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HomeMy WebLinkAbout1987-12-22 Resolution.V' 4 Y 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% .o• 3 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 o• 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 .V' 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• r 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 a .V' 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 USUAE OCCUTAIION 10N, ux. N�inunpN, .amro ID,, NIN n nuuR I x.. IF, 485-07-9052IN, Farmer i RESIDENCE—STATE COUNTY CITY, TOWN, OR EOGTION 11.1. m ..—M. N—AI 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 E i I' I• �t I I cac-71277 220 W2116,1151 i i "-^• ULAN WAS CAU510 of, TENTER ONLY ONE CAUSE FEE {INE TOR t.). I6), AND ^1.1. 11. Lw101w .uu (Cil ININ 0.111 .x11 ow. IA) Pulmonary embolism several days N ' C.Nonw.l. .. I ,1 a id ,1 IBI It I... 1 V,I,oii: jl oNt [o, O. A1. 14.11C.1. ox 7[1.0 CAV{, 1[H I[1 PART IA OTHER SIGNIFICANT CONDITIONS: CONDITIMSCONTRIOUTINO TODGIH BUT NOT IA IF FEMALE. WAS THERE A AUTOPSY IfYf5wuln.awclCo.- R[UDi0GU5EGY[NINPARIIO) iPREGNANCY IN THE PASTBMON7N5!bM o..ol uHUF IN om.wmwo umR Pnlm $ YESO NOa mouu Ib. __I IR. ACCIDENT, IUICIDI. HO CIDt, DAC INN I.o.R., ur, n..I OR UNDETERMINED [eltOn HOUR HOW INJURY OCCURRED ...... N.IU.1 or N.rv./ IN I.n I OR Nn n, Olw 111 AR. MI. M. M. VR INJURY AT WORK 1{ IIUII[ Il 03.01 FLACE Of INJURY., u[•, Hpp, u[lOry NNCI 300,,,x. I umn, LOCATION I374LIT OR A.I,o. NO., CITY CA TOWN, COUNTY, DiR[I N.. It. 0"nlmr.,u,Nur.u.ann[.,,[an [I. w,w..n. Na wown.uu m. pAn slOnfp Lv.. ua. 71.1 NppHOIDu,H It. 0"'. u,n. n.,.r.,,.,R H[m� 11' l.E F — 0 / • 7 NANI. AllfI, INY31CIAn if O[NI. i... CEN IiIfR rT,Ne[fmll M0. n[. M ?Id. 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 SN'NT 1,.. Burial R1. Sharon Hill Cemeter I Kalona Iowa .[ IvDxlx, al, .l ,uFUNERAL HOME—NAME AND ADDRESS 1111111 0...0. NO', C", OR I..., u.n. U. 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 0 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 �r ronx[re•n.w on uowre, row /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• -4- IN qjWFII,EN. 4-INNWRAIk:N. HOW% SAITII i ALLIHM, /77/ 77/ .o• 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 .a• 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 z i� f i n t PUBLIC HEARING: December 22, 1987 PROPOSED SALE DATE: January 12, 1988 .v 7/ .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 i I 'r i i 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 i i t i 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 /77/ .0, 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 ^ 1 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 j :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 .Y' s i 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 . . . . . . . w s GENERAL MARKET CONDITIONS . . . . t t•1 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 i' i EXHIBIT C - The Boer's Index Graph IA27.87A/6 1771 .P' r 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. i rli { 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. 1 IA27.87A/7 /77/ .1. 0 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 .V' 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 3 1771 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 4 1771 .Y' 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 5 1771 .o• 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 �-i 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. I 1 N,I s • 6 IA27.87A/12 7 ` IA27.87A/13 /77/ 7Y/ 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 i 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. i 7 ` IA27.87A/13 /77/ 7Y/ 0 Y IA27.87A/14 EXHIBIT A Preliminary Debt Service Schedule /774/ .o. 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. 1 i u IA27.87A/15 EXHIBIT B Preliminary Debt Service Schedules Including Outstanding Debt Service /77/ I ^ 0 Prepared by Evanson Dodge, Inc. /77/ 7i 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 I ^ 0 Prepared by Evanson Dodge, Inc. /77/ 7i .o• 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. /677/ u 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