HomeMy WebLinkAbout1985-10-08 ResolutionRESOLUTION NO. 85-292
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Ye Olde Keg Shoppe at 1910 S. Gilbert
Sticker No. 000836
in Iowa City, Iowa, has surrendered cigarette permit No. 85-150 , expiring
June 30, 19 86 , and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 85-150 , issued to Ye Olde Keg Shoppe
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorised and directed to draw a warrant on the General Fund in the amount of
$ 75.00 , payable -to Tom Cannon
as a refund on cigarette permit No. 85-150
It was moved by Strait and seconded by n;rkcnn that
the Resolution an read be adopted, and upon roll call there were:
silo9i. mill ABSENT:
Ambrisco X
Baker X
Dickson X
Erdahl X
McDonald X _—
Strait X
Zuber X
Passed and approved this 8th day of October , 19 85 .
;;aLy®r
Attest::. -7�AAc)
i
I
pjl)
RESOLUTION NO. 85-293
RESOLUTION ACCEPTING THE WORK FOR
THE KIRKIYOOD CIRCLE IWROVM-NFS PROJECT
WHEREAS, the Engineering Division has recommended that the improvements
covering the Kirbyood Circle Improvements Project
i
I
as included in a contract between the City of Iowa City and M J
MConstruction Co. Inc. of Burlin on Iowa
j May 3. 1985 , be accepted, an
WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be hereby accepted by the City of Iowa City, Iowa.
It was moved by Strait and seconded by Dickson
that the resolution as read e adopted—, and upon roll call there were:
I
AYES: NAYS: ABSENT:
_ X Ambrisco
I X Baker
X Dickson
X Erdahl
X AicDonald
X Strait
X Zuber
Passed and approved this 8th day of October 19 85 .
YR
ATTEST:.�J
C TY CL ER
W,'f1w�'vaC G Fypinv.•:ri
wT o Leval Dap Urrnvinl
i
3 yuJ
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D
ENGINEER'S REPORT
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed below
have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City.
The required maintenance bond is on file in the City Clerk's office.
KIRKWOOD CIRCLE IMPROVEMENTS PROJECT
I hereby recommend that the above-mentioned improvements be accepted by
the City of Iowa City.
/R Lpectfull s fitted,
t
Frank K. Farmer, P.E.
City Engineer
'r
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF PETERSON STREET
RIGHT-OF-WAY IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP• 79
NORTH, RANGE 5 WEST.
WHEREAS, Hallmark Homes, Inc., owner of a 6.11 acre tract, has requested
conveyance of a portion of public property to them which is legally described
as:
Commencing at the southwest corner of the northwest fractional quarter
of Section 18, Township 79 North, Range 5 West, of the 5th Principal
Meridian; thence north 00043'39" west, (A Recorded Bearing), along the
west line of said northwest fractional quarter of Section 18, 1052.00
feet; thence north 00043'39" west, along said west line, 54.00 feet, to
the northeast corner of Parcel 3 of the plat of survey, recorded in
Plat Book 19, at page 84, of the records of the Johnson County Re-
corder's office, which is the point of beginning; thence north
86059126" west, along the northerly line of said Parcel 3, 19.43 feet,
to a point which is 25.00 feet normally distant easterly of the
easterly line of Part 11A Court Hili, an addition to the City of Iowa
City, Iowa, as recorded in Plat Book 9, at page 40, of t�e records of
the Johnson County Recorder's office; thence north 004611811 west,
along a line parallel with said east line of Part LlA Court Hill Addi-
tion, 211.29 feet; thence southeasterly, 26.17 feet, along an 85.00
foot radius curve, concave northeasterly, whose 26.07 foot chord bears
south 51025120" east, to a point on the west line of said northwest
fractional quarter of Section 18; thence south 00043139" east, along
said west line, 196.04 feet, to the Point of Beginning. Said tract of
land contains 0.09 acres more or less, and is subject to easements and
restrictions of record.
WHEREAS, Hallmark Homes, Inc. has offered to purchase said property for one
hundred dollars ($100); and
WHEREAS, after publication of notice as required by law, a public hearing on
the property conveyance was held by the City Council on the 24th day of
September, 1985, at the Council Chambers, Civic Center, 410 E. Washington
Street, Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY:
1. That the City agrees to convey the above-described property to Hallmark
Homes, Inc. for the amount of $100.
2. That the Mayor is authorized to sign and the City Clerk to attest a quit
claim deed conveying said public property to Hallmark Homes, Inc.
It was moved by and seconded by
the Resolution be adopted, an upon roll call there were:
/ Fssz
!I
i
Resolution No.
Page 2
AYES: NAYS: ABSENT:
Ambrisco
Baker
Dickson
Erdahl
McDonald
Strait
Zuber
I
Passed and approved this day of 1985.
MAYOR
j
ATTEST:
CLERKI
I
• II
Recelv,�i & Approved
By Th '.arra t Depae hent
Staff Report
To: Planning & Zoning Commission Prepared by: Barry Beagle
Item: V-8502. Peterson Street Right -of -Way Hearing: September 19, 1985
GENERAL INFORMATION
Applicant: Hallmark Homes, Inc.
Requested Action:
Purpose:
Location:
Parcel Size:
Surrounding land use and zoning:
817 S. Capitol St.
Iowa City, Iowa 52240
351-2506
Vacate a portion of Peterson
Street right-of-way.
To permit acquisition by the
applicant.
A portion of undeveloped right-
of-way lying adjacent to the
proposed Vista Park Village
subdivision.
0.09 acres
North - Undeveloped right-of-way;
RS -5.
South - Undeveloped (South Branch
of Ralston Creek); RS -5.
East - Undeveloped (Proposed
Vista Park Village);
RS -5.
West - Residential; RS -5.
STAFF ANALYSIS
The applicant is requesting the vacation of the east half of approximately
the south 210 feet of Peterson Street right-of-way lying south of Court
Street. The parcel lies adjacent to the applicant's proposed Vista Park
Village subdivision and once acquired will be combined with Lot 16 to meet
the minimum lot area requirements of the RS -5 zone. No utilities run
directly through this portion of the right-of-way, but as illustrated on the
proposed preliminary plat, this part of Lot 16 will be designated as a
utility easement.
Prior to this area being annexed into the City, the right-of-way, currently
known as Peterson Street, existed as a county section -line road. All county
roads exist by public easement with abutting properties extending to the
center of the road. When annexed, the road was designated as Scott Boule-
vard. With the improvement and realignment of Scott Boulevard in 1981, the
street was renamed to Peterson Street.
0
9
The paved portion of what is currently known as Peterson Street was extended
south of Court Street to Shamrock Drive in the late 1960's. Peterson Street
is barricaded at this point to prevent further vehicular access to the south.
The applicant is proposing to extend Peterson Street which will serve as the
primary access to Vista Park Village. The Planning and Zoning Commission
recommended to approve the preliminary plat on August 15, 1985, upon the
condition the applicant successfully vacate and acquire the portion of
right-of-way to be included as a portion of the subdivision. The City
Council deferred action on the preliminary plat pending the resolution of the
vacation and disposition of this parcel.
Should the eastern portion of the Peterson Street right-of-way be vacated, a
25 -foot strip of land dedicated as a public road will remain. This remaining
strip of land has limited if no value if retained as public right-of-way.
Much of the right-of-way is privately used by abutting property owners in
Court Hill Addition as an extension of their yards or for garden space. It
would be staff's recommendation that all of the remaining right-of-way south
of the proposed Peterson Street extension be vacated and disposed of to the
adjacent property owners.
STAFF RECOMMENDATION
It is staff's recommendation that the entire 50 foot right-of-way south of
the Peterson Street extension be vacated as public road right-of-way.
ATTACHMENTS
1. Location Map.
2. Excerpt of Portion of Preliminary Plat of Vista Park Village.
Approved by: Qit
m ald Schmeiser, Directo
De artment of Planning
and Program Development
.E
I
4?0- 1
�-�-�TI�►.1 �"1QP
V-f�'SCl?
in I � 11111111
IIS •`• �.�� � • �►►► ����� �iiiii� �Q��►��� � �
Flo
AY
a�
Nil
w
I _
I ,a
i
I �,\Ir ;1 ,\r —Ir rr 4)1a 5YF.a ,�, \ .� �\-�\ \ 1•__71 w N
1 ♦� .21.M , i't.�— \ Il ,r•. LTyu 1 ..I. .na a mrwuw ,
� ,•� `•' 1,j ..<1. • III c Nfl. c
. �.] ��i-1�� `� � �\� ♦ P VA.
`I
r 1 . L'1,
� i }! I II 'IMIiwYYwll
] ♦ ^ \ \ 22 llloi]rrn° •• , i I b/
1
41\ �:/��',1�'.L_� L• I a \I�\ 11. >lm s4n.) I I' ', 5l� ��Q .-
�11-
I 41» /ra• >plt
lf C11 le 1' tuL\ I i Y \,\� I I'tl
ww
' I" II !b° it 11♦ uw�Nr��\��k��i\ /�///>'el..�r. I •*L� I 'YL � � 1
t�� '` •) r ,' i I xl♦ \ `�� Y I, ' i moi. ! 1( 'w ,'
' •!J i � 1, i,�Lo s�c.x i r ; oo �FL I'Y/ � ` ). � . ♦ "r ) I fr 'Q I � ��^Y
W
rS�) �T,I� 1 / i O /L. °l 1 I/ / � � i:� � .•\;/1 /42.1 )7 ^' � J` � I I
S �
' I 1 Y /•S°x. t. / I I IDS% i 1 �,' \\���. I I � ; I /I dl I I
I I ' I I •K iws S4F. x '''+.9ss sal.: � J ,0,vice s>L..,'e 1'� / I / / � r �; , y
/l�mv<reu J ; nnnLn'
Il J''� � }I� r / r � 1 JI xt a I.�' I / �• Ima.n • / � c
\\ -.1�/ \
/.i rte• •
' q4tv, P• /h
'--ia 6• T'-'-T-'I'-
t. ) J 1 r QLL/NN/NC
I l ;
191 W � m
99a
W r
� i a
\ Z W
p W
am
1
RESOLUTION NO. 85-294
RESOLUTION ADOPTING VARIOUS CHANGES TO THE POLICIES GOVERNING PARTICIPA-
TION IN HOUSING ASSISTANCE PROGRAMS ADMINISTERED BY THE IOWA CITY HOUSING
AUTHORITY.
WHEREAS, the City Council acting in its capacity as the City of Iowa City Housing
Authority approved and adopted "Policies Governing Participation in Housing
Assistance Programs Administered by the Iowa City Housing Authority" March 12,
1985; and
WHEREAS, the City has applied for and received an increment of Section 8 Existing
Housing Vouchers which contain significant differences in terminology and compu-
tation of Total Tenant Payment; and
WHEREAS, it is necessary to amend said "Policies" manual to incorporate this
voucher program; and
WHEREAS, the City has by Resolution No. 79-381 dated August 14, 1979, provided
for waiving solid waste collection fees for qualifying low income residents and
households; and
WHEREAS, in the administration of the Housing Assistance Programs, provisions
have already been made for deducting utility costs from total tenant payment; and
WHEREAS, the purpose of the proposed amendment to Part VI, paragraph 5(c) of said
Policy Manual is to prevent a double deduction for solid waste collection fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL IN ITS CAPACITY AS THE CITY OF
IOWA CITY HOUSING AUTHORITY AS FOLLOWS:
The "Policies Governing Participation in Housing Assistance Programs Administered
by the Iowa City Housing Authority" are amended in the form as attached and
marked as Exhibit A.
It was moved by Strait and seconded by Erdahl the
Resolution be adopted, and upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
Dickson
Erdahl
X McDonald
X Strait
_ X Zuber
Passed and approved this Rth days of October 1985.5.
AYOR
ATTEST: 23ia iti y(! �..
CIT CLERK Rro�vod & kP^ICVMi
sy lho L-jal Depadnvnr
_a 5 _ -. G
■
M
EXHIBIT A TO RESOLUTION NO, 85-294
Changes to the Policies Governing Participation in Housing Assistance
Programs Administered by the Iowa City Housing Authority are approved as
follows:
A. Table of Contents add:
Appendix II - "Applicability to the Section 8 Voucher Program."
B. Insert the following paragraph on page 21 immediately following Part
VI, paragraph 5.c.(1):
(2) In those cases where a family qualifies for water/sewer/trash
allowance in computing Tenant Rental Payment, the family will
not be eligible for the "Reduced Fee for Low Income Residents"
as provided for in current City policy.
C. Attach Appendix II, "Applicability to the Section 8 Voucher Program."
i
l
s
i
I
I
i
i
I l
APPENDIX II TO POLICY GOVERNING
PARTICIPATION IN HOUSING ASSISTANCE PROGRAMS ADMINISTERED
BY THE IOWA CITY HOUSING AUTHORITY
Applicability to the Section 8 Voucher Program
I. General.
The Section 8 Housing Voucher Program has the same purpose as the Section
8 Certificate Program: to provide rental assistance to very low-income
families. It is anticipated that the Housing Voucher Program will improve
the Section 8 Program by increasing housing choice, because there are no
rent caps and the family may select any unit that meets Housing quality
Standards. There will be greater equity since in-place families will not
be required to move if their unit exceeds the Fair Market Rent, and each
family can choose how much income it wishes to devote to housing. It
should ease the pressure on Fair Market Rents by decreasing the demand for
units at or below Fair Market Rent.
II. Program Description/New Terms of Concepts.
1. The Section 8 Housing Voucher Program, in Iowa City, will be admini-
stered in the same manner as the Section 8 Certificate Program. There
will, however, be some differences in terms and computation of total
tenant payments. The same rules established in the Statement of
Policies apply to the Voucher Program. Only the differences are
described in this appendix.
Some new terms are:
a. Payment Standard. This is the same as the Fair Market Rent
applicable to this area. This includes the "exception rents"
approved by HUD for specific census tract enumeration districts
and/or dwellings. The Payment Standard is used to calculate the
amount of a family's Housing Assistance Payment.
b. Affordability Adjustment. These are like Annual Rent Adjustment
Factors used by the Housing Authority in the certificate program.
They are made to offset the increases in housing costs as a result
of inflation. If the Housing Authority chooses to make Afforda-
bility Adjustments, only two in any five year period are permis-
sible.
c. Applicable Standard is the Payment Standard for which the family
qualifies at the date of lease approval. The Applicable Standard
is based on one of the following.
(1) Initial Payment Standard is the Payment Standard based on the
Fair Market Rent in effect at the time the ACC is executed by
HUD for the first increment of funding in the Iowa City
Housing Author i y-9oucher program; or
(2) New Family/Mover Schedule. The ICHA may establish a New
Family/Mover Schedule at any time. The amount on the "New
Family/Mover Schedule" can be any amount between the Initial
E
Payment Standard (or adjusted standard, if applicable) and
the FMR in effect at the time the New Family/Mover Schedule
is adopted; or
(3) Adjustment Standard Schedule. The ICHA may at its discretion
establish an "Adjustment Standard Schedule" twice during any
five-year period to assure continued affordability. The
amount on the "Adjustment Standard Schedule" can be any
amount between the Initial Payment Standard (or previous
Adjustment Standard Schedule, if applicable) and the FMR in
effect at the time the "Adjustment Standard Schedule" is
adopted. No Adjustment Standard Schedule may be established
if less than 60 months have elapsed since the next to last
previous Adjustment Standard Schedule was adopted.
i
d. Housing Voucher. The same as "certificate" in the Certificate
Program. A document issued by the Authority declaring a family to
be eligible for participation in the Housing Voucher Program and
stating the terms and conditions for the family's participation.
I
e. Housing Voucher ACC. The Annual Contributions Contract between
the ICHA and HUD which provides for the Housing Assistance
Payments and the Administrative fee payment to the ICHA. It is a )
separate Part I from Section 8 Existing Housing Certificate
Program.
f. Housing Voucher Contract. The contract between the ICHA and an
owner in which the ICHA agrees to make specific housing assistance
payments to the owner on behalf of an eligible family. There is a
separate contract for each unit.
g. Single Room Occupancy Housing (SRO). An SRO is a unit which
contains no sanitary facilities or food preparation facilities or
which contains one but not both types of facilities and which is
suitable for occupancy by a single eligible individual capable of
independent living. SRO housing will not be requested, therefore
is not applicable in the ICHA.
h. Portability. As discussed in this appendix, portability means the
ability for a Housing Voucher holder to move from the jurisdiction
of its current PHA to the jurisdiction of another PHA. Any PHA
administering a Housing Voucher Program must accept a Housing
Voucher holder from another PHA jurisdiction.
2. The Standards for Admission and Continued Occupancy; Application for
Admission, Processing and Verification; Determination of Eligibility
and the Waiting List will be controlled in the same manner as the
Section 8 Existing Certificate Program. Selection from the waiting
list will be based on the date the application was complete and all
verification received. Only one list will be maintained. Family
composition, income and occupancy standards will be identical to
Section 8 Existing Certificate Program. Rent computation and determi-
nation will differ and are discussed later in this appendix.
■
3
3. Claims for damages and unpaid rent will be processed in the same
manner as the Certificate Program. However, payments will be limited
to actual amounts due the landlord up to one contract month rent to
owner minus the security deposit the owner could have or actually did
collect. The amount of the security deposit cannot exceed the greater
of the amount of the TTP or $50.00.
4. Vacancy Loss. The owner retains the Housing Assistance Payment for
the month in which the vacancy occurs; the ICHA makes no further
vacancy loss payments.
III. Calculating Rent and Total Tenant Payment.
1. Computation of Total Tenant Payment (TTP) differs from the Section 8
Certificate Program. The Housing Voucher Program sets the subsidy
that the family receives rather than the family contribution to rent
and utilities (TTP). The family may use the information about the
subsidy to determine a reasonable and affordable rent. The basic
subsidy formula is equal to the following:
a. Payment Standard minus thirty percent (30X) of monthly adjusted
income; or Payment Standard minus ten percent (10X) of the
family's unadjusted income.
2. The amount of subsidy will be calculated at different points in
participation as follows, using the attached worksheet:
a. Estimated at Housing Voucher issuance during the briefing provided
by the Housing Specialist.
b. Recalculated and fixed after a specific unit is chosen.
c. Recalculated at annual recertification.
d. Recalculated at income change or change in family composition.
e. Recalculated if family moves.
/86
FORM A
WORKSHEET FOR HOUSING VOUCHER PROGRAM COMPU'fA1nONS
Check one: O Initial
O Reexamination
O Relocation
Family Name
Number at Bedrooms per PHA 0=panry Standard
A. Estimate Housing Voucher Subsidy
1. Applicable Payment Standard (from Schedule )
2. Monthly Adjusted Income
3. 30% of Monthly Adjusted income
4. Housing Voucher Subsidy (Estimated)payment &uowd (11) minus 30% d Adwned hank (St)
B. Cheek Minimum Total Tenant Payment
GROSS RENT
S. Rent to Owner (rent t utilities)
6. Utility Allowance (for utilities not included)
7. Gross Rent • Ren ro Owty ('s) PhD WRY Att••'anQ ('6)
MINIMUM TENANT PAYMENT
8. Monthly Unadjusted income
9. Minimum Tota) Tenant Payment ■ tilts Monthly tJnad)uaad hrmrrr is)
TOTAL TENANT PAYMENT
10. Total Tenant Payment ■ greater of:
• (#J) minus Estimated Housing Voucher Subsidy (04) or
• Minimum TTP (9)
HOUSING VOUCHER SUBSIDY
11. Housing Voucher Subsidy ■ lesser of.
• Gross Rent (07) minus TTP (110) or
• Housing Voucher Subsidy (estimated) (eq
C. Determine Housing Assistance Payment dr UtWty Reimbursement
12. Housing Assistance Payment (HAP) to Owners ■ lesser of:
• Housing Voucher Subsidy (011) or
• Rent to Owner (5)
13. Utility Reidlbursemenl to Family ■ cousins Vasdur Subsidy (•l11 minw HAP (n2)
D. Tenant Rent & Total Tenant Payment
14. Tenant Rent ■ Rent to Owner (5) minus HAP (112)
15. Total Tenant Payment ■
Teruo Meru ('1 q pU• UA1cy As W&= ('6) mists U19i1YA6mk"dT nt (93) — same r •!p
Date of Completion —
CS - 9 Staff Initials
��lo�
City of Iowa City
MEMORANDUM
Date: October 2, 1985
To: City Manager and City Council
From: Lyle G. Seydel, Housing Coordinator
Re: Changes to the "Policies Governing Participation in Housing
Assistance Programs Administered by the Iowa City Housing Author-
ity.-
Recent
uthor-
ity"
Recent changes to Federal Guidelines and Regulations Governing Housing
Assistance Programs Administered by the Housing Authority require two
specific changes to the Policies adopted by the Council on March 12, 1985.
The first change is required to eliminate a double subsidy in the form of
"Reduced fees for Solid Waste" and the second is required to incorporate
into the Policies the necessary changes in terminology and computations
for the Section 8 Existing Housing Voucher Program.
A. Resolution No. 79-381 dated August 14, 1979, provides for the "waiver
of residential solid waste collection fees for qualifying low-income
residents and households." Current rules and regulations require each
Housing Authority to establish "utility allowances" which are utilized
in computing Gross Rent and Total Tenant Payment (TTP).
Tenants pay 30% of Adjusted Income as TTP. When a tenant is required
to pay utility costs the cash rent they will pay is reduced by the
utility allowance. Most of the tenants in Public Housing and Section
8 Housing qualify for the reduced fee provided for in Resolution
79-381. In that an allowance for water/sewer/trash collection is
already provided for in reducing cash rent it would be a double
subsidy to also approve a waiver for Solid Waste Collection Fee.
Recommend the following paragraph be inserted in the Policies Manual:
Part VI Paragraph 5.c. (2) In those cases where a family
qualifies for water/sewer/trash allowance in computing tenant
rental payment, the family will not be eligible for the "Reduced
Fee for Low -Income Residents" as provided for in current City
policy.
Inclusion of this paragraph will prevent double subsidy in this area.
The Housing Commission recommended adoption of this change at their
formal meeting on September 10, 1985.
B. The Policies adoptad on March 12, 1985 were based on Federal
rules/regulations for the programs in place at that time. Since then
the Authority has received an Annual Contributions Contract with HUD
for 14 units in the Section 8 Existing Housing Voucher Pro ram. While
similar to the Section 8 Existing Certifica a rogramm currently
administered by the Authority (448 units , some differences are
present. An Appendix II to the Policies has been drafted for adopting
and incorporating the Section 8 Existing Housing Voucher Program into
fi?6 71
i
Page 2
the Authority's policies governing participation. The changes deal
with terminology and computations of Total Tenant Payment (TTP).
Under the Certificate Program, the TTP paid by the tenant is equal to
the difference —fe we�3U percent of adjusted tenant income and the
gross rent for the unit. Gross rent in this case cannot exceed
established Fair Market Rents. Under the Voucher Pro9raamm the TTP paid
by the tenant is equal to the difference betwee percent of the
adjusted income and the gross rent for the unit and there are no rent
caps. Under the Voucher Program the subsidy is based on the differ-
ence between 30 percent of adjusted income and the established Fair
Market Rent. The subsidy received by the tenant will be the same in
both programs. Under the Voucher Program, the tenant may pay more
than 30 percent of their income but that decision is left to the
tenant.
bc3
M
RESOUMCN No. 8S-295
RFSOLUTICN ALY33C iIZING ERDQIIRON a
OCNSMIDAIED AN LAL CWMMUrlaa CCNrRAGT
AND GENERAL DEPOSIUM AGREDO P
w mms, Iowa City Noucinq Authority , Iowa
(herein called the "Local Authority") proposes (1) to enter into a
contract (herein called the "Consolidated Annual Contributions Con-
tract") with the United States of America (herein called the "Govern-
ment"); and (2) to enter into an agreement (herein called the "General.
Depositary Agreement") with First National Bank.
(which is a menber of the Federal Deposit Insurance Corporation and is
herein called the "Bank") ; all with respect to any "Project" as defined
in the Consolidated Annual Contributions Contract and which at any time
now or hereafter is incorporated under the terms of such Contract.
BE IT RESOLVED BY MM LOCAL AU=RPPY, AS FOLLCA'S:
Section 1. The Consolidated Annual Contributions Contract in substantially
the form of contract hereto attached and narked "Exhibit A" is hereby ap-
proved and accepted both as to fonn and substance and the Mayor
is hereby authorized and directed to execute said Contract in
two copies on behalf of the Local Authority, and the City Clerkis here-
by authorized and directed to iupress and attest the official seal of the
Local Authority on each such counterpart and to forward said executed counter-
parts, or any of then, to the Government together with such other domnents
evidencing the approval and authorizing the execution thereof as may be re-
quired by the Government.
Section 2. 7the General Depositary Agreenent in substantially the form of
agreement hereto attached and marked "Exhibit B" is hereby approved and
accepted both as to form and substance and the Mayor
is hereby authorized and directed to execute said Agreement in two
copies on behalf of the Local Authority, and the City Clerkis hereby
authorized and directed to inpress and attest the official seal of the
Local Authority to each such counterpart, and to forward bo executed
counterparts hereof to the Govermient, together with such other documents
evidencing the approval and authorizing the execution thereof as may be
required by the Government.
Section 3. Menever the following teens, or any of then, are used in this
Resolution, the same, unless the context shall indicate another or different
meaning or intent, shall be construed, and are intended to have meanings as
follows:
(1) The terns "Resolution: shall mean this resolution.
(2) All other term used in the Resolution and which are defined in
the Consolidated Annual Contributions Contract shall have the re-
specrive meanings ascribed thereto in the Consolidated Annual
Contributions Contract.
Section 4. All resolutions or parts of resolutions heretofore adopted by
the Local Authority which authorize the issuance and/or delivery of Advance
Notes (sanetimes called "Advance Loan Notes") pursuant to the Annual Contri-
butions Contract remain in full force and effect.
Section 5. This resolution shall take effect immedia
tel
y
.
AT=: Mayo r
City Clerk
13ocely*d A Approved
CYT Legal D;
�y_
('..r:Lety !'HA -3010)
is Anondcd by 53010C
I N.:rfh 1972 and
24 CFR 5 899.102
U. S. DEPARTMENT OF HOUSING AND URBAN DEIELOPIiENT
LOW-RLYr PUBLIC HOUSING IA021003
PRojEcT N0 IA05PO22004
COC, NO .IA05P022005'
CONSOLIDATED KC -9166
ANNUAL CONTRIBUTIONS CONTRACT
PART ONE
THIS AGREEMENT entered into as of the day of , 19 ,
(herein called the "Date of This Contract") by and between the UNITED STATES OF
AMERICA (herein called the "Government"), pursuant to the United States Housing Act
of 1937 (42 U.S.C. 1401, et seq., which Act as amended to the Date of This Contract
is herein called the "Act'Y and the Department of Housing and Urban Development Act
(5 U.S.C. 624), and CITY OF IOWA CITY, IOWA
(herein called the "Local Authority"), which is a body corporate and politic organized
tu and existing under the laws of the of
ca
(herein called the "State") and a "Public Housing Agency"
as defined in the Act.
W
O
W I T N E S S E T H'
H
----------
Z---------
Z
I
WHEREAS, the parties have entered into various agreements pursuant to which
> the 1 --cal AutlIZ- it7 has tgrt23 to u:.derc :e the development and operation of certain
p Torrent housing and the Government has agreed to render financial assistance in
t7 connection therewith, which agreements are identified as follows:
IA022003 - KC -9132
Lu IA05PO22004 - KC -9160
i
IA05PO22005 - KC -9173
0
• f
i
and,
WHEREAS, the parties desire to consolidate their undertakings with respect to
all such housing under a single agreement;
' I
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set
_forth, the parties do agree as follows:
Sec. 1. Consolidation of Annual Contributions Contracts
The agreements described above are hereby consolidated into this Contract
and this Contract is'hereby substituted for such agreements, Provided, That, this
novation shall in no way affect obligations outstanding, accountings due, or other
actions taken pursuant to such agreements, all of which matters shall be administered
pursuant to and under this Contract.
Sec. 2. The Proiacts
(A) The Local Authority, with the financial assistance of the Government,
has developed and is undertaking the operation of certain lou -rent housing as defined
to the Act, identified as follcws:
II
In
.:)iecLut 1959 - ---
(FocaerlY PHA -3010)
As &ended by 33010C
March 1912 and
24 CFR Sb 899.102
Buaber of
lrolect No. Duelling Unita Name of Project
IA022003 32 Iowa City -Housing Aut
IAOSP022004 20 Iowa City Housing Aut
1
(B) The Local Authority Is undertaking the operation of certain low -rent•
housing as defined in the Act, which housing was conveyed by the Government to the
Local Authority on the Conveyance Date and is identified as follows:
Conveyance Number of
Project No. Date Dwelling Units Name of Project
N/A
i
i
tu
(C) The Local Authority is undertaking the development or acquisition and
= operation of additional low -rent housing as defined in the Act, as follows: ;
Project No. Estimated Number of Dwelling Units
f
Q IA05P022005 10 �
W
S
(D) Each Project identified in Subsection (C) is more fully described in I
a statement (herein called a 'Development Program") which has been adopted by the Local
Authority.
- i
i
(E) Each Project identified in this Sec. 2 is herein called a "Project"
and, if more than one Project is so identified, are herein collectively called the
"Projects."
Sec. 3. Completion of Projects
(A) The Local Authority shall proceed with the timely development of the
Projects identified in Sec. 2 in conformity with such dates for the completion of
various stages of development as are established for the Projects by the Government and
transmitted to the Local Authority by letter.
(B) If the Local Authority shall fail to prosecute diligently the development
of any Project as required by subsection (B) of Sec. 102 or to proceed with the timely ! '
development, as described in subsection (A) of this Sec. 3, of any Project and the
Government has notified the Local Authority of such failure, the Local Authority shall
suspend the development of the.Project and shall take whatever action is necessary to
i!
- %865
1969
(corxrly PFA -3010)
As Ac,nded by 53010
?larch 19972 and
24 CFR § 899.102
{
conserve monies and assets.'and to stop overhead expenses and losses with respect to
such Project. Upon the award of the Main Construction Contract (as defined in Sec.
107) for any Project comprising a number of units lefts than the number of units
specified for such Project in subsection (C) of Sec. 2, the Local Authority shall
suspend the development of the remaining number of units and shall take whatever
action is necessary to conserve monies and assets and to stop overhead expenses
and losses with respect to the remaining number of units unless (1) a Development
Program for the remaining number of the units has been submitted by the Local
Authority and approved by the Government and (2) this Contract has been amended to
(a) specify the reduced number of units and Development Cost of such Project, and
(b) identify the remaining number of units by separate project number and specify
the Develcpment Cost therefor. Any monies in the General Fund for the development
of a Project, suspended in whole or part, in excess of the monies needed therefor
under the aforesaid limitations shall be promptly applied to the payment of any
Advance or Temporary Notes outstanding in,connection with such Project.
(C) The Government shall not be obligated to make any further advances
(except such advances which the Government determines to make to the Local Authority
for its payment of approvable obligations incurred prior to the notice by the
Government to the Local Authority or award of the Main Construction Contract referred
to in subsection (B) above) or any annual contributions in respect to any suspended
y low -rent housing unless and until the Local Authority demonstrates to the satisfaction
Z of the Government that it is willing and able to proceed expeditiously with the
Xdevelopment of such suspended low -rent housing and the Government, in its sole discretion,
Lu determines at that time that it shall render financial assistance to the Local Authotity
j with respect to such housing.
S
�- (D) The amount of the advances made by the Government on account of the loan
Uzi for a suspended low -rent housing, together with interest thereon at the applicable Loan
ZInterest Rate to the date of repayment, shall be paid from any funds of the Local
Authority available therefor, including the annual payment of all receipts in excess of
Lu expenditures necessary for management, operation, maintenance, and reasonable reserves
0 in connection with each low -rent housing project (under this Contract or any other
F contract between the Local Authority and the Government under authority of the Act)
< presently or hereafter developed.or operated with the financial assistance of the
UO Government or conveyed to the Local Authority by the Government, after (1) the payment
O of all obligations in connection with such project for which annual contributions are
M pledged or (2) the Administration Period for such project, as the case may be.
O
a (E) The provisions of subsection (B) and (D) of this Sec.3 shall not be in
lieu of any rights or remedies which may accrue to the Government by law or under
this Contract but shall be in addition to all such rights and remedies.
Sec. 4. Development Cost of Projects
(A) The Local Authority represents and the Government hereby finds that the
Actual Development Cost of each Project identified in subsection (A) of Sec. 2, is as
follows:
PROJECT NO. ACTUAL DEVELOPMENT COST
IA02^_003 $1,645,945.48
IA05P022004 $1,036,330.40
Actual Development Cost Certificates as defined in Sec. 405 have been issued
or equiv3lant action taken with respect to all Projects identified in this subsection (A).
(B) The Local Authority represents and the Government hereby finds that the
cost of Projects N/A ,
all of which were completed on or before January 1, 1945, excluding the cost of land,
demolition, and Nondwalling Facilities, did not exceed $ N/A
per family dwelling unit, nor $ N/A per room included in such
Projects.
/ 8GS
P.;ge'4
:;ovcWbcr 1969
(Formerly PHA -3010)
As Amended by 53010C
March 1972 and
24 CFR 1 899.102
(C) The Local Authority represents and the Government hereby finds that
the cost per room for construction and equipment, excluding land, demolitions and
Non -dwelling Facilities, for Projects N/A
all of which were completed after January 1, 1948, did not exceed the cost limitatio=s
prescribed in or established pursuant to Sec. 15(5) of the Act.
(D) The Local Authority represents that the Development Cost of the Projects
identified in subsection (C) of Sec. 2 shall not exceed the following:
Project No.
IA05P022005
Estimated Number of
Dwelling Units
10
Estimated Total
Development Cost
$582,982.00
Initial Loan
Commitment
$58,298.00
u
N
W Development Cost of Project
IL
X The Local Authority estimates that the total Development Cost of each Proje.t
will not exceed the Estimated Total Development Cost therefor as specified in Sec. 1,
= which estimate is approved by the Government. The respective amounts of such Estimated
�- Total Development Cost, or the latest revisions thereof pursuant to the provisions of
z Part Two hereof, are herein called the "Maximum Development Cost" of the respective
Projects or of all the Projects in the aggregate as the context indicates. The Local
CC W
Authority, however, shall complete the development of the Projects at the lowest
GPossible cost, and in no event at a cost in excess of the aggregate amount of the
aforesaid Estimated Total Development Cost. Provided, however, that as to any Project
H for which the award of (i) the Main Construction Contract, or (ii) a Turnkey PrelimLry
Contract of Sale or Contract of Sale is approved by the Government on or after April =J,
W 1971, the Development Cost for construction and equipment of such Project (excluding
W land, demolition, and Non -dwelling Facilities) shall not exceed by more than ten perc&atum
0the appropriate prototype cost for the area in which such Project is situated as
0
0 determined by the Government pursuant to Section 15(5) of the Act and which is in effect
on'the date of the Government's approval of the award of such Contract in lieu of the
specified Development Cost per room.
Cost Limits
(1) The Development Cost for construction and equipment of each Project
(excluding land, demolition, and Non -Dwelling Facilities) shall not exceed by more t`�-
ten (10) percentum the appropriate prototype cost for the area in which such Project --
situated as determined by the Government pursuant to Sectic- 15!5) of the Act and wh!zh
is in effect on the date of the Government's approval of the award of the Main
Construction Contract.
(2) The tern "Non -Dwelling Facilities" as used in this Contract includes
non -dwelling structures, spaces, and equipment, and site development, improvements a_' -
facilities located outside building walls (including streets, sidewalks, and sanitary.,
utility, and other facilities, but excluding separate heating plant structures,
equipment, and distribution lines).
Sec. 5. Covenant to Develop and Operate
The Local Authority shall develop each Project being or to be developed aa'-
shall operate all Projects covered by this Contract in compliance with all provisiots
of this Contract and the Act, all regulations issued by the Government pursuant thereto,
and applicable provisions of state and local law.
1946
uFD-:3010 f _'----- ---
I ,� 'S
..6amber 1969
(Forccrly pHA -3010
As Amended by 53010C
March 1972 and
24 CFR § 899.102
Sec. 6. Cooperation Agreement
With respect to the Projects, in compliance with Sec. LO(a), Sec. f0(h),
and Sec. 15(7)(b) of the Act, the Local Authority has entered into, and the Governmcz,
has approved, an agreement or agreements with the governing body or bodies of the
locality or localities in which such Projects are or will be situated, as follows:
Proiect No. Governing Body Of: Date of Agreement
IA022003 Iowa City, Iowa April 4, 1978
IA05P022004 Iowa City, Iowa July 17, 1979
IA05P022005 Iowa City, Iowa July 17, 1979
Such agreement or agreements collectively are herein called the "Cooperation Agreement."
Sec. 7. Justification for Projects and Financial Assistance by the Government
The Local Authority has demonstrated to the satisfaction of the Government
that there is a need for such low -rent housing which is not being met by private
enterprise. The development and operation of each Project in ac:ordance with this
Contract will provide decent, safe, and sanitary dwellings within the financial reacb
of families who are in the lowest income group and who cannot afford to pay enough to
cause private enterprise in their locality or metropolitan area to build an adequate
supply of decent, safe, and sanitary dwellings for their use (which families are here_
called "Families of Low Income"), and the provisions of this Contract are adequate to
assure that each such Project will be developed and operated in compliance with all
the requirements of the Act. The loan herein provided is necessary to assist the
development of each Project, and the annual contributions payable in the amounts, for
the period, and in the manner herein provided are necessary to achieve, maintain, and
assure the low -rent character of each such Project.
Sec. 8. Tax Exemption of Project
Under the Constitution and Statutes of the State each Project is exempt frca
all real and personal property taxes which may be levied or imposed by the State, cit,,
county, or other political subdivisions.
Sec. 9. Loans and Annual Contributions
.(A) Subject to and in accordance with all the provisions of Part Two herec`,
and in order to assist the development of each Project, the Government shall lend to t:e
Local Authority amounts (the total of which is herein called the•"Maximum Loan Commit-
ment") as determined pursuant to Sec. 410. Each advance on account of the loan for
any Project shall bear interest on the unrepaid principal amount thereof from the date
the advance is made to the date of repayment at the rate or rates (herein called "Lo=
Interest Rate") as the Government determines on the date such advance is made add
redetermines on each anniversary of such date to be equal to the rate per annum borne
by Government obligations on each such date pursuant to Sec. 20 of the Act: Provided,
That the Loan Interest Rate for each advance, which shall be adjusted annually as
provided herein, shall not be less than the ":Minimum Loan Interest Rate" specified i=
the following subsection (B) for such Project.
(B) The "Initial Loan Commitment" for each Project which has not been
Permanently Financed on the 'Date of This Contract and the Minimum Loan Interest Rate
for all the respective Projects shall be as follows:
_;sola
November 1969
(Formerly PHA -3010)
As Amended by 53010C
March 1971 and
24 cm S 699.202
Minimum Loan
Protect No. Initial Loan Commitment Interest Rate
IA05PO22005 $58,298.00 10%
1
I
(C) Subject to and in accordance with all the provisions of Part Two hereof,
and in order to assist in achieving and maintaining the low -rent character of each
Project, the Government shall make annual*contributions to the Local Authority in
j
amounts as determined pursuant to Part Two.
(D) 13e "Maximum Contribution Percentage" and "Maximum Number of Contribution: I
for each Project and the "Maximum Contribution Period" for Projects where such period
has been determined as of the Date of This Contract shall be as follows:
ZMaximum Contribution Maximum Number Maximum Contri-uti
` ie Protect No. Percentage of Contributions Period
w
IA022003 7.177 40 40
IA05PO22004 7.177 40 40
�. IA05PO22005 .10608 30 30
J
i 7
< The Maximum Contribution Period for any Project where such period has not been deter=iedj
W as of the Date of This Contract shall begin on the date the first annual contribution
with respect to such Project is paid pursuant to Sec. 415, and continue for consecutisa
years of a number equal to the Maximum Number of Contributions for such Project.
i
g (E) The making of this Contract and the undertakings of the loans and
annual contributions herein provided for were approved on List Nos.IA022003/KC-81-189;
IA05P022004-Amended List No. KC-83-046;IA05P022005-Public Housing Funding Reservation
i
dated 9-25-84 and 11-27-84."
Sec. 10. Bonds Fiscal Year Annual Contribution Date, and Related Matters
(A) With respect to the Projects, the Local Authority shall authorize,
issue, and sell to others than the Government, obligations of the type prescribed in
Sec. 411 (herein called the "Bonds"), all as prescribed in Part Two of this Contract,
which Bonds shall be in addition to those heretofore issued by the Local Authority as
described in the following subsection (B).
(B) As of the Date of This Contract the Local Authority has issued and
delivered its Bonds to finance the Development Cost of the Projects, as follows:
I
Protect No. Bond Issue Principal Amount
i
i
/ 8G5
_.
MOWER—
?4 7V
::ovember 1969
(Formerly PHA -3010)
As Aiended by 53010C
March 1972 and
24 CFR § 899.102
(C) Notwithstanding any of the provisions of this Contract:
,1. The Fiscal Year under this Contract shall be each period of
twelve consecutive months beginning with July 1
2. The Annual Contribution Date under this Contract shall be
December 15 of each year: Provided, That the semiannual
installments of any Accruing Annual Contribution allocable to any issue
of Bonds shall be paid on the fifteenth day of the mdnth prior to each
interest payment date of such Bonds.
3. The Fiscal Agent under this Contract shall be as designated in
the Bond Resolution.
(D) To further evidence its covenant not to convey or encumber the Projects
(except as expressly authorized herein) the Local Authority has executed and delivered
certain Declaration of Trust of
record at o nson o. Recorders ultice of Johnson Countv
Court Hous, Iowa City in the State of Iowa
LU Sec. 11. Additional Special Provisions for Project Nos.
2
W
X The following additional provisions and modifications of either this Part
W One of Part Two hereof shall apply to Projects N/A
2 (A) The maintenance and operation of each such Project in strict compliance
= with the provisions of this Contract, the application or payment of the Residual
Receipts of such Projects and payment to the Government of the proceeds of sale of any
= such Project or part thereof as provided herein, and the performance of all other
W obligations of the Local Authority herein provided for, constitute the consideration
0 for conveyance of the Projects. The Government hereby determine.1 such consideration
to be the fair value of Project N/A
H for housing purposes of a low -rent character. Projects N A
are consolidated hereunder pursuant to authority of the so-called Lanham Act (Public
w Law 849 - 76th Congress, as amended, particularly the Amendments contained in the
Housing Act of 1959, Public Law 86-372).
0
cc
(B) For the Period (herein called the "Administration Period") from the
o Date of This Contract to a date which is 40 years after the Conveyance Date of each
such Project as specified in Sec. 2(B) the Local Authority shall maintain and operate
-ach such Project in accordance with the provisions of this Contract.
(C) For each Fiscal Year during the Administration Period with respect to
which no annual contributions are payable pursuant to Sec. 415 of this Contract, the
Local Authority shall pay to the Government all Residual Receipts derived from 'such
Projects which payments shall be made within 60 days after the end of any such Fiscal
Year.
(D) If, at any time during the Administration Period, the Government and
the Local Authority agree that any such Project or part thereof should be sold, such
sale shall be to the highest responsible bidder after advertising, or at fair market
value as approved by the Government, and the proceeds of such sale (together with
any reserves allocable to such Project in the event such Project is sold in its
entirety) shall be paid to the Government.
(E) The Government shall not make any loans or annual contributions pursuant
to this Contract with respect to any such Project.
(F) Such Projects shall not constitute Permanently Financed Projects within
the meaning of this Contract or any Bond Resolution heretofore or hereafter adopted by
the Local Authority.
/865
I
• Ptsa•b
::uvcmb+:r 1969
(Formerly PHA -3010)
As Amended by 53019C
March 1972 and
24 CFR § 899.102
(G) To the extent that this Section conflicts with any other provision
of this Contract, the provisions of this Section sball be controlling with respect
to such Projects.
(H) The term "Administration Contract" as used in the instrument of
conveyance of each such Project shall, after the Date of This Contract, be construed
to mean this Contract.
Sec. 12. National Emergency
(A) The Local Authority shall, (1) during any period of national emergency
in connection with national defense as declared by the President of the United States
or any period during which a state of war between the United States and any foreign
power exists, and (2) upon either a determination by the President of the United
States that there is an acute shortage of•housing in the locality of any Project which
Impedes the national defense and that the necessary housing would not otherwise be
provided when needed for persons engaged in national defense activities, or a
determination by the President of the United States that there is an acute reed for
housing in the locality of any Project to assure the availability of dwellings for
persons engaged in national defense activities to the maximum extent authorized or
y permitted under applicable Federal and State laws then in effect, operate such Project
Zto provide housing for persons engaged in national defense activities.
W (B) If, by reason of any such emergency or state of war, the construction
of any Project is either prohibited or stopped prior to the delivery of Bonds and it
appears that such prohibition or stoppage of construction will.continue for an
2 extended period, the Local Authority shall refrain from the award of any further
Construction or Equipment Contracts, shall take in respect to Construction or Equipment
Z
Contracts already let whatever action is reasonably necessary to conserve monies and
W assets (including termination or settlement of any outstanding Construction or Equipment
> Contracts), and shall take all other reasonable actions necessary to minimize overhead
expenses and losses. Any monies in the General Fund for the development of such Project
�. in excess of the amounts needed therefor under the aforesaid limitations shall, upon
< request of the Government, be applied to the payment of any Advance Notes or Temporary
W Notes issued in connection with 'such Project, and the Government shall not be obligated
o0to make any further advances with respect to work under Construction or Equipment
Contracts until such prohibition or stoppage is ended. Nothing in this subsection (B)
shall be construed as prohibiting the Local Authority from proceeding with site
acquisition and the completion of plans, drawings, specifications, and related documents.
Sec. 13. Incorporation of Part Two in This Contract
The Terms and Conditions embodied in Form HUD -53011, November, 1969, are
incorporated herein by reference and constitute Part Two of the Annual Contributions
Contract as amended to the date hereof, and shall supercede all earlier issuances of
such Terms and Conditions referred to in such Contract.
Sec. 14. Additional Provisions and Modifications
The following additional provisions and modifications of either Part One or
Part Two, as hereafter set forth constitute the only modifications to this Contract:
(A) Nondiscrimination in Housing
(1) In connection with the development and operation of any program or
activity of the Local Authority receiving Federal financial assistance under the United
States Housing Act of 1937, regardless of when such program or activity, or any portico
thereof, was initially covered by any contract for such assistance, and for as long as
the real property or structures thereon in such program or activity, or any portion
thereof, is used for a purpose for which the Federal financial assistance was extended
/ 8G5
::Cvember 1969
(Formerly PHA -3010)
As Amended by 53010C
;arch 1972 and
24 CFR § 899.102
or for another purpose involving the provision of similar benefits, the Local
Authority will, comply with all requirements imposed by Title VI of the Civil'Rights
Act of 1964, Public Law 85-352, 78 Stat.241; the regulations of the Department of
Housing and Urban Development issued thereunder, 24 CFA, Subtitle A, Part 1,
Section 1.1 et seq.; and the requirements of said Department pursuant to said
regulations; to the end that, in accordance with that Act and the regulations and
requirements of said Department thereunder, no person in the United States shall,
on the ground of race, color,or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under
any such program or activity. The Local Authority will be contractual requirement,
covenant, or other binding commitment, assure the same compliance on the part of any
subgrantee, contractor, subcontractor, transferee, successor in intarest, or other
participant in the program or activity, such commitment to include the following
clause:
"This provision is included pursuant to the regulations of the
Department of Housing and Urban Development, 24 CFR, Subtitle A,
Part 1, Section 1.1 et seq., issued under Title VI of the said
Civil Rights Act of 1964, and the requirements of the said
LU Department pursuant to said regulations; and the obligation of the
to (contractor or other) to comply therewith inures to the benefit of
w the United Slates, the said Department, and the Local Authority, any
X of which shall -be entitled to invoke any remedies available by law
ul to redress any breach thereof or to compel compliance therewith by
j the (contractor or other.)"
x
�- (2) The Local Authority shall not, on account of creed, discriminate
in the sale, leasing, rental, or other disposition of housing or related facilities
z (including land) included in any Project or in the use or occupancy thereof, nor
M deny to any family the opportunity to apply for such housing, nor deny to any eligible
0 applicant the opportunity to lease or rent any dwelling in any such housing suitable
0 to its needs.
F
(3) Failure of the Local Authority to comply with the requirements of
w (1) or (2) above shall constitute a Substantial Default under any contract between
j the Goverment and the Local Authority covering Federal financial assistance under
the United States Housing Act of 1937, and this Section shall be construed to apply so
along as any such contract is in force or effect.
(B) The Local Authority will acquire Project No. N/A
pursuant to a Contract of Sale to be entered into between the Seller and the Local
Authority. Prior to the execution of such Contract of Sale, the Local Authority may
enter into a Preliminary Contract of Sale with the Seller to enter into such Contract.
Such Preliminary Contract and such Contract shall bear the written approval of the
Government. Failure of the Local Authority to expeditiously continue the undertaking
of the Project or to comply with the Preliminary Contract or Contract, or if the
Preliminary Contract or Contract is held to be void, voidable or ultra vires, or if
the power or right of the Local Authority to enter into the Preliminary Contract of
Sale or the Contract of Sale is drawn into question in any legal proceeding, or if the
Local Authority asserts or claims that the Preliminary Contract or Contract is not
binding upon the Local Authority for any such reason, the occurrence of any such event,
if the Seller is not in default, shall constitute a Substantial Default for the
purpose of Article V hereof and, in such case, the Government will continue the
undertaking of the Project and will take delivery of such right, title or interest in
the Project as the Local Authority may have and perform such Preliminary Contract of
sale or Contract of Sale, as the case may be. The provisions of this paragraph are
made with, and for the benefit of, the Seller and his assignees who will have been
specifically approved by the Government prior to such assignment. To enforce the
performance of this provision, the Seller and such assignees, as well as the Local
Authority, shall have the right to proceed against the Government by action at law
or suit in equity. In order to assist in financing the acquisition cost (herein
called Development Cost) of the Project, the Government shall lend to the Local Authority
an amount equal to the Maximum Development Cost of the Project.
1965
J-13010
10
::nvcnber 1969
('Formerly PHA -3010)
As Amended by 53010C
.Larch 1972 and
24 CFR § 899.102
,
(C)Site Acquisition and Relocation of Site Occupants
The Local Authority understands and agrees that, anything in this Contract
to the contrary notwithstanding, acquisition of Project sites and relocation of, and
payments to, site occupants will be carried out in accordance with all regulations
and requirements of the Government and in compliance with the requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(Public Law 91-646, approved January 2, 1971). The Local Authority further warrants
and agrees that it is able to comply with such requirements and the assurances
required by Sections 210 and 305 of Public Law 91-646 are hereby given. Costs and
expenses, as approved by the Government, of compliance with said requirements will be
included in the Development Cost of the Piojects.
(D) Terms Redefined. '
The terms "Advance Note" and "Temporary Note" as used in either Part One
{� or Part Two of this Contract shall be. construed to mean "Project Loan Note" and
vj "Project Note", respectively.
x
(E) Clean Air Act and Federal Water Pollution Control Act
W
The Local Authority shall incorporate or cause to be incorporated into any
x contract for construction or substantial rehabilitation, such clause or clauses as
= are required by the Government for compliance with the regulations issued by the
Environmental Protection Agency pursuant to the Glean Air Act, as amended, the
Z
Federal Water Pollution Control Act, as amended, and Executive Order 11738. The
W Local Authority shall cooperate with the Government in the conducting of compliance
Creviews pursuant to said Acts and Regulations.
O
F (F)• Flood Disaster Protection Act
w The Local Authority shall incorporate or cause to be incorporated into any
9 contract for new construction or substantial rehabilitation the following clause (and
o the Local Authority shall itself comply with such clause when it is the owner):
O
"If the Project is located in an area that he; been identified
by the Secretary of Housing and Urban Development as an area
having special flood hazards and if the sale of flood i:surance
has been made available under the National Flood Insurance Act
of 1968, the Owner agrees that the Project will be covered, during
its anticipated economic or useful life, by £lead insurance in an
amount at least equal to its development or project cost (less
estimated land cost) or to the maximum limit of coverage male
available with respect to the particular type of property under
the National Flood Insurance Act of 1968, whichever is less."
(G) Amendments and Modifications of Part Two
(1) Section 203 is amended by adding a new subsection (C) as follows:
(C) The Local Authority shall promptly notify (1) any applicant
determined to be ineligible for admission to any Project of the basis for such
determination and provide the applicant upon request, within a reasonable time after
the decerminacion is made, with an opportunity for an informal hearing on such
determination and (2) any applicant determined to be eligible for admission to any
Project of the approximate date of occupancy, insofar as such date can be reasonably
determined.
(2) Section 204(E) is amended by changing the period at the end
thereof to a colon and adding:
"Provided, that no tenant's rent may exceed one-fourth of the
tenant's family income as defined by the Secretary of Housing and Urban Developp..,!nt;
Provided further, that this requirement shall not apply in any case in which the
Socrctary of Houning and Urban Development determines that so limiting the runt of'
any tenant or class of tenants %!111 result in :i reduction in the amount of wali.in•
::oven.ber 1969
('rortwrly PHA -3010)
As Amended by 53010C
Harch 1972 and
24 CFR § 899.102
assistance which would otherwise be provided to such tenant or class of tenants
by a public agency.
(3) Section 308(D) is amended by changing the reference to "Sec.
415(C)(3)" to "Ser.. 415(C)(1)(d)."
(4) Add a new Section 314 and a new Section 315 as follows:
"Sec. 314. Employment of Project Area Residents and Contractors.
The Local Authority shall comply and shall require each of its
contractors and subcontractors employed in the development or operation of each'
Project to comply with Section 3 df the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u) and the regulations and requirements of the Government thereunder,
requiring that to the greatest extent feasible opportunities for training and
employment be given lower income residents of the Project area and that contracts
for work in connection with the Project be awarded to business concerns which are
located in or owned in substantial part by persons residing in the area of the
Project."
N
' "Sec. 315. Contracts for Personal Services.
The Local Authority shall not enter into, execute, or approve,
LU any agreement or contract for personal, management, legal or other services with any
person or firm where the initial period or term of the contract is in excess of
= two (2) years, or where the contract contains a renewal provision for any period of
time, without the prior written consent of the Government. Where an existing contract
contains a renewal provision, automatic or otherwise, which extends the term of the
contract for any period, the Local Authority shall not act to renew or extend such
w contract, or fail to take any necessary action to forestall automatic renewal or
p extension, without the prior written approval of the Government."
(5) Section 407(D) is amended to read as follows:
W
"(D) With each submission of Operating Budgets, the Local Authority
9 shall submit estimates of the Accruing Annual Contribution and the Additional Annual
Q Contribution required for the period covered by such Budgets."
(6) Section 401(F) is amended by inserting the phrase "and Additional
Annual Contribution" after the term "Accruing Annual Contribution" and by changing
the period at the end of the last sentence to a comma and adding the phrase "or to the
amount of the Additional Annual Contribution."
(7) Section 408(6)(2) is amended by substituting the term "Debt Service
Annual Contribution" for the term "Fixed Annual Contribution."
(8) Section 410 is z7�nded by deleting the phrase•"90 percent of the
sum of."
(9) Section 413(A)(5) is amended by substituting the term "Debt Service
Annual Contributionst for the term "annual contributions."
i (10) Section 415 is amended by deleting the present Sec. 415 and
j substituting the following therefor:
(A) The Government shall make annual contributions to the Local
Authority for each Project. Such annual contributions shall include Debt Service
Annual Contributions (or Basic Annual Contributions in respect to Leased Housing
Projects) and Additional Annual Contributions. The Government (1) shall make Debt
Service Annual Contributions to the Local Authority for each Permanently Financed
Project and (2) may, in its determination, make Debt Service Annual Contributions
to the Local Authority for each Project which is not Permanently Financed. The date
/865
12
.ovzmber 11.-52
(formerly ?!U 3010)
As Amended by 53010C
March 1972 and
24 CFR § 899.102
upon which each Debt Service Annual Contribution is payable (except the first
Debt Service Annual Contribution with respect to a Project not Permanently
Financed which may be made available as of the Date of Full Availability of
such Project) shall be known as the "Annual Contribution Date." If the Annual
Contribution Date is not specifically set forth in Part one of this Contract
such Date shall be the fifteenth day of the fourth, fifth or sixth month of the
Fiscal Year as determined by the Government.
(B) The first Debt Service Annual Contribution with respect
to each Permanently Financed Project shall be due and payable on the Annual
Contribution Date which is seventeen months and fourteen days after the Bond Date
of the First issue of Bonds issued to finance any part of the Development Cost of
such Project. The first Debt Service Annual Contribution with respect to each
Project which is not Permanently Financed may be made available as of the Date of
Full Availability of such Project and shall be determined in accordance with ,
subsection (C)(1)(d) of this Sec. 415. If the first Debt Service Annual
Contribution with respect to a Project is made available as of the Date of Full ,
Availability of such Project, the second Debt Service Annual Contribution with
respect to such Project may be made on the Annual Contribution Date which occurs
N not less than twelve months subsequent to the Date of Full Availability of such
W Project, subsequent Debt Service Annual Contributions shall be payable on each
o. Annual Contribution Date thereafter.
X
W
(C) on each Annual Contribution Date the Government shall pay
_ (subject to reduction as hereinafter in this Sec. 415 provided) Debt Service Annual
F, Contributions for each Project, with respect to which any Debt Service Annual
Z Contributions are then payable.
(1) The amount of the Debt Service Annual Contribution'
j shell be equal to the sum of the Level Debt Services of all unmatured issues of Bonds,
0bearing a Bond Date not later than seventeen months and fourteen
0 days prior to such
Annual Contribution Date, as specified in the applicable Bond Resolution, plus an
t amount or amounts allocable to Permanent, Project Loan, or Project Notes, as follows:
w
(a) With respect to each Project Permanently Financed
o by an issue of Bonds equal to the Minimum Development Cost first established for such
O Project, an amount, as determined by the Government, which if applied annually at the
¢a interest rate (adjusted to the nearest. one-eighth of one percent) charged the Local
Authority during the next preceding Fical Year in respect to the unamortized portion
of the Minimum Development Cost of such Project which exceeded as of the last day
of such Fiscal Year the principal amount of such issue of Bonds would fully amortize
such portion not later than the first day of the month following the last Annual
Contribution Date for such Project;
(b) With respect to each Project permanently Financed
by an Issue of "ones in an amount less than the amount of the Minimum Development Cost
first establis;Aed for such Project, an amount equal to (i) the applicable Minimum Loan
j Interest Rate times the amount by which the Minimum Development Cost as first
established for such Project exceeds the principal amount of such issue of Bonds, plus
(I;) an amount, as determined by the Government, which if applied annually at the
interest rate (adjusted to the nearest one-eighth of one percent) charged the Local
Authority during the next preceding Fiscal Year in respect to the portion of the
Ylnimum Development Cost of such Project which exceeds as of the last day of such
Fiscal Year the Minimum Development Cost as first established for such Project would
fuily amortize such portion not later than the first day of the month following the
' last Annual Contribution Date for such Project; and (iii) commencing on the Annual
Contribution Date next following the last maturity date of such issue of Bonds, the
amount of the Level Debt Service of such issue of bonds; and
(c) with respect to each Project financed by a
Permanent Note in lieu of Bonds, an amount, as determined by the Government, which if
applied annually at the interest rate (adjusted to the nearest one-eighth of one percent)
char' -ed the. Local Authority during the next preceding Fiscal Year in respect to the
unX.Ortized portion of the Minimum Development Cost of such Project which exceeded as
of the last day of such Fiscal Year the Minimum Development Cost as first establis!icd
Pa11
:7ovar.-..:r 1969
(Furc.erly PHA -7010)
As Amended by 53010C
march 1972 and
24 CFR § 899.102
for stwh Project would fully amortize such portion not later than the first 'day
of ti:e month tollowing the last Annual Contribution Aare for such Project; and
(d) With respect to each Project which is not
Permanently Financed, an amount, as determined by the Government, which if applied
annually at the interest rate (adjusted to the nearest one-eighth of one percent)
charged the Local Authority during the next preceding Fiscal Year in respect to the
unamortized portion of that figure determined by the Government to be that below
which the Development Cost of such Project will in'no event fall would fully
amortize such portion not later than the first day of the month following the last
Annual Contribution Date for such Project.
Upon delivery of any issue of Bonds to refund Permanent,
Project Loan or Project Notes, the amount of the Level Debt Service of such issue of
Bonds shall be in lieu of the portion of the Debt Service Annual Contribution allocable
to such Notes whether pursuant to clause (a), (b), (c), or (d) above.
(2) On each Annual Contribution Date the actual amount of
U the Debt Service Annual Contribution to be paid (herein called the "Accruing Annual
n Contribution") shall be an amount equal to the Debt Service Annual Contribution less
u (1) the amount then on deposit in the Debt Service Fund for the reduction of annual
L contributions pursuant to subsection (C) of Sec. 416, and (2) any amount then on
u deposit in the Debt Service. Fund, pursuant to subsection (B) of Sec. 414, on account of
3 interest accrued on any issue of Bonds after a date which is six months after the Bond
t Date of such issue.
C
y (i) fie Government, notwithstanding any other provisicn of
e this Contract, may make payment of any Accruing Annual Contribution in semiannual
CU installments as follows: (a) the first installment shall be paid on the Annual
ContriL•ution Da—,in the amouat, if any, by which (i) the accruing Annual Contributica
9 exceeds (ii) the amount of principal and interest which will become due and payable
on the next. following anniversary of the Bond Date on all Bonds outstanding at the end
t of the preceding Fiscal Year and which bear a Bond Date not later than seventeen
months and fourteen days prior to such Annual Contribution Date; (b) the balance of
such Accruing Annual Contribution shall be paid on the date six months after such
Annual Contribution Date.
t
(4) At least thirty days prior to each Annual Contribution
Date, the Fiscal Agent shall file with the Government a report shoving the amount of !
each deposit made into the Debt Service Fund since the next preceding Annual Contributiol
Date and the balance in the Debt Service Fund as of the date of such report.
(5) At least fifteen days prior to each Annual Contribution
Date, the Local Authority shall file with the Government a requisition and voucher for
the payment of the current Accruing Annual Contribution.
(6) Except as otherwise provided in subparagraphs (7) and (8)
of this Sec. 415(C), the Government shall pay each Accruing Annual Contribution, or
installment thereof, to the Fiscal Agent for deposit in the Debt Service Fund. The
Government, at the time of such payment, shall furnish to the Local Authority and
to the Fiscal Arent a statement showing (in detail and with appropriate explanations)
the amount of the Accruing Annual Contribution, and the method by which the Accruing
Annual Contribution will be paid. Each such statement shall include a schedule
showing on the basis of information available to the Government, the distribution to be
rade of the funds in the Debt Service Ford pursuant to Sec. 416.
(7) On each Annual Contribution Date on which any Permanent,
Project Loan or Project Notes issued in connection with any Project with respect to
which an annual contribution is then payable remain outstanding and until full
repayment, with Interest at the applicable Loan Interest Rate, of all expenditures,
if any, made by the Government in connection with any such Project pursuant to Sec. 505
hereof, such portion of the Accruing Annual Contribution, which if deposited in the
M05
1:
:io-:c:.ber 1959
(Formerly PRA -3010)
As Amended by 53010C
March 1972 and
24 CFR § 899.102
Debt Service Fund would (together with the monies then on deposit in said Fund
for the reduction of annual contributions pursuant to this Contract plus the
an,ount of the second installment, if any, of such Accruing Annual Contribution)
exceed the sum of (a) an aruount equal to the principal and interest becoming due
and payable during the twelve -months period following such Annual Contribution
Date on each issue of Bonds bearing --a Bond Date not later than seventeen months
and fourteen days prior to such Annual Contribution Date, plus (b) an amount equal
to the aggregate Bond Service Carry -Over required to be on deposit in the Debt
Service Fund on the .next succeeding Annual Contribution Date, may be withheld by
the.Goveroment, and applied to the full extent thercof: First, to reimbursement of
the Local Authority for any advance (not theretofore reimbursed) made pursuant to
Sec. 414(D); and Second, to the payment of interest and principal of such Notes and
repayment of such expenditures in proportion, with respect to each such Project, to
the applicable portion of the Debt Service Annual Contribution determined pursuant
to clauses (a), (b), (c), or (d) as the case may be, of Sec. 415(C)(1): Provided,
that any amounts which would otherwise be applied to the payment of principal under
the aforesaid Second order of preference may be withheld (for not more than twelve
tJ months) and be used for the payment of interest on any Bonds which may be subsequently
Zissued to refund such Notes and expenditures. -
W
X (8) When monies sufficient for the payment and discharge of
to all Bonds have been deposited with the Fiscal Agent in trust for -ouch purpose, Accruing
Annual Contributions, Residual Receipts, and monies otherwise payable to the Debt
= Service Fund shall be applied, as approved by the Government, to the payment of the ;Cotes
and expenditures and in the proportion as prescribed in subparagraph (7) of this Sec.
415(C). Monies so applied by the Local Authority during the twelve months period
2 preceding each Annual Contribution Date which, except for the provisions of this
W subparagraph (8), would have been on deposit on such Annual Contribution Date in the
0 Debt So -vice Fund for the reduction of annual contributions, shall be deemed to have
t9 been on deposit in the Debt Service Fund on such Annual Contribution Date for the purpose
i of subparagraph 2 of this Sec. 415(C).
W (9) No Accruing Annual Contribution shall be paid or made
available by the Government pursuant to this Contract in an amount in excess of an
amount which together with all monies then on deposit in the Debt Service Fund will
cc be sufficient to fully pay and retire the outstanding Bonds, Permanent Notes, Project
a Loan Notes, and Project Notes issued in connection with all Projects with respect to
which annual contributions become payable and to repay, with interest at the applicable
Loan Interest Rate, all expenditures made by the Government in connection with the
development of such Projects pursuant to Sec. 505 hereof. The obligation of the
Government to pay to make available Debt Service Annual Contributions pursuant to
this Contract with respect to any such Project shall terminate when (a) all such Bonds
and Notes issued in connection with such Project have been fully paid and retired, or
when monies sufficient for the payment and retirement thereof have been deposited in
trust for such purpose in accordance with the terms of such Bonds and Notes, and (b)
all such expenditures, with interest thereon, by the Government in connection with such
Project have been fully repaid.
(D) The Government shall also make Additional Annual Contributions
to the Local Authority (a) for each Fiscal Year in an amount which together with all
other Operating Receipts of the Projects will be sufficient to pay the Operating
Expenditures of such Projects in accordance with the Operating Budgets for such Projects
as approved by the Government, and (b) with respect to a Project for which payrents of
Debt Service or Basic Annual Contributions will be made for a period of less than forty
years, in an amount and for purposes as approved by the Government, to provide for
necessary initial expenses not charged to the Development Cost of the Project.
(1) The Local .%uthority shall submit to the Government, together
with the Operatin3 and Development Budgets for the Projects, an estimate of the amount of
Additional Annual Contributions which will be required for the period covered by such
du_'nat. The Government may approve such estimate or revision thereof in full or In a
reducad amount and the amount so approved pursuant to such estimate or any revision thcr<of
shill be the maximum amount of Additional Annual Contributions payable in respect to thu
Projects for the period covered by such Budget. The Government shall not in any Feder,el
Fiscal Year approve any estimate or revision thereof in an amount which, together wit`.
the ar.munt of all Additional Annual Contributions then rnntractud fur by the Govorn:.r::t,
•..oald exceod the ariounc as determined b; the Government of Additlu.::1 Annu.il Conti;cat i^..:
Page 15 -
November 1969
(Formerly PMA-3010)
As Amended by 53010C
:larch 1972 and
24 CFR § 899.102
contracting authorisation pursuant to the Act.
(2) The Government shall not be obligated to make any
payments on account of the Additional Annual Contributions in an amount in excess
of the amount specifically approved by the Government.
(E) Anything in this Contract to the contrary notwithstanding,
the maximum annual contribution payable hereunder with respect to any twelve month
period shall not exceed the aggregate of (a) the applicable Maximum Contribution
Percentage of the latest established Minimum Development Cost for each Permanently
Financed Project plus (b) the applicable Maximum Contribution Percentage of (I)
the amount determined by the Government to be that below which the Development
Cost will in no event fall, or (11) the Actual Development Cost, as the case may
be, of each Project which is not Permanently Financed, plus an amount not to
exceed $120 per annum per dwelling unit occupied by families as described in
See. 10(a) of the Act. For the purpose of determining such maximum annual
contribution, the term "Maximum eontribution Percentage" with respect to each
Project shall mean the going Federal rate (aa defined in Section 2(10) of the Act)
applicable at the (1) date of approval of the Annual Contributions Contract
covering such project, or (2) the date of determination of such maximum annual
contribution, whichever-is the higher, plus (a) two percent in the case of
w
Projects having a Maximum Contribution Period of forty years, or (b) one percent
Z in the case of projects having a Maximum Contribution Period of sixty years.
LuQ.
Lu (11) Section 417(C) is amended by substituting the term "Debt
O Service Annual Contribution" for the term "Fixed Annual Contribution."
F (12) Section 418(B) is deleted.
Z
i (13) Section 419(8)(3) is amended by substituting the phrase
"Debt Service Annual Contribution as determined pursuant to clauses (a), (b),
cr
o(c), and (d) of Sec. 415(C)(1)" for the phrase "Fixed Annual Contribution as
c9 determined pursuant to clauses (1),(2),(3), and (4) of Sec. 415(C)."
C Sec. 15. Performance of Conditions Precedent to Validity of this Contract
0
LU The Local Authority certifies that all conditions precedent to the
valid execution and delivery of this Contract on its part have been compiled
with, that all things necessary to constitute this Contract its valid, binding,
CL and legal agreement on the terms and conditions and for the purposes herein set
forth have been and are in all respects duly authatixed in accordance with law.
The Government similarly certifies with reference to its own execution and
delivery of this Contract.
Sec. 16. Clean Air Act and Federal Water Pollution Control Act
(a) The Local Authority shall incorporate or cause to be incorporated
into any contract for construction or substantial rehabilitation,
such clause or clauses as are required by the Government for
compliance with the regulations issued by the Environmental Protection
Agency pursuant to the. Clean Air Act, as amended, the Federal Water
Pollution Control Act, as amended, and Executive Order 11738. The
Local Authority shall cooperate with the Government in the conducting
of compliance reviews pursuant to said Acts and Regulations.
(b) Flood Disaster Protection Act
The Local Authority shall incorporate or cause to be incorporated
into any contract for new construction or substantial rehabilitation
the following clause (and the Local Authority shall itself comply
with such clause when it is the owner);
"If the Project is located in an area that has been identified by
the Secretary of Housing and Urban Development as an area having
special flood hazards and if the sale of flood insurance has been
made available under the National Flood Insurance Act of 1968, the
Owner agrees that the Project will be covered, during its anticipated
/SqG5
HUd-53010
No16
vember: 1969
(Formerly PHA -3010)
As Amended by 53010C
March 1972 and
24 CER / 899.102
economic or useful life, by flood insurance in an amount at
least equal to its development or project cost (less estimated land
cost) or to the maxima limit of coverage made available with
respect to the particular type of property under the National Flood
Insurance Act of 1968, whichever is less."
Sec. 17 Local Authority Contracts with Third Parties and Subcontractors
(a) Clean Air Act and Federal Water Pollution Control Act
(1) The provisions of subparagraph (2) of this Section shall not be
applicable if the maximum amount of housing assistance payments
under the Housing Assistance Payments Contract, over the maximum
term of said Contract, is $100,000 or less.
(2) In compliance with regulations issued by the Environmental
Protection Agency (NPA), 40 CFS, Part 15, 39 F.R. 11099,
pursuant to the Clean Air Act, as amended (Air Act), 42 U.S.C.
1857 et seq., the Federal Water Pollution Control Act, as amended
(Water Act), 33 U.S.C. 1251 et seq., Executive Order 11738, the
Owner agrees that:
W
Z (i) any facility to be utilized in the performance of this
contract or any subcontract shall not be a facility
rc
W listed on the EPA List of Violating Facilities pursuant
to Section 15.20 of said regulations;
S
Z (11) he will promptly notify the I.EIA of the receipt of any
communication from the EPA indicating that a facility
to be utilized for the contract is under consideration
cc to be listed on the EPA List of Violating Facilities:
W
O (iii) he will comply with all the requirements of Section 114
of the Air Act and Section 308 of the Water Act relating
< to inspection, monitoring, entry, reports, and information,
o as well as all other requirements specified in Section
W 308 of the Air Act and the Water Act, respectively,
and all regulations and guidelines issued thereunder; and
(iv) he will include or cause to be included the provisions
of paragraph (2) (1) through (iv) of this Section in
every nonexempt subcontract, and that be will take
such action as the Government may direct as a means of
enforcing such provisions.
(b) Flood Disaster Protection Act. ,
the local Authority shall incorporate or cause to be incorporated+,
into any contract for new construction or su.-stantial rehabilitation
the following clause (and the Local Authority shall itself comply
with such clause when it is the owner);
"If the Project is located in an area that has been identified
by the Secretary of Housing and Urban Development as an area
having special flood hazards and if the sale of flood insurance
has been made available under the National Flood Insurance Act
of 1948, the Owner agrees that the Project will be covered, during
its anticipated economic or useful life, by flood insurance in
an an amount at least equal to its development or project cost
(less estimated land cost) or to the maximum limit of coverage made
available with respect to the particular type of property under the
National Flood Insurance Act of 1968, whichever is less.:
HUD: -53010
Page 17
Hovlmber 1969
(Formerly PHA -3010)
As Amended
d2 byd53010C
iiRTE9�°i02
lg. notwithstanding any other provision of
the following is incorporated and shall
is conflict therewith:
rj
the Existing Contract as amended
supersede any contractual provisions
•; At least 20 percentum of the dwelling units in any project placed
under annual contributions contract in any year after (September 26, 1975)
shall be occupied by very low-income families.
(1) Under section 3(1) of the Act:
(2) Under section 4(a) of the Act:.
(a) * * * such loans (i.b., loans to public housing agencies
to help finance or refinance the development, acquisition,
or operation of low-income housing projects by such a3en-
cies) shall bear interest at a rate specified by the Se-
cretary which shalt not be less than a rate determined by
the Secretary of the Treasury taking into consideration
the current average market yield on outstanding market-
able obligations of the United States with remaining
periods to maturity comparable to the avera3e maturities
of such loans, plus one-eighth of per centum. * * *
(3) Under section 6(a) of the Act:
V)i (a) * * * except in the case of housing.predoainantly for
W the elderly, high-rise elevator projects shall not be
a. provided for•families with children unless the Secre-
ta tary makes a determination that there is no practical
P� alternative.
x
_ (b) Under Section 6(b) of the Act:
(b) * * * the cost of construction and equipment of the
I
project (excluding land, demolition, and nondwelling
Ir facilities) on which the computation of any annual
W contributions under this Act may be based shall not
Oexceed by more than 10 per centum the appropriate
F prototype cost for the area.
w (5) Under section 6(c) of the Act:
(e) .(1) the Secretary may require the public housing
agency to review and revise its maximum income limits
0 if the Secretary determines that changed conditions in
g the locality makes such revision necessary in achiev-
iog the purpose of this Act
(2) the public housing agency shall determine, and.
so certify to the Secretary, that each family in the
project was admitted in accordance with duly adopted
regulations and approved income limits; and the public
housing agency shall review the incomes of families
living in the project at intervals of two years (or at
shorter intervals where the Secretary deem it desirable);
(3) the public housing agency shall promptly notify
,(i) any applicant determined to be ineligible for admis-
sion to the project of the basis for such determination
and provide the applicant upon request, within a reason-
able time after the determination is made with an oppor-
tunity for an informal hearing on such determination,
and (it) any applicant determined to be eligible for
admission to the project of the approximate date of
occupancy insofar as such date can be reasonably deter-
mined; and
(4) the public housing agency shall comply with such
procedures and requirements as the Secretary may pre-
scribe to assure that sound management practices will be
followed in the operation of the project, including re-
quirements pertaining to--
i:7i0-53010 ( J
Plge lg' (A) the astablisbaseat of tenant selection
November 1969 criteria designed to assure that with -
(Formerly PHA -3010) is a reasonable period of time, the
As Amended by 53010C project will include families with a
March 1972 and broad range of incomes and will avoid
24 CFR § 899.102 toatentrations of low-income and de-
prived families with serious social
problems, but this shall not permit
maintanance of vacancies to await high-
er ineama tenants where lower income
tomato are available;
(1) the establishment of satisfactory pro-
cedures designed to assure the prompt
payment and collection of rents and
the prompt processing of evictions in
the ease of nonpayment of rents
(C) the establishment of effective tenant -
management relationships designed to
assure that satisfactory standards of
tenant security and project maintenance
are formulated and that the public housing
agency (together with tenant councils
where they exist) enforces those standards
fully and effectively; and
(D) the development by local housing authority
managements of viable homeownership oppor-
tunity programs for low-income families
capable of assuming the responsibilities
Zof homeownership."
(6) Under.seeEiori'6(' of theAct: _
W (d) + * or no annual contributions by the Secretary
shall be made available for such project (i.e., low-
income housing project) unless such project (exclu-
sive of any portion there of which isi not assisted by .
annual contributions under this Act) is exempt from
all real and personal property taxes levied or imposed
LU by the State, city, county, or other political sub-
> division and such contract shall require the public
0 housing agency to make payments in lieu of taxes equal
F to 10 per centum of the sum of the annual shelter
< rents charged in such project, or such lesser amount
w as (1) is prescribed by State lav, or (ii) is agreed
t3 to by the local governing body in its agreement for
p local cooperation with the public housing agency re-
quired under section 5(e)(2) of this Act, or (iii) is
o due to failure of a local public body or bodies other
than the public housing agency to perform any obliga-
tion under such agreement. If any such projects is
not exempt from all real and personal property taxes
levied, or imposed by the State, city, county or other
political subdivision, * * * no annual contributions
by the Secretary shall be made available for such proj-
ect unless and until the State, city, county, or other
political subdivision in which such project is situated
shall contribute, in the form of cash or tax remission,
-the amount by which the taxes paid with respect to the
project exceed 10 per centum of the annual shelter rents
charged in such project."
(7) Under section 6(e) of the Act:
(e) * * + whenever in any year the receipts of a public
housing agency in connection with a low-income housing
project exceed its expenditures (including debt service,
operation, maintenance, establishment of reserves, and
other costs and charges), an amount equal to such excess
shall be applied, or set aside for application, to pur-
poses which, in the determination of the Secretary, will
effect a reduction in the amount of subsequent annual
contributions."
(8) Under section 6(f) of the Act:
(f) * or * when the public housing agency and the Secretary
mutually agree that a housing project is obsolete as to
physical condition, or location, or other factors, mak-
ing it unusable for housing purposes, a program of mod-
ifications or closeout shall be prepared. * * *
1865
H:'D-53010
(1
C J
.. 19
�Sge
• arember 1969
(Formerly PRA -(9)
Under section 12 of the Act;
3010)
* * * not less than the wages prevailing in the lo -
As Amended by 53010C cality, as determined or adopted (subsequent to a deter=
March 1972 and
mination under applicable State or local law) by the
24 CFR § 899.102
Secretary, shall be paid to all architects, technical en-
gineers, draftsmen, and technicians employed in the de-
velopment, and all maintenance laborers and mechanics
employed in the operation, of the low-income housing
project involved; and * * * not less than the wages pre-
vailing in the locality, as predetermined by the Secre-
tary of Labor pursuant to the Davis -Bacon Act (49 Stat.
1011), shall be paid to all laborers and mechanics em-
ployed in the development of the project involved (in-
cluding a project with nine or more units assisted under
section 8 of this Act, where the public housing agency
or the Secretary and the building or sponsor enter into
an•agreement for such use before construction or rehab-
ilitation is -commenced), * * *
R
IN WITNESS WHEREOF, The Local Authority and the Government have caused
this Contract to be executed in their respective names and the Local
Authority has caused its seal to be hereunto affixed and attested as of the
Data of This Contract first above written.
(SEAL)
ATTEST:
Marian K. Karr City Clerk
(Type Name and Title)
bc*isd 3 Approved
Ay The�Legal Deperfirent
to z S
i
CITY OF IOWA CITY, IOWA
UNITED STATES OF AMICA
?went
/.q65
n
i
HUD -51999
Re.. 1,71
GENERAL DEPOSITARY AGREEMENT
THIS AGREEMENT, entered into this day of
by and between The City Council of Iowa City
, 19
(herein called the "Local Authority"), a duly organized and existing public body
corporate and politic of the City
and First National Bank of Iowa City
(herein called the "Bank"), located at
WITNESSETH:
of Iowa City, Iowa
204 East Washington, Iowa City, Iowa
WHEREAS, the Local Authority is undertaking the development and/or operation
of certain housing pursuant to the terms of one or more contracts which may be
amended or superseded (herein individually and collectively called the "Contract")
between the Local Authority and the United States of America (herein called the
"Government"), which projects are identified as follows:
Project No.
IA022003
IA05P022004
IA05P022005
Name of Project
Iowa City Housing Program
Iowa City Housing Program
Iowa City Housing Program
and
WHEREAS, under the terms of the Contract the Local Authority has agreed to
deposit certain monies received by the Local Authority in connection with the afore-
said projects with one or more banks under the terms and conditions specified in
this General Depositary Agreement and may also deposit under the terms hereof
certain amounts received in connection with any other project or enterprise of the
Local Authority, including any project or enterprise in which the Government has
no financial interest, NOW FURTHER WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the parties
hereto do agree as follows:
1. The Bank is and shall continue to be a member of the Federal Deposit In-
surance Corporation as long as this Agreement is in force and effect.
2. All monies deposited by the Local Authority with the Bank under the terms
of this Agreement shall be credited to the Local Authority in a separate account,
designated " Account"
(herein called the "Account'). All monies in the Account in excess of the amounts
insured by the Federal Deposit Insurance Corporation shall be fully and continuously
secured by the Bank by the deposit or setting aside of collateral of the types and in
the manner as is prescribed by State law for the security of public funds. Said
collateral shall at all times be of a market value at least equal to the amount of the
monies so secured.
3. The Bank shall honor any (a) check or order drawn by the Local Authority
upon the Account or (b) directive to purchase or sell securities pursuant to Para-
graph 4, if such check, order, or directive is signed on behalf of the Local Authori-
ty by an officer or member designated by resolution, a certified copy of which
resolution or certification by a proper officer of the Local Authority as to the adop-
tion of such resolution, shall be furnished by the Local Authority to the Bank,
4, The Bank shall purchase, with monies from the Account, and sell invest.
ment securities as the Local Authority may direct. Such securities and any other
securities which may be deposited by the Local Authority with the Bank under the
terms of this Agreement shall be considered to be a part of the Account and shall
be held by the Bank in safekeeping for account of the Local Authority until sold.
Interest on such securities and the proceeds from the sale thereof shall be,Oeposited
in the Account upon receipt,
/865
S. If the Bank receives written notice from the Government that no withdrawals
by the Local Authority from the Account are to be permitted until thereafter author-
ized by the Government, the Bank shall not honor any check or order of the Local
Authority drawn upon the Account, or permit any withdrawal by the Local Authority
from said Account until expressly authorized so to do by written notice from the
Government.
6. The Bank is not obligated to be familiar, and shall not be charged, with
knowledge of the provisions of the Contract, and shall be under no duty to investi-
gate or determine whether any action taken by either the Local Authority or the
Government in respect of the Account is consistent with or is authorized by the
Contract or whether either the Local Authority or the Government is in default
under the provisions of the Contract. The Bank shall be fully justified in accepting
and acting upon, without investigation, any certificate or notice furnished to it
pursuant to the provisions of this Agreement and which the Bank shall in good faith
believe to have been duly authorized and executed on behalf of the party in whose
name the same purports to have been made or executed.
7. The rights and duties of the Bank under this Agreement shall not be trans-
ferred or assigned by the Bank without the prior written approval of the Local
Authority. This Agreement may be terminated by either party hereto upon Bixty
days$ written notice to the other party, a copy of which notice shall be promptly
furnished to the Government. The rights and duties of the Bank hereunder shall
not be transferred or assigned nor shall this Agreement be terminated during any
period in which the Bank is required to refuse to permit withdrawals from the
Account as provided in Paragraph 5.
8. This Agreement may be executed in several counterparts, each of which
shall be deemed to be an original and such counterparts shall constitute one and
the same instrument.
9. The depositary agreement heretofore entered into between the Bank and the
Local Authority with reference to Projects No.
is hereby terminated and all
monies and securities of the Local Authority on deposit with or held by the Bank
pursuant to the terms of said agreement shall continue to be held for account of
the Local Authority pursuant to and in accordance with the provisions of this Gen-
eral Depositary Agreement.
IN WITNESS WHEREOF, the Local Authority and the Bank have caused this
Agreement to be executed in their respective names and their respective seals to
be impressed hereon and attested all as of the date and year first above written.
(SEAL)
ATTEST:
Secre rY Marian Karr, City Clerk
(SEAL)
ATTEST:
City of Iowa City
Local Authority
By IL ZM_
hoi" John McDonald, Mayor
rst 14ational Bank, Iowa City, Iowa
Bank
By
NOTE: Strike paragraph 9 if not applicable.
722062-P
HUD -HAA, w..h., D.C.
/865
i
I HEREBY CERTIrY that a meeting of the [card of Directors of
on First National Bank
Iowa City, Iowa Mak 01t�i0°al ban"assoclatiof
�a Wel some -'of vim
and a amber of the redaral Deposit
Insurance Corporation, located in the County of Johnson , Stats
of Iowa , was held on the 14th day of September 19 82
at which the following Directors, constituting a,quorus for the transaction
of business, were presents Briater, ]bre, Feddersen, Hardin, Hoppin,
LU Houghton, Nagle, Newman, O'Brien, Radcliff, Sangster, Sierk,
zz Stochl, Van Allen, Vestal and Wall,
W Y
_.G RESOLUTION ,
F 0
ZB[ IT AESOLVED by the Beard of Directors of x" First National Bank,
i
cr Iowa City, Iowa 2=9 that
>ie Vtce-
0 James A, Sangster, Senior !resident of. the Benito be and he hereby
Is empowered, directed and authorized to ereeutso on behalf ofehls
Bank, .a General Depositary Agreement with the [ousinq Authority of
o the City of IcWh City, Iowa
4'
L Mich ehls Baht shall act as a depositary for fund] of the [ouslng +
Authdrity of the City of Iowa City, Iowa ` and
to
execute any and all other papars and docusants necessary and proper
in connection with said General Depositary Agreement,
i FuRnMR CERTM that the resolution was approved by a majority
of the Directors present at such seating and that it to a valid and
proper resolution and was adopted at a valid and properly held meeting
Of the Board of Directors of such Bank,
IN TESTINCNY WKcp Or, S have harsunto set zW hand and seal
of said Bank this 25th day at September , 19850
FIRST NA NAL BANK, NA CITY, IOWA
S Sor Vice -President and
cs.uw,
.
I
t.
1
i
i
CAr1 nan or IIiCO mmo omcn
I, Marian K. Karr , the duly appointed, Qualified
and acting City Clerk of Iowa City
do hereby certify that the attached extract from the
minutes of the October 8, 1985 meeting of the City Council
of the City of Iowa City , held on October 8, 1985
Is a true and correct copy of the original minutes of such meeting on file and of /
record in so far as they relate to the matters set forth in the attached extract,
and I do further eertify that each Resolution appearing In such extract Is a true
and correct copy of a Resolution adopted at such meting and on file and of record.
IR TZSTDON7 WVMOT, I have hereunto set my hand and the seal of said
this 9th day of October , i9 85 ;
(Sm)
24k 14�,_ )
Marian K. Karr, City Clerk
.. 41 o3&wijL7f YfieM 6FLt: im:f%4M '
I
-- RDD -9012
(11-68)
EXTRACT FROM IQII[ M OF MECfIRG
i
r
EcTRACf M THE MIRVM OF A Regular
MEEPIRG OF THE City Council
I
OF THE City of Iowa City
HMD ON TRE 8th DAY OF October , 19 85
The City Council of the City of Iowa City
met in a regular meting at
Civic Center in the City of
Iowa City , Iowa , at the place, hour,
and date duly established for the holding of such meeting.
The Mayor called the meting to order and on roll call the
following answered present: Baker
Dickson
Erdahl
McDonald
Strait
Zuber
and the following were absent: Ambrisco
The Mayor declared a quorum present.
• • • • a ♦ e • • • e • • • • • •
233978-P
.U5 OCIEglIEMf PF WIWG MnCi�+m-rmcvA�
L
E
WA4IW
0144
The following resolution was introduced by Mayor F1cDonald
; read in full and considered:
Zuber moved that the foregoing resolution be
adopted as introduced and read, which motion was seconded by Erdahl
and upon roll call the "Ayes" and "Nays" were as follows.
AYES ABSEW NAYS
zDUonald Ambrisco !cone
Strait
xZuber
W Baker
Dickson
Erdahl
z
z
C
The Mayor thereupon declared said motion carried and
said resolution adopted.
t R R f R! R f f f f t R
There being no further business to come before the muting upon motion duly me•ie
and seconded, the meeting was adjourned.
III
r—
GENERAL CERTIFICATE
, Marian K. Karr, 00 HEREBY CERTIFY as follows:
1. That I am the duly appointed, qualified and acting City Clerk of the City
of Iowa City (herein called the 'Local Agency'). In such capacity. I am
custodian of its records and am familiar with its organization, member-
ship and activities.
i
j 2. That the proper and correct corporate title of the Local Agency is the
City of Iowa City, Iowa.
3. That the City of Iowa City, Iowa, was duly created pursuant to the
authority of the constitution and statutes of the State of Iowa including
particularly, the Act of Legislature in the laws of Iowa of 1838-1839 at
page 435, and was duly recognized on the 4th day of July 1839; and since
the date of its organization, the Local Agency has continued to exist
without interruption in the performance of its public corporate pur-
poses.
4. That the names and dates of election or appointment and the dates of the
beginning and ending of the terms of office of the members of the
governing body of the Local Agency and of its principal officers are as
follows:
DATE OF DATE OF COM- DATE OF EXPIRA-
ELECTION OR MENCEMENT OF TION OF TERM
NAME d OFFICES) APPOINTMENT TERM OF OFFICE OF OFFICE
John McDonald
Mayor 1/3/84 1/3/84 1/2/86
Councilmember 11/3/81 1/2/82 1/2/86
Clemens Erdahl
Mayor Pro tem 1/3/84 1/3/84 1/2/86
Councilmember 11/3/81 1/2/82 1/2/86
William J. Ambrisco
Councilmember 11/8/83 1/2/84 1/2/88
Larry Baker
Councilmember 11/8/83 1/2/84 1/2/88
Kate Dickson
Councilmember 11/3/81 1/2/82 1/2/86
George A. Strait
Councilmember 11/8/83 1/2/84 1/2/88
Ernest Y. Zuber, Jr.
Councilmember 11/8/83 1/2/84 1/2/88
Neal Berlin
City Manager 1/14/75 1/14/75 Indefinite
Terrence L. Timmins
City Attorney 6/18/85 6/18/85 1/2/86
Marian K. Karr
City Clerk 4/12/83 1/3/84 1/2/86
5. Each of the above-named officers required to do so has duly taken and
filed his oath of office and each of them legally required to give bond
or undertaking has filed such bond or undertaking in form and amount as
required by law and has otherwise duly qualified to act in the official
capacity above designated and each is the acting officer holding the
respective office or offices stated beside his name.
6. None of the above-named officers is ineligible to hold or disqualified
from holding, under the provisions of applicable law, the respective
office, specified above, which he holds.
7. None of the above-named Councilpersons is an officer or employee of the
City of Iowa City.
0
N
8. Since March 12, 1985, there have been no changes in or amendments to the
charter, by-laws. ordinances, resolutions or proceedings of the Local
Agency with respect to:
a) The time and place of and other provisions concerning regular
meetings of the Local Agency;
b) The provisions concerning the calling and holding of special meetings
of the Local Agency and the business which may be taken up at such
meetings;
c) The requirements concerning a quorum;
d) The manner in which the charter or by-laws of Local Agency may be
amended;
e) The requirements regarding the introduction, passage, adoption,
approval and publication of resolutions, ordinances or other meas-
ures, relating to the approval and execution of contracts and the
authorization, award, execution or issuance of bonds, notes or other
obligations of the Local Agency;
f) The bonds, notes or other obligatiuired to ons of theeLocal Agencn or y; contracts,
g) The office of the Local Agency; or
h) The seal of the Local Agency.
On January 2, 1976, the City Council adopted a Home rule Charter for the
City of Iowa City, Iowa. Said Chart.. vas passed according and pursuant
to State law.
' I
9. The seal impressed below, opposite my signature, is the duly adopted,
proper and only official corporate seal of the Local Agency. '
IN WITNESS WHEREOF, I have hereunto set my hand and the duly adoptedofficial
seal of the Local Agency this 8th day of October
MARIAN K. KAKKI �
CITY CLERK l
i !
i
+i
I t i
i
RESuLuTION NO. 85-296
RESOLUTION ADOPTING THE REVISED ANNUAL BUDGET, FY86, ENDING JUNE 30, 1986,
FOR PUBLIC HOUSING PROJECT IA -022003, IA05PO22004 AND IA05PO22005.
WHEREAS, the City of Iowa City has in effect an annual contributions contract No.
KC9166 for Project IAO22003, IA05PO22004 and IA05P022005, and
WHEREAS, the Department of Housing and Urban Development requires the adoption of
the annual budget and any revision by formal resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
in its capacity of the City of Iowa City Housing Authority that:
1. The Revised Budget for the referenced projects as shown on the attached forms
be adopted.
2. The proposed expenditures are necessary in the efficient and economical
operation of the Housing Authority for the purpose of service to low-income
families.
3. The financial plan is reasonable in that:
a. It indicated a source of funding adequate to cover all proposed expendi-
tures.
b. It does not provide for use of Federal funding in excess of that payable
under the provisions of these regulations.
4. All proposed rental charges and expenditures will be consistent with provi-
sions of law and the annual contributions contract.
5. The Iowa City Housing Authority is in compliance with Section 207(a) of the
Annual Contributions Contract, which states in part that the Housing Authority
is re-examining the incomes of families living in the project at least once a
year.
It was moved by Erdahl and seconded by Zuber
the Resolution be adopted, and upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 8th d# of October , 1985.
ATTEST:
poo*M $ Approved
Dy The {ogal Depadmnl
IozBS
Lay
,M
I.. Del.. "AT v+QNw .w na.x'Jevelo..bR
O..Yo-.un+ao •.o.. c....
Lw-.4.T �W.0 A*W..w
I—.
W.-D.r Iw, H
I .•.,............. a
OIIVTING/UDGLT
Lw-lydHw+.J.n— 23.1q.1.....0
LIY-Dir-M�w..w.H.............. ❑
q, H... l T. tm., !une in 1986
LIY-L...d.Al.............. [J
OuOu.L T.6...... x0.1
LH1.1 r InpeWYni.,m��Cw.r,. Imo'
war
Iowa City Housing Authorlty Phone: 3Ig/356-5138
CityHousing
91
9166Civic
Center, 410 E. Washington Street, Iowa City IA..,
.
LIA022003, IA05PO22004 d lAOSP02200S
x214
City, Johnson County, Iowa
uIowa
o.... ..nm
I... ..... AA....... 1 1.owumN ;[GUESTED aUDOtT pTYHATts
,11nT
K.L
'OW11V.
. a1T1Y.faT xY0 VOOII.C.f104.
.___. ._.. _ _._. _._.. _.. _.. ... .. __�'. .. 1
M wwavn '—' r+r nwati a..n�+rna� Iowa City Housing Authority
sdrYr
of A"d.w.. jzl OWE Twp Sd.l.. a ow, aw.r T� b
Iowa City, Iowa 7986
r
T 1 Iw..ryF,y� 0 1 p
Tir.r r M.
T.w.r�.ww...wn.ww.. a...+
o�.r..w.. r s_ rev w Tyr
...r.w� L...t r ewrr..a awrra.
-Section 8 Existing
This represents the travel budget for the Division. Total costs will be shared
as follows: 203 Public Housing
80: Section 8.
Only lines 13 (S300), 17 (SSDO)and 18 ($300) will change fron approved budget due
to the additional 10 units.
[
N.rr r4nn IwrrT.l {rapt t\r. r1 lr.wliNNrr
Iowa City Housing utthorrity.. r< r,..a .»E.ug June 30
1986
F.�iL.N wrr.r.'•w .. �M.^-LwNIw
a•dl.. EwYI f..b,. Mxr 4• .cru r« MIa.NN Iw.w WnN. Mr ?r Ma,w 71 LrN Lwr1r4 rrr,r rrr M Mn
uWbwtl Lr11^..,r.w ••II'L. r.aw NIralq wr. wu1MbIx
Lw. xlVNN. n.Mrx4,. .uM./Mh.xy.»M w1.1
C•Y .0 mnrrr r1 xxnw,r N W Ixw. AA rr nub «. Yu x ynwN-4,. .rrLll+r M14.N h 4xxr.
./ay.E.•v.w Iw rill NL»uN.wx.M1.xw+.r�Irm Nw I....ry
,
it ry.1=rw E.N.. w1.4xMwrrhmlM
. dl n nNrN It wl 1-61.1..wNw.w4N G vwrr vn4q Yw Ir UU w✓ •
Original budget estimated 1142.60 PUM (97. occupancy) and after 3 months appears within
reason. The additional 10 units are all rented with an average rent of 1147 PLN x 10
units x 9 months x .97 occupancy r 112,830 . 88,980 • 1101,810.
[ U Inns. (NOT 6 )Nhw 23 L»»/ l—,l tLwL.gr.wlw..rn. M Irq 1, rN rY4N "d.w". Wx Iti Q gMir jra.
«I—Nlw.aY r.nn �IIry ur.rlN. rw u.gbr Gr:,NLi/Yl .6'krxn a Ow IMI wx.rl» d rms ww dM..rss M
Ow104t, a. Gw.w..m. Mw M rn.r vu111r Nlrww. [q Ww.wI.IwM I..Ilw.rr w wLw AN r4i wIN awr
• uMAlrx.INww w h aal swrn N acus rhnry .lwrEw 4q h II—W -Mala. Trr.
1. Ubbryl.w•u.freL..../r G.❑ uwwn�w❑ Mhx❑ Ownld
1. c»wm
N/A all utilities are separately metered and paid by tenant. See line 328. The utility
allowance currently utilized may be revised after the Section 8 FMR shcedules are
released. 1n fairness to all participants the PHA must maintain some consistency between
Section B and Public Housing.
w«N•.I_ ilY [xiu 113 4 Yxr 2) Lwr1 Lr,w.l Cr44w bw 1. Nwllrlq w.L swN NN q w1.ti N a. twirl wrw..
rN..,.•zgbl i�,.lh WiIIME IrNs. Mr,ur RMsI. a%Mr rnM. xt. Cib rAr•Ms rwldrrM lrW w.I ENrsM [Jrrl rrr
•..hra1 wrhraly [rwl M..r.
1' 1E... IVM T•4aw mrwl Tw..
N/A
I. c—N.'
t.;N,l.'IIM a14r M. lIMI WOn ..N: w I«)xur L»Wlrrvuq. G•wa r, .M. wl)wmrrw• r.IWrn• rwn
EwxryMowUGfDY,srw .aN+ywhww.M.l.w Glr•.
TA..w dMl�wNnu. 2,4w510wd.rw.w44
rrul4s nrWM u.nilurr4•
i
TM NllhrlsWW)low wNl/wl Ewll:n/I.rluN w»r111.4ur«).N xMn x.rwl unr r.x dw Mwrw 27, IIM• I..mL
•Mr,•It •M•�y.w.M r«n w.. ,MJ �xT, 1uillwmbu rA.•rM..wp.wn No le rM,w xwa/xlr 4.nb.. 11uU
• •«rwews:4M.Nl4bllry d4lr wlrwr,urllMwn.q w.M.* rw lwlli•E »'•.•ILrw
MuirwJ..Ibq.wbxrwMITswr I0Nr lwdb. M. Y. r.nl ll/.rh/Illwwrn ..'.E. —N.•M.. btilt,
Jill 1,
I•uM ur.«u14 n.w.rrEwwr 4xlbdh..YvwrrM hwerrd Ab W.IIr 4drN ww,. rw.L..w wUO•513M
I
1. crlrr wr.L. N/A
2. Ge..N D.bm I. llwrl 01 yuw..r wl
N crnr err. T.w f 1 1
). LurrN rw..n d —,NNI N. ....1 N c»w 4r... T.
r b Ouyd 4,. [lawlr rollln _ t • 4
1. .+w w C141r Iw0.x
1.— 2 b, I...uwnrMM1
G»)wbnIINMIir) f 1 !
1. (Iu.w�N •r.iw N[Ilwl. r»mn Mw.w.gwNN
Cr.wr 4NIN Yw obbllN lr I in. 1 1 f
1
I
i
f
• uw
Iwn
w.lYl
LSF J /./M10.1. W 1.•Nk•rNr•
•. Iowa Li ty Housing Authority
•'t:r•::. .�,xr.r.NA••nxw+.•r.NJ.•.•Nr uiwN Fw �.. •IrNWr. rr.www ..
.�r1..rnw .•.rl. nxl .« rr 14 fYw.w1 Nr•1'N n,wrN /wniY n rnrNnl IW N•+«
^n. o^••n adwl rnr. L•W. b.•Ir lx yWVrWln•n. w..Wl oil Nlw,
w ••IrNv, w•r MrN. Arw�ry
The Operating Reserve balance
is
market account and IC is on 6-30-85 was $44,880. This Is invested to a money
anticipated it '111 return 7.15: or $3,200 interest. Tenant
security deposits are invested in the sane account and should generate $650.00 interest.
Tenant rents are deposited directly In to the same account and are withdrawn only e
needed. This should generate an additional.
dw. y^+••. a f.l rw, w o•• Y f $650.00. _To taLres imaas
..+•^`W :IA. LNa•, ir•.:n 1p,,; :�j„»�n.r.r. r.11.x««,n4. ted_fmteresi.inCOme_$4.500.
••r4' N,• xJJlU,r aar «NN..r Miry IY L•w•xl arnr•w, �fnrlw�J1 L�NL.r•W
Receipts from spin
am
damage and unpaid utilityacharges ted nare correcctedtand/or paidebyathe SAuthority Tenant charged hack to the tenant or in the case of a move -out, it is charged caused
•� security deposit. Estimated income for this source is $3,000. Total $3.500.
rged to the tenant's
.'.Yr4n �Y u«rr V I,. r M Y•n d Minna•^ ,A•r ., frnNU0.1Jfy. YA•A4 J ab INJr .N Y4.n,, a 411wu
Y tN.. 111 Fw w xxl Nwl•r NNNriru 1•,Iarxl rxA rAr uwnw•Iry Nuwl lir Nv1.G• •Aw^ �. C•.. 111.
�f.Irr 01 [.w llU0.friµ.
•r'^ ^r•.Yr d NviwY.r IvlLnr Nuu�• dlwwr w NUD.0 W Yw�r n rr
., a•LMa a„MW^a.'T'•wnlw Nl•.•14 w,rA Yr«ry •. rA, xrNp{,
'Y •w••Nm 41Lur N.mr. n w•. (VI0 , lrla , L101. >D�• M fmt.•.rwYwl~ITAr•.
Cdr_111 Gxr N•v rl:w d xxt w4.r nrm •Y.v w
,. C-1—.Inrry]]Girw.lIyfl. n NUD..N
LwM Lr,nf r r Nl r•1•.r..r•r• •Ixry Y Minn 111 r C•Iw^ 111, Fr« NU0.
���' "'r•r^•• 11aK dlr.Hv Y YOIN 71
row fYN.Y.Nvnn41 WI1.Nr NNxr••Nhu.,xrNUlN r.r•u b.0 w•r^, Io.
.?l NUP1ri1{r«YNwx11r 1i,wdrwl YN<•w lir•a11w.r Y,Ir.rN. •N A.wr
I
a 11.1«.r^N w^llnl•� vN /v,x..Nn M ♦ wrM ••Y•• N w.
�� _. .. ......�_�_�_�.��._.�.r._LN �� MUD..Jr=Yr•Ns�IiY•r
i'aLl,w.,b�� r� �111�•l
1•r- uu«'rx,Yna 44.ro
•y..^.,r.1;.rr..A...N 16 I 1.25 i 28.544
O'•1 •rx..L.y Ir.. aoN..ew.L.r 11 I 15.057 1
lirNi�.+....Id rL.NL.w.I I•
.09 1.500
7; I
t•r 1�«< x .Y y«r«xx br r NU0•f]1Y, x•. • l ul ,
4. u `..—
"1'•'A• Nrwrw IIN •. NUD4JftI,IY •. w •N..,. ,Aw w C.1—
...... .......
•Ivr....•...,•N• ,Y.. n C.1'.rrWIN IIN •b•.
'• Y rINr1 n M• •• 1 x f.wrl ,Nq �xn.wn +.a hrn , b. w I�Irr'4 rrn,rWlN IIN vMn.
d Mxdwl rw • n nn«r1 b 4 LNa •N r N •NNIw b1 InN•n
.:�^• 1x11. o ,4r w Irx MUD.1If1J.
NUPlffll
l .
/?G6
a
1 0
i M
rrPl uv!
lwn
�wI N ♦f,aP! 0.w IIJ 1wN11N.Nr1
low& City Housing Authority June 30
-4 M WN z. w HZ_•r _ Innl 4w [Nq 186
trM..
0.w,6 await.. (Crrlral
lurr..l 1r11.y,N Llw, 0.r Iw•+NI: 11n1 /.11 wr„N w r,rnlw x1.11 w.,M I,.•µ,. r y,y11,M w Nn NwwrN
fNnr ryr:'C..... .l)aiw,n„r:•, wywNrwMl+r eN,ry.rwwl,,,r irr1fWrlr,rY.► _
•+vMulu 1.'.. lw al.w,x,nw frN. Irr lrnarwrdLrxrrurw,Mllry .,lw �, GrdMrlwD�ylw.w-
Th Iowa City
Irw.NDAutho it I rwlr,llhmw Lr wrr r, wr
The Iowa City Housing is Housin is administering 462 units of Section 8 Existing and
these 62 units of Public Housing. The staff is authorized by City Countll resDl•ltions
189-286 and 85-66. This same staff provides support for the Housing Commission, performs
other studiesas necessary and provides administrative time necessary and required In
search of a ddi tional units. It is not
anticipated
s will
change. however,for administrativesimplicitythe current numbers
staffand Projected nsalary
percentage of wages follows:
1 Housing Coordinator 'Dub—ac Hsg• % Section
I Housing Management Aide 20 BO
1 Maintenance Worker
1 Clerk Typist 80
3 Housing Specialists (20: each) 60 240
'
1 Attorney 100 02 hr./mo. 4 hr./mo.
.w wLy, r:y;;; M �M MUD.l31/L Vw o.gLw,4. M hnkR iris I. www r ••)wlnlrrlr r. Lrd w G,»ww.
C--aNrr T.'. [.II,M!„I rr,rN Wrlr Y.w -11—w4I..wrr w Y. PUN rr M
Travel costs incurred will be prorated between the two Programs 1~. e. 0 Public Housing
and 80% Section 8. No increase from previously approved budget.
1N•p:4n aF, .ug4rll,, .l r.Mw+:.,l Rrr,M aNrr Yr• nnrM
Utilities
G,on
lines
320 390
Nrfor
rrl.M.u,•.rr•wV:Iliry a.d.r
..
ffice
use,
building. ulre.Ihirhirrigation, and for short perldsof vacancies dungunitturnoveThis line habILeernl
increased by $600 to provide for the 10 additional units. $5,400.
aFl..•t•.:�i..�':.T. 1. ,4'G.l:rel......nw n, N,.w.rl.l e,a.,,N eNvr rw ... ...r rl•. PUY
_ ' W.rYr. r wrlwMwrw
•The 10 additional units are older existing units and will require more time and materials
for upkeep and routine maintenance. An additional S1,000 was included in both labor and
materials.
I
+7:T.:. Tr ...S. 'G C«rn Gmi Lw rr.,w:r. ,.iw.w:.•won .r•..,.11r,N vw w. rrw
Yr..,rrnr rr. rL. IYY w. ,T'� I,N�Ir, lwlw 4,nur L Mu I. N. apw,,.rM blur Yr•, fg4r rl,wwrl InwM Wpr i
dmw r11. IbI urn wr I,r r6 WLr Yr. II LMa fo ,wrrr h rbrrro M I
Contract costs include pest control $1,500; office rental $1,500; typewriter repair $20;
inteplusrior $1,3001 for ther10tfor 15 additionalfts unitsotoecovertmaintenance0tasks beyond capability
of current maintenance personnel and will be contracted for on an as needed basis:
Total $13,500. )
i
ww•um
I
/�f0
.,x .r•a>n
4w.n•y ahit.r
10" City Housing Authority
rl..N T. 1"- dune M
....� I r.r YlwY ww,1 Y•Yr.x rla�
Lwr4w
1
',. O..rha Cwrwlr,..,14..rwa1
MI.� ._ aiw Nu.Wlw Jxi.y,i.lawr,wl Euapr lT wrrh/.e,rrru �4, EUY nh Jr.,./nx.. lr r..rnr..,.
C.w., aNN, r.... G..Arq . N.wN• w..w wM, .w
No increase from previously approved budget.
from Development funds. Insurance on the 10 additional units paid
i
1
� I
_
[!r4tw th.Ja4ra.y.; UO.11 trbrN twwlh.M+rrrxiNNi. Gw l.11llwrh. A. NLW h V INbhxa
.r.N G.W.'M,, r i. HUO
i
I
rrr•.r. A,. rr lw.
All employees are city employees (to Include the Assistant
City Attorney) and as such are
covered by city personnel policies and union contracts. Employee benefits Include paid
vacations (varies with length of service),
sick leave, Iowa Public Employees Retirement
System (IPERS); health, life and dental insurance long term disability
insurance and
unemployment compensation. Increased as salaries increase.
- i
1
Gllw,h. a..,, Mrx wr.r.aw.l wrx r...n •NN..11. w 1. rxl., M W rA.
w WA rwrr,r wx.a rrw., N rA. rhA i. rAxA rA. whrh
.ryr � I..,1 rw,r N.11 N.M. x.JwaU
1 ..
w..rx.M,
No accounts receivable. 5800 is projected. Tenants are required to pay one month's TTP
�
i
as a security deposit and rent collections are strictly enforced. A waiting list is
maintained and occupancy should equal 97%.
'I
6.rryrr IViwrxq Irw4.r,r N e riw.4.r Mw.r.x N Aa1nWl Clw Mir wUa �
.ww.. rr r,lwlw. y w„r .ryr.Nl r pw Iw,Ilhulrr W Nt4
1
'
N •
Ju,Illrlwa 44•rlir, W..r.yr r.,x,64 x rrr wUPalaar..r.., M �w rlwA rl. w Mw NINNh r rrr wU0.5n,
•wNrr Ar..
None.
I
i
xw.rnn
.vr owhin•r rl.nwlpr¢.i.n_�,r
I
I
i r i
i
1
I
i
I
i
/�66
I
/Lf4 P
s
b
vm
dN
O
b
V0
OC
du
�1O e�
4
Y
L 6
r
N N N q
y w p L
d
3
d y pJd
y
L
Y d e l
O �L
d d
Y
�
O
O
N
�
HN O .Nin^
M
L
4
A
V 010 ON A11�0
HO
V N 0.n m� Nvm O bll
N
N N
'
1
O
i
NO 00
HN
��
J
NO NI�1 ^QH
r
CF
m O
N
30
N
� O .Oi OCb N
O
rNi
=o
o
q
S
ON
YY
�
O
w
V 6 V .�
Nd
111111
o
N sv
�
CE
C FT N C
y Y m
}
N N L v
CL
O N
�e
L,
O O V 0
u
y
fY
/Lf4 P
OF
RECEDING
DOCUMENT
4iw
qu•rpy �I/arr
a'+'�"'«'+'••s�
sin
Authorit
June 30, 1986
)ri lelw 1 0 el
AN Iu1MMa Mal >IirMa
s.w,
Iowa City
Iowa
52240
W
3/20 85
w. r•
+•�
►+^ Sect onB
nrar a+rr.
PI
rn
to
Irl
01
(lousing Coordinator
-NT
31,096
32,340
12 32,340
251
0
751
Percentage of time
8,09D
24,250
1 Housing Management Aide
-NT
19,260
20.030
12 20,030
20% -
0
801
Percentage of time
4,006
16,024
1 Clerk Typist - Leased Ilousing
441T
15,104
15,730
12 15,730
201
0
801
Percentage of time
3,146
12,584
3 Housing Specialists
-NT
65,085
6,500
12 66,500
13,302
0
53,198
The part-time specialist Increased to
(annual
annual)
(annual)
(4,434 ea.
(17,732
full time as per Resolution 184.286
1
(21,695)
22,166)
(22,166)
(201)
801ea.)
Percentage of time
1 Maintenance Worker I
M
13,214
15,057
11 15,057
1001
0
0
Increased to full time per
15,057 Resolution 085.66.
'1 Attorney Fees 0 4,000 4,500 12 4,500 331 671 2 hours per month Public (lousing
(show on Line I of 52571 and do not 1,500 3,000 4.5 hours per month Section 8
count as administrative salary)
14"'591TN-,97112 ITS4;131-7 45,701-1 1 169;63
r
RESOLUTION NO. 85-297
j
j RESOLUTION ESTABLISHING A POLICY FOR NAMING NEW STREETS.
WHEREAS, the City of Iowa City acknowledges the enrichment and identity
the past is capable of offering and wishes to give new roadways within its
corporate limits names which are reminders of our heritage; and
WHEREAS, the City of Iowa City wishes to recognize the adventurous
individuals who made contributions which shaped and developed this
community; and
WHEREAS, the City of Iowa City wishes to establish a system of surnames
which signify the direction of roadways,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That developers are encouraged to select the names of new local roadways
from the list of names attached to this resolution and in accordance
with the quadrant locations identified on the list and designated on
the attached map. Said list and map are incorporated by this refer-
ence herein.
2. That the surnames given to new Iowa City streets be consistent with
the following system:
a) Streets - A non -dead-end roadway aligned in a north -south direc-
tion.
b) Avenue - A non -dead-end roadway aligned in an east -west direction.
j c) Drive - A non -dead-end roadway which is aligned neither in a
north -south nor east -west direction but whose direction changes
and meanders.
It was moved by Strait and seconded by Baker the Resolu-
tion be adopted, an upon ro call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
—T DICKSON
X ERDAHL
X MCDONALD
X STRAIT
X ZUBER
Passed and approved this 8th day f October 1985.
i
ATTEST: Reaolvad A A
pptoved
By Th Legal Dererhneni
i
Igo
I
STREET NAMES WITH HISTORICAL THEMES
SELECTION LIST
INDIAN NAMES
(Southeast Quadrant)
Blackhawk
Rantcheyaime
Wapello
Fox
Sauk
Wappashiek
Mesquakie
Sioux
Oneota
Tama
Poweshiek
NATURAL HISTORY
I
(Southwest Quadrant)
Flowers
Minerals
Songbirds
Bluestein
Agate
Goldfinch
Coneflower
Geode
Oriole
Goldenrod
Pipestone
Robin
Shooting Star
Wild Rose
IOWA TOWNS
i
(Northwest Quadrant)
Adelphi
Corydon Jewell
Red Oak
Afton
Danbury Kellogg
Remsen
Agency
Deep River Keystone
Rock Valley
Alexander
Defiance Lanesboro
St. Ansgar
Alta Vista
Delhi Larchwood
Sergeant Bluff j
Aplington
Diagonal Laurens
Sheffield
Avoca
Eagle Grove Le Claire
Shell Rock
Bancroft
Elk Horn Lime Springs
Sigourney
Belle Plaine
Essex Lone Tree
Solon
Belmond
Farmington Lost Nation
Spirit Lake
Bloomfield
Fayette Marengo
Steamboat Rock
Blue Grass
Garden Grove Mediapolis
Strawberry Point
Bondurant
Gladbrook Morning Sun
Tipton
Boone
Gowrie Mystic
Traer
Buffalo Center
Graettinger New Albin
Underwood
Calmer
Grinnell New Market
Vinton j
Charter Oak
Guttenberg Orange City
Waverly '
Clarinda
Harpers Ferry Pella
What Cheer !
' Clear Lake
Honey Creek Pleasant Hill
Woodbine
Coggon
Huxley Postville
Zwingle I!
i I
i
q
PIONEER AND HISTORICAL NAMES
(Northeast quadrant)
Adams - Brick Mason
Berryhill - Builder, Landowner
Brossart — Associated wtih the St. James Hotel
Buck - Grocer
Butler - Associated with the First Capital
Byington - Capitalist
Cox - Surveyor, selected the name "Iowa City"
Dondore - Wagon shop
Ounkel - Associated with a local hotel and movie house
Felkner - Legislator
Folsom - Lawyer
Frierson -
Gaymon -
Gower -
Irish - Newspaper editor
Judson - Surveyor
Lathrop - Historian
Lovelace - Architect, College Block
Mendenhall - Merchant
Murray - Doctor
Parvin - Territorial Secretary, Masonic Lodge
Sanders - Historian
Sanxay - Iron stove merchant
Trowbridge - Sheriff
Robinson Builder
Workman - Builder
Names Associates with Local Townships
Cedar
Liberty
Scott
Nolan
Gross
Parrott )
Sutliff
Harris
Ten Eyck
Hill
Clear Creek
Hirt
Union
Stover
Dennis
Rohrer
Fellows
Madison
Paul..
Washington
Babcock
Fremont
Fry
Monroe
Yoder
Sweet
DuPont
'
Graham
Pleasant Valle
Morse
LTark
Fountain
Hardin
Kelso
Morford
Packard
Myers
Skinner
Walker
Albrizio
Stuart Edie
Emil Ganzo
Phil Guston
Earl Harper
Horst Jansen
3
Names Associated with the Writers' Worksho
Ted Berrigan
John Berryman
John Cheever
Frank Conroy
John Gardner
Joseph Langland
Flannery O'Connor
Margaret Walker
Names Associated with the College of Art
Lester Longman
Virginia Myers
Ray Parker
Martha Ranney
Jane Wilson
Other Names Associated with the Universit
Nellie Slayton Aurner - English professor
May Brodbeck - Vice -President of Academic Affairs
Bertha Horach Shambaugh
Tennessee Williams
Kosa - Meat market
Reizenstein - Newspaper
Pinney - Hotel
Records -
Seydel - Grocery
Startsman -
Strub - Dept. store
Whetstone - Druggist
Wieneke - Stationery shop
Bowen - Doctor
Banbury -
Bastardes -
Newell - Portrait painter
Musser - Lumber
Marquardt - Boarding hse.
Moon - Doctor & druggist
Tanner - Wagon works
Crum - Newspaper
IA6/
i
Additional Names
Fred Kent - Photographer
Crummey - Hotel
Bowersox - Sorghum mill
Bloom - Mayor
Horack -
Rate - Glove factory
Townsend - Photographer
Englert - Ice, brewery
James - Photographer
Maresh - Metalsmith
Patterson - Lawyer
McInnery - Tavern
Welch - China shop
Otto -
C1ose - Glove factory
Holubar - Metalsmith
Dey - Railroad
Graf - Bottling works
Emonds - Priest, St. Mary's
Hartsock - Dry goods
Burkley - Hotel
Hohenschuh-Funeral director
Carson -
Harbestroh - Park House
Downey - Banker
Hummer - Minister
Coldren - Doctor
Hotz - Contractor
Dostal - Brewery
Hughes -
Fink - Stationery shop
Hoxie -
Ham - Amusement hall
Kosa - Meat market
Reizenstein - Newspaper
Pinney - Hotel
Records -
Seydel - Grocery
Startsman -
Strub - Dept. store
Whetstone - Druggist
Wieneke - Stationery shop
Bowen - Doctor
Banbury -
Bastardes -
Newell - Portrait painter
Musser - Lumber
Marquardt - Boarding hse.
Moon - Doctor & druggist
Tanner - Wagon works
Crum - Newspaper
IA6/
i
I ...- - - -.r-_
City of Iowa City
MEMORANDUM
Date: October 3, 1985
To: Mayor McDonald and City Council
From: Margaret Nowysz, Chair, Historic Preservation Commission MN
Re: Street Naming Policy
You may recall that in a memorandum to you dated May 23, 1985, the Historic
Preservation Commission supported the idea of establishing a list of street
names from which..developers could voluntarily select names of roadways within
new subdivisions. It was anticipaia his list could not only supply a
source of street names but could serve as a guide to enhance the range of
names possible. As a result, the Commission recommended that selection of
street names from that list not be mandated:
At its September 12, 1985, meeting, the Historic Preservation Commission
affirmed its position regarding the use of the list, emphasizing that the
intent of generating the list was to supply a source of street names which
acknowledged our heritage and which recognized individuals who contributed to
the development of Iowa City. The list was not intended to preclude develop-
ers' choices for street names.
If you have any questions, please do not hesitate to contact me. .
bj3/15
/IF47
RESOLUTION NO. 85-298
RESOLUTION AUTHORIZING EXTENSION OF INITIATION OF CONSTRUCTION ON
URBAN RENEWAL PARCEL 65-2b.
WHEREAS, on March 12, 1985, the City Council adopted Resolution No. 85-64
giving notice of its intention to accept an urban renewal development
proposal from Small -Mears Building Company - Iowa City, a partnership owned
by Philip Mears and Arthur Small, Jr., and,
WHEREAS, the City of Iowa City subsequently entered into a Contract for Sale
of Parcel 65-2b for Private Redevelopment and received payment as specified
in the contract, and
WHEREAS, the developer has requested in writing that the date of initiation
of construction be extended from October 1, 1985, to November 1, 1985, due to
unforeseen delays.
NOW, THEREFORE, BE IT RESOLVED that City Council hereby agrees to grant the
extension as requested.
It was moved by Zuber and seconded by Erdahl
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 8th day of October
, 1985.
ATTEST:�jjQ�-xp
CITE CLERK ��
RFeeived 8, Approved
37Lc al :puinf
AV6 /4 0
A41
I�
City of Iowa City
MEMORANDUM
Date: October 2, 1985
To: Neal Berlin, City Manager ,)
From: Patt Cain, Associate Planner v�
Re: Commencement of Construction on Parcel 65-2b
As indicated in the attached letter, the Small -Mears Building Company is
requesting a one-month extension on the date for initiation of construc-
tion on Urban Renewal Parcel 65-2b. This would change the date from
October 1 to November 1, 1985: The parcel was conveyed and paid for on
schedule (August 1), and the reasons for the delay in construction are
mentioned in the letter.
This one-month delay in beginning construction would not appear harmful to
the interest of the City. (In fact, it would allow the continued use of
the entire mini -park area during the early fall. It is expected that a
portion of the mini -park adjacent to the Paul -Helen Building will be used
as a construction staging area during the renovation.)
tp3/2
I
PHILIP S. MEARS
RICHARD H. ZIMMERMANN
OlCM."
JULIA MEARS
MEARS, ZIMMERMANN & NEARS
ATTORNEYS AT LAW
PAUL HELEN BUILDING • SUITE 8
M EAST WASHINGTON
IOWA CITY, IOWA SPPAD
(319) 1514383
October 1, 1985
The Honorable John McDonald
City Council - City of Iowa City
Iowa City Civic Center
411 Washington St.
Iowa City, IA. 52240
RE: Paul -Helen Building project
JEAN C. LAWRENCE
ARTHUR A SMALL JR.
WENDY GEERTZ
Dear Mayor McDonald and Council members:
Due to unavoidable delays in working out the details
for the financing and leasing of the rehabilitated Paul -
Helen Building, I respectfully request that the Iowa City
City Council grant us an extension of time on the date for
the initiation of construction until November 1, 1985.
Sincerely, n
ARTHUR A. SMALL, JR.
Paul - Helen Building Partnership
1
i I
I i
JEAN C. LAWRENCE
ARTHUR A SMALL JR.
WENDY GEERTZ
Dear Mayor McDonald and Council members:
Due to unavoidable delays in working out the details
for the financing and leasing of the rehabilitated Paul -
Helen Building, I respectfully request that the Iowa City
City Council grant us an extension of time on the date for
the initiation of construction until November 1, 1985.
Sincerely, n
ARTHUR A. SMALL, JR.
Paul - Helen Building Partnership
I
I
I(I
i
L
I
I
!
I
i
j
1
RESOLUTION NO. 85-299
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AGREEMENT WITH HANDICARE, INC. FOR THE USE OF 1985 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR PURCHASE OF A PASSENGER VAN.
WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S.
Department of Housing and Urban Development (HUD) under Title I of the
Housing and Community Development Act of 1974, as amended (Public Law
93-383); and
WHEREAS, the City Council of Iowa City wishes to utilize such funds to assist
Handicare, Inc. in the purchase of a passenger van for the transportation of
users of the Handicare, Inc. program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor be authorized to sign and the City Clerk to attest an
agreement with Handicare, Inc., to purchase a passenger van. Said
agreement is attached to this resolution and is incorporated by this
reference herein.
It was moved by Zuber and seconded by Strait
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
-X- Dickson
Abstained— Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 8th day of October , 1985.
ATTEST:
Recetvad & Approvad
By T�h�n Legal Departmani
AGREEMENT BETWEEN THE CITY OF I014A CITY AND HANDICARE, INC.
FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE PURCHASE OF A PASSENGER VAN
This Agreement, entered into this 15th day of October 1985, by and
between the City of Iowa City, a municipa corporation, erein referred to as
the "City"), and Handicare, Inc., a public non-profit entity, (herein referred
to as "Handicare"); and
WHEREAS, the City is the recipient of 1985 Community Development Block Grant
(CDBG) funds granted by the U.S. Department of Housing and Urban Development
(HUD) under Title I of the Housing and Community Development Act of 1974, as
amended (Public Law 93-383); and
WHEREAS, the City wishes to utilize such funds to assist Handicare in the
purchase of a passenger van.
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF
THIS AGREEMENT:
PART 1
I. PURPOSE AND SCOPE OF SERVICES:
A. Handicare shall purchase a passenger van capable of being equipped
with a wheelchair lift for handicapped persons.
B. The City shall provide technical assistance regarding vehicle
specifications, bidding procedures and awarding of a contract for
purchase of the van. All procedures shall be carried out according to
HUD standards and shall be monitored by the City.
C. Upon delivery and acceptance by Handicare, said van shall be used for
the daily transportation of users to and from the Handicare program
site, for the transportation of clients to and from recreational and
educational field trips, and for the transportation of equipment and
supplies for the Handicare program.
II. TIME OF PERFORMANCE:
Handicare shall perform according to the following schedule:
Program Element Deadline
Bid opening October 23, 1985
Notification of Successful Bidder October 25, 1985
Delivery of Van December 15, 1985
Van in Operation December 16, 1985 -
December 15, 1990
This schedule is subject to change by mutual agreement of both parties,
in writing.
III. PROPOSED PROJECT BUDGET:
15 Passenger Van $13,350
/mg
I■
2
IV. COMPENSATION AND METHOD OF PAYMENT:
The City shall pay and Handicare agrees to accept in full the amount of
thirteen thousand, three hundred and fifty dollars ($13,350) or the
purchase price of said van, whichever amount is less, for performance
under this Agreement, as follows:
A. Partial payment, equal in amount to such deposit, shall be made upon
presentation to the City by Handicare of a receipt for a deposit paid
toward the purchase of a passenger van.
B. The balance of payment shall be made upon delivery and acceptance of
the passenger van by Handicare.
C. The total of the above payments shall not exceed $13,350.
V. TERMS AND CONDITIONS:
A. The City shall assume no responsibility or liability for the mainte-
nance and operation of the Handicare van.
B. Handicare shall, at its own expense, procure and maintain during the
period of this Agreement, comprehensive and collision insurance for
the Handicare van and, at a minimum, liability insurance for personal
injury or death of one person, as a result of one accident, or other
cause, in the amount of $100,000; liability insurance for personal
injury or death of more than one person, as a result of one accident,
or other cause, in the amount of $300,000; insurance for property
damage (other than that to the Handicare van) as a result of any one
accident, or other cause, in the amount of $50,OOD; and insurance for
loss or damage of property of passengers in the amount of $1,000.
Proof of insurance shall be shown to the City by furnishing a copy of
a duly authorized and executed policy issued by an insurance company
licensed to do business in the State of Iowa.
C. Handicare shall, at its own expense, license the passenger van in
accordance with the laws of the State of Iowa.
D. Handicare shall not sell, assign, or transfer legal or equitable
title to the van at any time prior to September 30, 1990, without
written concurrence of the City.
In the event that Handicare elects to sell or otherwise transfer
legal or equitable title to the van or discontinue the Handicare
program prior to December 15, 1990, Handicare shall either transfer
legal title to the Handicare van to the City or shall pay to the City
the average retail value of the Handicare van as listed in the then
current NADA Official Used Car Guide.
E. Except as provided herein, the terms of this Agreement shall be from
the date of execution through December 15, 1990.
F. This Agreement is subject to and incorporates all other terms and
conditions set forth in Part 2 of this Agreement.
/869
j
0
3
PART 2
I. PERFORMANCE AND REPORTING:
A. Handicare shall, in a manner satisfactory to the City, provide
transportation for users of Handicare as specified in Part 1, Purpose
and Scope of Services, Paragraph C, until Decemu,r 15, 1990.
B. Handicare shall direct all correspondence concerning this Agreement to
the Office of the Iowa City Community Development Block Grant Program '
Coordinator, 410 East Washington Street, Iowa City, Iowa 52240.
i
C. Handicare shall submit quarterly reports by the 20th day of February,
May, August, and November of each contract year. Such quarterly
reports shall include statistics pertaining to the number of trips an
the number of persons transported in the van, the number of handi-
capped persons transported, and the city of residence of persons , !
transported in the van. No reporting requirements shall extend beyond
September 30, 1990.
i
D. Not later than January 31, 1986, Handicare shall provide the City with
a certified statement of the expenditure of funds disbursed under this
Agreement. -
II. OTHER REPORTS, AUDITS AND INSPECTIONS: l
A. Handicare shall furnish the City or HUD with such statements, records,
data, and information as the City or HUD may reasonably request,
pertaining to this Agreement. ;
1
B. During the term of this Agreement, at any time during normal business
hours, Handicare shall make available to the City, HUD, and/or the
Comptroller General of the United States, or their duly authorized
representatives, all of Handicare's records in order to permit
examination of any audits, invoices, materials, personnel records,
conditions of employment, and other data relating to all matters
covered by this Agreement.
C. Handicare shall retain financial records, supporting documents,
statistical records, and all other records pertaining to expenditures
under this Agreement for a period of three (3) years from the termina-
tion of this Agreement.
III. CONTRACTING AND PROCUREMENT STANDARDS:
The requirements of Attachment 0 (Procurement Standards) of OMB Circular
A-110, and OMB Circular A-122 (Cost Principles for Non -Profit Organiza-
tions) shall apply to the use of funds disbursed under this Agreement. The
City has provided Handicare with copies of said OMB Circulars, and
Handicare hereby acknowledges receipt of said Circulars.
IV. NON-DISCRIMINATION:
No person shall be excluded from or denied the use of the Handicare van on
the basis of age, race, color, creed, religion, national origin, sex,
marital status, sexual orientation or disability. All perspective
lifo
I■
4
beneficiaries of the van must, however, be users of the Handicare program.
Reasonable fees may be charged for the use of the van, but charges which
may have the effect of precluding low -and moderate -income persons from
using the van shall not be permitted.
V. EQUAL EMPLOYMENT OPPORTUNITY:
Handicare certifies that it is an "Equal Opportunity Employer" and that it
shall comply with Chapter 18 (Human Rights) of the Iowa City Code of
Ordinances, Chapter 601A (State Civil Rights) of the owa Code, ana all
applicable regulations of HUD pertaining to equal oppor un�7y__aan affirma-
tive action in employment. Further, Handicare shall insure that all
contracts under this Agreement contain appropriate equal employment
opportunity statements.
VI. TERMINATION OF AGREEMENT FOR CAUSE:
If Handicare fails to fulfill its obligations under this Agreement in a
timely and proper manner, or if Handicare violates any of the terms,
agreements or stipulations of this Agreement, the City shall thereupon
have the right to terminate this Agreement by giving written notice to
Handicare of such termination, specifying the default, or defaults, and
stating that this Agreement shall be terminated 30 days after the giving
of such notice unless such default, or defaults, are remedied within such
grace period. In the event of such termination, Handicare shall repay the
City the full amount of $13,350, or, at the option of the City, transfer
legal title to the Handicare van to the City.
VII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS:
A. No member or delegate to the Congress of the United States, and no
Resident Commissioner shall be admitted to any share or part of this
Agreement or to any benefit to arise herefrom.
B. No member of the governing body of the City, no officer, employee,
official or agent of the City, or othor local public official who
exercises any functions or responsibilities in connection with the
review, approval or carrying out of the project to which this Agree-
ment pertains shall have any private interest, direct or indirect, in
this Agreement.
VIII. INTEREST OF HANDICARE:
Handicare covenants that it personally has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of services to be performed (ander
this Agreement. Handicare further covenants that in the performance of
this Agreement, no person having such an interest shall be employed by
Handicare.
IX. ASSIGNABILITY:
Handicare shall not assign or transfer any interest in this Agreement,
whether by assignment or novation, without the prior written approval of
the City.
/0?
■
5
X. HOLD HARMLESS PROVISION:
Handicare shall indemnify and hold harmless the City, its officers,
employees, and agents from all liability, loss, cost, damage, and expense
(including reasonable attorney's fees and court costs) resulting from or
incurred by reason of any action based upon the performance of this
Agreement.
XI. LIMITATION OF CITY LIABILITY:
Disclaimer of relationships: The City shall not be liable to Handicare,
or to any party, for completion of or failure to complete any activities
which are part of this Agreement. Nothing contained in this Agreement,
or any act or omission of the City, Handicare, or any employee or agent
of the parties, shall be deemed or construed by any of the parties, or by
any third persons, to create any relationship of third -party beneficiary,
principle and agent, limited or general partnership, or joint venture, or
of any association or relationship involving the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
15 day of October , 1985.
CITY OF IOWA CITY, IOWA
By: By:
ayor
ATTEST:
2'17-49� Saw.
Citi Clerk
ATTEST:
Retetved P Approved
By the Legal Depart"m
is
G
RESOLUTION NO. 85-300
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
MEMORA14DUM OF AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE
IOWA CITY COMMU14ITY SCHOOL DISTRICT REGARDING A PROPOSED JOINT SWIMMING
POOL/RECREATION FACILITY PROJECT.
WHEREAS, the governing bodies of the Iowa City Community School District and
the City of Iowa City, Iowa, have expressed a strong interest in jointly
constructing, owning and operating a swimming pool/recreation facility in the
City of Iowa City, and
WHEREAS, the parties intend to jointly exercise their governmental powers as
authorized by Chapter 28E, The Code of Iowa, in further pursuing this project,
and
WHEREAS, it is necessary to prepare an outline for a process to facilitate this
joint project, and
WHEREAS, the parties desire to facilitate this process through the establish-
ment of a joint planning committee, and
WHEREAS, it will be necessary to retain the services of an Architectural and
Engineering consultant to provide preliminary design information and cost
estimates in order to submit a complete proposal to the electorate for a
General Obligation Bond referendum.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Mayor is hereby authorized to sign and the City Clerk to attest a
memorandum of agreement between the City of Iowa City, Iowa, and the Iowa
City Community School District, a copy of said memorandum of agreement
being attached to and thereby made a part of this resolution.
2. The City Manager is hereby authorized to appoint four (4) representatives
of the City of Iowa City to serve with four representatives of the Iowa
City Community School District on the joint planning committee.
It was moved by Zuber and seconded by Baker
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
—X— Dickson
X Erdahl
McDonald
Strait
�— Zuber
Passed and approved this 8th dao of October , 1985.
IV al Appn�
ATTEST: LLKr, 0 1ic L=9a� nt
WIT
/gra
i
7 f
I
i
S
?
1
i
I
,■
i
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is made by and between the Iowa City Community
School District, hereinafter referred to as the School District, and the City
of Iowa City, Iowa, hereinafter referred to as the City.
Whereas, the governing bodies of the School District and the City have
expressed a strong interest in jointly constructing, owning and operating a
swimming pool facility in the City of Iowa City at Mercer Park and near South
East Junior High, this Memorandum is prepared to outline a process to
facilitate the joint venture. Therefore, it is agreed by the parties as
fol l ows:
1. The School District and the City intend to plan and construct a joint
venture swimming pool facility to be located in the City of Iowa City in
or adjacent to Mercer Park or South East Junior High School. The
planning for the project, construction and operation, and all of the
terms and conditions stated in this Memorandum will be subject to
approval by the respective governmental bodies and will also be subject
to all applicable laws and regulations.
2. The parties intend to jointly exercise their governmental powers as
authorized by Chapter 28E, The Code of Iowa, so that a joint venture
project can be accomplished to their mutual advantage. A joint planning
committee will be established by the parties with each governmental body
appointing four (4) persons to the committee. The joint planning
committee will develop a comprehensive plan for the construction,
ownership and operation of a joint use swimming pool and will be specif-
ically directed to accomplish the following objectives:
(a) Meet with administrative staff for the School District and the City
and compile the needs as identified by the School District and the
City;
(b) Secure the services required to develop a preliminary design of a
facility to meet the needs as identified;
(c) Review preliminary designs and obtain preliminary cost estimates
for the recommended facility;
(d) Investigate and recommend a suitable site for the facility;
(e) Consult with legal counsel for the governmental bodies and recommend
a plan for jointly financing and operating the swimming pool
facility;
(f) Investigate and report on other matters and concerns reasonably
related to the project; and
(g) Provide a report concerning all of the above matters for each of the
parties within ninety (90) days after all committee members have
been appointed.
3. The parties recognize and agree that the joint swimming pool facility may
be combined with a multi-purpose recreational facility to be constructed
and owned by the City. The development of this complex may be
0
t
i 2
coordinated with existing facilities at South East Junior High to
maximize effective utilization of combined facilities for both the
general public and the School District.
4. Subject to the approval by the governing bodies of the School District
III and the City, a total of $12,000.00 will be allocated to pay for profes-
sional services and expenses reasonably and necessarily required by the
planning committee for the purpose of preparing preliminary plans and
preliminary cost estimates for the project. The proportionate share that
each party contributes toward the above allocation will be reasonably
based upon each party's interests in the joint project.
5. Prior to the expenditure of funds by either party for acquisition of
equipment or land for the project, and prior to the public letting of any
contract for the construction of public improvements in connection with
said project, the City and the School District shall enter into further -
agreements regarding the construction, operation, maintenance, and II 1
management of the joint facility, and identifying the legal interest or 4
interests which each party shall have therein. t
This Memorandum of Agreement is signed by the undersigned on the dates as 1 i
Indicated below: i
IOWA CITY COMMUNITY SCHOOL DISTRICT
DATED: BY: �l f� 7�c • e.9,b(� d 1
1
CITY OF I WA CITY. 0OWA ��
DATED: October 8, 1985 BY v Ci/
o n coma ayor ' I
j.
ATTESTarianKrr, Gi y e2J
M:a
02-21-01-59
I
!
� I I
a
I
'Wed 6 App
D he Legal meal
City of Iowa City
MEMORANDUM
Date: October 4, 1985
To: City Council
From: City Manager/y ��_
Re: Joint Swimming Pool Facility
The agenda for your meeting of October 8, 1985, includes a resolution
authorizing an agreement between the City and the School District regarding
the joint swimming pool and recreation facility project. This resolution
provides not only that the City and the School District will jointly retain
an Architectural and Engineering consultant for the purpose of developing
preliminary design and cost estimates, but also that a joint planning
committee will be established.
Since it is desirable that this committee begin immediately to carry out its
function, the delay which would result if Council appointed its representa-
tive members through the normal process (appointments could not be made until
November 19, 1985) would prove detrimental to the timely completion of this
project. Therefore, the resolution authorizes the City Manager to make these
appointments.
If Council approves this resolution, it is my intention to appoint as City
representatives the Acting Director of Parks and Recreation, a representative
from the Parks and Recreation Commission, former Mayor Mary Neuhauser, and
either the Assistant City Manager or myself.
If Council agrees with these appointments and authorizes the same, I would
anticipate that the Committee, which will also consist of four members
appointed by the School District, will hold its first meeting within the next
7-10 days.
If you have any questions or concerns regarding this matter, please contact
me or raise them at your informal meeting on October 7, 1985.
cc: parks and Recreation Commission
Ms. Mary Neuhauser
Al Cassady
Dale Melling
bj4/20
9%0
;■
r2 __
RESOLUTION NO. 85-301
RESOLUTION AUTHORIZING EXECUTION OF AN A REBENT WITII
SHIVE-HATTERY AND ASSOCIATES FOR DESIGN SERVICES FOR
THE SANITARY LANDFILL LEACHATE LIFT STATION
WHEREAS, the City of Iowa City, Iowa, has negotiated a Aereement
with Shive-Hattery and Associates a copy of said
Agreement
being attac a to tis Reso ution an by tis reference made a part ereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said Agreement for Design Se
Station rvic s fnr thQ c
g lan iii , a i-Lift
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the Aereement with Shive-Ilattr, and a cnr' r
2. That the City Clerk shall furnish copies of said Agreement to
any citizen requesting same.
It was moved by Zuber and seconded by Baker that
the resolution as read be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 8th day of October 1985
i
MAYOR
ATTEST: 444 7Sn AA
CITY CLERK ffir.•.h�nl AL:, ,,, , ,,
AY The IR gal Dept rHnc:nl
/87/
I
AGREEMENT
THIS AGREEMENT made and entered into this 8th day of October 1985, by
and between the City of Iowa City, a munic pi aF—co-rporation, ere na ter referred
to as the City and Shive-Hattery Engineers of Iowa City, Iowa, hereinafter
referred to as the Engineer.
WHEREAS the City intends to construct the Iowa City Sanitary Landfill Pumping
and Force Main Facilities Project;
NOW, THEREFORE, in consideration of the mutual covenants and promises between
the parties hereto, it is hereby agreed that the City does contract with the
Engineer to provide engineering services as set forth herein according to the
terms of this Agreement. This agreement shall be subject to the following
terms, conditions, and stipulations, to -wit:
tt SECTION I - SCOPE OF SERVICES
t
1.1 General
1.1.1 The City of Iowa City desires to construct a lift station and force
main to pump leachate from the southeast corner of the Iowa City
I Sanitary Landfill to an existing sanitary manhole south of the
1 Johnson County home (a distance of approximately 8,000 feet). This
scope of services shall define the work to be performed by the
Engineer.
1.1.2 The Engineer agrees to perform the following professional services
for the project in accordance with generally accepted standards in
the industry.
1.1.3 The Engineer shall not commit any of the following employment
f practices and agrees to prohibit the following practices in any
subcontracts:
i
i A. To discharge from employment or refuse to hire any individual
because of their race, color, religion, sex, national origin,
disability, age, marital status, or sexual orientation.
B. To discriminate against any individual in terms, conditions, or
privileges of employment because of race, color, religion, sex,
national origin, disability, age, marital status or sexual
orientation.
1.2 Design Services
j 1.2.1 The Engineer shall, under this paragraph, prepare detailed plans
and specifications, form of contract, and notice to bidders for the
Iowa City Sanitary Landfill Pumping and Force Main Facilities
Project, hereinafter referred to as the Project. The basis of
design shall be in accordance with the City's report on Solution of
Leachate Problems at the Iowa City Sanitary Landfill, prepared by
Stanley Consultants.
SHIVE•HATTERY ENGINEERS 071
1.2.2 The design services to be completed include, but are not
necessarily limited to the following:
A. Preparation of Contract Documents
This includes the Notice of Public Hearing, Notice to Bidders,
Form of Proposal, General Conditions, Special Conditions, Bid
Schedule, Agreements, Miscellaneous Forms, Detailed
Specifications, and Drawings (such materials are herein
referred to as the "Contract Documents").
B. Cost Estimates
The opinion of the construction cost prepared by the Engineer
represents his best judgement as a design professional and is
supplied for the guidance of the City. Since the Engineer has
no control over the cost of labor and material, or over
competitive bidding or market conditions, the Engineer does not
guarantee the accuracy of such opinions as compared to contract
bids or actual cost to the City.
C. The Engineer will attend conferences and meetings with the City
from time to time to facilitate completion of project design.
Attendance of such meetings is included under design services.
1.2.3 The Contract Documents furnished by the Engineer shall utilize the
City's standard construction contract documents, where such
documents exist. In any case, all such documents shall be subject
to approval by the City.
1.2.4 The drawings prepared by the Engineer shall be in sufficient detail
to show the actual location of the proposed improvements on the
ground. The Engineer shall prepare and furnish to the City without
any additional compensation, copies of the survey notes required
to prepare construction easements and permanent easements.
Property plats and negotiations for land rights shall be accom-
plished by the City.
1.2.5 The Engineer will obtain Iowa Department of Water, Air and Waste
Management approval, and will prepare for the City's signature and
submit the necessary permits for construction.
1.3 Bidding and Contract Award Assistance
1.3.1 Engineer shall under this paragraph, provide the following services
to the City in obtaining and evaluating bids on the Project as
follows:
SHIVE•HATTERY ENGINEERS
I
A. Interpretation of Contract Documents and preparation of
Addendums during the bidding period.
B. Preparation of bid tabulations.
C. Analysis of bid results.
D. Consultation with the City as required on the award of
contracts.
E. Assist in preparation of formal Contract Documents for review
by the City's legal representative.
1.4 Engineering Services During Construction
1.4.1 Engineer shall under this paragraph, provide the following services
to the City in administering the provisions of the Contract
Documents as follows:
A. Interpretation of the drawings and specifications and approval
of all changes in the Contract Documents. Subject to final
approval by the City.
B. Make decisions regarding the Project as called for in the
Contract Documents.
C. Assistance in interpretation of the reports of inspections,
laboratories, test borings, and subsurface exploration related
to the Project during construction.
D. Review of shop drawings and manufacturer's data for general
conformance with the Contract Documents.
E. Final inspection of the construction and recommendation for
acceptance by the City.
F. Make at least five periodic visits to the site to observe as an
experienced and qualified design professional the progress and
quality of the executed work and to determine in general if the
work is proceeding in accordance with the Contract Documents;
he shall not be responsible for the means, methods, techniques,
sequences or procedures or construction selected by
contractor(s) or the safety precautions and programs incident
to the work of Contractor(s). His efforts shall be directed
toward providing assurance for City that the completed project
conforms to the Contract Documents. During such visits and on
the basis of his on-site observations he shall keep City
informed of the progress of the work, shall endeavor to guard
City against defects and deficiencies in the work of
Contractor(s) and shall recommend disapproval or rejection of
work failing to conform to the contract documents. Such site
visits are not intended to substitute for technical
observations by a resident inspector employed by the City.
SHIVE•HATTERY ENGINEERS 1971
!4
!1
-•f -
SECTION II - COMPENSATION FOR SERVICES
2.1 The City agrees to pay for all services performed in accordance with this
agreement on a basis of 2.14 x Direct Personnel Expense. Direct personnel
expenses of all personnel classifications and the direct personnel expense
rates are attached to this Agreement as Exhibit A.
2.2 Reimbursable expenses shall be computed and paid at cost, and include
expenditures made by the Engineer, his employees, or his consultants in the
interest of the Project for the following incidental expenses listed:
2.2.1 Expense of transportation and living when traveling in connection
with the project and for long distance calls and telegrams, and for
extraordinary work required by the City, pursuant to the direction
of the City Engineer.
2.2.2 Expense of reproduction, postage and handling of drawings and
specifications, excluding copies for bidders and suppliers.
2.2.3 Fees paid for securing approval of authorities having jurisdiction
over the Project and fees paid by the Engineer for special
engineers employed with the City's prior written approval for
services other than those defined in this contract.
2.3 The total fee for Design and Bidding Phase Services (Sections 1.2 and 1.3)
shall not exceed $11,400.00, including Reimbursable expenses.
2.4 The total fee for Construction Phase Services (Section 1.4) shall not
exceed $1,800.00, including Reimbursables expenses.
2.5 Engineering services which the City requires that are not included in this
Agreement will be performed by the Engineer on a cost plus fixed fee basis
in accordance with Paragraphs 2.1 and 2.2 above, subject to approval and
acceptance by both parties.
SECTION III - TIME OF PERFORMANCE
3.1 The Engineer agrees to perform all Design Phase engineering services within
90 days after approval of this contract. The Bidding and Construction
Phases services will be provided in accordance with the schedule prepared
by the City and the Engineer.
3.2 Unless otherwise delayed by factors beyond the Engineer's control, the
Engineer will perform required services to comply with a Project schedule
approved by the City. Revisions to the Project schedule may be made from
time to time, subject to the approval of both parties, to accommodate
delays which affect the Project schedule.
SHIVE•HATTERY ENGINEERS /97/
SECTION IV - GENERAL PROVISIONS
4.1 Pertaining to the Engineer's Services
4.1.1
Engineer agrees to perform all services in a thorough and
professional manner and to hold the City harmless from any liens
for materials and labor furnished by the Engineer in connection
with their work.
4.1.2
The Engineer agrees to maintain insurance for public liability,
property damage in the minimum amount of One Million Dollar limits,
and workmans compensation.
4.1.3
Whenever in the Contract Documents or in this Agreement the terms
'
"to coordinate", "as ordered", "as directed", "as required", "as
f
allowed", or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "proper", "satisfactory" or
adjectives of like effect or import are used to describe
requirements, direction, review or judgement of Engineer as to
y
work, it is intended that such requirement, direction, review or
i
judgement will be solely to evaluate the work as it relates to the
Contract Documents. The use of any such term of adjective never
indicates that Engineer shall have authority to undertake
responsibility contrary to the provisions of the Contract Documents
or this Agreement.
4.1.4
It is understood that failure of the City to receive the written
approval of the Engineer for all changes in the Contract Documents
initiated by the City could result in failure of the Project to
conform to the plans and specifications prepared by the Engineer
and the City shall assume all responsibility for any negative
consequence of these changes.
4.1.5
The Engineer will not be responsible for the effects of
temperature, erosion, flooding, settlement, or other acts of God
nor for any other interference with contours and elevations by
actions of others beyond the control of the Engineer. All contour
and elevation data must be verified by the Contractor prior to
construction and the Contract Documents shall clearly spell out
this requirement in conspicuous language.
4.1.6
The Engineer has not been retained or compensated to provide design
and construction review services relating to the Contractor's
safety precautions or to means, methods, technique, sequences, or
procedures required for the contractor to perform his work. Also
omitted from Engineer's duties are any responsibility for shoring,
scaffolding, underpinning, temporary retainment of excavations and
any erection methods or temporary bracing methods.
SHIVE•HATTERY ENGINEERS
- ----- ,r
4.1.7
The Engineer shall render its services under this Agreement in
accordance with generally accepted professional practices for the
intended use of the Project.
4.1.8
The Engineer reserves the right to enter into agreements with other
design professionals for portions of the work included under this
Agreement. The Engineer shall receive approval of the City for
such subcontracts, but any such work is subject to the limitation
under Sections 2.3 and 2.4.
4.1.9
The Engineer will furnish such additional copies of the drawings,
specifications and Contract Documents as may be required by
prospective bidders, material suppliers, and other interested
parties, but may charge for the actual cost of such copies. Upon
award of each contract, the Engineer will furnish to the City five
sets of the drawings, specifications and contract documents for
4
execution. The cost of these sets shall be included in the basic
compensation paid to the Engineer.
4.2 Pertaining to the City
4.2.1
Should the City terminate the contract, Engineer shall be paid on
the basis of direct hourly fees and charges for professional
services as herein attached as Exhibit A, and by this reference
made a part hereof, for all work and services performed up to the
time of termination. However, such sums shall not exceed the "not
to exceed" amount listed in Section II. If the City and Consultant
g
are unable to agree on the percentage of completion, the matter
shall be resolved by the procedure of the American Arbitration
Association. The City may terminate this agreement immediately by
written notice to the other party.
4.2.2
This Agreement shall be binding upon the successors and the assigns
of the parties hereto; provided,however, that no assignment shall
be made without the written consent of all parties to said
Agreement.
4.2.3
Engineer agrees to indemnify and hold harmless the City of Iowa
City, its officers, employees, and agents against any liability or
claim of damages arising out of the negligent acts, errors, or
omissions of the Engineer, his employees or agents.
4.2.4
It is understood and agreed that the retention of the Engineer by
the City for the purpose of said project shall be exclusive but the
Engineer shall have the right to employ such assistance as may be
required for the performance of the project.. Engineer shall be
allowed compensation for such services and reimbursable expenses on
a basis of a 1.00 multiplier times the amount billed.
4.2.5
It is agreed by the City that all records and files pertaining to
information needed for said project shall be made available by said
City upon request of the Engineer. The City agrees to furnish all
reasonable assistance in the use of these records and files.
l
SHIVE•HATTERY ENGINEERS 1171 1
4.2.6 It is further agreed that no party to this Agreement shall perform
contrary to any State, Federal, or County law or any of the
Ordinances of the City of Iowa City, Iowa.
4.2.7 Robert J. DeWitt and/or David J. Elgin of the Engineer shall attend
such meetings of the City Council relative to the work set forth in
this contract as may be requested by the City. Any requirements
made by the City shall be given with reasonable notice to the
Engineer so that he/she may attend.
4.2.8 The Engineer agrees to furnish, upon termination of this Agreement
and upon demand by the City, copies of all basic notes and
sketches, charts, computations and any other data prepared or
obtained by the Engineer pursuant to this Agreement, without cost
and without restriction or limitation as to the use relative to
specific projects covered under this Agreement. The Engineer shall
not be liable for use of such documents on other projects.
4.2.9 The Engineer agrees to furnish all reports and/or drawings with the
seal of a Professional Engineer and Surveyor, or Architect affixed
thereto where such seal is required by law.
4.2.10 The City agrees to tender to the Engineer all fees and money in
accordance with the schedules attached as Exhibit A except that
failure by the Engineer to satisfactorily perform in accordance
with this Agreement shall constitute grounds for the City to
withhold payment in the amount sufficient to properly complete the
Project in accordance with this Agreement.
4.2.11 Should any section of this contract be found to be invalid, it is
agreed that all other sections shall remain in full force and
effect as though severable from the part invalid.
4.2.12 Original contract drawings shall become the property of the City.
The Engineer shall be allowed to keep mylar reproducible copies for
their filing use.
4.2.13 Direct Personnel Expense for the purposes of this contract shall be
defined as hourly wage plus retirement and fringe benefits, and the
amounts shown in Exhibit A include all such costs. Said Engineer
shall, upon demand, furnish receipts therefore or certified copies
thereof.
4.2.14 Records of the Engineer's Direct Personnel Expense, Reimbursable
Expenses pertaining to the Project, and records of accounts between
the City and the Engineer shall be kept on a generally recognized
accounting basis and shall be available to the City or its
authorized representative at mutually convenient times.
The Engineer shall furnish receipts of all reimbursable outside
expenses upon request by the City.
SHIVE•HATTERY ENGINEERS 1071
■
■
4.2.15 All fees shall be billed and due payable monthly. With each
billing the Engineer shall list the individual classification, the
hours worked and the hourly rate.
4.2.16 All provisions of this Agreement when not specifically defined
shall be reconciled in accordance with the highest ideals of the
Engineering and Architectural Profession.
4.2.17 It is further stated that there are no other considerations or
monies contingent upon or resulting from the execution of this
contract nor have any of the above been applied by any party to
this Agreement.
IN WITNESS WHEREOF, the parties have hereto executed, by their duly authorized
representatives, this agreement in duplicate on the respective dates indicated
below:
FOR THE CITY: MAYOR FOR THE ENGINEE/R: `
ATE: October 8, 1985 DATE: a /p,S
ATTEST: CITY CLERK
SHIVE•HATTERY ENGINEERS
RecolvW Q Approved
gYTh' Legal Depai n►
-- -- - a rr
/97/
{
y
i
r
i
1;
i
i
i.
i
EXHIBIT A
DIRECT PERSONNEL EXPENSE
Through December 31, 1985
Grade
8
Engineer
$29.91
Grade
7
Engineer
$27.10
Grade
6
Engineer
$23.83
Grade
5
Engineer
$21.03
Grade
4
Engineer
$18.22
Grade
3
Engineer
$15.89
Grade
2
Engineer
$14.49
Grade
1
Engineer
$13.08
Grade
F
Technician
$14.95
Grade
E
Technician
$14.02
Grade
D
Technician
$12.62
Grade
C
Technician
$10.28
Grade
B
Technician
$8.41
Grade
A
Technician
$5.61
Grade
4
Clerical
$10.28
Grade
3
Clerical
$8.88
Grade
2
Clerical
$7.48
Grade
1
Clerical
$5.61
3 -Man
Survey
Crew
$30.37
2 -Man
Survey
Crew
$22.90
SHIVE•HATTERY ENGINEERS
I
i
i
i
y
I
y
I
l
�
r
j
3
j
i
i
I
12
City of Iowa City
MEMORANDUM.-
DATE:
EMORANDUM=DATE: October 2, 1985
TO: City Council and City Manager
FROM: Frank Farmer, City Engineer
RE' SANITARY LANDFILL LEACHATE LIFT STATION
In May of 1985, Public Works recommended to the City Council that a lift
station and force main be constructed at the sanitary landfill to
transport leachate flows to the City's wastewater collection system
(memo attached). Council directed Public Works to proceed with this
work. Proposals for the design of the lift station have been received
from Stanley Engineering Inc. ($16,500) and Shive-Hattery and Associates
($13,200) for the design work. Public Works/Engineering recommends
entering into an agreement with Shive-Hattery and Associates for design
of this project.
. City of Iowa Cit
MEINORANCit
Date: May 9, 1985
To:. City Council and City Manager.
From: Chuck Schmadeke, Director of Public Works
Re: Landfill Leachate Problem
The proposed tile system for the sanitary landfill designed by Stanley Consult-
ants and scheduled to be installed this summer is designed to substantially
reduce the strength of the leachate being produced in the north 35 acres at the
landfill by diverting most of the groundwater which produces leachate. Total
elimination of leachate, however, is not possible because of the natural penetra-
tion of rainwater into the refuse, the difficulty of locating all groundwater
sources, and the fact that the remaining 40 landfilled acres are beginning to
discharge leachate.
Public Works estimates that under the most favorable condition, the amount of
leachate transported to the wastewater treatment plant will decrease over the
next eight years, as a result of installing the tile system, from the present
rate of 2,400,000 gallons per year to 300,000 gallons per year. Under the worst
condition, this area could continue to produce approximately 2,400,000 gallons of
leachate per year to be transported, although the strength of the leachate would
be greatly reduced, resulting in a substantial reduction in the cost'.of treat-
ment. Also, it is estimated that during the eight year period, leachate flows
may begin to increase from other areas which are landfilled. Although it is not
possible to estimate the volume which will occur, one area to be filled in the
future appears to be the wettest portion of the entire landfill.
There are three options available to transport leachate to the wastewater
treatment plant. First, hauling by utilizing a truck, tank, and trailer; second,
hauling by utilizing a tank mounted on a trunk; and third, pumping by utilizing a
lift station. The costs of these options using 1985 dollars, over an eight year
period, under various conditions are:
MOST FAVORABLE CONDITION
(Discharging into the
nearest available
manhole)
MOST FAVORABLE CONDITION WORST CONDITION
(Discharging at the Waste -
Water Treatment Plant)
Option &1 $75,300.00 $105,900.00 $198,150.00
Option 02 $122,650.00 $158,200.00 $233,100.00
Option A3 $108,000.00 $108,000.00 $114,000.00
After ten years, the hauling equipment will have to be replaced; whereas, the
lift station has a useful life of 20 years and the pipe would function for well
beyond 20 years. The yearly energy cost of operating the lift station is
estimated at $750.00 under the best condition and $1,500 under the worst condi-
tion. Under the most favorable condition the cost of Option Al would surpass the
cost of Option M3 after 12.5 years of operation.
/ ff 71
i
2
The lift station is more advantageous than hauling because it minimizes the use
of labor, can be used in cold weather, and provides a uniform flow rate which
minimizes adverse effects on the wastewater treatment plant.
Public Works recommends proceeding with the design and construction of a lift
station to provide a reliable means of controlling leachate contamination at the
sanitary landfill.
/sp
i
I
1
1
i
i
i
i
t
I
i
/P%/
{
RESOLUTION NO. 85-302
RESOLUTION ACCEPTING AND APPROVING WITHDRAWAL OF THE BID BY JOE JONES
CONSTRUCTION, LTD. FOR THE CONSTRUCTION OF THE SPRUCE STREET DRAINAGE
PROJECT AND APPROVING THE RELEASE OF THE CONTRACTOR'S BID BOND
SUBMITTED IN CONNECTION THEREWITH
WHEREAS, The City of Iowa City, Iowa did, pursuant to Resolution No. 85-264,
passed and approved on August 27, 1985, advertise for competitive bids for
the construction of the Spruce Street Drainage Project; and
WHEREAS, competitive bids for the construction of said project, accompanied
by the required bid bonds, were received from Joe Jones Construction Ltd.
and Murray's Excavating and Grading, among others, which companies were the
low bidder and second low bidder, respectively; and
WHEREAS, this City Council did, pursuant to Resolution No. 85-288, passed and
adopted on September 24, 1984, award the contract for the construction of
said project to Joe Jones Construction, Ltd., the lower bidder, and did
authorize execution of the construction contract upon receipt of contractor's
insurance certificate, performance bond and contract compliance program
statements; and
WHEREAS, prior to execution of the said contract by the City, Joe Jones
Construction, Ltd. did request that it be allowed to withdraw its bid and
obtain release of its bid bond in order that it might be able to pursue other
scheduled work, on the condition that the second low bidder, Murray's
Excavating and Grading, agree to amend its bid, execute the contract and
perform the work for the same total contract amount, $44,306, as bid by Joe
Jones Construction, Ltd.; and
WHEREAS, Murray's Excavating and Grading has submitted a letter to the City
amending its bid and indicating its willingness to execute the contract and
perform the work for the same total contract amount as was bid by Joe Jones
Construction, Ltd.; and
WHEREAS, this City Council has been advised and does believe that it would be
in the best interests of the City of Iowa City, Iowa, to accept and approve
the withdrawal of the bid of Joe Jones Construction, Ltd. and authorize
release of the bid bond submitted by Joe Jones Construction Ltd.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the withdrawal of the bid of Joe Jones Construction, Ltd. for
construction of the Spruce Street Drainage Project is hereby accepted and
approved and that the bid bond submitted in connection therewith be released,
contingent upon the execution of the contract for construction of the Spruce
Street Drainage Project by Murray's Excavating and Grading for the same total
contract amount, $44,306, as was bid by Joe Jones Construction, Ltd
/81.2-
i
Resolution No. 85-302
Page 2
It was moved by Strait and seconded by Dickson
the Resolution e adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 8th day of October 1985.
OR
ATTEST: %yla.;� .maw tiJ
CIT CLERK
WA,
I
I M2,
40
RESOLUTION NO. 85-303
RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH MURRAY'S EXCAVATING
AND GRADING FOR THE SPRUCE STREET DRAINAGE PROJECT IN THE AMOUNT OF
$44,306.00.
WHEREAS, The City of Iowa City, Iowa did, pursuant to Resolution No. 85-264,
passed and approved on August 27, 1985, advertise for competitive bids for
the construction of the Spruce Street Drainage Project; and
WHEREAS, competitive bids for the construction of said project, accompanied
by the required bid bonds, were received from Joe Jones Construction, Ltd.
and Murray's Excavating and Grading, among others, which companies were the
low bidder and second low bidder, respectively; and
i
WHEREAS, this City Council did, pursuant to Resolution No. 85-288, passed and
adopted on September 24, 1984, award the contract for the construction of
said project to Joe Jones Construction, Ltd., the lower bidder, and did
authorize execution of the construction contract upon receipt of contractor's
insurance certificate, performance bond and contract compliance program I
statements; and
WHEREAS, prior to execution of the said contract by the City, Joe Jones
Construction, Ltd. did request that it be allowed to withdraw its bid and
obtain release of its bid bond in order that it might be able to pursue other
scheduled work on the condition that the second low bidder, Murray's
Excavating and Grading, agree to amend its bid, execute the contract and
perform the work for the same total contract amount, $44,306, as bid by Joe
Jones Construction, Ltd.; and
WHEREAS, Murray's Excavating and Grading has submitted a letter to the City
amending its bid and indicating its willingness to execute the contract and
perform the work for the same total contract amount as was bid by Joe Jones
Construction, Ltd.; and
WHEREAS, pursuant to Resolution No. 85- 302 heretofore passed and
approved by this City Council, the Ci y as accepted and approved the
withdrawal of the bid of Joe Jones Construction, Ltd. for the construction of
said project, contingent upon the execution of said contract by Murray's
Excavating and Grading for the same total contract amount as that bid by Joe
Jones Construction, Ltd.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the contract for the construction of the above-named project is
hereby awarded to Murray's Excavating and Grading, subject to the
condition that awardee secure adequate performance bond, insurance
certificates and contract compliance program statements.
/873
n..
Resolution No. 85-303
Page 2
2. That the Mayor is hereby authorized to sign and the City Clerk to attest
the contract for the construction of the above-named project, subject to
the condition that awardee secure adequate performance bond, insurance
certificates and contract compliance program statements.
It was moved by Strait and seconded by Dickson
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
—� Baker j
X Dickson
X Erdahl
X McDonald
X Strait
X Zuber
Passed and approved this 8th day of October 1985.
ATTEST:Y LERK f A ui
I
bled & Y Appm
he Les p no