North - Regina Schools; RS -5.
East - Undeveloped, Commer-
cial, Multi -family
Residential, Single-
family Residential;
CN -1, RM -20, RS -5.
South - Single-family Residen-
tial; RS -5.
West - Single-family Residen-
tial; RS -5.
Provisions of the Zoning
Ordinance, the Subdivision
Regulations, and the Storm -
water Management Ordinance.
November 12, 1987.
December 28, 1987.
/74 9
.o1
e
PAGE 2
SPECIAL INFORMATION
Public utilities:
Public services:
Transportation:
Physical characteristics:
ANALYSIS
Adequate sewer and water
services are available.
Sanitation service will be
provided by the City. Police
and fire protection are avail-
able.
Vehicular access is available
via Rochester Avenue and its
intersection with Rita Lyn
Court, the proposed cul-de-sac
serving 20 lots within this
subdivision. Two lots would
have direct access onto First
Avenue.
The topography of the site
generally falls to the east
and west from a north -south
ridge located within the
center of the north -south leg
of this L-shaped tract.
Zoning Ordinance and Subdivision Code Compliance
On October 6, 1987, the Council approved the preliminary plat of Rochester
Place, an 8.37 acre, L-shaped tract of land which had been subdivided into
23 single-family residential lots. The final plat deviates from the
approved preliminary plat in that land on the west side of the cul-de-sac
serving this subdivision has been subdivided into eight lots instead of
nine lots as shown on the preliminary plat. As a result, the final plat
indicates that a total of 22 lots would be located within this subdivi-
sion. In addition, the name of the cul-de-sac within the development has
been changed from Rita Lyn Place to Rita Lyn Court. The proposed plat
complies with applicable subdivision regulations and Zoning Ordinance
requirements.
Legal papers have been submitted and are currently being reviewed by City
staff. The Subdivider's Agreement is expected to address provisions for
maintenance of the proposed sidewalk connecting Rita Lyn Court with First
Avenue and of the stormwater management system within the development.
Economic Impact
As noted in the staff report to the Commission dated September 17, 1987,
it is assumed that a developed lot within the proposed subdivision would
have an assessed value of $123,000. The amount of tax due on that prop-
erty this year would be approximately $1,100. If the 20 lots along Rita
Lyn Court were developed today, the City would realize an annual increase
in the tax base of approximately $22,000.
1749
W
PAGE 3
While no direct construction costs to the City are required with this
subdivision, indirect costs such as garbage pick-up, maintenance of
streetin-
curred. With incrand easedal uresidentialnd Police development, rdfire local schools,
are in -
the
public library, the transit system, and roadways outside the development
are also affected. This subdivision is not expected, however, to hinder
the City's ability to provide municipal services.
STAFF RECOMMENDATION
Staff recommends that the final plat of Rochester Place be deferred. Upon
approval of the legal papers, it is the staff's recommendation the plat be
i approved.
ATTACHMENT
1. Location map.
l ACCOMPANIMENT
1. Final plat of Rochester Place. `
Approved by:
na c meiser, irec or
Department of Planning
and Program Development
i
174 9
r
LOCATION NAP
S-8726
ROCHESTER PLACE
.o•
M
I
NOTICE OF PEETINi OF TIE COUNCIL OF TfE CITY OF [OND
CITl, IOTA, ON TUE M4TTER OF TW PROPOSED ISSUANCE
OF $1,260,000 C;E1M OBLIGATION BONDS (FOR AN
ESSENTIAL COffORATE RUM) OF SAID CITY, IMO TIE
WMNi ON TIE ISSUANCE THEREOF.
RUBLIC NOTICE is herety giYen that the Council of
the City of Iowa City, Iowa, will hold a public
hearing On the 73d day of Decarber, 1987, at 7:30
o'clock p.m., in the Council Chambers, Civic Center,
410 East Washington, Iowa City, Iowa, at which
meeting the Council proposes to take adiitional
action for the issuance Of $1,260,00D General Obli-
gation Bads for an essential corporate purpose of
said City, in order to provide funds to pay costs of
purchase of equipment for municipal waterworks;
and
construction, reconstruction and repo
ir of eet
inprom ents.
At the above meeting the Council shall receive
oral our written objections fran any resident Or
property owner of said City, to the above action.
After all Objections have been received and consid-
ered, the Council will at this meeting or at any
adjournrent thereof, take additional action for the
issuance of said bonds or will abandon the proposal
to issue said bonds.
This notice is given by order of a Council� 25 Of
Iowa City, Iowa, as provided by Sect
the City Code of Iowa. 1987
Dated this l t day of December
441L� 291
marim K. Karr, I,ty er
/77d
12
.o'
RES. #87-301
December 2_ _2 1987
The
ncil
E Iowa
WashingtoinytheuCouncil Chambers, Civic Centewa, met r, 410East
eiiI
Washington, Iowa City, Iowa, at 7:30 o'clock P .M., on the
above date. There were present Mayor Ambrisco
the chair, and the fallowing named Council Members: ' in
Amb__risco• Baker Courtney, Dickson McDonald
Strait Zuber.
Absent: None.
-1-
.VILEIh, IAXI\'fa'. INIIIII'f:ILF.II, 11.11'81F..SWITII h,1LLIIF.F1
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/7/
.1.
RES. #87-301
The Mayor announced that this was the time and place for
the public hearing and meeting on the matter of the issuance of
$1,260,000 General Obligation Bonds in order to provide funds
to pay costs of purchase of equipment for municipal waterworks;
and construction, reconstruction and repair of street
improvements, an essential corporate purpose, and that notice
of the proposed action by the Council to institute proceedings
for the issuance of said bonds, had been published pursuant to
the provisions of Section 384.25 of the City Code of Iowa.
The Mayor then asked the Clerk whether any written
objections had been filed by any city resident or property
owner to the issuance of said bonds. The Clerk advised the
Mayor and the Council that n_ written objections had been
filed. The Mayor then called for oral objections to the
issuance of said bonds and none were made. Whereupon, the
Mayor declared the time for receiving oral and written
objections to be closed.
(Attach here a summary of objections
received or made, if any)
,uu.e118,NX sra.uomern20LANI s IMI&A1 111,
•nonNrvanI w .1..0'w'. irn
.1.
The Council then considered the proposed action and the
extent of objections thereto.
Whereupon, Council Member McDonald introduced and
delivered to the Clerk the Resolution hereinaEter set out
entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE ISSUANCE OF $1,260,000 GENERAL OBLIGATION
BONDS", and moved:
L� that the Resolution be adopted.
L/ to ADJOURN and defer action on the Resolution and the
proposal to institute proceedings for the issuance of
bonds to the meeting to be held at o'clock
.M. on the day of 1987, at
this place.
Council Member Zuber seconded the motion.
The roll was called and the vote was,
AYES: Ambrisco, Courtney, Dickson, N1cDonald,
Strait Zuber.
NAYS: Baker. Absent: None.
Whereupon, the Mayor declared the measure duly adopted.
RES. k 87-301
RESOLUTION INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE ISSUANCE
OF $1,260,000 GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law,
this Council has held a public meeting and hearing upon the
proposal to institute proceedings for the issuance of
$1,260,000 General Obligation Bonds for the essential corporate
purpose of paying costs of purchase of equipment for municipal
waterworks; and construction, reconstruction and repair of
street improvements, and has considered the extent of
objections received from residents or property owners as to
said proposed issuance of bonds; and, accordingly the following
action is now considered to be in the best interests of the
City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
-3-
uu.ea.,,axser.IN)mPEII}71,aoso-snmi&ALMI E
•rtouwrreenAw oreuowm.ww+
/77/
RCS. 087-301
Section 1. That this Council does hereby institute
proceedings and takes additional action for the sale and
issuance in the manner required by law of $1,260,000 General
or the foregoing essential corporate purpose.
Obligation Bonds f
Section 2. The Clerk is authorized and directed to proceed
on behalf of the City with the sale of said bonds, to select a
date for the sale thereof, to cause to be prepared such notice
and sale information as may appear appropriate, to publish and
distribute the same on behalf of the City and this Council and
otherwise to take all action necessary to permit the sale of
said bonds on a basis favorable to the City and acceptable to
r
the Council.
y' PASSED AND APPROVED this 22nd day of December 1987.
r
{v: Mayor
k ATTEST:
Clerk
.o•
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IN qjWFII,EN.
4-INNWRAIk:N. HOW% SAITII i ALLIHM,
/77/
77/
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CIG -3
4-85
CERTIFICATE
STATE OF IOWA --
COUNTY OF JOHNSON ) SS
certify tthathe nattacheddislaytrue randfcomplete ot�Iowa' do hereby
portion of the corporate records of said COOf
tthe
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
and attachment, which proceedings remain in full force and effect,
e not
way; tat meetin
and all action ethereat dwas ed odulysanddpubliclyr recined in anyheld inhaccordance
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 22nd day of December
-- 1987.
SEAL
2e e44,1.)
Cites }-c,lerk, Iowa City, Iowa
mi.eu.+. rixo'ef. unmceu•en• u.uxo-smni s.u.i.uer:
•nonvrrnu uw ora++oms.irnw
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Posted: 12/18/87
Removed: 12/23/87
ORIGINAL
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: December 22, 1987
Time of Meeting: 7:30 p.m
Place of Meeting: Council Chambers, Civic Center, 410 East
Washington, Iowa City, 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:
$1,260,000 Essential Corporate Purpose
General Obligation Bonds.
- Public hearing on the issuance.
- Resolution instituting proceedings to
take additional action.
such additional matters as are set forth on the addi-
tional is page(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.
it0 .i
CClerk, Iowa City, Iowa
AIII.EIi.S,1:IN11'F.1'.IXIII11'F.II.EII.IU11'IF„SNmI! AI.I.IIF.F.
nrwrxen.n.w on Moxea.aw.
/77/
1988 GENERAL OBLIGATION
BOND ISSUE
$1,260,000
;i
9
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t PUBLIC HEARING: December 22, 1987
PROPOSED SALE DATE: January 12, 1988
.v
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.1.
1988 GENERAL OBLIGATION BOND ISSUE
PROJECT DESCRIPTIONS
Water Department Computer:
This project will replace all computer equipment in-
cluding that located in the main control room, the pump
room, the field instruments, level transmitters, flow
and pressure transmitters, as well as provide a new
uninterruptable power supply for the computer system.
Total cost is estimated to be approximately $500,000.
$200,000 will be funded from the Water Operating Fund
Balance with the remaining $300,000 financed from G.O.
Bonds which will be abated by water revenues. The
computer system has been designed and we are planning
the bid process. Installation is expected to start in
approximately one year.
Scott Boulevard Paving:
This project involves the paving of Scott Boulevard
from Court Street to Lower West Branch Road and then to
Rochester Avenue. Storm sewer facilities will also be
installed. The project was approved for RISE (Revital-
ize Iowa's Sound Economy) funding in conjunction with
the Heinz Road project and the Local Road Reconstruc-
tion project. Total project costs are estimated at
$970,000 with RISE funding 40 percent of the RISE -eli-
gible costs ($370,000) and bonds funding the remaining
cost. Construction has just begun on this project.
Dubuque Road Improvements:
This project involves the construction of a new paving
with curb from Highway 1 north to Oakes Drive, includ-
ing the required storm sewer. The project is complete.
It will be funded 100 percent from the bonds.
Heinz Road Project:
This project will construct Heinz Road from its present
terminus to Scott Boulevard. Although the affected
land is not presently being developed, in order to make
additional land available for immediate development in
the City's primary industrial area, the City has en-
tered into an agreement with BOI to assist them in
financing the cost of construction. RISE funds will
finance 40 percent of the construction costs. BDI has
already paid its initial share of the project cost
($66,000). The remaining costs will be financed by the
City from bonds and will be re -paid to the City by BDI
within the next ten years (the maturity period of the
bond issue). Construction has just begun on this
project.
Nov. 19, 1987
$ 300,000
600,000
180,000
60,000
/4771/
PAGE 2
FY87 Alley Paving;
This project involves the 50,000
in Block 62 of Original a paving of the alley located
and College Street from Linn Street to GilbertnStreett
and the alley south of Bowery Street between Dodge
Street and Lucas Street. Total project costs of
$58,000 will be funded 85% from special assessments and
15% from City monies. Bonds will be sold for only the
special assessment portion and will be abated by spe-
cial assessment revenues. Construction is tomplete on
this project.
Discount and Bond Issuance Costs
Total $1,260,000
7/
V'
Y
EVENSEN DODGE, INC..
�flnA\CIAI C.ti SUIIA n I
December 15, 1987
Ms. Rosemary Vitosh
Finance Director
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Dear Ms. Vitosh:
Attached is our Presale Analysis prepared in connection with the
d proposed issuance of $1,260,000 of Genr-ral Obligation
Bonds on January 12, 1988.
The Presale Analysis summarizes the purpose of the Bond issue,
describes how the Bond issue has been structured, and discusses
other aspects related to the marketing of the Bonds.
'! We look forward to a successful offering.
Sincerely,
EVENSEN DODGE, INC.
Wayne S. Burggraafp
Senior Vice President
/brg
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i
3608 IDS Tower, Minneapolis, MN 55402
612/338.3535 H00/328H2O0 800/3288100 b1N
FAX 612/338-7264
/77/
.o•
Y
TABLE OF CONTENTS
Page
SUMMARY OF RECOMMENDATIONS . . . . . . . . . . . . . • 1
PURPOSE OF THE SALE . . . . . . . . . . . . . . . . . 1
STRUCTURING OF THE BOND ISSUE . . . . . . . . . . . . 2
TAXEXEMPTION . . . . . . . . . . . . . . . . . . 4
QUALIFIED TAX-EXEMPT OBLIGATION . . . . . . . . . . . 5
RATING. . . . . . . . . . . . . . . . . . . . . . . . 6
GENERAL MARKET CONDITIONS . . . . . . . . . . . . . . 6
FINANCING SCHEDULE . . . . . . . . . . . . . . . . . . 7
ice
EXHIBIT A - Pr$1,260,000iinary DGeneralebt VSchedule
obligation Bonds
EXHIBIT B — Preliminary Debt Service Schedules
Including Outstanding Debt
EXHIBIT C - The Bond Buyer's Index Graph
IA27.87A/6
/77/
.o1
0
PRESALE ANALYSIS
$1,260,000 General obligation Bonds
City of Iowa city, Iowa
Proposed Sale Date: January 12, 1988
SUMMARY OF RECOMMENDATIONS
This Presale Analysis presents our recommendations for the
issuance of $1,260,000 General Obligation Bonds. It in-
cludes the considerations relating to the structuring of the
issue. It also reviews important tax and market conditions.
These recommendations have been made following discussions
with Rosemary, Vitosh, City Finance Director, regarding the
City's need for bond proceeds and desired repayment
schedule. The recommendations are designed to provide the
City with adequate funds for the construction Of its pro-
jects, to enhance the marketability of the issue and to
Provide debt service payments which have been structured to
minimize the tax impact on the City's debt service levy in
the 1989 fiscal year.
The arrangements and conditions for the bond sale have been
incorporated in resolutions, sale notices and other documen-
tation prepared by the Ahlers law firm of Des Moines, the
City's Bond Counsel.
PURPOSE OF THE SALE
The bonds will be issued to provide funds for four street
improvement projects and for the purchase of computer equip-
ment for the water department.
IA27.87A/7
1
The estimated costs for these projects, together with the
estimated costs of issuing the bonds are presented in the
following table.
Project Costs
Costs of Issuance $1,190,000
Discount Allowance 54,880
15.120
Total
$1,260 000
i
No principal has been included in fiscal year 1989. The
City's debt service tax levy in that year will be at a
relatively high level, but
1990 and will be significantly lower in
succeeding years. Thus, the City desires to defer
repayment of principal until 1990 to reduce somewhat the
1989 debt service levy.
This structure provides for retirement of the debt in accor-
dance with the Cityls policy of repaying its general obliga-
tion debt over a period of 10 to 12 years in level principal
installments and reduces the interest cost of the issue.
The Cityis policy of rapidly retiring its debt in this
manner is one reason it has been able to maintain
bond rating. its Aaa
i
STRUCTURING OF THE BOND ISSUE
i
Attached as Exhibit A is a debt schedule
principal and which shows the
estimated interest payments for the bond
issue. The bonds have been structured to mature over a
period of nine years beginning on June 1
on February 1, 1998. Interest will be , 1990, and ending
basis beginning on December 1 paid on a semiannual
, 1988. The bonds have been
structured to provide approximately level principal pay-
ments.
a IA27.87A/8 2
Exhibit B comprises two debt schedules, each showing the
combined effect of this issue and the city's outstanding
general obligation debt. one schedule includes this issue
with the recommended structure described above and the other
includes a schedule with principal retired in fiscal year
1989. A comparison of the two schedules indicates that the
recommended structure reduces the city,s fiscal year 1989
debt service costs by $124,050.
Certain features of the structuring for this issue have been
designed to either improve the marketability of the issue or
to improve the flexibility to the city in the repayment of
its debt. The bonds will carry a call feature. This is
designed to improve the flexibility to the City in the
repayment of debt. Bonds maturing in the years 1996 to 1998
are callable at the option of the City on June 1, 1995, and
semiannually thereafter at a price of par and accrued in-
terest. Therefore, the City has the flexibility to refund
3 this issue in the future for the purpose of restructuring
debt or generating debt service savings should market rates
decline. To protect the call feature, bidders will be
j required to bid interest rates in ascending order.
The bonds will be offered to underwriters at a discount of
i up to $15,120 (1.20%). The purchaser will generate its fee
iin the discount and reoffer bonds at par. This feature will
enhance the marketability of this issue as will the fact
that the annual maturities are in multiples of $25,000 which
will enable the underwriter to sell the Bonds i in blocks of
$25,000, the preferred unit for large investors.
i
IA27.87A/9 3
/77/
TAX EXEMPTION
The Internal Revenue Code of 1986 (the "Code") imposes
certain requirements and restrictions which must be met by
the City in order to maintain the tax-exempt status of its
bonds. There are two primary requirements of interest to
the City. The first concerns maintaining the status of
these bonds as "Governmental Bonds." The second pertains to
the arbitrage rebate requirements of the Code.
A major change established by the Tax Reform Act of 1986 is
the distinction between "Governmental Bonds" and "Private
Activity Bonds." Any bond issue more than 10& of the pro-
ceeds of which is used in the business of a non-governmental
unit is considered a Private Activity Bond." If private
activity is unrelated to the governmental use, the cut-off
is 5$. This represents a tightening of the former IDB Test,
for which the cut-off had been 25%. In addition, a new
concept of retroactive taxability has been instituted with
the new law. If at any time in the future the projects
financed with the proceeds of this issue could be said to
meet the Private Use Test, these bonds would become retro-
actively taxable. It appears that the City's bonds are
governmental purpose bonds. However, it is important for
the City to maintain the governmental purpose of the facili-
ties and improvements financed with the proceeds of these
bonds during the time in which the bonds are outstanding.
The second provision of importance to the City is the arbi-
trage rebate requirements of the Code. The Code requires
that issuers who sell more than $5,000,000 in tax-exempt
debt during any one year must rebate to the federal govern-
ment any arbitrage earnings on bond proceeds if all of the
bond proceeds are not expended within six months of the date
4
• IA27.87A/10
,017/
w
of issuance. The net effect of this requirement is to limit
the amount of interest earnings that can be made on bond
proceeds to approximately the yield on the bonds. This
requirement also means significant and complicated account-
ing procedures for those governmental units subject to this
provision.
The City does not anticipate that it will issue more than
$5,000,000 of debt during 1988. Therefore, bond proceeds
from this issue may be invested at an unlimited rate during
the construction period and the City will not be subject to
the arbitrage rebate requirements.
4
QUALIFIED TAX-EXEMPT OBLIGATION
p
Another major provision of the Code is a 100% disallowance
of the interest deduction for banks which purchase
h
tax-exempt bonds. An exception to this provision allows
banks to deduct interest incurred on governmental bonds when
the jurisdiction issues no more than $10,000,000 in the
calendar year. Bonds which qualify for this exception are
selling very well in the current market and are expected to
continue in high demand as banks and underwriters adapt to
the new restrictions contained in the Act.
Because the City does not plan to issue $10,000,000 of debt
in 1988 it will designate the bonds as qualified tax-exempt
obligations. This should increase the marketability of the
issue and generate lower interest rates than the City would
have received had the bonds not been designated qualified
o, tax-exempt obligations.
5
IA27.87A/11
•
I
RATING
The City's bond rating from Moody's Investors Service, Inc.
is "Aaa", the highest rating given by Moody's and one which
is held by fewer than 50 cities in the country. A rating
will be applied for on this issue as well.
GENERAL MARKET CONDITIONS
i
Market conditions during the first three months of 1987 were
very favorable for the issuance of general obligation debt.
However, since then market conditions have worsened. The
Bond Buyer's Index, which is the primary indicator of muni-
cipal bond interest rates, rose from a low of 6.54% in March
to a high of 9.17% on October 15, 1987. It is currently at
8.10%.
t
Due to the unstable conditions that the market is currently
experiencing, it is not possible to determine what market
conditions will be when the City's bonds are sold. Under
s
current market conditions, we estimate that the Bonds would
receive an interest rate of between 6.5% and 7%. Attached
as Exhibit C is a schedule which reports the movement of The
Bond Buyer's Index since 1984.
•o� i
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IA27.87A/12 6
/77/
.a•
PRELIMINARY FINANCING SCHEDULE
$1,260,000 General Obligation Bonds
City of Iowa City, Iowa
Date
Application for rating submitted to
Task
December
15
Evensen Dodge delivers Terms and Condi-
January 4-11
Potential bidders contacted; questions
from
tions of Sale Memorandum to the Ahlers
law firm.
December
17
Evensen Dodge delivers Presale Analysis
at 7:30 p.m.
to the City.
December
22
Public hearing. City Council acts
Bonds and closing arrangements.
on
resolution setting the sale.
December
24
Evensen Dodge delivers draft of the
Official Statement to the City and to
Bond
Counsel for review.
December
28
The City and Bond Counsel give Evensen
Dodge their
comments on the Official
Statement.
December 28 and
January
4
Notice of bond sale appears PPears in
December 29
Application for rating submitted to
Moody's Investors Service, Inc.
December 29
Official Statement mailed to under-
writers.
January 4-11
Potential bidders contacted; questions
from
rating agency answered.
January 12
Bond sale at Noon. Council consideration
at 7:30 p.m.
January 13 -
February 11
Evensen Dodge coordinates printing of the
Bonds and closing arrangements.
February 12
Closing.
IA27.87A/13 7
EXHIBIT A
IOWA CITY, IOWA
$1,260,000 S.O. B@IDS
DEBT SERVICE SCHEDULE
DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL
12/ 1188 65,787.50 65,787.50
6/ i/B9 39,472.50 39,472.50 105,260.00
12/ 1189 39,472.50 39,472.50
6/ 1/90 150,000.00 5.750000 39,472.50 189,472.50 228,945.00
121 1/90 35,160.00 35,160.00
6/ 1/91 150,000.00 6.000000 35,160.00 185,160.00 220,320.00
121 1/91 30,660.00 30,660.00
61 1/92 150,000.00 6.100000 30,650.00 100,660.00 211,320.00
12/ 1/92 26,OB5.00 26,085.00
6/ 1/93 150,000.00 6.200000 26,005.00 176,085.00 202,170.00
12/ 1/93 21,435.00 21,435.00
6/ 1/94 150,000.00 6.300000 21,435.00 171,435.00 192,870.00
121 1194 16,710.00 16,710.00
6/ 1195 125,000.00 6.400000 16,710,00 141,710.00 158,420,00
12/ 1/95 12,710.00 12,710,00
61 1/96 125,000.00 6.500000 12,710.00 137,710.00 150,420.00
12/ 1/96 8,647.50 0,647.50
61 1/97 125,000.00 6.600000 8,647.50 133,647.50 142,295.00
12/ 1/97 4,522.50 4,522.50
6/ 1/9B 135,000.00 6.700000 4,522.50 139,522.50 144,045.00
-------------- -------------- --------------
1,260,000.00 496,065.00 1,756,065.00
ACCRUED 2,412.21 2,412.21
1,260,000.00 493,652.79 1,753,652.79
DATED 2/ 1188 WITH DELIVERY OF 2/12188
BOND YEARS 7,770.000
AVERAGE COUPON 6.384
AVERAGE LIFE 6.167
N I C T 6.578958 S USING 98.8000000
Prepared by Evensen Dodge, Inc.
/77/
.V'
EXHIBIT B-1
IOWA CITY, IOWA
$1,260,000 GENERAL OBLIGATION BONDS
OPTION I
taaaaa:maxaxaxxaaax:aaaana
COMBINED DEBT SERVICE SCHEDULE
aaa:a__mxaaassaara:xaaaaams
PROPOSED DEBT
------------------------
PERIDO OUTSTANDING ENDING PRINCIPAL INTEREST TOTAL
------------ BONDS' DEBT SERVICE
------------
70-Jun-86 2,368,312.50 2,368,312.50
30 -Jun -87 3,229,720.83 3,229,720.83
30 -Jun -88 31535,400.00 31535,400.00
30 -Jun -89 105,260.00 3,455,900.00 3,561,160.00
30 -Jun -90 150,000.00 78,945.00 2,944,725.00 3,173,670.00
30 -Jun -91 150 000.00
30 -Jun -92 150000.00 70,320.00 21840,750.00 3,061,070.00
61,320.00 2,707,425.00 2,918,743.00
70 Jun -97 150,000.00 52,170.00 1,695,030.00 1,898,020.00
30 -Jun -44 150,000.00 421870.00 1,633,925.00 1,026,795.00
30 -Jun -93 125,000.00 33,420.00 1,243,050.00 1,401,470.00
30 -Jun -96 125,000.00 25,420.00 1,201,725.00 1,332,145.00
30 Jun -97 125,000.00 17,295.00 682,850.00 825,145.00
30•Jun-98 133,000.00 9,045.00 524,350.00 668,393.00
4 30 -Jun -99 323,850.00 523,850.00
30 -Jun -2000 521,250.00 3211210.00
30 -Jun -2002 516,500.00 516,500.00
30 -Jun -2002 535,000.00 535,000.00
11260,000.00 4961065.00 30,160,583.33 31,916,648.33
ta:asaaa:uaa xnzxaaxr_ax: _:xaxaeaxuxa za:xataaaaa:a
Prepared by Erenlen Dodge, Inc.
'77/
i
EXHIBIT B-2
IOWA CITY, IOWA
41,260,OOD GENERAL OBLIGATION BONDS
OPTION 2
ssaea.avas¢saaasaa.saaecas.aaa
COMBINED DEBT SERVICE SCHEDULE
a.va.avc..ccaccacccaacaac... aa
PROPOSED DEBT
_____________
PERIOD OUTSTANDING TOTAL
ENDING PRINCIPAL INTEREST BONDS DEBT SERVICE
JO -Jun -86 2,368,312.50 2,368,312,50
30 -Jun -87 3,229,720.83 3,229,720.83
30 -Jun -88 3,535,400.00 3,535,400.00
30 -Jun -89 125,000.00 104,310.00 3,455,900.00 3,685,210.00
30 -Jun -90 125,000.00 71,337.50 2,944,725.00 3,141,002.50
30 -Jun -91 125,000.00 64,170.00 2,840,750.00 3,029,920.00
30 -Jun -92 125,000.OD 56,670.00 2,707,425.00 2,889,095.00
30 -Jun -93 125,000.00 49,043.00 1,695,850.00 1,869,895.00
30 -Jun -94 125,000.OD 41,295.00 1,633,925.00 1,800,220.00
30 -Jun -95 125,000.00 33,420.00 1,243,050.00 1,401,470.00
30 -Jun -96 125,000.OD 25,420.00 1,2D1,725.00 1,352,145.00
30 -Jun -97 125,000.00 17,295.00 682,850.00 825,145.00
30 -Jun -98 135,000.OD 9,045.00 324,35D.00 668,395.00
30 -Jun -99 523,850.00 523,850.00
30 -Jun -2000 521,250.00 521,250.00
30 -Jun -2001 516,500.00 516,500.00
30 -Jun -2002 535,000.OD 535,000.00
-------------
1,260,000.00 472,027.50 30,160,583.33 31,892,610.83
.a ..... 2aau¢ u¢a22a...2.. aataaaeasaaaa au¢ann¢ua
Prepared by Evanson Dodge, Inc.
/77/
s
11.5%
11.0;
10.5%
10.0%
9.5%
a�
8.5%
8.0%
7.5%
7.0%
6.5%
1/d4
BOND BUYERS INDEX ('1984-87)
PREPARED BY EVENSEH DODGF. i1.1r
7/84 1/85 7%85 1/86 7/86. 1/87 7/87
Mantra
— 20—Year G.O. Index THIS WEEK 8.10
LAST WEEK 7.90
.1.
IA27.87A/4
PRESALE ANALYSIS
$1,260,000 GENERAL OBLIGATION BONDS
CITY OF IOWA CITY, IOWA
PROPOSED SALE DATE: JANUARY 12, 1988
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36001D5 To55'c5 Minneapolis, MN 55402
612/3311-3535 1100/3211-11200 1300/3211-11100 MN
FAX 612/330-7264
1771
EVENSEN DODGE, INC.-
I
_. �IIN A N C I A L C0N51111ANIS
j
i
December 15, 1987
Ms. Rosemary Vitosh
^
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Finance Director
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
—
Dear Ms. Vitosh:
I�
Attached is our Presale Anal sis
City's proposed issuance of prepared in
Bonds $1,260,000
connection with the
of
on January 12, 1988.
General Obligation
�1
i
}
The Presale Analysis summarizes the
describes how the Bond issue has structu
of the Bond
been
other aspects related to the marketing of the
ed, andose
discusses
Bonds.
We look forward to a successful offering.
t I�
Sincerely,
'
i
E, INC. EVENSEN DODGE,
Wayne S. Burggraaff
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:I
Senior Vice President
/brg
36001D5 To55'c5 Minneapolis, MN 55402
612/3311-3535 1100/3211-11200 1300/3211-11100 MN
FAX 612/330-7264
1771
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TABLE OF CONTENTS
Page
!1
SUMMARY OF RECOMMENDATIONS . . . •
1
PURPOSE OF THE SALE
,.:
i
STRUCTURING OF THE BOND ISSUE . . . . . .
2
t M
. . . .
. 4
P.
. . . . .
TAX EXEMPTION
5
F
QUALIFIED TAX-EXEMPT OBLIGATION • • • •
t
{ :6
RATING . . . . . . .
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s
GENERAL MARKET CONDITIONS . . . .
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7
FINANCING SCHEDULE . . .
F
i I,
EXHIBIT A - Preliminary Debt Service Schedule
General Obligation Bonds
$1,260,000
�...I
EXHIBIT B - Preliminary Debt ServiceDSchedules
ebt
�I
Including outstanding
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EXHIBIT C - The Boer's Index Graph
IA27.87A/6
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PRESALE ANALYSIS
$1,260,000 General Obligation Bonds
City of Iowa City, Iowa
Proposed Sale Date: January 12, 1988
SUMMARY OF RECOMMENDATIONS
., This Presale Analysis presents our recommendations for the
issuance of $1,260,000 General Obligation Bonds. It in-
cludes the considerations relating to the structuring of the
issue. It also reviews important tax and market conditions.
These recommendations have been made following discussions
with Rosemary Vitosh, City Finance Director, regarding the
City's need for bond proceeds and desired repayment
schedule. The recommendations are designed to
g provide the
City with adequate funds for the construction of its pro-
jects, to enhance the marketability of the issue and to
provide debt service payments which have been structured to
minimize the tax impact on the City's debt service levy in
I m the 1989 fiscal year.
'-I The arrangements and conditions for the bond sale have been
•-� incorporated in resolutions, sale notices and other documen-
tation prepared by the Ahlers law firm of Des Moines, the
City's Bond Counsel.
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{ PURPOSE OF THE SALE
The bonds will be issued to provide funds for four street
improvement projects and for the purchase of computer equip-
ment for the water department.
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IA27.87A/7
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The estimated costs for these projects, together with the
estimated costs of issuing the bonds are presented in the
following table.
'i STRUCTURING OF THE BOND ISSUE
Attached as Exhibit A is a debt schedule which shows the
principal and estimated interest payments for the bond
issue. The bonds have been structured to mature over a
period of nine years beginning on June 1, 1990, and ending
on February 1, 1998. Interest will be paid on a semiannual
basis beginning on December 1, 1988. The bonds have been
structured to provide approximately level principal pay-
ments.
2
IA27.87A/8
-
Project Costs $1,190,000
Costs of Issuance 54,880
Discount Allowance 15,120
Total $1,260,000
No principal has been included in fiscal year 1989. The
�.
City's debt service tax levy in that year will be at a
relatively high level, but will be significantly lower in
1990 and succeeding years. Thus, the City desires to defer
repayment
of principal until 1990 to reduce somewhat the
1989 debt service levy.
This structure provides for retirement of the debt in accor-
dance with the City's policy of repaying its general obliga-
tion debt over a period of 10 to 12 years in level principal
installments and reduces the interest cost of the issue.
The City's policy of rapidly retiring its debt in this
manner is one reason it has been able to maintain its Aaa
L
bond rating.
'i STRUCTURING OF THE BOND ISSUE
Attached as Exhibit A is a debt schedule which shows the
principal and estimated interest payments for the bond
issue. The bonds have been structured to mature over a
period of nine years beginning on June 1, 1990, and ending
on February 1, 1998. Interest will be paid on a semiannual
basis beginning on December 1, 1988. The bonds have been
structured to provide approximately level principal pay-
ments.
2
IA27.87A/8
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Exhibit B comprises two debt schedules, each showing the
combined effect of this issue and the City's outstanding
general obligation debt.
with the recommended strone schedule includes this issue
One
described above and the other
includes a schedule with principal retired in fiscal year
1888• A comparison of the two schedules indicates that the
recommended structure reduces the City's fiscal year 1989
debt service costs by $124,050.
Certain features of the structuring for this issue have been
designed to either improve the marketability of the issue or
to improve the flexibility to the City in the repayment of
its debt. The bonds will carry a call feature. This is
designed to improve the flexibility to the City in the
repayment of debt. Bonds maturing in the years 1996 to 1998
are callable at the option of the City on June 1, 1995, and
semiannually thereafter at a price of par and accrued in-
terest. Therefore, the City has the flexibility to refund
this issue in the future for the purpose of restructuring
debt or generating debt service savings should market rates
decline. To protect the call feature, bidders will be
required to bid interest rates in ascending order.
The bonds will be offered to underwriters at a discount of
UP to $15,120 (.1.20t). The purchaser will generate its fee
in the discount and reoffer bonds at par. This feature will
enhance the marketability of this issue as will the fact
that the annual maturities are in multiples of $25,000 which
will enable the underwriter to sell the Bonds in blocks of
$25,000, the preferred unit for large investors,
IA27.87A/9
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TAX EXEMPTION
Internal Revenue Code of 1986 (the "Code") imposes
certain requirements and restrictions which must be met by
the City in order to maintain the tax-exempt status of its
bonds. There are two primary requirements of interest to
the city. The first concerns maintaining
these bonds as the status of
the
Bonds." The second pertains to
the arbitrage rebate requirements of the Code.
A major change established by the Tax Reform Act of 1986 is
the distinction between "Governmental Bonds" and "Private
Activity Bonds." Any bond issue more than lot of the pro-
ceeds of which is used in the business of a non-governmental
unit is considered a "Private Activity Bond.,, If private
activity is unrelated to the governmental use, the cut-off
is 51. This represents a tightening of the former IDB Test,
for which the cut-off had been 25%. In addition, a new
concept of retroactive taxability has been instituted with
the new law. If at any time in the future the projects
financed with the proceeds of this issue could be said to
meet the Private Use Test, these bonds would become retro-
actively taxable. It appears that the City's bonds are
governmental purpose bonds. However, it is important for
the City to maintain the governmental purpose of the facili-
ties and improvements financed with the proceeds of these
bonds during the time in which the bonds are outstanding.
The second provision of importance to the City is the arbi-
trage rebate requirements of the Code. The Code requires
that issuers who sell more than $51000,000 in tax
debt during any one year must rebatxempt
e to the federal govern-
-exempt ern-
ment any arbitrage earnings on bond proceeds if all of the
bond proceeds are not expended within six months of the date
IA27.87A/10
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Of issuance. The net effect of this requirement is to
the amount of interest earnings that can
limit
Proceeds to approximatelybe made on bond
requirement the Yield on the bonds.
also means significant and complicated This
Ing procedures for those plicated account -
provision. governmental units subject to this
The City does not anticipate that it will issue more than
$5,000,000 of debt during 1988. Therefore, bond
from this issue may be invested at an
the construction proceeds
Period and the Cit unlimited rate during
the arbitrage rebate Y will not be subject to
requirements.
QUALIFIED TAX-EXEMPT
OBLIGATION
Another major provision of the Code is a 100$ disallowance
Of the Of
deduction for banks which
tax-exempt bonds. An exception to this
banks to purchase
deduct interest incurred on provision allows
the jurisdiction governmental bonds when
calendar issues no more than $10,000,000
Year. Bonds which qualifyin the
selling very well in the current for this exception are
continue in hi market and are expected to
high demand as banks and underwriters adapt to
the new restrictions contained in the Act.
Because the City does not plan to issue $10,000,000 of
in 1988 it will designate the bonds
obligations. debt
This should as qualified tax-exempt
issue and increase the marketability
generate lower interest rates than the Cit of the
have received had the bonds not been
Y would
tax-exempt obligations. designated qualified
IA27.87A/11
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RATING
The City's bond rating from Moody's Investors Service, Inc.
is "Aaa", the highest rating given by Moody's and one which
w. is held by fewer than 50 cities in the country. A rating
it will be applied for on this issue as well.
ii GENERAL MARKET CONDITIONS
w
�. Market conditions during the first three months of 1987 were
very favorable for the issuance of general obligation debt.
w
However, since then market conditions have worsened. The
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Bond Buyer's Index, which is the primary indicator of muni-
cipal bond interest rates, rose from a low of 6.54% in March
V{ to a high of 9.17% on October 15, 1987. It is currently at
LA 8.10%.
Vi
fi Due to the unstable conditions that the market is currently
j., experiencing, it is not possible to determine what market
conditions will be when the City's bonds are sold. Under
current market conditions, we estimate that the Bonds would
receive an interest rate of between 6.5% and 7%. Attached
as Exhibit C is a schedule which reports the movement of The
Bond Buyer's Index since 1984.
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IA27.87A/12
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` IA27.87A/13 /77/
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PRELIMINARY FINANCING SCHEDULE
W
$1,260,000 General Obligation Bonds
City of Iowa City, Iowa
Date
Task
December 15
Evensen Dodge delivers Terms and Condi-
tions of Sale Memorandum to the Ahlers
"
law firm.
December 17
Evensen Dodge delivers Presale Analysis
to the City.
E
December 22
Public hearing. City Council acts on
resolution setting the sale.
f
f
December 24
Evensen Dodge delivers draft of the
1
Official Statement to the City and to
Bond Counsel for review.
�.,
December 28
The City and Bond Counsel give Evensen
j_„
Dodge their comments on the official
Statement.
DeseMbar-2B--and
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January 4
Notice of bond sale appears in
Press -Citizen.
i
December 29
Application for rating submitted to
f
Moody's Investors Service, Inc.
December 29
Official Statement mailed to under-
writers.
January 4-11
Potential bidders contacted; questions
from rating agency answered.
_
January 12
Bond sale at Noon. Council consideration
at 7:30 p.m.
January 13 -
o _
February 11
Evensen Dodge coordinates printing of the
Bonds and closing arrangements.
I
February 12
Closing.
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` IA27.87A/13 /77/
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IA27.87A/14
EXHIBIT A
Preliminary Debt Service Schedule
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IOWA CITY, IOWA
$1,260,000 G.O. BONDS
DEBT
SERVICE SCHEDULE
i
DATE
PRINCIPAL COUPON
INTEREST
PERIOD TOTAL
FISCAL TOTAL
i I
12/ 1/88
6/ 1/89
65,787.50
65,787.50
12/ IlB9
39,472.50
39,472.50
105,260.00
'•�
6/ 1190
12/
150,000.00 5.750000
19,472.50
39,472.50
39,472.50
189,472.50
228,945.00
1/90
6/ 1191
150,000.00 6.000000
35,160.00
35,160.00
35,160.00
185,160.00
i1
12/ 1/91
6/ 1192
30,660.00
30,660.00
220,320.00
12/ 1/92
1 50,000.00 6.100000
30,660.00
190,660.00
211,320.00
6/ 1/93
12/
150,000.00 6.200000
26,085.00
26,085.00
26,085.00
176,085.00
202,170.00
r
1/93
6/ 1/94
150,000.00 6.300000
21,435.OD
21,435.00
21,435.00
171,435.00
12/ 1/94
16,710.00
16,710.00
192,870.00
I
'•+
6/ 1/95
12/ 1/95
125,000.00 6.400000
16,710.00
141,710.00
158,420.00
i , •
6/ 1/96
12/
125,000.00 6.500000
12 710.00
'
12,710.00
12,710.00
137,710.00
150,420.00
1/96
6/ 1197
125,000.00 6,600000
8,647.50
8,647.50
9,647,50
133,641.50
1
12/ 1l97
4,522.50
4,522.50
142,295.00
61 1/99
------------
135,000.00 6.700000
4,522.50
139,522.50
144,045.00
ACCRUED
-------
1,260,000.00
------ -------------
496,065.00 1,756,065.00
I
1,260,000.00
2,412.21 2,412.21
493,652.79 1,753,652.79
DATED 2/ 1/88 WITH DELIVERY OF 2/12/88
80140 YEARS
7,770.000
AVERAGE COUPON 6.384
�y
AVERAGE LIFE
6.167
ti
11 1 C X
6.570958 X USING
98.9000000
Prepared Ey
Evensen Dodge, Inc.
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IA27.87A/15
EXHIBIT B
Preliminary Debt Service Schedules
Including Outstanding Debt Service
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Prepared by Evanson Dodge, Inc.
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IOWA CITY,
IOWA
$1,260,000
GENERAL OBLIGATION
BONDS
OPTION I
� �
COMBINED DEBT SERVICE SCHEDULE
w
PROPOSED
_
DEBT
PERIOD
y __
OUTSTANDING
TOTAL
ENDING
------------
PRINCIPAL
----------- -----------
INTEREST
BONDS
------------
DEBT SERVICE
----------
30 Jun -86
2,368,312.50
2,368,312.50
30 -Jun -81
3,229,720.83
3,229,720.03
30 -Jun -82
3,535,400.00
1,535,400.00
30 -Jun -89
105,26D.00
3,455,900.00
3,561,160.00
30 -Jun -90
150,000.00
78,945.00
2,944,725.00
3,173,670.00
E
30 -Jun -91
150,000.00
70,320.00
2,840,750.00
3,061,070.00
w
30 -Jun -92
150,000.00
61,320.00
2,707,425.00
2,918,745.00
!
30 -Jun -93
150,000.00
52,17D.00
1,695,850.00
1,898,020.00
-
30 -Jun -94
150,000.00
42,870.00
1,633,925.00
1,826,795.00
1�
30 -Jun -95
125,000.00
33,420.00
1,243,050.00
1,401,470.00
30 -Jun -96
125,000.00
25,420.00
1,201,725.00
1,352,145.00
30 -Jun -97
125,000.00
17,295.00
6B2,250.00
825,145.00
30 -Jun -98
135,000.00
9,045.00
524,350.00
668,395.00
30 -Jun -99
523,850.00
523,850.00
30 -Jun -2000
521,250.00
521,250.00
30 -Jun -2001
516,500.00
516,500.00
3D -Jun -2002
------------- -------------
535,000.00
535,000.00
1,260,000.00 496,065.00
-----------
30,160,583.33
--- _--------
31,916,648.33
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Prepared by Evanson Dodge, Inc.
/77/ 7i
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IONA CITY, IOWA
$1,260,000 GENERAL OBLIGATION BONDS
OPTION 2
EE.EEaaxsia.EEEEeis➢aELiaE.E.E
COMBINED DEBT SERVICE SCHEDULE
L----------------
PROPOSED
aaiaaaaai
PROPOSED DEBT
PERIOD OUTSTANDING TOTAL
ENDING PRINCIPAL INTEREST BONDS DEBT SERVICE
------------ — — ------------
JO-Jun-86 21368,312.50 2,368,312.50
30 -Jun -87 3,229,720.83 3,229,720.83
30 -Jun -08 3,535,400.00 3,535,400.00
30 -Jun -09 125,000.00 104,310.00 3,455,900.00 3,685,210.00
30 -Jun -90 125,000.00 71,357.50 2,944,725.00 3,141,082.50
30 -Jun -91 125,000.00 64,170.00 2,840,750.00 3,029,920.00
30 -Jun -92 125,000.00 56,670.00 2,707,425.00 2,11B9,095.00
30 -Jun -93 125,000.00 49,045.00 1,695,850.00 11869,895.00
30 -Jun -94 125,000.00 41,295.00 1,633,925.00 1,800,220.00
30 -Jun -95 125,000.00 33,420.00 1,243,050.00 11401,470.00
30 -Jun -96 125,000.00 25,420.00 1,201,725.00 11352,145.00
30 -Jun -97 125,000.00 17,295.00 682,850.00 825,145.00
30 -Jun -98 135,000.00 9,045.00 524,350.00 668,395.00
30 -Jun -99 523,850.00 523,850.00
30 -Jun -2000 521,250.00 521,250.00
30 -Jun -2001 516,500.00 516,500.00
30 -Jun -2002 535,000.00 5351000.00
------------- ------------- ---- --- ---------
1,260,000.00 472,027.50 30,160,583.33 31,892,610.83
➢EEi➢➢EE➢➢➢E➢ ➢➢➢EE➢ .... a.= .➢EEE.. ilii. ➢➢➢EE➢.......
Prepared by Evenaan Dodge, Inc.
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EXHIBIT C
The Bond Index Graph
IA27.87A/16 1 �/
11.5%
11.0%
10.5%
10.0%
9.5%
m
a 9.0%
al
8.5%
8.0%
7.5%
7.0%
6.5%
1/84
0
BOND BUYERS INDEX 0'984-87)
PRFPARED BY EVENSEN DODGE, ITdC.
7/84 1/85 7/85 1/86 7/86 i/psi l/u/
Month THIS WEEK 8.10
— 20—Year G.O. Index LAST WEEK 7.90