HomeMy WebLinkAbout1985-11-04 Resolutionr
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: November 4, 1985
Time of Meeting: 6:30 P.M.
Place of Meeting: Council Chambers, Civic Center, Iowa City,
Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
$3,795,000 Parking System Revenue Bonds.
- Resolution authorizing the issuance.
Such additional matters as are set forth on the addi-
tional _2 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor
pursuant to Chapter 21, Code of Iowa, and the local rules of
said governmental body.
CitClerk, 7e City, Iowa
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November 4 , 1985
The City Council of Iowa City, Iowa, met in _special
session, in the Council Chambers, Civic Center, 910 East
Washington Street, Iowa City, Iowa, at 6:30 o'clock �.M., on
the above date. There were present Mayor hnnald
in the chair, and the following named Council Members:
Ambrisco, Baker McDonald Strait Zuber.
Absent: Dickson, Erdahl
AIJM Cm .. Mu Ift I"A Smith { AIIMp Ywlert• 1)M ,,yMy iaw
1977
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Member Zuber introduced the following
Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR
THE ISSUANCE AND SECURING THE PAYMENT OF $3,795,000 PARKING
SYSTEM REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE
PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD
OF PAYMENT OF SAID BONDS", and moved its adoption. Member
Ambrisco seconded the motion to adopt. The roll
was called and the vote was:
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AYES: McDonald, Strait, Zuber, Ambrisco,
Baker.
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ABSENT: Dickson, Erdahl.
NAYS: None
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Whereupon the Mayor declared the following Resolution duly
adopted:
85-316
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE AND SECURING THE PAYMENT OF $3,795,000
PARKING SYSTEM REVENUE BONDS OF THE CITY OF
IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE
CITY CODE OF IOWA, AND PROVIDING FOR A METHOD
OF PAYMENT OF SAID BONDS
WHEREAS, the City Council of the City of Iowa City, Iowa,
sometimes hereinafter referred to as the "Issuer", has
heretofore established charges, rates and rentals for services
which are and will continue to be collected as system revenues
of the Municipal Parking Facilities System, sometimes
hereinafter referred to as the "System", and said revenues have
not been pledged and are available for the payment of Revenue
Bonds, subject to the following premises; and
WHEREAS, said Issuer is in need of funds to pay costs of '
adjusting and refunding its existing Parking System Revenue
Bonds dated December 1, 1978, of which $4,730,000 remains
outstanding, and it is deemed necessary that the said City
should include in its issue of Parking System Revenue Bonds'an
amount sufficient for said purpose; and
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WHEREAS, it is found and determined that the aforesaid
refunding of present indebtedness is necessary and in the
interest of the Issuer and will benefit the Owners and
occupants of properties served by the Municipal Parking
Facilities System by the adjustment of its present and
anticipated obligations payable from Parking System revenues
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and by obtaining and thereby to effect the defeasance of the
Parking System Revenue Bonds presently outstanding and to be
refunded so as to avoid the necessity of performing under the
provisions of Resolution No. 78-484 dated November 7, 1978,
authorizing the issuance of the outstanding bonds and the
substitution therefor of provisions deemed more advantageous
and appropriate; and
WHEREAS, the notice of intention of Issuer to take action
for the issuance of $3,795,000 Parking System Revenue Bonds has
heretofore been duly published and no objections to such
proposed action have been filed:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA:
Section 1. Definitions. The following terms shall have
the following meanings in this Resolution unless the text
expressly or by necessary implication requires otherwise:
(a) "Issuer" and "City" shall mean the City of Iowa
City, Iowa;
(b) "Governing Body" shall mean the City Council of
the City, or its successor in function with respect to the
operation and control of the System;
(c) "Clerk" shall mean the Clerk or such other
officer of the successor governing body as shall be charged
with substantially the same duties and responsibilities;
(d) "Treasurer" shall mean the City Treasurer or such
other officer as shall succeed to the same duties and
responsibilities with respect to the recording and payment
of the Bonds issued hereunder;
(e) "System" shall mean the parking revenue system of
the City including "off-street parking" as hereinafter
described and "on -street parking" including parking meters
located on and along the City's streets and all properties
acquired or to be acquired from revenues of the system or
made a part thereof by Council resolution. For purposes of
this resolution and unless amended by the City Council, the
system is presently made up and comprised of the following:
Two (2) municipal parking garages, seven (7) permanent
off-street parking lots, one (1) temporary off-street
library parking lot and on -street meters totaling
2,710 spaces in all.
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provided, however, that the City may from time to time by
resolution lend or lease to the parking system for
temporary use additional lands or lots which may be
available for temporary use as parking. Such temporary
land or lots may be withdrawn from the system by Council
resolution irrespective of the provisions of Section 17(f)
of this resolution which provisions limit and restrict the
manner of disposition of property comprising the system;
(f) "Net revenues" shall mean gross earnings
including rentals, lease payments, parking fees, overtime
parking fees, and parking charges of any kind of the system
after deduction of current expenses; "Current expenses"
shall mean and include (1) for all off-street parking
facilities the reasonable and necessary cost of operating,
maintaining, repairing and insuring such facilities,
salaries, wages, costs and materials and supplies; (2) for
all on -street parking meters, the repair and replacement of
parking meters, salaries and wages of meter maids, meter
repair and collection personnel;
(g) "Fiscal Year" shall mean the twelve months'
period beginning on July 1 of each year and ending on the
last day of June of the following year, or any other con-
secutive twelve month period adopted by the governing body
or by law as the official accounting period of the System;
(h) "Registrar" shall be the City Controller of
Iowa City, Iowa or such successor as may be approved by
Issuer as provided herein and who shall carry out the
duties prescribed herein with respect to maintaining a
registrar of the owners of the bonds. Unless otherwise
specified, the Registrar shall also act as Transfer Agent
for the bonds.
(i) "Paying Agent" shall be the City Controller or
such successor as may be approved by Issuer as provided
herein and who shall carry out the duties prescribed herein
as Issuers agent to provide for the payment of principal of
and interest on the bonds as the same shall become due.
(j) "Trustee" shall be Iowa State Bank 6 Trust Co. or
its successor as may be approved pursuant to the "Refunding
Trust Agreement" referred to herein between the Issuer and
the Trustee for the purpose of insuring the payment of the
Outstanding Bonds.
(k) "Bonds" shall mean $3,795,000 Parking System
Revenue Bonds, authorized to be issued by this Resolution;
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(1) "Parity Bonds" shall mean Parking System Revenue
Bonds payable solely from the net revenues of the System on
an equal basis with the Bonds herein authorized to be
issued;
(m) "Corporate Seal" shall mean the official seal of
Issuer adopted by the governing body;
(n) "Independent Auditor" shall mean an independent
firm of Certified Public Accountants or the Auditor of
State; and
(o) "Project Fund or Construction Account" shall mean
the fund required to be established by this Resolution for
the deposit of the proceeds of the Bonds.
Section 2*
Authorrity. The Bonds authorized by this
Resolution shall be issued pursuant to Division V, Chapter 384;
of the City Code of Iowa, and in compliance with all applicable
provisions of the Constitution and laws of the State of Iowa.
Section 3. Authorization and Purpose. There are hereby
authorized to be ssued, negotiable, serial, fully registered
Revenue Bonds of Iowa City, in the County of Johnson, State of
Iowa, Series 1985, each to be designated as "Parking System
Revenue Bond", in the aggregate amount of $3,795,000 for the
purpose of paying costs of the refunding of parking facilities
revenue bonds presently issued and outstanding in the amount of
$4,730,000, dated December 1, 1978, (the "Bonds to be
Refunded").
Section 4. Source of Payment. The Bonds herein authorized
and Parity Bonds and the interest The
shall be payable
solely and only out of the net earnings of the System and shall
be a first lien on the future net revenues of the System. The
Bonds shall not be general obligations of the Issuer nor shall
they be payable in any manner by taxation and the Issuer shall
be in no manner liable by reason of the failure of the said net
revenues to be sufficient for the payment of the Bonds.
Section 5. Bond Details. Parking System Revenue Bonds of
the City in the amount of $3,795,000 shall be issued pursuant
to the provisions of Section 384.83 of the City Code of Iowa
for the aforesaid purpose. The bonds shall be designated
"PARKING SYSTEM REVENUE BOND", be dated November 1, 1985, and
bear interest from the date thereof, until payment thereof, at
the principal office of the Paying Agent, said interest.payable
on July 1, 1986 and semiannually thereafter on the 1st day of
January and July in each year until maturity at the rates
hereinafter provided.
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The bonds shall be executed by the facsimile signature of
the Mayor and attested by the facsimile signature of'the City
Clerk, and printed or impressed with the seal of the City and
shall be fully registered as to both principal and interest as
provided in this resolution; principal, interest and premium,
if any shall be payable at the office of the Paying Agent by
mailing of a check to the registered owner of the bond. The
bonds shall be each in the denomination of $5,000 or multiples
thereof. Said bonds shall mature and bear interest as follows:
Interest Principal Maturity
Rate Amount July 1st
8.508 $ 60,000 1986
8.508 $ 100,000 1987
8.508 $ 105,000 1988
8.508 $ 110,000 1989
8.508 $ 120,000 1990
8.508 $ 140,000 1991
8.508 $ 150,000 1992
8.508 $ 165,000 1993
8.758 $ 180,000 1994
9.008 $ 195,000 1995
9.258 $ 220,000 1996
9.508 $ 235,000 1997
9.708 $ 260,000 1998
9.808 $ 290,000 1999
9.908 $ 320,000 2000
10.008 $ 350,000 2001
10.008 $ 380,000 2002
10.008 $ 415,000 2003
Section 6. Redemption. Bonds maturing after July 1, 1995,
may be called for redemption by the Issuer and paid before
maturity on said date or any interest payment date thereafter,
from any funds regardless of source, in whole or from time to
time in part, in inverse order of maturity and within an annual
maturity by lot by giving thirty days' notice of redemption by
registered mail, to the registered owner of the bond. The
terms of redemption shall be par, plus accrued interest to date
of call.
If selection by lot within a maturity is required, the
Registrar shall by random selection of the names of the
registered owners of the entire annual maturity select the
bonds to be redeemed until the total amount of bonds to be
called has been reached.
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Section 7.
(a) Registration. The ownership of bonds may be
transferred only by the making of an entry upon the books
kept for the registration and transfer of ownership of the
Bonds, and in no other way. The City Controller is hereby
appointed as Bond Registrar under the terms of this
Resolution. Registrar shall maintain the books of the
Issuer for the registration of ownership of the Bonds for
the payment of principal of and interest on the Bonds as
i provided in this Resolution. All bonds shall be negotiable
as provided in Article 8 of the Uniform Commercial Code and
Section 384.31 of the Code of Iowa, subject to the
provisions for registration and transfer contained in the
bonds and in this resolution.
(b) Transfer. The ownership of any Bond may be
transferred only upon the Registration Books kept for the
registration and transfer of Bonds and only upon surrender
thereof at the principal office of the Registrar together
with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be
satisfactory to the Registrar, along with the address and
social security number or federal employer identification
number of such transferee (or, if registration is to be
made in the name of multiple individuals, of all such
transferees). In the event that the address of the
registered owner of a Bond (other than a registered owner
which is the nominee of the broker or dealer in question)
is that of a broker or dealer, there must be disclosed on
the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any
such Bond, a new fully registered Bond, of any denomination
or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed
principal amount of such transferred fully registered Bond,
and bearing interest at the same rate and maturing on the
same date or dates shall be delivered by the Registrar.
(c) Re istration of Transferred Bonds. In all cases
of the transfer of the Bonds, the Reg strar shall register,
at the earliest practicable time, on the Registration
Books, the Bonds, in accordance with the provisions of this
Resolution.
(d) ownership. As to any Bond, the person in whose
name the ownership of the same shall be registered on the
Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes,
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and payment of or on account of the principal of any such
Bonds and the premium, if any, and interest thereon shall
be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments
shall be valid and effectual to satisfy and discharge the
liability upon such Bond, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed
shall not be reissued but shall be cancelled by the
Registrar. All Bonds which are cancelled by the Registrar
shall be destroyed and a certificate of the destruction
thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall
forward the cancelled Bonds to the Issuer.
(f) Non -Presentment of Bonds. In the event any
payment check representing payment of interest on the Bonds
is returned to the Paying Agent or is not presented for
payment of principal at the maturity or redemption date, if
funds sufficient to pay such interest on Bonds shall have
been made available to the Paying Agent for the benefit of
the owner thereof, all liability of the Issuer to the owner
thereof for such interest or payment of such Bonds shall
forthwith cease, terminate and be completely discharged,
and thereupon it shall be the duty of the Paying Agent to
hold such funds, without liability for interest thereon,
for the benefit of the owner of such Bonds who shall
thereafter be restricted exclusively to such funds for any
claim of whatever nature on his part under this Resolution
or on, or with respect to, such interest or Bonds. The
Paying Agent's obligation to hold such funds shall continue
for a period equal to two years and six months following
the date on which such interest or principal became due,
whether at maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying Agent,
shall surrender any remaining funds so held to the Issuer,
whereupon any claim under this Resolution by the Owners of
such interest or Bonds of whatever nature shall be made
upon the Issuer.
Section 8. Reissuance of Mutilatedf Destroyed Stolen
or Lost Bonds. In case any outstanding Bond shall become
mutilated or be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and deliver a new Bond of
like tenor and amount as the Bond so mutilated, destroyed,
stolen or lost, in exchange and substitution for such mutilated
Bond to Registrar, upon surrender of such mutilated Bond, or in
lieu of and substitution for the Bond destroyed, stolen or
lost, upon filing with the Registrar evidence satisfactory to
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the Registrar and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof, and upon
furnishing the Registrar and Issuer with satisfactory indemnity
and complying with such other reasonable regulations as the
Issuer or its agent may prescribe and paying such expenses as
the Issuer may incur in connection therewith.
Section 9. Record Date. Payments of principal and
interest, otherwise than upon full redemption, made in respect
of any Bond, shall be made to the registered holder thereof or
to their designated agent as the same appear on the books of
the Registrar on the 15th day of the month preceding the
payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Bonds to the
extent of the payments so made. Payment of principal shall
only be made upon surrender of the bond to the Paying Agent.
Section 10. Execution, Authentication and Delivery of the
Bonds. Upon the adoption of this resolution, the Mayor and
Clerk shall execute and deliver the Bonds to the Registrar, who
shall authenticate the Bonds and deliver the same to or upon
order of the Purchaser. No bond shall be valid or obligatory
for any purpose or shall be entitled to any right or benefit
hereunder unless the registrar shall duly endorse and execute
on such Bond a certificate of authentication substantially in
the form of the Certificate herein set forth. Such Certificate
upon any Bond executed on behalf of the Issuer shall be
conclusive evidence that the Bond so authenticated has been
duly issued under this resolution and that the holder thereof
is entitled to the benefits of this resolution.
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The text of the bonds to be located thereon at the item
numbers shown shall be as follows:
' Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"PARKING SYSTEM REVENUE BOND"
"SERIES 1985"
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Item 2, figure 1 = Rate:
Item 3, figure 1 = Maturity: i
Item 4, figure 1 = Bond Date: November 1, 1985
Item 5, figure 1 = Cusip Y
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Principal Amount: S
Item 9, figure 1 = The City of Iowa City, Iowa, a municipal
corporation organized and existing under and by virtue of the
Constitution and laws of the State of Iowa (the "Issuer"), for
value received, promises to pay from the source and as
hereinafter provided, on the maturity date indicated above, to
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Item 9A, figure 1 = (Registration panel to be completed by
Registrar or Printer with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal
sum of (principal amount written out) Thousand Dollars in
lawful money of the Un ted states of America, on the maturity
date shown above, only upon presentation and surrender hereof
at the principal office of the City Controller, Paying Agent
of this issue, or its successor, with interest on said sum from
the date hereof until paid at the rate per annum specified
above, payable on July 1, 1986, and semiannually thereafter on
the 1st day of January and July in each year.
Interest shall be paid to the registered holder of the bond
as shown on the records of ownership maintained by the
Registrar as of the 15th day of the month next preceding such
interest payment date. Interest shall be computed on the basis
of a 360 -day year of twelve 30 -day months.
This bond is issued pursuant to the provisions of Section
384.83 of the City Code of Iowa, for the purpose of paying
costs of the refunding of parking facilities revenue bonds
presently issued and outstanding, in conformity to a Resolution
of the Council of said City duly passed and approved.
Bonds maturing after July 1, 1995, may be called for
redemption by the Issuer and paid before maturity on said date j
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or any interest payment date thereafter, from any funds
regardless of source, in whole or from time to time in part, in
inverse order of maturity and within an annual maturity by lot
by giving thirty days' notice of redemption by registered mail,
to the registered owner of the bond. The terms of redemption
shall be par, plus accrued interest to date of call.
Ownership of this bond may be transferred only by.tr,ansfer
upon the books kept for such purpose by the City Controller,
the Registrar. Such transfer on the books shall occur only
upon presentation and surrender of this bond at the principal
office of the Registrar, together with an assignment duly
executed by the owner hereof or his duly authorized attorney in
the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent
but shall, however, give 60 days' notice to registered
bondholders of such change. All bonds shall be negotiable as
provided in Article 8 of the Uniform Commercial Code and
Section 384.31 of the Code of Iowa, subject to the provisions
for registration and transfer contained in the bond resolution.
This Bond and the series of which it forms a part, other
bonds ranking on a parity therewith, and any additional bonds
which may be hereafter issued and outstanding from time to time
on a parity with said Bonds, as provided in the Bond Resolution
of which notice is hereby given and is hereby made a part
hereof, are payable from and secured by a pledge of the net
revenues of the Municipal Parking Facilities System (the
"System"), as defined and provided in said Resolution. There
has heretofore been established and the City covenants and
agrees that it will maintain just and equitable rates or
charges for the use of and service rendered by said System in
each year for the payment of the proper and reasonable expenses
of operation and maintenance of said System and for the
establishment of a sufficient sinking fund to meet the
principal of and interest on this series of Bonds, and other
bonds ranking on a parity therewith, as the same become due.
This Bond is not payable in any manner by taxation and under no
circumstances shall the City be in any manner liable by reason
of the failure of said net earnings to be sufficient for the
payment hereof.
And it is hereby represented and certified that all acts,
conditions and things requisite, according to the laws and
Constitution of the State of Iowa, to exist, to be had, to be
done, or to be performed precedent to the lawful issue of this
bond, have been existent, had, done and performed as required
by law.
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IN TESTIMONY WHEREOF, said City by its City Council has
caused this bond to be signed by the facsimile signature of its
Mayor and attested
by the facsimile signature of its City
Clerk, with the
seal of said City printed hereon, and
authenticated by the manual signature of the Registrar, the
City Controller
of Iowa City, Iowa.
Item 11, figure
1 = Date of authentication:
Item 12, figure
1 = This is one of the bonds described in
the within mentioned resolution, as
registered by the City Controller.
City Controller
By
Registrar
Item 13, figure
1 = Registrar and Transfer Agent:
City Controller
Paying Agent: City Controller
Item 14, figure
1 = (Seal)
Item 15, figure
1 = [Signature Block]
City of Iowa City, Iowa
By: Mayor's facsimile signature
Mayor
Attest: City Clerk's facsimile signature
City Clerk
Item 16, figure
2 It is certified that the following is
a correct and complete copy of the opinion
of bond counsel issued as of the date of
delivery of the issue of which this bond is
a part.
(facsimile signature)
City Clerk
[Opinion of Bond Counsel]
Item 17, figure
2 = [Assignment Block]
[Information Required for
Registration]
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns
and transfers unto (Social Security or Tax
Identification No. ) the within Bond and does
hereby irrevocably constitute and appoint
attorney in fact to transfer the said Bond on the books kept
for registration of the within Bond, with full power of
substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond with the
name(s) as written upon the face of the certificate(s) or
bond(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee
should be made by a member or member organization of the
New York Stock Exchange, members of other Exchanges having
signatures on file with transfer agents or by a commercial
bank or trust company.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferees
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust
*If the bond is to be registered in the names of multiple
individual owners, the'names of all such owners and one address
and social security number must be provided.
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The following abbreviations, when used in the inscription
on the face of this bond, shall be construed as though written
out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UNIF GIFT MIN ACT -Gust) (Minor;** ...
(
under Uniform Gifts to Minors
Act....... .. ..........
(State)
Section 12. Right to Name Substitute Paying Agent or
Registrar. Issuer reserves the right to name a substitute,
successor Registrar or Paying Agent upon giving 60 days'
written notice to each registered bondholder.
Section 13. Equality of Lien. The timely payment of
principal of and interest on the Bonds and Parity Bonds shall
be secured equally and ratably by the revenues of the System
without priority by reason of number or time of sale or
delivery; and the revenues of the System are hereby
irrevocably pledged to the timely payment of both principal
and interest as the same become due.
Section 14. A221ication of Bond Proceeds. Iowa State Bank
& Trust Co. ("the Trustee" is ereby appointed Trustee and
fiscal agent for the City for the purpose of insuring payment
of the outstanding Bonds to be Refunded. $3,655,485 of the
proceeds derived from the sale of the bonds herein authorized
and cash from the existing Parking System Revenue Bond Sinking
Fund in the amount deemed necessary by the Treasurer shall be
placed in trust for the Trustee, as Trustee under the
Refunding Trust Agreement, dated as of November 1, 1985, which
Trustee shall (1) hold such proceeds in a special and
irrevocable trust fund, (2) invest such proceeds only in cash
or direct obligations of the United States, and (3) apply such
proceeds and earnings thereon only in accordance with the
terms and conditions of said Refunding Trust Agreement in such
manner that the amounts deposited will be sufficient, without
the need for any further investment or reinvestment, to retire
all of the outstanding Bonds to be refunded on or prior to
maturity and to pay interest thereon as it comes due. All the
terms and conditions of the Refunding Trust Agreement are
hereby incorporated by reference in this resolution as if set
forth herein in full. Said Refunding Trust Agreement is
hereby approved and confirmed as binding upon the City, and
the Mayor is hereby authorized to execute the same on behalf
of the City.
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All other moneys held in funds required to be accumulated
under the resolution authorizing the Bonds to be Refunded shall
be transferred to the parallel fund provided in Section 16 of
this Resolution.
Section 15. User Rates. There has heretofore been
established and published as required by law, just and
equitable rates or charges for the use of the service,rendered
by the System. So long as the Bonds are outstanding and unpaid
the rates or charges to consumers of services of the System
shall be sufficient in each year for the payment of the proper
and reasonable expenses of operation and maintenance of the
System and for the payment of principal and interest on the
Bonds and Parity Bonds as the same fall due, and to provide for
the creation of reserves as hereinafter provided.
In the event the Issuer or any department, agency or
instrumentality thereof in any way uses or is served by the
System, the rates or charges provided for shall be paid by the
Issuer from its Corporate Fund, or by such department, agency
or instrumentality thereof. Any revenues so collected by the
Issuer shall be used and accounted for in the same manner as
any other revenues derived from the operations of the System.
Section 16. Application of Revenues. From and after the
delivery of ahy Bonds, and as long as any of the Bonds or
Parity Bonds shall be outstanding and unpaid either as to
principal or as to interest, or until all of the Bonds and
Parity Bonds then outstanding shall have been discharged and
satisfied in the manner provided in this Resolution, the entire
income and revenues of the System shall be deposited as
collected in a fund to be known as the Parking System Revenue
Fund (the "Revenue Fund"), and shall be disbursed only as
follows:
(a) aeration and Maintenance Fund. Money in the
Revenue Fund shall first be disbursed to make deposits
into a separate and special fund to pay current
expenses. The fund shall be known as the Parking System
Revenue Operation and Maintenance Fund (the "Operation
and Maintenance Fund"). There shall be deposited in the
Operation and Maintenance Fund each month an amount
sufficient to meet the current expenses of the month
plus an amount equal to 1/12th of expenses payable on an
annual basis such as insurance. After the first day of
the month, further deposits may be made to this account
from the Revenue Fund to the extent necessary to pay
current expenses accrued and payable to the extent that
funds are not available in the Surplus Fund.
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(b) Sinking Fund. Money in the Revenue Fund shall
next be dis ursed to make deposits into a separate and
special fund to pay principal of and interest on the Bonds
and Parity Bonds. The fund shall be known as the Parking
System Revenue Bond and Interest Sinking Fund (the
"Sinking Fund"). The minimum amount to be deposited in
the Sinking Fund in any month shall be an amount equal to
1/6th of the installment of interest coming due on the
next interest payment date on the then outstanding Bonds
and Parity Bonds plus 1/12th of the installment of
principal coming due on such Bonds on the next succeeding
principal payment date until the full amount of such
installment is on hand. Money in the Sinking Fund shall
be used solely for the purpose of paying principal of and
interest on the Bonds and Parity Bonds as the same shall
become due and payable.
(c) Reserve Fund. Money in the Revenue Fund shall
next be disbursed to maintain a debt service reserve in an
amount equal to at least the lesser of 1) the maximum
amount of principal and interest coming due on the Bonds
and Parity Bonds in any succeeding fiscal year; or 2)
fifteen percent of the original principal amount of Bonds i
outstanding at any time. Such fund shall be known as the
Parking System Revenue Debt Service Reserve Fund (the '
"Reserve Fund"). In each month there shall be deposited in
the Reserve Fund an amount equal to 258 of the amount
required by this Resolution to be deposited in such month
in the Sinking Fund; provided, however, that when the
amount on deposit in the Reserve Fund shall be not less
than the minimum required above, no further deposits need
be made into the Reserve Fund except to maintain said fund
at such level. Money in the Reserve Fund shall be used
solely for the purpose of paying principal at maturity of
or interest on the Bonds and Parity Bonds for the payment
of which insufficient money shall be available in the
Sinking Fund. Whenever it shall become necessary to so use
money in the Reserve Fund, the payments required above
shall be continued or resumed until it shall have been
restored to the required minimum amount.
(d) Improvement Fund. Money in the Revenue Fund
shall next be disbursed to maintain a fund to be known as
the Parking System Improvement Fund (the "Improvement
Fund"). The minimum amount to be deposited in the
Improvement Fund each month shall be $5,000.00; provided,
however, that when the amount of said deposits in said
fund shall equal or exceed $300,000, no further monthly
deposits need be made into the Improvement Fund except to
maintain it at such level. Money in the Improvement Fund
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not otherwise specially limited by other provisions of this
resolution shall be used solely for the purpose of paying
principal of or interest on the Bonds or Parity Bonds when
there shall be insufficient money in the Sinking Fund and
the Reserve Fund; and to the extent not required for the
foregoing, to pay the cost of extraordinary maintenance
expenses or repairs, renewals and replacements not included
in the annual budget of revenues and current expenses,
payment of rentals on any part of the System or payments
due for any property purchased as a part of the System, and
for capital improvements to the System. Whenever it shall
become necessary to so use money in the Improvement Fund,
the payments required above shall be continued or resumed
until it shall have been restored to the required minimum
amount.
(e) Subordinate oblications. Money in the Revenue
Fund may next be used to pay principal of and interest on
(including reasonable reserves therefor) any other
obligations which by their terms shall be payable from the
revenues of the System, but subordinate to the Bonds and
Parity Bonds, and which have been issued for the purposes
of extensions and improvements to the System or to retire
the Bonds or Parity Bonds in advance of maturity, or to pay
for extraordinary repairs or replacements to the System.
(f) Surplus Revenue. All money thereafter remaining
in the Revenue Fund at the close of each month may be
deposited in any of the funds created by this Resolution,
to pay for extraordinary repairs or replacements to the
System, or may be used to pay or redeem the Bonds or parity
bonds any of them, or for any lawful purpose.
Money in the Surplus Account may next be used to pay
principal and interest on (including reasonable reserves
therefor) any other obligations which by their terms shall be
payable from the revenues of the System, but subordinate to the
Bonds and parity bonds, and which have been issued for the
purposes of extensions and improvements to the System.
Money in the Revenue Fund shall be allotted and paid into
the various funds and accounts hereinbefore referred to in the
order in which said funds are listed, on a cumulative basis on
the 10th day of each month, or on the next succeeding business
day when the 10th shall not be a business day; and if in any
month the money in the Revenue Fund shall be insufficient to
deposit or transfer the required amount in any of said funds or
accounts, the deficiency shall be made up in the following
month or months after payments into all funds and accounts
enjoying a prior claim to the revenues shall have been met in
full.
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Moneys on hand in the Project Fund and all of the funds
provided by this Section except the Operation and Maintenance
Fund may be invested only in direct obligations of the United
States Government or deposited in lawful depositories so long
as such deposits are insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation and all such deposits exceeding the maximum amount
insured from time to time by FDIC or FSLIC or its equivalent
successor in any one depository shall be continuously secured
by a valid pledge of direct obligations of the United States
Government having an equivalent market value. All such interim
investments shall mature before the date on which the moneys
are required for the purposes for which said fund was created
or otherwise as herein provided but in no event maturing in
more than five years in the case of the Reserve Fund. The
provisions of this Section shall not be construed to require
the Issuer to maintain separate bank accounts for the funds
created by this Section; except the Sinking Fund and the
Reserve Fund shall be maintained in a separate account but may
be invested in conjunction with other funds of the City but
designated as a trust fund on the books and records of the
City.
All
income derived
ts shall be deosi
in theRevenue Fundandfshallube regarded ch nas revenues ofptheted
System. Such investments shall at any time necessary be
liquidated and the proceeds thereof applied to the purpose for
which the respective fund was created.
Section 17. Covenants-Regardinc the Operation of the
System. The Issuer hereby covenants and agrees with each and
every holder of the Bonds and Parity Bonds:
(a) Operation of the Svstem. Issuer hereby covenants
and agrees with the holder or holders of the bonds herein
authorized to be issued, or any of them, that it will
faithfully and punctually perform all duties with reference
to said public motor vehicle parking facilities system
required by the Constitution and laws of the State of Iowa,
and this resolution, including the making and collecting of
reasonable and sufficient rates or services afforded
thereby, and will segregate the revenues and make
application thereof into the respective funds, as provided
by this resolution. Issuer further covenants and agrees
with the holders of said bonds to maintain in good
condition and continuously and efficiently operate said
facilities and meters comprising the System.
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Issuer further covenants and agrees that, except as
hereinafter otherwise provided, so long as any of the bonds
authorized to be issued under the terms of this Resolution
or bonds ranking on a parity therewith are outstanding it
will not sell, lease, loan, mortgage or in any manner
dispose of or encumber public motor vehicle parking
facilities comprising the System until all of said bonds
have been paid in full as to both principal and interest or
unless and until full and sufficient provision shall have
been made for the payment thereof. However, the right is
reserved to the City to dispose of any property
constituting a part of the System as provided in Section
17(f). Nothing contained in this Resolution shall be
construed to prevent the City from leasing to others or
contracting with others for the operation of any of the
facilities constituting a part of the System to the extent
permitted by law, provided the net revenues derived from
any such leases or contracts, in combination with all other
net revenues of the System, are found by the City Council
to be not less than those required to be paid unto the
Funds as herein provided. Nothing contained in this
Resolution shall be construed to prevent the City from
disposing by lease, sale or as may be permitted by law, of
the air rights (and reasonable access rights) above any of
the off-street parking facilities constituting a part of
the System or of other portions thereof not useful or
intended for the parking of vehicles, provided that the
revenues from any such lease shall be treated as a part of
the income and revenues of the System and shall be used and
applied as provided in this Resolution, but no such
contract or lease may result in a reduction of the
aggregate net revenues of the System below the amounts
necessary to be paid into the Funds as herein provided.
While the bonds authorized hereunder, or any of them,
remain outstanding and unpaid no free service shall be
afforded by said parking facilities, provided, that the
City Council may, by resolution, authorize the use of a
designated portion of the parking facilities without
charge, when: (1) the Council has first affirmatively
determined that such use will not cause the aggregate net
revenues then to be derived from the balance of the system
to be less than 1258 of the amounts required to be paid
into the Sinking Funds during the then next succeeding
fiscal year, and (2) if the facilities to be operated
without charge produced over 158 of the gross revenues of
the entire system in the then last preceding fiscal year,
the finding by the City Council must be predicated upon and
supported by a certificate executed by a nationally
recognized parking facilities consultant employed for the
i
i
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purpose of examining the books and records pertinent to the
system and of certifying to the amount of revenues which
will be derived from the balance of the system. Any of the
Off-street parking facilities may be withdrawn from use at
any time for the purpose of erecting multiple level parking
structures, garages or other parking facilities thereon
which are to be incorporated in and made a part of the
system of the City, but no such facilities may be so
withdrawn unless the City Council affirmatively finds that
the net revenues to be derived from the operation of the
remainder of the System, together with interest during the
construction of the additional structure, will be no less
than those required to be paid into the Funds herein
provided during the period of construction.
The City agrees that it will take no action in
relation to its parking System which would unfavorably
affect the security of the bonds herein authorized or bonds
ranking on a parity therewith or the prompt payment of the
principal thereof and interest thereon, but nothing in this
Resolution contained shall be construed to prohibit
appropriate changes in the location of on -street parking
meters made necessary by street widening, alterations or
closings, nor prohibit substitution or changes in the
location of on -street parking meters in order to provide
essential and necessary traffic regulation and control.
(b) Rates. That on or before the beginning of each
fiscal year the governing body will adopt or continue in
effect rates for all services rendered by the System
sufficient to produce net revenue for the next succeeding
fiscal year sufficient to meet the requirements of the
several funds as provided in this Resolution. For purposes
of the last clause of the next preceding sentence "net
revenues" shall be those for the next succeeding fiscal
year as determined from the budget for such year as
required herein, and for purposes of such determination the
budgeted total revenues may be increased by the amount, if
any, by which deposits into the Sinking Fund during the
current fiscal year shall have exceeded the requirement of
this Resolution.
(c) Insurance. That the Issuer shall maintain
insurance for the benefit of the bondholders on the
insurable portions of the System of a kind and in an amount
which normally would be carried by private companies
engaged in a similar kind of business. The proceeds of any
insurance, except public liability insurance, shall be used
to repair or replace the part or parts of the System
damaged or destroyed, or if not so used shall be placed in
the Parking System Improvement Fund.
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(d) Accounting and Audits. That the Issuer will
cause to be kept proper books and accounts adapted to the
System and in accordance with generally accepted accounting
practices, and will cause the books and accounts to be
audited annually not later than 90 days after the end of
each fiscal year by an independent auditor and will file
copies of the audit report with the Original Purchaser and
will make generally available to the holders of any of the
Bonds and Parity Bonds, the balance sheet and the operating
statement of the System as certified by such auditor. The
Original Purchaser and holders of any of the Bonds and
Parity Bonds shall have at all reasonable times the right
to inspect the System and the records, accounts and data of
the Issuer relating thereto. It is further agreed that if
the Issuer shall fail to provide the audits and reports
required by this subsection, the Original Purchaser or the
holder or holders of 258 of the outstanding Bonds and
Parity Bonds may cause such audits and reports to be
prepared at the expense of the Issuer. The audit reports
required by this Section shall include, but not be limited
to, the following information:
(i) An evaluation of the manner in which the
Issuer has complied with the covenants of this
Resolution, including particularly the rate covenants
included herein;
(ii) A statement of net revenues and current
expenses;
(iii) Analyses of each fund and account created
hereunder, including deposits, withdrawals and
beginning and ending balances;
(iv) A balance sheet;
(v) The rates in effect at the end of the fiscal
year, and the number of customers of the System;
(vi) A schedule of insurance policies and
fidelity bonds in force at the end of the fiscal year,
showing with respect to each policy and bond the
nature of the risks covered, the limits of liability,
the name of the insurer, and the expiration date;
(vii) An evaluation of the Issuer's system of
internal financial controls and the sufficiency of
fidelity bond and insurance coverage in force;
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(viii) The names and titles of the principal
Officers of the Issuer; and
(ix) A general statement covering any events or
circumstances which might affect the financial status
of the System.
i
In the event the audit provided for in this
Section is prepared by the State Auditor the governing
body will cause to be prepared a certified
supplemental report containing the information
required by this Section.
punct(e) State Laws. That the Issuer will faithfully and
y perform all duties with reference to the System
required by the Constitution and laws of the State of Iowa,
including the making and collecting of reasonable and
sufficient rates for services rendered by the System as
above provided, and will segregate the revenues of the
System and apply said revenues to the funds specified in
this Resolution.
(f) Property. That the Issuer will not sell, lease,
mortgage or in any manner dispose of the System, or any
capital part thereof, -including any and all extensions and
additions that may be made thereto, until satisfaction and
discharge of all of the Bonds and Parity Bonds shall have
been provided for in the manner provided in this
Resolution. Provided, however, this covenant shall not be
construed to prevent the disposal by the Issuer of property
which in the judgment of its governing body has become
inexpedient or unprofitable to use in connection with the
System, or if it is to the advantage of the System that
other property of equal or higher value be substituted
therefor, and provided further that the proceeds of the
disposition of such property shall be placed in a Revolving
Fund to be used in preference to other sources for capital
improvements to the System as provided with respect to the
Improvement Fund, except that no such proceeds shall be
used to pay principal or interest on the Bonds and Parity
Bonds or payments into the Sinking or Reserve Funds. Any
such payments made into the Improvement Fund shall be in
addition to the regular monthly payments and the Fund
balance provided for in Section 16(d) of this Resolution.
(g) Fidelity Bond. That the Issuer shall maintain
fidelity bond coverage in amounts which normally would be
carried by private companies engaged in a similar kind of
business on each officer or employee having custody of
funds of the System.
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(h) Additional Charges. That the Issuer will require
proper connecting charges and/or other security for the
payment of service charges.
(i) Budget. That the governing body of the Issuer
will adopt a system budget of revenues and current expenses
on or before the end of each fiscal year for the ensuing
fiscal year, and will file copies of such budgets, and any
amendments thereto, with the Original Purchaser and any
bondholder requesting the same. Such budget shall take
into account revenues and current expenses during the
current and last preceding fiscal years. The Issuer will
incur no current expense not included in such budget, and
will not permit total current expenses to exceed the
budget, unless the governing body shall first have adopted
a Resolution declaring the necessity of such expenses.
Copies of such budget and approvals of expenditures in
excess of the budget shall be mailed to the Original
Purchaser and to the bondholders upon request.
(j) Consultant Review. The City hereby covenants and
agrees as long as any bonds hereby authorized are
outstanding to regularly retain from time to time and at
least once every four (4) years, the service of some
engineer or firm of engineers of specialized reputation in
the management and operation of motor vehicle parking
facilities sometimes referred to in this resolution as the
"Consulting Engineer", for the purpose of consultation and
cooperation in connection with the operation and
maintenance of its parking System facilities system and the
establishment as well as any revision of the schedule of
charges for the service and facilities to be thereby
afforded. Such report shall be promptly forwarded to the
original purchaser of the bonds.
Section 18. Remedies of Bondholders. Except as her
expressly limited the holder or holders of the Bonds and Parity
Bonds shall have and possess all the rights of action and
remedies afforded by the common law, the Constitution and
statutes of the State of Iowa, and of the United States of
America, for the enforcement of payment of their Bonds, and of
the pledge of the revenues made hereunder, and of all covenants
of the Issuer hereunder.
Section 19. Prior Lien and Parity Bonds. The Issuer will
issue no other Bonds or obligations of any kind or nature
payable from or enjoying a lien or claim on the property or
revenues of the System having priority over the Bonds or Parity
Bonds.
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.
Additional Bonds may be issued on a parity and equality of
rank with the Bonds with respect to the lien and claim of such
additional Bonds to the revenues of the System and the money on
deposit in the funds adopted by this Resolution, for the
following purposes and under the following conditions, but not
otherwise:
(a) For the purpose of refunding any of the Bonds or
Parity Bonds which shall have matured or which shall mature
not later than three months after the date of delivery of
such refunding Bonds and for the payment of which there
shall be insufficient money in the Sinking Fund and the
Reserve Fund;
(b) For the purpose of refunding any Bonds or Parity
Bonds outstanding, or making extensions, additions,
improvements or replacements to the System, if all of the
following conditions shall have been met:
(i) before any such Bonds ranking on a parity
are issued, there will have been procured and filed
with the Clerk, a statement of an independent
certified public accountant, not a regular employee of
the Issuer, reciting the opinion based upon necessary
investigations that the net revenues of the System for
the preceding fiscal year (with adjustments as
hereinafter provided) were equal to at least 1.25
times the maximum amount that will be required in any
fiscal year prior to the longest maturity of any of
the then outstanding Bonds for both principal of and
interest on all Bonds then outstanding which are
payable from the net earnings of the System and the
Bonds then proposed to be issued.
For the purpose of determining the net revenues
of the System for the preceding fiscal year as
aforesaid, the amount of the gross revenues for such
year may be adjusted by an independent Consulting
Engineer or by a Certified Public Accountant not a
regular employee of the Issuer, so as to reflect any
changes in the amount of such revenues which would
have resulted had any revision of the schedule of
rates or charges imposed at or prior to the time of
the issuance of any such additional Bonds been in
effect during all of such preceding fiscal year.
(ii) the additional Bonds must be payable as to
principal and as to interest on the same month and day
as the Bonds herein authorized.
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(iii) for the purposes of this Section, prin-
cipal and interest falling due on the first day of a
fiscal year shall be deemed a requirement of the imme-
diately preceding fiscal year.
Section 20. Disposition of Bond Proceeds; Arbitrage
Not Permitted. The Issuer reasonably expects and covenants
that no use will be made of the proceeds from the issuance and
sale of the Bonds issued hereunder which will cause any of the
Bonds to be classified as arbitrage Bonds within the'meaning of
Section 103(c)(2) of the Internal Revenue Code of the United
States, and that throughout the term of said Bonds it will
comply with the requirements of said statute and regulations
issued thereunder.
To the best knowledge and belief of the Issuer, there are
no facts or circumstances that would materially change the
foregoing statements or the conclusion that it is not expected
that the proceeds of the Bonds will be used in a manner that
would cause the Bonds to be arbitrage Bonds. The Treasurer is
hereby directed to deliver a certificate at issuance of the
Bonds to certify as to the reasonable expectation of the Issuer
at that date.
Any funds received from the Trustee for use of the City
Comptroller, as Paying Agent, to pay principal and interest on
the bonds to be refunded shall be held in cash or non-interest
bearing demand deposits separate from all other City moneys or
accounts.
The Issuer covenants that it will treat as restricted yield
investments the funds following:
(a) Any amounts in the Sinking Fund in excess of
13/12ths of the total of annual principal and interest
requirements.
(b) Any amount on hand in the Reserve Fund in excess
of fifteen percent of the original principal amount of the
outstanding bonds and parity bonds.
(c) Any amount on hand in the Improvement Fund to the
extent that it has been held for a period greater than
three years.
"Restricted yield investments" are funds or investments
which the Issuer covenants not to invest at a yield materially
higher than the yield on the bonds as defined in the .
regulations issued under authority of Section 103(c) of the
Internal Revenue Code of the United States. If any investments
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are held with respect to the bonds and parity bonds, the Issuer
shall treat the same for the purpose of restricted yield as
held in proportion to the original principal amounts of each
issue.
The Issuer covenants that it will exceed any investment
yield restriction provided in this resolution only in the event
that it shall first obtain an opinion of recognized bond
counsel that the proposed investment action will not cause the
bonds to be classed as arbitrage bonds under Section 103(c) of
the Internal Revenue Code or regulations issued thereunder.
The Issuer covenants that it will proceed with due
diligence to spend the proceeds of the bonds for the purpose
set forth in this resolution. The Issuer further covenants
that it will make no change in the use of the proceeds
available for the construction of facilities or change in the
use of any portion of the facilities constructed therefrom by
persons other than the Issuer or the general public unless it
has obtained an opinion of bond counsel or a revenue ruling
that the proposed project or use will not be of such character
as to cause interest on any of the Bonds not to be exempt from
federal income taxes in the hands of holders other than
substantial users of the project, under the provisions of
Section 103(b) of the Internal Revenue Code of the United
States, related statutes and regulations.
Section 21. Discharce and Satisfaction of Bonds. The
covenants, liens and pledges entered into, created or imposed
pursuant to this Resolution may be fully discharged and
satisfied with respect to the Bonds and Parity Bonds, or any of
them, in any one or more of the following ways:
(a) By paying the Bonds or Parity Bonds when the same
shall become due and payable; and
(b) By depositing in trust with the Treasurer, or
with a corporate trustee designated by the governing body
for the payment of said obligations and irrevocably
appropriated exclusively to that purpose an amount in cash
or direct obligations of the United States the maturities
and income of which shall be sufficient to retire at
maturity, or by redemption prior to maturity on a
designated date upon which said obligations may be
redeemed, all of such obligations outstanding at the time,
together with the interest thereon to maturity or to the
designated redemption date, premiums thereon, if any that
may be payable on the redemption of the same; provided that
proper notice of redemption of all such obligations to be
redeemed shall have been previously published or provisions
shall have been made for such publication.
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Upon such payment or deposit of money or securities, or
both, in the amount and manner provided by this Section, all
liability of the Issuer with respect to the Bonds or Parity
Bonds shall cease, determine and be completely discharged, and
the holders thereof shall be entitled only to payment out of
the money or securities so deposited.
Section 22. Resolutiona Contract. The provisions of this
Resolution shall constitute a contract between the Issuer and
the holder or holders of the Bonds and Parity Bonds, and after
the issuance of any of the Bonds no change, variation or
alteration of any kind in the provisions of this Resolution
shall be made in any manner, except as provided in the next
succeeding Section, until such time as all of the Bonds and
Parity Bonds, and interest due thereon, shall have been
satisfied and discharged as provided in this Resolution.
Section 23. Modification of Resolution. This Resolution
may be amended from time to time if such amendment shall have
been consented to by holders of not less than two-thirds in
principal amount of the Bonds and Parity Bonds at any time
outstanding (not including in any case any Bonds which may then
be held or owned by or for the account of the Issuer, but
including such Refunding Bonds as may have been issued for the
purpose of refunding any of such Bonds if such Refunding Bonds
shall not then be owned by the Issuer); but this Resolution may
not be so amended in such manner as to;
(a) Make any change in the maturity or interest rate
of the Bonds, or modify the terms of payment of principal
of or interest on the Bonds or any of them or impose any
conditions with respect to such payment;
(b) Materially affect the rights of the holders of
less than all of the Bonds and Parity Bonds then
outstanding; and
(c) Reduce the percentage of the principal amount of
Bonds, the consent of the holders of which is required to
effect a further amendment.
Whenever the Issuer shall propose to amend this Resolution
under the provisions of this Section, it shall cause notice of
the proposed amendment to be filed with the original Purchaser
and to be published one time in a newspaper having general
circulation in the State of Iowa, or a financial newspaper or
journal published in New York, New York. Such notice shall
briefly set forth the nature of the proposed amendment and
shall state that a copy of the proposed amendatory Resolution
is on file in the office of the Clerk.
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Whenever at any time within one year from the date of the
publication of said notice there shall be filed with the
Clerkan instrument or instruments executed by the holders of at
least two-thirds in aggregate principal amount of the Bonds
then outstanding as in this Section defined, which instrument
or instruments shall refer to the proposed amendatory
Resolution described in said notice and shall specifically
consent to and approve the adoption thereof, thereupon, but not
otherwise, the governing body of the Issuer may adopt such
amendatory Resolution and such Resolution shall become
effective and binding upon the holders of all of the Bonds and
Parity Bonds.
Any consent given by the holder of a Bond pursuant to the
provisions of this Section shall be irrevocable for a period of
six months from the date of the instrument evidencing such
consent and shall be conclusive and binding upon all future
holders of the same Bond during such period. Such consent may
be revoked at any time after six months from the date of such
instrument by the holder who gave such consent or by a
successor in title by filing notice of such revocation with the
Clerk.
The fact and date of the execution of any instrument under
the provisions of this Section may be proved by the certificate
of any officer in any jurisdiction who by the laws thereof is
authorized to take acknowledgments of deeds within such
jurisdiction that the person signing such instrument
acknowledged before him the execution thereof, or may be proved
by an affidavit of a witness to such execution sworn to before
such officer.
The amount and numbers of the Bonds held by any person
executing such instrument and the date of his holding the same
may be proved by an affidavit by such person or by a
certificate executed by an officer of a bank or trust company
showing that on the date therein mentioned such person had on
deposit with such bank or trust company the Bonds described in
such certificate.
Section 24. Severability. If any section, paragraph, or
provision of this Resolution shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforce-
ability of such section, paragraph or provision shall not
affect any of the remaining provisions.
Section 25.
nttec uve uace. All ozner orainanees,
orders, or parts thereof, in conflict with the
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provisions of this Resolution are, to the extent of such
conflict, hereby repealed; and this Resolution shall be in
effect from and after its adoption.
I
Adopted and approved this 4th day of November ,
1985.
I
Alw
ayor
ATTEST:
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4-85
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON
I, the undersigned City Clerk of Iowa City, Iowa, do hereby
certify that attached is a true and complete copy of the
portion of the corporate records of said Municipality showing
proceedings of the Council, and the same is a true and complete
copy of the action taken by said Council with respect to said
matter at the meeting held on the date indicated in the
attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting
and all action thereat was duly and publicly held in accordance
with a notice of meeting and tentative agenda, a copy of which
was timely served on each member of the Council and posted on a
bulletin board or other prominent place easily accessible to
the public and clearly designated for that purpose at the
principal office of the Council (a copy of the face sheet of
said agenda being attached hereto) pursuant to the local rules
of the Council and the provisions of Chapter 21, Code of Iowa,
upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as
required by said law and with members of the public present in
attendance; I further certify that the individuals named
therein were on the date thereof duly and lawfully possessed of
their respective city offices as indicated therein, that no
council vacancy existed except as may be stated in said
proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization,
existence or boundaries of the City or the right of the
individuals named therein as officers to their respective
positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 4th day of November , 1985.
City Clerk, Iowa City, Iowa
SEAL
/gni
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: November 4, 1985
Time of Meeting: 6:30 P.M.
Place of Meeting: Council Chambers, Civic Center, 410 East
Washington Street, Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIGEN that the above mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
$4,700,000 General Obligation Essential
Corporate Purpose Bonds.
- Resolution authorizing the issuance.
Such additional matters as are set forth on the addi-
tional 2 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor
pursuant to Chapter 21, Code of Iowa, and the local rules of
said governmental body.
%%1a�i,N..i �. 9Cnww
City` Clerk, Iowa City, Iowa
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The City Council of Iowa City, Iowa, met in special
session, in the Council Chambers, Civic Center, 410 East
Washington Street, Iowa City, Iowa, at 6:30 o'clock- P.M., on
.the above date. There were present Mayor McDonald ,
.in the chair, and the following named Council Members:
Ambrisco, Baker, McDonald, Strait, Zuber.
Absent: Dickson, Erdahl.
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Council Member Zuber introduced the
following Resolution entitled "RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $4,700,000 GENERAL OBLIGATION
BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be
adopted. Council Member Ambrisc0 seconded the
motion to adopt, and the roll being called thereon, the vote
was as follows:
AYES: Strait, Zuber, Ambrisco, Baker, Dk:Donald
i
ABSENT Dickson, Erdahl.
i
NAYS: None
Whereupon, the Mayor declared said Resolution duly adopted
as follows: 85-317
RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $4,700,000 GENERAL OBLIGATION BONDS
AND LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the Issuer is duly incorporated, organized and
exists under and by virtue of the laws and Constitution of the
State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of
construction, reconstruction or repair of street improvements,
sidewalks, alley pavement, sanitary sewers, storm sewers,
culverts and facilities for the collection and disposal of
surface waters and streams and bridges; construction of
sanitary sewage pumping facilities; opening and extending of
streets; improvement to the municipal waterworks by the
construction of water storage facilities; and extending and
improving the established municipal airport; and the
acquisition of land needed for the foregoing purposes, an
essential corporate purpose, and it is deemed necessary and
advisable that general obligation bonds in the amount of
$4,700,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as required by
Section 384.25 of said Code, this Council has held a public
meeting and hearing upon the proposal to institute proceedings
for the issuance of said bonds, and the Council is therefore
now authorized to proceed with the issuance of said bonds; and
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F�.
WHEREAS, pursuant to the provisions of Chapter 75 of the
Code of Iowa, the above mentioned bonds were heretofore sold at
public sale and action should now be taken to issue said bonds
conforming to the terms and conditions of the best bid received
at the advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. Definitions. The following terms shall have
the following meanings in this Resolution unless the text
expressly or by necessary implication requires otherwise:
(a) "Issuer" and "City" shall mean the City of Iowa
City, Iowa;
(b) "Treasurer" shall mean the City Treasurer or such
other officer as shall succeed to the same duties and
responsibilities with respect to the recording and payment
of the Bonds issued hereunder;
(c) "Bonds" shall mean $4,700,000 General obligation
Bonds, authorized to be issued by this Resolution;
(d) "Registrar" shall be the City Controller of Iowa
City, Iowa or such successor as may be approved by Issuer
as provided herein and who shall carry out the duties
prescribed herein with respect to maintaining a registrar
of the owners of the bonds. Unless otherwise specified,
the Registrar shall also act as Transfer Agent for the
bonds.
(e) "Paying Agent" shall be the City Controller or
such successor as may be approved by Issuer as provided
herein and who shall carry out the duties prescribed herein
as Issuers agent to provide for the payment of principal of
and interest on the bonds as the same shall become due.
Section 2. Levy and Certification of Annual Tax; Other
Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of
providing funds to pay the principal and interest of the
bonds hereinafter authorized to be issued, there is hereby
levied for each future year the following direct annual tax
on all of the taxable property in Iowa City, Iowa, to -wit:
ME
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19 79
AMOUNT
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION:
$945,863.00
1986/1987
$755,825.00
1987/1988
$753,825.00
1988/1989
$722,950.00
1989/1990
$690,650.00
1990/1991
$656,925.00
1991/1992
$622,250.00
1992/1993
$586,625.00
1993/1994
$550,050.00
1994/1995
$512,525.00
1995/1996
(NOTE: For example the levy to be made and certified
against the taxable valuations of January 1, 1985, will be
collected during the fiscal year commencing July 1, 1986).
(b) Resolution to be Filed With Count Auditor. A
certified copy of this Resolution should be filed. with the
County Auditor of Jackson County, Iowa, and said Auditor is
hereby instructed in and for each of the years as provided,
to levy and assess the tax hereby authorized in Section 1
of this Resolution, in like manner as other taxes are
levied and assessed, and such taxes so levied in and for
each of the years aforesaid be collected in like manner as
other taxes of the City are collected, and when collected
be used for the purpose of paying principal and interest on
said bonds issued in anticipation of said tax, and for no
other purpose whatsoever.
(c) Additional CitY Funds Available. Principal and
interest com ng due at anytime when the proceeds of said
tax on hand shall be insufficient to pay the same shall be
Promptly paid when due from current funds of the City
available for that purpose and reimbursement shall be made
from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each
year at the same time and in the same manner as, and in
addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within
the Debt Service Fund to be known as the "GENERAL OBLIGATION
BOND FUND 1985 No. 1" (the "Bond Fund"), which is hereby
pledged for and shall be used only for the payment of the
principal of and interest on the bonds hereinafter authorized
to be issued; and also there shall be apportioned to said fund
its proportion of taxes received by the City from railway,
express, telephone and telegraph companies and other taxes
assessed by the Iowa State Department of Revenue.
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Section 4. Investments of Bond Fund Proceeds. All moneys
held in the Bond Fund, provided for by Section 3 of this
Resolution shall be invested in direct obligations of the
United States Government or deposited in banks which are
members of the Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all such deposits
exceeding the maximum amount insured from time to time by FDIC
or its equivalent successor in any one bank shall be
continuously secured by a valid pledge of direct obligations of
the United States Government having an equivalent market value.
All such interim investments shall mature before the date on
which the moneys are required for payment of principal of or
interest on the Bonds as herein provided.
Section 5. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the
City in the amount of $4,700,000, shall be issued pursuant
to the provisions of Section 384.25 of the City Code of
Iowa for the aforesaid purpose. The bonds shall be
designated "GENERAL OBLIGATION BOND", be dated November 1,
1985, and bear interest from the date thereof, until pay-
ment thereof, at the principal office of the Paying Agent,
said interest payable on May 1, 1986, and semiannually
thereafter on the 1st day of November and May in each year
until maturity at the rates hereinafter provided.
The bonds shall be executed by the facsimile signature
of the Mayor and attested by the facsimile signature of the
Clerk, and printed or impressed with the seal of the City
and shall be fully registered as to both principal and
interest as provided in this resolution; principal,
interest and premium, if any, shall be payable at the
office of the Paying Agent by mailing of a check to the
registered owner of the bond. The bonds shall be each in
the denomination of $5,000 or multiples thereof. Said
bonds shall mature and bear interest as follows:
Interest
Principal
Maturity
Rate
Amount
May 1st
5.50%
$450,000
1987
6.008
$450,000
1988
6.508
$475,000
1989
6.808
$475,000
1990
7.108
$475,000
1991
7.308
$475,000
1992
7.508
$475,000
1993
7.708
$475,000
1994
7.90%
$475,000
1995
7.906
$475,000
1996
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(b). Redemption. Bonds maturing after June 1, 1993,
may be called for redemption by the Issuer and paid before
maturity on said date or any interest payment date
thereafter, from any funds regardless of source, in whole
or from time to time in part, in inverse order of maturity
and within an annual maturity by lot by giving thirty days'
notice of redemption by registered mail, to the registered
owner of the bond. The terms of redemption shall be par,
plus accrued interest to date of call.
If selection by lot within a maturity is required, the
Registrar shall by random selection of the names of the
registered owners of the entire annual maturity select the
bonds to be redeemed until the total amount of bonds to be
called has been reached.
Section 6. Registration nF Anna.. an....; r �r
(a) Registration. The ownership of bonds may be
transferred only by the making of an entry upon the books
kept for the registration and transfer of ownership of the
Bonds, and in no other way. The City Controller is hereby
appointed as Bond Registrar under the terms of this
Resolution. Registrar shall maintain the books of the
Issuer for the registration of ownership of the Bonds for
the payment of principal of and interest on the Bonds as
aprovided
sprovi1Resolution.
l
provided inArticle8of the Uniform negotiablel bonds shall be
form CommercialC
Code and
Section 384.31 of the Code of Iowa, subject to the
provisions for registration and transfer contained in the
bonds and in this resolution.
(b) Transfer. The ownership of any Bond may be
transferred only upon the Registration Books kept for the
registration and transfer of Bonds and only upon surrender
thereof at the principal office of the Registrar together
with an assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be
satisfactory to the Registrar, along with the address and
social security number or federal employer identification
number of such transferee (or, if registration is to be
made in the name of multiple individuals, of all such
transferees). In the event that the address of the
registered owner of a Bond (other than a registered owner
which is the nominee of the broker or dealer in question)
is that of a broker or dealer, there must be disclosed on
the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any
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such Bond, a new fully registered Bond, of any denomination
or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed
principal amount of such transferred fully registered Bond,
and bearing interest at the same rate and maturing on the
same date or dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases
of the transfer of the Bonds, the Registrar shall register,
at the earliest practicable time, on the Registration
Books, the Bonds, in accordance with the provisions of this
Resolution.
(d) Ownership. As to any Bond, the person in whose
name the ownership of the same shall be registered on the
Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes,
and payment of or on account of the principal of any such
Bonds and the premium, if any, and interest thereon shall
be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments
shall be valid and effectual to satisfy and discharge the
liability upon such Bond, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed
shall not be reissued but shall be cancelled by the
Registrar. All Bonds which are cancelled by the Registrar
shall be destroyed and a certificate of the destruction
thereof shall be furnished promptly to the Issuer; provided
that if the Issuer shall so direct, the Registrar shall
forward the cancelled Bonds to the Issuer.
(f) Non -Presentment of Bonds. In the event any
payment check representing payment of interest on the Bonds
is returned to the Paying Agent or is not presented for
payment of principal at the maturity or redemption date, if
funds sufficient to pay such interest on Bonds shall have
been made available to the Paying Agent for the benefit of
the owner thereof, all liability of the Issuer to the owner
thereof for such interest or payment of such Bonds shall
forthwith cease, terminate and be completely discharged,
and thereupon it shall be the duty of the Paying Agent to
hold such funds, without liability for interest thereon,
for the benefit of the owner of such Bonds who shall
thereafter be restricted exclusively to such funds for any
claim of whatever nature on his part under this Resolution
or on, or with respect to, such interest or Bonds. The
Paying Agent's obligation to hold such funds shall continue
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1979
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for a period equal to two years and six months following
the date on which such interest or principal became due,
whether at maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying Agent,
shall surrender any remaining funds so held to the Issuer,
whereupon any claim under this Resolution by the Owners of
such interest or Bonds of whatever nature shall be made
upon the Issuer.
(g) Registration and Transfer Fees. The Registrar
may furnish to each owner, at the Issuer's expense, one S
bond for each annual maturity. The Registrar shall furnish
additional bonds in lesser denominations (but not less than
ithe minimum denomination) to an owner who so requests.
Section 7. Reissuance of Mutilated, Destroyed, Stolen
or Lost Bonds. In case any outstanding Bond shall become
mutilated or be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and deliver a new Bond of
like tenor and amount as the Bond so mutilated, destroyed,
stolen or lost, in exchange and substitution for such mutilated
Bond to Registrar, upon surrender of such mutilated Bond, or in
lieu of and substitution for the Bond destroyed, stolen or
lost, upon filing with the Registrar evidence satisfactory to
the Registrar and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof, and upon
furnishing the Registrar and Issuer with satisfactory indemnity
and complying with such other reasonable regulations as the
i Issuer or its agent may prescribe and paying such expenses as
the Issuer may incur in connection therewith.
Section B. Record Date. Payments of principal and
interest, otherwise than upon full redemption, made in respect
of any Bond, shall be made to the registered holder thereof or
to their designated agent as the same appear on the books of
the Registrar on the 15th day of the month preceding the
payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Bonds to the
extent of the payments so made. Payment of principal shall
only be made upon surrender of the bond to the Paying Agent.
Section 9. Execution Authentication and Delivery of the
Bonds. Upon the adoption of this resolution, the Mayor and
Clerk shall execute and deliver the Bonds to the Registrar, who
shall authenticate the Bonds and deliver the same to or upon
order of the Purchaser. No bond shall be valid or obligatory
for any purpose or shall be entitled to any right or benefit
hereunder unless the registrar shall duly endorse and execute
on such Bond a certificate of authentication substantially in
the form of the Certificate herein set forth. Such Certificate
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upon any Bond executed on behalf of the Issuer shall be
conclusive evidence that the Bond so authenticated has been
duly issued under this resolution and that the holder thereof
is entitled to the benefits of this resolution.
Section 10. Form of Bond. Bonds shall be printed in
substantial compliance with standards proposed by the American
Standards Institute substantially in the form as follows:
FIGURE 1
(Front)
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(6)
i
(6)
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(1)
(2) (3)
(9)
(9A)
(4) (5)
(continued on the
(10)
back
of this Bond)
(11)(12)(13) (14) (15)
FIGURE 1
(Front)
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The text of the bonds to be located thereon at the item
numbers shown shall be as follows:
Item
1,
figure
1
= "STATE OF IOWA"
"COUNTY OF JOHNSON"
'
"CITY OF IOWA CITY"
.
"GENERAL OBLIGATION BOND,"
"ESSENTIAL CORPORATE PURPOSE."
Item
2,
figure
1
= Rate:
Item
3,
figure
1
= Maturity:
Item
4,
figure
1 =
Bond Date: November 1, 1985
Item
5,
figure
1 =
Cusip B
Item
6,
figure
1 =
"Registered"
Item
7,
figure
1 =
Certificate No.
Item
8,
figure
1 =
Principal Amount: $
Item 9, figure 1 = The City of Iowa City, Iowa, a municipal
corporation organized and existing under and by virtue of the
Constitution and laws of the State of Iowa (the "Issuer"), for
value received, promises to pay from the source and as
hereinafter provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by
Registrar or Printer with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal
sum of (principal amount wtten t) Thousand Dollars in
lawful money of the Un ted Sritatesouof America, on the maturity
date shown above, only upon presentation and surrender hereof
at the principal office of the City Controller, Paying Agent of
this issue, or its successor, with interest on said sum from
the date hereof until paid at the rate per annum specified
above, payable on May 1, 1986, and semiannually thereafter on
the 1st day of November and May in each year.
Interest shall be paid to the registered holder of the bond
as shown on the records of ownership maintained by the
Registrar as of the 15th day of the month next preceding such
interest payment date. Interest shall be computed on the basis
of a 360 -day year of twelve 30 -day months.
This bond is issued pursuant to the provisions of Section
384.25 of the City Code of Iowa, for the purpose of paying
costs of construction, reconstruction or repair of street
improvements, sidewalks, alley pavement, sanitary sewers, storm
sewers, culverts and facilities for the collection and disposal
of surface waters and streams and bridges;.construction of
sanitary sewage pumping facilities; opening and extending of
streets; improvement to the municipal waterworks by the
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/979
construction of water storage facilities; and extending and
improving the established municipal airport; and the
acquisition of land needed for the foregoing purposes, in
conformity to a Resolution of the Council of said City duly
passed and approved.
Bonds maturing after June 1, 1993, may be called for
redemption by the Issuer and paid before maturity on said date
or any interest payment date thereafter, from any funds
regardless of source, in whole or from time to time in part, in
inverse order of maturity and within an annual maturity by lot
by giving thirty days' notice of redemption to the registered
owner of the bond. The terms of redemption shall be par, plus
accrued interest to date of call.
Notice hereunder may be given by registered mail to the
owner of record of the bond at the address shown on the books
of the Registrar and shall be deemed complete upon mailing.
ownership of this bond may be transferred only by transfer
upon the books kept for such purpose by the City Controller,
the Registrar. Such transfer on the books shall occur only
upon presentation and surrender of this bond at the principal
office of the Registrar, together with an assignment duly
executed by the owner hereof or his duly authorized attorney in
the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent
but shall, however, give 60 days' notice to registered
bondholders of such change. All bonds shall be negotiable as
provided in Article 8 of the Uniform Commercial Code and
Section 384.31 of the Code of Iowa, subject to the provisions
for registration and transfer contained in the bond resolution.
And it is hereby represented and certified that all acts,
conditions and things requisite, according to the laws and
Constitution of the State of Iowa, to exist, to be had, to be
done, or to be performed precedent to the lawful issue of this
bond, have been existent, had, done and performed as required
by law; that provision has been made for the levy of a
sufficient continuing annual tax on all the taxable property
within the territory of the Issuer for the payment of the
principal and interest of this bond as the same will
respectively become due; that the faith, credit, revenues and
resources and all the real and personal property of the Issuer
are irrevocably pledged for the prompt payment hereof, both
principal and interest; and the total indebtedness of the
Issuer including this bond, does not exceed the constitutional
or statutory limitations.
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IN TESTIMONY WHEREOF, the Issuer by its Council, has caused
this bond to be signed by the facsimile signature of its Mayor
and attested by the facsimile signature of its City Clerk, with
the seal of said City printed hereon, and to be authenticated
by the manual signature of an officer of the Registrar, the
City Controllerof Iowa City, Iowa.
Item 11, figure 1 = Date of authentication:
Item 12, figure 1 = This is one of the bonds described in
the within mentioned resolution, as
registered by the City Controller.
I
City Controller
I
BY
Registrar
Item 13, figure 1 = Registrar and Transfer Agent:
City Controller
Paying Agent: City Controller
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block)
City of Iowa City, Iowa
By: ( facsimile signature )
Mayor
Attest: ( facsimile signature )
City Clerk
Item 16, figure 2 = It is certified that the followingis
opinion
a correct and complete copy of the
of bond counsel issued as of the date of
delivery of the issue of which this bond is
a part.
(facsimile signature)
City Clerk
(opinion of Bond Counsel)
Item 17, figure 2 = [Assignment Block]
(Information Required for
Registration)
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns
and transfers unto (Social Security of Tax
Identification No. ) the within Bond and does
hereby irrevocably constitute and appoint
attorney in fact to transfer the said Bond on the books kept
for registration of the within Bond, with full power of
substitution in the premises.
I
Dated
i
(Person(s) executing this Assignment sign(s) here)
L.
SIGNATURE
. GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond with the
name(s) as written upon the face of the certificate(s) or
bond(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee
should be made by a member or member organization of the
New York Stock Exchange, members of other Exchanges having
signatures on file with transfer agents or by a commercial
bank or trust company. i
INFORMATION REQUIRED FOR. REGISTRATION OF TRANSFER
Name of Transferee(s) i
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust
1
*If the bond is to be registered in the names of multiple
individual owners, the names of all such owners and one address
and social security number must be provided.
i
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The following abbreviations, when used in the inscription
on the face of this bond, shall be construed as though written
out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UNIF GIFT MIN ACT - ..........Custodian..........
(Cust) (Minor)
under Uniform Gifts to Minors
Act....... ..........
(State)
Section 11. Right to Name Substitute Paying Agent or
Registrar. Issuer reserves the right to name a substitute,
successor Registrar or Paying Agent upon giving 60 days'
written notice to each registered bondholder.
Section 12. Contract Between issuer and Purchaser. This
Resolution constitutes a contract between said C ty and the
purchaser of the bonds.
Section 13. Non -Arbitrage Covenants. The Issuer
reasonably expects and covenants that no use will be made of
the proceeds from the issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to be classified as
arbitrage Bonds within the meaning of Section 103(c)(2) of the
Internal Revenue Code of the United States, and that throughout
the term of said Bonds it will comply with the requirements of
said statute and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are
no facts or circumstances that would materially change the
foregoing statements or the conclusion that it is not expected
that the proceeds of the Bonds will be used in a manner that
would cause the Bonds to be arbitrage Bonds. The Treasurer is
hereby directed to deliver a certificate at issuance of the
Bonds to certify as to the reasonable expectation of the Issuer
at that date.
The Issuer covenants that it will treat as restricted yield
investments any funds in the Bond Fund for payment of the Bonds
in excess of 13/12ths of the annual principal and interest
requirements of the then current year.
"Restricted yield investments" are funds or investments
which the Issuer covenants not to invest at a yield materially
higher than the yield on.the bonds as defined in the
-ls-
N Co .. W.x.J.I lyyly, Sm A ♦IbK II..NR 0.. A I
/9;I9
... ___.....
7...
The following abbreviations, when used in the inscription
on the face of this bond, shall be construed as though written
out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UNIF GIFT MIN ACT - ..........Custodian..........
(Cust) (Minor)
under Uniform Gifts to Minors
Act....... ..........
(State)
Section 11. Right to Name Substitute Paying Agent or
Registrar. Issuer reserves the right to name a substitute,
successor Registrar or Paying Agent upon giving 60 days'
written notice to each registered bondholder.
Section 12. Contract Between issuer and Purchaser. This
Resolution constitutes a contract between said C ty and the
purchaser of the bonds.
Section 13. Non -Arbitrage Covenants. The Issuer
reasonably expects and covenants that no use will be made of
the proceeds from the issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to be classified as
arbitrage Bonds within the meaning of Section 103(c)(2) of the
Internal Revenue Code of the United States, and that throughout
the term of said Bonds it will comply with the requirements of
said statute and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are
no facts or circumstances that would materially change the
foregoing statements or the conclusion that it is not expected
that the proceeds of the Bonds will be used in a manner that
would cause the Bonds to be arbitrage Bonds. The Treasurer is
hereby directed to deliver a certificate at issuance of the
Bonds to certify as to the reasonable expectation of the Issuer
at that date.
The Issuer covenants that it will treat as restricted yield
investments any funds in the Bond Fund for payment of the Bonds
in excess of 13/12ths of the annual principal and interest
requirements of the then current year.
"Restricted yield investments" are funds or investments
which the Issuer covenants not to invest at a yield materially
higher than the yield on.the bonds as defined in the
-ls-
N Co .. W.x.J.I lyyly, Sm A ♦IbK II..NR 0.. A I
/9;I9
f
regulations issued under authority of Section 103(c) of the
Internal Revenue Code of the United States.
The issuer covenants that it will exceed any investment
yield restriction provided in this resolution only in the event
that it shall first obtain an opinion of recognized bond
counsel that the proposed investment action will not cause the
bonds to be classed as arbitrage bonds under Section 103(c) of
the Internal Revenue Code or regulations issued thereunder.
The Issuer covenants that it will proceed with due
diligence to spend the proceeds of the bonds for the purpose
set forth in this resolution.
Section 14. Severability Clause. If any section,
paragraph, clause Or provision of this Resolution be held
invalid, such invalidity shall not affect any of the remaining
provisions hereof, and this Resolution shall become effective
immediately upon its passage and approval.
Section 15. Repeal of Conflicting Resolutions or
Ordinances. That all ordinances and resolutions and parts of
ordinances and resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this 4th day of November ,
1985. �f /��
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ayor
ATTEST:
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CIG -3
4-85
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON
I, the undersigned City Clerk of Iowa City, Iowa, do hereby
certify that attached is a true and complete copy of the
portion of the corporate records of said Municipality showing
proceedings of the Council, and the same is a true and complete
copy of the action taken by said Council with respect to said
matter at the meeting held on the date indicated in the
attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting
and all action thereat was duly and publicly held in accordance
with a notice of meeting and tentative agenda, a copy of which
was timely served on each member of the Council and posted on a
bulletin board or other prominent place easily accessible to
the public and clearly designated for that purpose at the
principal office of the Council (a copy of the face sheet of
said agenda being attached hereto) pursuant to the local rules
of the Council and the provisions of Chapter 21, Code of Iowa,
upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as
required by said law and with members of the public present in
attendance; I further certify that the individuals named
therein were on the date thereof duly and lawfully possessed of
their respective city offices as indicated therein, that no
council vacancy existed except as may be stated in said
proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization,
existence or boundaries of the City or the right of the
individuals named therein as officers to their respective
positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 4th day of November , 1985.
SEAL
Clerk, Iowa City, Iowa
Mon [Dont Dmw.h IWC:.. Smtl„ umee, t,.nn. Dn �+. bw
1971
■
Is
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-- — — - ---------..._.r_....._-- —
i
i
RESOLUTION NO. 85-318
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH THE IOWA ENERGY POLICY COUNCIL FOR AN ENERGY MANAGEMENT PROGRAM
MATCHING GRANT.
WHEREAS, the City of Iowa City continues to realize significant financial
benefits through its efforts to conserve energy in all City operations, and
i
WHEREAS, the City received a refund of 567,018.06 in 1984 from Iowa -Illinois
Gas 8 Electric Company resulting from prior overcharges associated with rate
increase requests, and
i
WHEREAS, the City Council has previously committed these funds to be use for
energy conservation efforts in City government operations, and
WHEREAS, the City has negotiated an agreement with the Iowa Energy Policy
Council whereby the City will receive matching funds in the amount of $94,590
for various energy conservation projects to be undertaken, which agreement is '
attached hereto and made a part hereof; and
WHEREAS, it is in the interest of the City to participate in this grant
program which will result in the conservation of energy resources and
significant energy cost savings for the City.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the agreement with the Iowa Energy Policy Council regarding the Energy
Management Program Matching Grant be and the same is hereby approved as to
`f form and content.
( AND BE IT FURTHR RESOLVED that the City Manager is hereby authorized to enter
Pt into an agreement with the Iowa Energy Policy Council for an Energy Conserva-
tion Matching Grant in the amount of $94,590.
It was moved by Ambrisco and seconded by Zuber the Resolution
be adopted, and upon ro ca ere were:
i AYES: NAYS: ABSENT:
X
AMBRISCO
X BAKER
X DICKSON
X ERDAHL
X MCDONALD
X STRAIT
X ZUBER
I i
j Passed and approved this 4th day f November , 1985.
I
ATTEST:
tvod pproved �
7%7a��n,,> Depoctmcnt
CI CLERK
/M0
1 ■
iI
i
IOWA ENERGY POLICY COUNCIL
Contractor: Contract Number: 86-6400-23
City of Iowa City Contract Amount: $94,590
i
Contractor Officer: Neil Berlin
Contract Title: The Demonstration of Iowa City's Energy
Management Program
;
EPC Project Officer: Distribution of Copies:
Sharon A. Tahtinen Copies 1&2: EPC
Copy 3: Contractor
Time of Performance: FROM October 15, 1985 to June 30, 1990
Submit Original Invoice and Duplicate to:
i
Accounting
Iowa Energy Policy Council
Lucas State Office Building
Des Moines, Iowa 50319
(515) 281-4420
Issue Payment to:
City of Iowa City
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
(319) 356-5000
ATTN: James L. Schoenfelder, Energy Coordinator
The Contractor agrees to deliver all supplies and perform
all services set forth in the attached Special Conditions, for
the consideration stated herein. The rights and obligations of
the parties to this contract shall be subject to and governed by
the Special Conditions and the General Conditions. To the extent
of any inconsistency between the Special and the General
Conditions and any specifications or other conditions which are
made a part of this contract by reference or otherwise, the
Special and the General Conditions shall control. To the extent
of any inconsistency between the Special and the General
Conditions, the Special Conditions shall control.
i
i
/9�'0
Contract Number: 86-6400-23
IN WITNESS WHEREOF, the parties hereto have executed this
t contract.
CONTRACTOR: CITY OF IOWA CITY IOWA ENERGY POLICY COUNCI
Signature: �;/ _� Signature:
I
Typed Name: Neal G. Berlin Typed Name: Dennis ffe
Acting Direct
Title: City Manager Title: and Chairman
ed a Approv
� R:9af P t r .ti i
Article I. Definitions
SPECIAL CONDITIONS
1.1 "Council" means the Iowa Energy Policy Council.
1.2 "Contractor" means the City of Iowa City.
1.3 "Project" means the demonstration of a comprehensive
energy management program and an internal revolving
fund project in a municipality.
1.4 "Revolving loan fund" means a monetary fund from which
the various city departments may borrow money for
energy conservation measures to be paid back out of
avoided fuel cost.
Article II. Identification of Parties
This contract is entered into by and between the City of
Iowa City (hereinafter referred to as the Contractor) and the
Iowa Energy Policy Council (hereinafter referred to as the
Council).
Article III. Statement of Purpose
This contract is entered into for the purpose of
demonstrating the effective utilization of an internal revolving
loan fund as a financing mechanism for energy conservation
improvements in a Standard Metropolitan Statistical Area in
Iowa.
Article IV. Scope of Work
4.1 The Contractor will update and submit each engineering
analysis on a building to the Council for approval
prior to initiating installation of each proposed
energy conservation measure to be funded with the
revolving fund described in Article 4.3.
4.2 The Contractor will develop a detailed written plan to
prioritize all capital -requiring energy efficiency
improvements identified in the original and updated
engineering analyses.
4.3 The Contractor will design and establish an internal
revolving loan fund to finance energy conservation
measures in public facilities. The internal (City of
Iowa City) revolving loan fund will be started with
Council funds ($69,340) to be matched equally by the
Contractor (not to exceed $61,135 in hard match and
$8,205 of in-kind services). Any interest that accrues
on the funds must be utilized for additional energy
improvements identified in the engineering analyses.
The revolving fund must include monthly documentation
of energy avoidance savings, calculations to determine
repayment to the fund, and BTU savings/square
foot/degree day. A detailed plan for the internal
■
;1
r
revolving loan fund will be submitted to the Council
for approval by November 15, 1985. Future loan invest-
ments from the revolving loan fund will be used for
energy improvements for public facilities until the
time that all energy improvements (within the finan-
cial capability of the revolving loan fund) with
seven (7) years or less payback have been completed.
The revolving loan program will require the commitment
of city department heads.
At the end of seven years (1992) and if all energy
conservation measure projects with a seven year simple
payback have been completed, the revolving fund may be
used to (1) fund energy conservation measures with a
longer payback period using the same financing model as
established earlier; (2) provide 100% or cost -shared
energy conservation grants to city departments; or (3)
design an alternative local government conservation
program. Only the Council's funds and the Contractor's
original contribution ($61,135) will be subject to this
long-range plan. The plan must be submitted for appro-
val by the Council and annual reports must be filed
with the Council until 1995.
4.4 The Contractor will implement (design, advertise,
select contractors, install equipment/materials,
inspect and submit invoices) within the financial
capabilities of the revolving fund energy conservation
measure projects identified by engineering analyses
and approved by the Energy Policy Council that have a
seven (7) year or less payback period in the first
allocation of the revolving loan fund by June.30, 1986.
4.5 The Contractor will update the "Waste to Energy
Feasibility Study." The Contractor may subcontract
after formally advertising and issuing a Request for
Proposal for qualified engineering firms. The results
of the update will be presented to the city council. A
copy of the updated report will be sent to the Council.
4.6 The Contractor will subcontract with the Council's
selected engineering firm to conduct an engineering
analysis of the building and process on the water
treatment plant not to exceed $9,000 total cost. A
copy of the report will be sent to the Council for
review and approval of energy conservation measures.
The Council will review and approve energy conservation
measures with a seven (7) year or less payback for
funding in the first allocation of the revolving loan
fund within the financial capabilities of the internal
revolving fund.
4.7 The Contractor will develop an energy saving light bulb
replacement program for low income (Low Income Home
Energy Assistance Program guidelines) and elderly (Age
60+) residents to reduce electricity costs by 10% or
more. Prior to implementation, the Contractor will
establish baseline use of electricity from a sampling
(approximately 25) of the selected group. After bulb
replacement, the Contractor will document the energy
WHO]
savings for a 6 month period. The Contractor will pro-
duce a final evaluation report on the project and sub-
mit a copy to the Council. The goal will be to serve
100 homes with the program.
4.8 The Contractor will work to maximize media coverage or
all aspects of the project including a minimum of
four press releases, television or radio spots. All
media materials will contain the following statement:
"This material was prepared with the support of the
U. S. Department of Energy (DOE) Grant No.
DE-FG47-80CS62017 and Iowa Energy Policy Council
Contract No. 86-6400-23. However, any opinions, find-
ings, conclusions or recommendations expressed herein
are those of the author(s) and do not necessarily
reflect the views of the Department of Energy or the
Iowa Energy Policy Council."
4.9 The Contractor will prepare a minimum of two infor-
mational articles (approximately 2 page double space
length) on the Project for the Council. The
Council will be responsible for editing and
publication. (See Department of Energy provision
stated in 4.8.)
4.10 The Contractor will make a minimum of four presen-
tations on the Project and its cost effectiveness and
impact to the League of Iowa Municipalities, the
Council's Annual Community Energy Conference, the
Conference of Local Energy Officials, or others as
appropriate. Expenses for travel outside the state of
Iowa must be approved by the Council prior to the tra-
vel. Each presentation will describe all projects
demonstrated under this contract.
4.11 The Contractor will work with the Council's marketing
consultant to determine other appropriate demonstration
activities for the Council. The Contractor will imple-
ment these other activities, as resources permit, and
have them implemented by 1990.
4.12 The Contractor will follow all applicable federal
guidelines as set forth in OMB Circular A-102 such as
procurement, Davis -Bacon Act, Copeland Anti -kick Back
Act, Contract Work Hours and Safety'Standards Act, etc.
All subcontracts will contain the appropriate clauses
as identified in Appendix B.
4.13 The Contractor will submit energy data and energy
avoidance costs by energy type (electricity, natural
gas, propane, etc.) until 1992 for every public
building and system included in the Project.
4.14 The Contractor will provide the Council with a report
on the current vehicle fleet maintenance program/energy
conservation program. To be included are energy and
cost savings that resulted from implementing the
program, barriers encountered, resolutions to problems
and suggestions for improvement, etc.
1980
I�
4.15 The Contractor will work with the local cable televi-
sion station to air ready-made energy programs periodi-
cally for one year, the content of which will be
established by February 1986. The plan will be sub-
mitted to the Council for approval.
4.16 The Contractor will attempt to develop (good faith
effort) a cooperative energy management program with
Johnson County.
4.17 The Contractor will research an ordinance change that
would require that a Home Heating Index (HHI) be calcu-
lated for every new or remodeled building in Iowa City.
The Contractor will pursue with real estate agents and
the Multiple Listing Service to see whether the Home
Heating Index can be used effectively as a sales tool.
If determined to be effective, an HHI processing system
will be presented to the city council for con-
sideration. Funds expended in the effort will cover
the cost of processing the HHI forms.
4.18 The Contractor will prepare for the Council a year-end
report and a final report covering all activities and
costs in the Project and making recommendations for
future programs. To be included are future energy con-
servation measure project projections (costs, savings,
payback schedule, etc.) for the next year.
Article V. Milestones
November 15, 1985 Initiate update of engi-
November 15, 1985
November 15, 1985
neering analyses: public
buildings
Prioritize previously iden-
tified energy conservation
measures and validate
calculations; obtain Council
approval; initiate operation
and maintenance procedure
schedule
A. Advertise for analyst to
conduct "Waste to
Energy" engineering
analysis
B. Complete the development
of the revolving fund
program, establish
tracking system, submit
to the Council for
approval
C. Initiate water treatment
plant engineering analyses
with Council -selected
engineer
1996 1
November 30, 1985
November 30, 1985
December 15, 1985
December 30, 1985
January 30, 1986
May 1, 1986
May 1, 1986
May 1, 1986
D. Complete design work for
previously -identified energy
conservation measures of
three years or less
payback, after which
begin implementation
E. Continue engineering analy-
sis for new energy conser-
vation measures in buildings
F. Solicit participation by
Johnson County
G. Initiate cable TV program
development
Initiate advertising for
energy conservation measure
construction work (continuing)
Complete engineering analy-
sis of new energy conser-
vation measures in
additional public buildings
and submit to Council for
review and approval; priori-
tize projects, after which
begin advertising and imple-
mentation
Develop light bulb program
for low-income and elderly
Complete water treatment
plant engineering analysis
and obtain approval from
Council to implement energy
conservation measures with
seven (7) years or less
payback as per Article 4.6
Complete update of "Waste to
Energy Feasibility Study"
engineering analysis; submit
to Council
Complete presentations to
two professional
organizations
Complete articles on
Project, submit to Council
Complete light bulb program,
document savings, submit
final report
l98d
/9S0
I
June 30, 1986
Complete first round expen-
ditures on energy conser-
vation measures
June 30, 1986
Submit year-end report on
Project; submit FY87 energy
conservation measure
projection
August 15, 1986
Submit energy consumption
data for all buildings/
operations included in
Project
August 15, 1986
Submit invoices for Project
incurred up to June
expenses
30, 1986
December 30, 1986
Complete presentations to 2
additional professional
organizations
January 15, 1987
Submit report to Council for
approval which details
revolving loan fund activity
post contract period (June
30, 1990)
June 30, 1987, 1988, 1989
Submit year-end report
I
July 15, 1987
Submit energy consumption
data for all buildings/
operations included in
Project
August 1, 1987
Submit final invoice for
Council -approved travel
August 15, 1988, 1989, 1990
Submit energy consumption
1991, 1992
cost avoidance figures
data for all buildings/
operations included in
Project
June 30, 1990
Submit final report
Article VI. Designation of Officials
6.1 Council. The Director
of the Council is the official
authorized to execute any changes in the terms, con-
specified in this contract. Larry
ditions, or amounts
L. Bean is designated
to negotiate on behalf of the
Council and, subject to
the approval of the Director of
the Council, make any
changes to this contract.
6.2 Contractor. Neil Berlin (City Manager) is the
official authorized to execute any
Contractor project
changes in the terms,
conditions, or amounts specified
in this contract.
/9S0
I
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Article VII. Key Personnel
James Schoenfelder (Contact for Contractor)
Sharon Tahtinen (Council)
Article VIII. Time of Performance
The Contractor shall commence work on this contract on
October 15, 1985 and shall complete contract tasks no later than
June 30, 1990 unless changed by mutual written agreement.
Article IX. Funding
The Contractor agrees to perform the project in conformance i
with this contract. The Council agrees to pay the Contractor 502 '
of actual Project costs in an amount not to exceed $94,590 plus
all expenses for Council -approved travel outside Iowa for the
completion of the Project (Project Budget - Appendix A). i
Article X. Payment
1
10.1 The Contractor shall submit invoices in duplicate to'
the Council for completed portions of the Project.
Invoices shall correspond closely to the time periods
of the reports specified in Article XI of these Special
Conditions. All invoices other than Council -approved
travel are due on August 1, 1986.
10.2 The Council shall make interim payments to the
Contractor within 45 days for completed portions of the
Project upon receipt of the Contractor's invoice in
duplicate and approval of the reports specified in
Article XI of the Special Conditions.
10.3 The Council shall pay the Contractor 502 of actual
Project costs or ninety-four thousand five hundred
ninety dollars ($94,590) whichever is smaller and as
specified in Appendix A. Equipment costs shall be
paid solely by the Contractor. Approved equipment
costs (Appendix A) may be considered Contractor match.
Additional equipment or individual equipment costs
exceeding limitations in Appendix A must be approved by
the Council prior to purchase of the equipment to
qualify as match. Travel outside Iowa may be approved
by Council for 1002 reimbursement.
10.4 No costs can be incurred before October 15, 1985 or j
after June 30, 1986 for any items other than Council -
approved travel.
10.5 The Contractor shall submit the final invoice to the
Council no later than August 1, 1987 for expenses (i.e.
travel for Council -approved trips) incurred between
7/1/86 and 6/30/87.
Article XI. Reports
11.1 The Contractor shall submit to the Council monthly
reports due on the 30th of each month describing the
■
activities performed and the results obtained together
with support data. The Council's reporting forms will
be used. In lieu of monthly reports in September,
December and March, a quarterly report will be due on
the 30th. The quarterly report will summarize the
three previous months' activities. After June 30, 1987,
semi-annual reports are due in lieu of monthly and
quarterly reports on June 30 and December 31 of each
year. The year end reports shall be submitted no later
than June 30, 1986, 1987, 1988 and 1989. The report
shall include information as described in Article IV,
Scope of Work and shall include energy conservation
measure project projections for the upcoming year.
11.2 The Contractor shall submit three copies of the pro-
ject final report describing the activities performed
and the results obtained together with support data.
The final report will provide support data to the
Council and identify specific areas of interest and
concern such as problems, other appropriate applica-
tions, and special requirements. The final report will
be submitted no later than June 30, 1990. The report
shall include information as described in Article IV,
Scope of Work.
11.3 The Contractor shall furnish the Council with a finan-
cial report, a detailed and documented description of
all costs and expenses to -date for the Project by June
30 of 1986 and 1987.
11.4 The Contractor will submit to the Council an annual
energy conservation measure report covering all
buildings that have had capital improvements. The
reporting will continue through 1992 to enable the
Council to assess the revolving loan fund impact.
11.5 The Council shall review and comment on all reports
submitted by the Contractor within thirty (30) working
days after the Council's receipt of the reports.
Failure to reply within the allotted time period
constitutes approval by the Council.
Article XII. Department of Energy Approval
Funding for the project is subject to the continued finan-
cial support of Iowa's State Energy Conservation Plan by the
U.S. Department of Energy. If the Department of Energy discon-
tinues the current level of funding of the plan, this contract may
be terminated in whole or in part by the Council.
Article XIII. Review of Work
The Council or its advisers shall have the right to review
and observe, at any time, completed work or work in progress on
the Project.
MOO
APPENDIX A
BUDGET SUMMARY
Council
Total 50% Contractor
Cost Match Match
En ineerin Analyses Requiring
50 Match
Buildings, "Waste to Energy
Feasibility Study," Water .
Treatment Plant Evaluation $ 49,000 $ 24,500 $ 24,500
Energy Conservation Measures/
Internal Revolving Loan Fund
Re uirin 50 Match 138,680 69,340 69,3401
Computer and Software for
Energy Management
Flue Gas Analyzer with
Training and Operation
Light Meter
Identified and Approved
Energy Conservation
Measures for Public
Buildings
Community Programs
Light Bulb Replacement
5,115 0 5015
Home Heating Index (HHI)
1,500 750 750
Requires
Travel Outside of Iowa for
Council
Presentation Regarding Project
Approval
TOTAL
$194,395 $ 94,590 $ 999705
1$61,135 cash and $8,205 in-kind service.
1980
(Revised 7/3:
GENERAL CONDITIONS
Section 1.0 Entire Agreement
This Contract with all attachments and references constitutes the
entire agreement between the Council and the Contractor with respect
to the subject matter hereof, and the Contractor acknowledges that it
is entering into the Contract solely on the basis of the terms and
conditions herein contained and not in reliance upon any representative.
statement, inducement or promise, whether oral or written, not container
herein.
Section 2.0 Amendment
The Council or the Contractor may initiate an amendment to this
Contract. Any amendment is effective only if in writing and agreed to
by the Council and the Contractor. The amendment shall be effective
as of the date it is agreed upon, unless otherwise specified in the
amendment.
Section 3.0 Availability of Data
All information and data obtained by the Contractor in connection
with the Contract shall be made available to the Council. Such infor-
mation and data shall become the property of the Council except that
which is necessary for any patent or copyright purposes of the
Contractor.
Section 4.0 Assumption of Risks and Liabilities
The Contractor shall assume all risks and liabilities in connec-
tion with the performance of the Contract and shall be responsible for
all claims, demands, actions or causes of action of whatever nature or
character arising out of or by reason of the execution or performance
of the work provided for herein. The Contractor shall indemnify and
hold harmless the Council, its employees, agents or representatives,
and the State of Iowa from all claims, demands, actions or causes of
action, and shall be responsible for all attorney fees, costs and
expenses incurred by the Council, its employees, agents or represent-
atives and the State of Iowa, to the full extent permitted by Chapter
25A, Code of Iowa, and the Constitution of the State of Iowa.
Section 5.0 Transfer of Work
The Contractor shall not transfer or assign any part or portion
of the work on the Contract without the prior written consent of the
Council.
M
Section 6.0 Revie. :: ,orx
The Council shall have the right to review and observe, at any
time, completed work or work in progress on the Contract.
Section 7.0 Publications
7.1 All of the Contractor's reports and publications pertaining
to work performed under this Contract shall contain the following state-
ment on the credit sheet:
"This (material) was prepared with the support of the
U.S. Department of Energy (DOE) Grant No. DE-FG47-80CS62417
However, any opinions, findings, conclusions or recom-
mendations expressed herein are those of the authors)
and do not necessarily reflect the views of DOE."
7.2 The Council reserves the right to publish the reports once
completed by the Contractor and delivered to the Council. 'written an'_
oral releases are considered to be within the context of publication
rights so reserved by the Council. The Contractor shall not publish
interim reports without prior written consent of the Council.
7.3 Nothing in this section shall be construed to limit the
rights of the Contractor to publish the data or information in schol-
arly or professional journals as long as any copyright to be obtained
is not prejudiced thereby. .There shall be no pre-release of data or
findings connected with this Contract in scholarly or professional
Journals or through public presentations or news media until the
Contract is completed, unless prior written approval for such release
has been given by the Council. Contract completion is defined herein
as termination of this Contract.
7.4 All reports, interim and final, published by either the
Contractor or the Council, will give credit to the other party's par-
ticipation in the Contract.
7.5 Neither the Council nor the Contractor shall use the name of
the other for advertising, promotional, or publicity purposes without
the prior written consent of the other.
Section 8.0 Accounts and Records
8.1 The Contractor agrees to maintain books, documents, and other
records pertaining to all costs and expenses incurred and revenues
acquired during this Contract to the extent and in such detail as will
properly reflect all costs, direct and indirect, of labor, materials,
equipment, supplies and services, and other costs and expenses of what-
ever nature for which reimbursement is claimed. The Contractor shall
be prepared to support charges for salaries and wages by time, atten-
dance and payroll records.
8.2 The Energy Policy Council, State Auditor, U.S. Department
of Energy, and Comptroller General of the United States, or any of
their duly appointed representatives, shall have access for the pur-
pose of audit and examination to any books, documents, papers and
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records of the Contractor which are pertinent at all reasonable times
during the period of retention provided for in paragraphs 8.3, 8.4,
and 8.5 below and shall have the right to make copies of excerpts or
make other transcriptions thereof.
8.3 All records in the possession of the Contractor pertaining
to this Contract shall be retained by the Contractor for a period of
three (3) years beginning with the date upon which the final payment
under this Contract is issued. Records for non -expendable property
acquired under this Contract shall be retained for a three (3) year
period after the final disposition of the property.
8.4 Records relating to any litigation or claim arising out of
the performance of this Contract, or costs or expenses of this
Contract to which exception has been taken as a result of inspection
or audit, shall be retained by the Contractor until such litigation,
claim, or exception has been finally settled or until the three (3)
year period has expired, whichever occurs later.
8.5 The Contractor, in maintaining Contract expenditure accounts
and records and reports, shall make any necessary adjustments to
reflect refunds, credits, underpayments or overpayments, as well as
any adjustments resulting from any administrative reviews and audits
by the United States or by the State of Iowa or by the Contractor.
Such adjustments shall be set forth'in the financial reports filed
with the Council.
Section 9.0 Allowable Costs
9.1 Allowable costs are specified under the Approved Budget of
this Contract. Allowable costs are subject to audit. under the prin-
ciples defined in Office for Management and Budget (OMB) Circulars A-87,
A-21 and A-110.
9.2 Indirect costs shall be allowable at a predetermined rate
specified in the Approved Budget of this contract. indirect cost
rates, if applicable, shall be determined according to the principles
defined in Office for Management and Budget (OMB) Circulars A-87, A-21
and A-110.
Section 10.0 Unallowable Costs
The following costs are unallowable under this Contract:
a. Legal expenses for the prosecution of claims against the
Council, the State of Iowa, the Federal Government, or any subdivision
thereof;
b. The difference in costs between first class air accommodations
and less than first class air accommodations, unless less than first
class air accommodations are not available;
c. Costs incurred prior to the effective date of the Contract;
d. Costs of preparing proposals for potential contracts;
nthrr eclaBms ebts and fated loosloses
s) arising from uncollectible accounts and
3 1990
.L ❑__ 6cilwy rc4crvC or an.
similar provision for unforeseen events);
g. Contributions or donations;
h. Entertainment (cost of amusements, social activities, and
incidental costs relating thereto, such as meals, beverages, lodgings,
rentals, transportation, and gratuities);
J. Fines and penalties (costs resulting from violations of, or
failure to comply with federal, state and local laws and regulations);
J. Other financial costs (interest on borrowings -- however
represented, bond discounts, costs of financing and refinancing opera-
tions, and legal and professional fees paid in connection therewith).
iSection 11.0 Termination of Contract
11.1 Termination for cause - The Council may terminate this
Con:ra^-t in whole or in part, at any time before the expiration dare,
whenever the Council has determined that the Contractor has failed to
comply with the conditions of the Contract. The Council shall
promptly notify the Contractor in writing of the determination and
reasons for the termination, together with the effective date.
Payments made to the Contractor or recoveries by the Council under
contracts terminated for cause shall be in accord with the legal
rights and liabilities of the parties.
11.2 Termination for convenience - The Council or Contractor may
terminate the Contract in whole or in part when both parties agree
that the continuation' of the Contract would not produce beneficial
results commensurate with the future expenditure of funds. The two
parties shall agree upon the termination conditions, including the
effective date and, in the case of partial terminations, the portion
to be terminated. The Contractor shall not incur new obligations for
the terminated portion after the effective date and shall cancel as many.
outstanding obligations as possible. The Contractor shall prepare and
deliver to the Council copies of a final report summarizing the work
performed and the results obtained to date, together with such infor-
mation and items which, if the Contract had been completed, would have
been required to be furnished to the Council.
Section 12.0 Patents
Title to any and all patentable discoveries and patents therefrom
originating as a result of any sponsored research set forth in this
agreement shall be vested in the Contractor. The Contractor shall
evaluate each such discovery, and if in its judgment the atttendant
circumstances warrant filing a patent application, it shall do so at
its own expense. In cases where the Contractor decides against filing
a patent application, the Council shall be promptly notified of the
decision together with an offer to pass title to the invention to the
State of Iowa. The State of Iowa and any departments or divisions
thereof and all political subdivisions within the State shalt be en -.!:_a
to an irrevocable, nonexclusive, royalty -free license for governmental
purposes under any patent held by the Contractor which originates under
this agreement.
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Section 13.0 Copyrights and Use of Data
13.1. The term "Subject Data" as used herein includes research
data and reports, writings, sound recordings, pictorial reproductions,
drawings or other graphical representations, and works of any similar
nature which are specified to be delivered under this Contract. The
term does not include financial reports, cost analyses, and similar
information incidental to contract administration.
13.2 The Contractor shall be considered the author of all original
subject data.
13.3 Subject to the provisions of Section 13.4 below, the State
may duplicate, use and disclose in any manner for any authorized State
activity, and may allow others to do so, all subject data deliverable
under this Contract.
13.4 In the event the Contractor secures a copyright, the
Contractor agrees to and does hereby grant to the State, its officers,
agents and employees acting within the scope of their official duties,
a royalty -free, nonexclusive, and irrevocable license to publish,
translate, reproduce, deliver, perform, dispose of, and to authorize
others to do so for use by the State, its divisions, instrumentalities
and local subdivisions, all subject data now or hereafter covered by
copyright. If such subject data is not originated in the performance
of this Contract, such license shall be only to the extent that the
Contractor, its employees or any individual or concern employed or
assigned by the Contractor to originate and prepare such data under
this Contract, now has, or prior to completion of final settlement of
this Contract may acquire, the right to grant such license without
becoming liable to pay compensation to others solely because of such
grant.
13.5 The Contractor shall exert all reasonable efforts to advise
the Council at the time of delivery of the subject data furnished under
this Contract of all invasions of the right of privacy contained
therein and of all portions of such data copied from work not composed
or produced in the performance of this Contract and not licensed under
this section.
13.6 The Contractor shall report to the Council promptly and in
reasonable written detail, each notice or claim of copyright infringe-
ment received by the Contractor with respect to all subject data deliverer
under this Contract. On receipt of this information, the parties
hereto agree to confer to determine future uses to be made of the sub-
ject data.
13.7 The Contractor or any or all of its employees or agents may
duplicate, use and disclose all subject data deliverable under this
Contract, provided that the Contractor or such employees or agents
acknowledge the contribution of the Council and the Contract number of
this Contract and any copyright secured for such subject data. There
shall be no pre-release or publication of data or findings connected
with this Contract in scholarly or professional journals or through
public presentation or news release or otherwise until the performance
of this Contract is completed unless prior written authorization has
been obtained from the Council.
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14.1 The Contractor agrees to
in reasonable written detail, each
copyright infringement based on the
which the Contractor has knowledge.
report to the Council promptly and
notice or claim of patent or
performance of this Contract of
14.2 In the event of any claim or suit against the Council, the
State of Iowa, their employees, agents, or representatives, or the
United States, on account of any alleged patent or copyright infringe-
ment arising out of the performance of this Contract or out of the use
of any supplies furnished or work or services performed hereunder, the
Contractor agrees to furnish the Council, upon request, all evidence
and information in the possession of the Contractor pertaining to such
suit or claim. Such evidence and information shall be furnished at
the expense of the Council except where the Contractor has agreed to
indemnify the Council.
Section 15.0 Equipment
15.1 Definition - As used herein, the term "equipment" means
nonconsumable tangible personal property to be used in the performance
of the Contract, having an acquisition cost of five hundred dollars
($500) or more, and a useful life expectancy of greater than one (1)
year.
15.2 All property procurements with a unit value of five
hundred dollars ($500.00) or more must be approved in advance by the
Council. All property procurement by the Contractor shall be
according to standards stated in Office for Management and Budget
(OMB) Circular A-102, Attachments N h 0. The title of all property
purchased with a unit value of five hundred dollars ($500.00) or more
remains vested with the Council.
15.3 Upon request the Contractor shall provide the Council with
invoice(s) of property purchased. Such purchased property must
correspond with approved Contract items.
15.4 The Contractor will keep an inventory of the equipment in
their jurisdiction. Inventories must include the following property
characteristics: a) the serial number if applicable; b) the Contract
Number (if acquisition occurred as part of Contract); c) its
description; d) the date of acquisition; e) invoice number, if
purchased; f) the original purchase price; and g) the physical loca-
tion of the property.
15.5 The Contractor shall maintain a control system to insure
adequate safeguards to prevent loss, damage or theft to the property.
Any loss, damage, or theft of property shall be investigated, fully
documented and reported to the Council within sixty (60) calendar days
of the occurence.
15.6 The Contractor shall implement maintenance procedures to
keep all property in good condition. Maintenance costs in excess of
one-half (1) the estimated current fair market value of property shall
require prior Council approval. ,
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15.7 Upon termination of this Contract or upon Council need of the
property, all property shall be released to the Council. Appropriate
disposition instructions will be issued to the Contractor after the
Council's review.
Section 16.0 Assignment of Interest
Neither the Contract nor any interest therein nor claim
thereunder shall be assigned or transferred by the Contractor to any
other party or parties. Attempted assignment may be considered, at
the option of the Council, to be a substantial breach and cause for
termination within the meanings of Section 11.1 of the General
Conditions.
Section 17.0 Personnel
17.1 Selection - The Contractor represents that it has, or will
secure, all personnel required in performing the work and services
under this Contract. Such personnel shall not be employees of or have
any contractual relationship with the Council.
17.2 Qualification - All of the work and services required
hereunder will be performed by the Contractor or under its supervision
and all personnel engaged in the work shall be fully qualified and
shall be authorized under State and local law to perform such
services.
17.3 Change of Key Personnel - Any individual specified by name
under the article Key Personnel within the Special Conditions herein
is considered essential to the work and services to be performed. If
for any reason substitution for a specified individual becomes
necessary, the Contractor shall provide immediate written notification
of such to the Council. The Contractor shall provide the name and
resume of qualifications for the replacement individual. Any replace-
ment shall be subject to the approval of the Council.
Section 18.0 Effect of Invalidity
If any of the provisions herein shall be in conflict with the
laws of the State of Iowa, or shall be declared to be invalid by any
court of record in this state, such invalidity shall be construed to
affect only such portions as are declared invalid or in conflict
with the law and such remaining portions of the Contract shall remain
in effect and shall be construed as if such invalid or conflicting
portions were not contained herein.
Section 19.0 Litigation
19.1 The Contractor agrees to pay the cost of any litigation
arising from failure of the Contractor to comply with the conditions
or terms of this Contract or resulting from the negligence or incom-
petence of the Contractor. In carrying out the provisions of the
Contract or in exercising any power or authority otherwise, insofar as
it is authorized to do so by the laws of the State of Iowa.
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19.2 The venue for any cause of action based upon this Contract
by either party to this Contract, shall be in Polk County, Iowa, and
the law of the State of Iowa shall apply.
Section 20.0 Assurances
20.1 The Contractor hereby assures and certifies to comply with
the regulations, policies, guidelines, and requirements of Office for
Management and Budget (OMB) Circulars No. A-21, A-87 and A-110, and
47 CFR, No. 129, as they relate to the use of federal funds for this
project.
20.2 The Contractor shall not discriminate against any employee
or applicant for employment because of race, creed, color, religion,
national origin, sex, age, political belief, or handicap, in its
employment practices. Such employment practices may include, but are
not limited to, recruitment, recruitment advertising, hiring, layoff
or termination, promotion, demotion, transfer, rates of pay, training
and participation in upward mobility programs, or other forms of com-
pensation and use of facilities.
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20.3 The Contractor will send to each labor union or represent-
ative of workers with which it has a collective bargaining agreement
or other contract or understanding a notice advising the labor union
or representative of the Contractor's commitments under this non-
discrimination clause and shall post copies of the notice in conspic-
uous places available to employees and applicants for employment.
20.4 The Contractor will comply with all relevant provisions of
the Iowa Civil Rights Act, Iowa Executive Order 415 of 1973, Title VI
of the Civil Rights Act of 1964 (P.L. 88-352), Section 16 of the
i Federal Energy Administrative Act of 1974 (P.L. 93-275), Section 401
of the Energy Reorganization Act of 1974 (P.L. 93-438), Title IX of
the Educational Amendments of 1972, as amended (P.L. 92-318, P.L.
93-568, and P.L. 94-482), Section 504 of the Rehabilitation Act of
1973 (P.L. 93-112), the Age Discrimination Act of 1975 (P.L. 94-135),
Title VIII of the Civil Rights Act of 1968 (P.L. 90-284), the
Department of Energy Organization Act of 1977 (P.L. 95-91), and the
Energy Conservation and Production Act of 1976, as amended (P.L.
94-385)• The Contractor shall furnish all information and reports
requested by the Council and will permit access to its payroll and
employment records by the Council or the Council's grantor agency for
purposes of investigation to ascertain compliance with this non-
discrimination clause.
20.5 In the event of the Contractor's noncompliance with the
nondiscrimination clauses of this Contract, this Contract may be can-
celled, terminated or suspended in whole or in part and the Contractor
may be declared ineligible for further contracts with the Council. In
addition, the Council may take such further action, and such other
sanctions may be imposed and remedies invoked, as provided by the Iowa
Civil Rights Act, Chapter 601A, Code of Iowa 1977, as heretofore and
hereinafter amended, or as otherwise provided by law.
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20.6 The Contractor will include the provisions of subsections
20.1 through 20.5 hereof in every subcontract unless specifically
exempted by approval of the Council, so that such provisions will be
binding on each subcontractor and vendor. The Contractor will take
such action with respect to any subcontractor as the State may direct
as a means of enforcing such provisions including sanction for
noncompliance; provided, however, that in the event the Contractor
becomes involved in, or is threatened with, litigation with the sub-
contractor or vendor as a result of such direction by the State, the
Contractor may request the State of Iowa to enter into such litigation
to protect the interests of the State of Iowa.
Section 21.0 Contingent Fees
The Contractor warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for
the Contractor, to solicit or secure this Contract, and that it has
not paid or agreed to pay any company or person, other than a bona
fide employee working solely for the Contractor, any fee, gift, or any
other consideration, contingent upon or resulting from the award or
making of this Contract. For breach or violation of this warranty,
the Council shall have the right to annul this Contract without liability;
or, in its discretion, to deduct from the Contract price or consideration:
or otherwise recover, the full amount of such fee, commission, percen-
tage, brokerage fee, gift, or contingent fee.
Section 22.0 officers Not to Benefit
No officer or employee of the State shall participate in any
decision relating to this Contract which affects his or her personal
interest or the interest of any corporation, partnership, or association
in which he or she is directly or indirectly interested; or have any
interest, direct or indirect, in this Contract or the proceeds thereof.
Section 23.0 Audit Requirement
The Contractor shall submit a copy of its regularly conducted
annual audit(s), pursuant to OMB Circular A-102, Attachment p, to the
Council for the time period(s) encompassed by this contract. If this
audit is not performed or available, subsequent arrangements are to be
made with the Council.
APPENDIX B
PROFESSIONAL SERVICES - PROCUREMENT OF ARCHITECTURAL/
ENGINEERING SERVICES
AND
CONTRACT PROVISIONS
I. Professional Services
The competitive negotiation process is most suitable for procure-
ment of Energy Audit and/or Engineering Technical Analysis ser-
vices as well as engineering design services for the Energy
Conservation Measures. Briefly, this method involves the solici-
tation of proposals from several sources. The city or county
evaluates the competitors' qualifications and the most qualified
competitor is selected, subject to the negotiation of fair and
reasonable compensation. Under this method, the best proposal is
not necessarily the lowest cost proposal, as the breadth and
level of detail in a higher cost proposal may be suited to the
needs of the project. Documentation of the procurement process
must be kept.
The fact that a competitive process must be followed necessitates
the grantee obtaining an estimate of technical analysis or design
costs in advance of final selection of the technical analyst or
engineer doing the design work.
The following should be used in the award of Energy Audit,
Engineering Technical Analysis contracts or
architectural/engineering design contracts:
1) Estimated Total Costs Under $10,000. The city or county
should solicit a proposal from at least three qualified
individuals or firms. Qualifications should be evaluated
and the most qualified firm or individual selected, sub-
ject to negotiation of fair and reasonable compensation.
The city or county is not required to advertise the work
but may wish to write a formal Request for Proposals
(see Attachment 1 for suggested format for Request for
Proposals).
2) Estimated Total Costs over $10,000. A formal Request for
Proposals (RFP) or Official Notice must be published
requesting interested individuals or firms to respond.
Competitive negotiation procedures should be followed to
select the best proposal. If after advertising, less
than three proposals are received, the city or county
should follow the procedures outlined in 1) above.
3) Engineering Technical Analysis (TA) versus engineering
design services for Energy Conservation Measures. The
architectural/ engineering services to perform the tech-
nical analysis and the energy conservation measure design
services are separate phases of work. Therefore,
a seaarate procurement action is required for each phase,
an�oriate procedures eontained in 1 or 2 above
must be followed.
. 10
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Additionally, the architectural/engineering firm that
develops the energy conservation measure design work is
prohibited from competing for installation of the energy
conservation measures.
It is the granteefs responsibility to maintain adequate
records as evidence that the proper procurement proce-
dures were followed for all costs incurred under a grant.
II. Contract Provisions
Federal requirements vary based on size and type of contracts
being awarded. Those addressed here are categorized based on
dollar amounts:
Contracts for less than $ 2,000 - Sample A
Contracts for more than $ 2,000 - Samples B and A
Contracts for more than $10,000 - Samples C, B and A
Contracts for more than
$100,000 - Samples D, C, B, and A
These contract provisions must be reviewed with subcontractors
and included in any contract written based on the dollar amount
involved (see above).
Procurement Standards Other than Professional Services
Procurements, including contracts, must be in accordance with
Attachment 0 of OMB A-102. The following highlights of
Attachment 0 are provided for your convenience. They do not
relieve recipients of compliance with all provisions of
Attachment 0.
Recipients may use their own procurement policies and procedures
provided that they meet the minimum standards of Attachment 0 of
OMB Circular A-102, as applicable to recipient group. In part,
these standards provide for the following:
it
(1) The recipient shall maintain a code or standards of con-
duct which prohibits nepotism and organizational
conflicts of interest.
(2) All procurement transactions shall -be conducted in a
manner to provide, to the maximum extent practical, open
and free competition. Contractors that develop or draft
specifications, requirements, statements of work, invi-
tations for bids and/or requests for proposals shall be j
excluded from competing for such procurements. Awards
shall be made to the bidder/offeror whose bid/offer is
responsive to the solicitation and is not advantageous
to the recipient, price and other factors considered.
i
(3) All recipients shall have, or shall establish procure-
ment procedures that provide for, at a minimum, the
following procedure requirements:
(a) The avoidance of purchasing unnecessary or duplica-
tive items.
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(b) Solicitations for goods and services shall be based
upon a clear and accurate description of the tech-
nical requirements for the material, product or
service to be procured and shall not contain
features which unduly restrict competition.
(c) Affirmative steps shall be made by the recipients
to utilize small business and minority-owned busi-
ness sources of supplies and services.
(d) The type of procuring instruments used must be
appropriate for the program involved. The
"cost -plus -a -percentage -of -cost" method of
contracting shall not be used.
(e) Contracts shall be made only with responsible
contractors who possess the potential ability to
perform successfully under the terms and conditions
of a proposed procurement.
(f) All proposed sole source contracts or where only
one bid or proposal is received in which the aggre-
gate expenditure is expected to exceed $5,000 shall
be subject to prior approval of the Department of
Energy. Sole source occurs only after competitive
procurement procedures have been followed and only
one bid has been received.
(g) Some form of price or cost analysis should be made in
connection with every procurement action.
(h) A system for contract administration shall be main-
tained to ensure contractor conformance with terms,
conditions and specifications of the contract, and
to ensure adequate and timely followup of all
purchases.
(i) The procurement solicitation cannot restrict com-
petition by giving preference to local potential
bidders (i.e., within the state).
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Sample A - Required provisions for all contracts, regardless of
dollar amount.
Attachment
Laws and Regulations
The Contractor shall give all notices and comply with all
laws, ordinances, rules, regulations, and lawful orders of the
Department of Energy bearing on the performance of the work.
The Contractor further agrees to comply with any other appli-
cable Federal, State, or Local laws, regulations, ordinances and
rules.
I
Conflict of Interest
The Contractor will prohibit its employees from using their
positions for a purpose that is or gives the appearance of being
motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other
ties.
Sample B - Required provisions for contracts in excess of $2,000
(Davis -Bacon Act applies only to construction
contracts over $2,000 only if the total energy conser-
vation measure cost for a building is more than
$5,000.
Attachment _
Copeland "Anti -Kickback" Act
The Contractor is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which
she/he is otherwise entitled (18 USC 874 and 29 CFR, Part 3).
Davis -Bacon Act
The Contractor will comply with the provisions of the
Davis -Bacon Act (40 USC 276a -a7), as supplemented by Department
of Labor regulations (29 CFR, Part 5), which require the
Contractor to pay wages to laborers and mechanics at a rate not
less than the minimum rates specified in a wage determination
made by the Department of Labor. The Contractor shall also pay
employees for this project, not less than once per week, the full
amount due without subsequent reduction or rebate. The
Contractor also agrees to submit to the institution report Form
347 weekly until the project is completed and to post Department
of Labor wage determinations at the job site.
Contract Work Hours and Safety Standards Act
The Contractor will comply with Section 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 USC 327-330) as
supplemented by Department of Labor regulations (29 CFR, Part 5)
which require the Contractor to complete the wages of every
mechanic and laborer on the basis of a standard work week of 40
hours, and to compensate at a rate not less than 1 1/2 times the
basic rate of pay for all hours worked in excess of 8 hours in
any calendar day or 40 hours in the work week. The Act also
requires that no laborer or mechanic be required to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health and safety as determined under
construction, safety and health standards promulgated by the
Secretary of Labor.
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Sample C - Required provisions for contracts in excess of $10,000
Attachment _
Equal Employment Opportunities
The Contractor shall comply with Executive Order 11246,
entitled "Equal Employment Opportunity," as amended by Executive
Order 11375, and as supplemented in Department of Labor regula-
tions (41 CFR, Part 60), which specifies that the Contractor
shall not discriminate in employment practices on the ground of
race, color, national origin, sex, age, or handicap. The
Contractor further agrees to post Equal Employment Opportunity
posters at the job site.
Provisions for Termination
The parties agree to terminate this Contract as follows:
a. If, through any cause, the Contractor shall fail to
fulfill in timely and proper manner obligations under
this Contract, or if the Contractor shall violate any of
the covenants, agreements, or stipulations of this
Contract, the Owner shall there upon have the right to
terminate this Contract by giving written notice to the
Contractor of such termination and specifying the effec-
tive date thereof. In that event, all finished or un-
finished data, studies, reports or other material
prepared by the Contractor under this Contract shall, at
the option of the Owner become its property, and the
Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work
completed on such documents. Notwithstanding the above,
the Contractor shall not be relieved of liability to the
Owner for damages sustained by the Owner by virtue of any
breach of the Contract by the Contractor for the purpose
of setoff until such time as the exact amount of damages
due the Owner from the Contractor is determined.
b. The Owner may terminate this Contract upon thirty days
written notice to the Contractor in•the event the U. S.
Department of Energy, or the Owner fails to appropriate
sufficient funds to meet its obligations under this
Contract. In such event, the Contractor shall be
entitled to receive just and equitable compensation for
any satisfactory work completed up to the time of
termination.
Provisions for Administrative, Contractual, or Legal Remedies
With ten (10) days after final completion of the work and
before final acceptance thereof, a final inspection shall be made
by the Owner or his designated representative to determine
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whether the work has been completed in accordance with the
Contract Documents. A written Report of Inspection, certified as
to contents and date of inspection, shall be completed by the
Owner and/or his/her designated representative and delivered or
mailed to the Contractor.
All prior estimates and payments shall be subject to correc-
tion in the final estimate and payment. When the work has been
certified as satisfactory and approved by the authorized repre-
sentative of the Owner, it shall be deemed accepted as of the
date of the issuance of the Owner's Certificate of Completion.
Upon submission of the final estimate, the time of final
settlement for the work shall be set. Final payment and settle-
ment in full shall be made at the time of final settlement, or as
soon thereafter as practicable.
Neither the final payment nor any part of any sums withheld
shall become due until the Contractor delivers to the Owner
receipts showing complete payment for all labor, materials,
supplies and equipment expended upon or incorporated in the work
under the Contractor's Contract with the Owner. If any unpaid
claim for such labor, materials, supplies or equipment is filed
with the Owner before payment, in full of all sums due the
Contractor, the Owner shall withhold.from the Contractor suf-
ficient funds to insure the payment of such claim, until the same
shall have been paid or withdrawn, such payment of withdrawal to
be evidenced by filing with the Owner a receipt in full or an
order for withdrawal signed by the claimant or his/her duly
authorized agent or assignee.
However, as provided by statute, such funds shall not be
withheld longer than ninety days following the date fixed for
final settlement with the Contractor, as set forth in the
published Notice of Contractor's Settlement, unless an action
shall be commenced within that time to enforce such unpaid claim
and a Notice of Lis Pendens be filed with the Owner. At the
expiration of such ninety day period, the Owner shall pay the
Contractor such moneys and funds as are not the subject to suit
and a Notice of Lis Pendens and shall retain thereafter, subject
to the final outcome thereof, only sufficient funds to insure the
payment of such judgement as may result from such suit.
If any claim for such labor, materials, supplies or equipment
remains unsatisfied after all payments are made by the Owner to
the Contractor, the Contractor shall refund to the Owner all sums
which the latter may for any reason be compelled to pay to
satisfy such claim, including all costs and attorney's fees
incurred by the Owner as a result of the Contractor's default in
such respect.
The making and acceptance of the final payment shall not
constitute a waiver of any claims by the Owner, including, among
other things, those arising from unpaid claims, from faulty work
appearing after final payment or from failure to comply with
requirements of the Contract Documents.
M
i. .
Warranties. Each Contractor shall, in case of work performed
for which warranties are required by the specifications, secure
the required warranties and deliver copies thereof to the Owner
upon completion of the work. These warranties will not in any
way lessen the Contractor's responsibilities under his Contract.
Whenever guarantees or warranties are required by the specifica-
tions for a longer period than one year, such longer periods
shall govern.
In addition to warranties, guarantees, operating instruc-
tions, etc., elsewhere specified, the Contractor, at the conclu-
sion of the work and before final payment is made, shall furnish
a listing, giving names, addresses, and telephone numbers of all
subcontractors and material suppliers who furnished labor or
materials on the job with identification of the services ren-
dered. There shall be provided three copies for the Owner.
Guarantee After Completion. The Contractor expressly
warrants and guarantees that the project will be constructed in a
first-class, professional workmanlike manner; that it will be
safe, free from structural, professional workmanship or material
defects and the improvements will be suitable and fit for occu-
pancy and for the purpose for which they were intended.
Neither payment of any estimate nor of any sum withheld from
the Contractor shall relieve the Contractor of responsibility for
his warranty or for faulty materials or workmanship, and, unless
otherwise agreed, he/she unconditionally agrees to remedy any
defects due thereto, and pay for any damages resulting therefrom,
which shall appear within a period of two (2) years from the date
of final payment and final acceptance of his work.
If the Contractor fails to promptly correct all deficiencies
and defects, the Owner may do so itself, after giving the
Contractor ten (10) days written notice of its intention to do
so. The Owner shall be entitled to collect from the Contractor
all costs and expenses incurred by it in correcting such defi-
ciencies and defects, as well as all damages resulting from such
deficiencies and defects. The guarantee and warranties of the
Contractor are in addition to and not in lieu of any other reme-
dies available to the Owner.
Access to Records
The Contractor agrees that the Grantee/Owner., the U. S. .
Department of Energy, the Comptroller General of the United
States, the Iowa Energy Policy Council, or their authorized
representatives, shall have access to any books, documents,
papers and records of the Contractor which are directly pertinent
to the specific contract and grant program for the purpose of
making audits, examinations, excerpts and transcriptions. The
Contractor must also maintain all required records for three
years following final payment.
/990
1 �
L
I
10 '.
i
Sample D - Required provisions for contracts in excess of
$100,000
Attachment _
Construction contracts in excess of $100,000 shall contain, in
addition to the provisions listed above, two additional
provisions:
Bonding
The Contractor shall comply with bonding requirements as set
forth in Attachment B of OMB Circular A-102); and
Standard Provisions
The Contractor shall be in compliance with applicable stan-
dards, orders or regulations issued pursuant to the Clean Air
Act of 1970 (40 U.S.C. 1857 et seq.), the Federal Water
Pollution Control Act (33 O.S.C. 1251 et seq.) as amended,
and the Environmental Protection Agency regulation (40 CFR,
Part 15)•
10 '.
i
1
t
Sample D - Required provisions for contracts in excess of
$100,000
Attachment _
Construction contracts in excess of $100,000 shall contain, in
addition to the provisions listed above, two additional
provisions:
Bonding
The Contractor shall comply with bonding requirements as set
forth in Attachment B of OMB Circular A-102); and
Standard Provisions
The Contractor shall be in compliance with applicable stan-
dards, orders or regulations issued pursuant to the Clean Air
Act of 1970 (40 U.S.C. 1857 et seq.), the Federal Water
Pollution Control Act (33 O.S.C. 1251 et seq.) as amended,
and the Environmental Protection Agency regulation (40 CFR,
Part 15)•
ATTACHMENT 1
PRELIMINARY ENERGY AUDIT AND ENERGY AUDIT
and/or
TECHNICAL ANALYSIS
REQUEST FOR PROPOSALS FORMAT
A. Objective
seeks or000sals to conduct a
Analysis) at its (Building name or names) to identlry ana
recommend operation and maintenance improvements, and
energy conservation measures in these facilities.
B. Purpose
The purpose is to achieve immediate and long-term energy
savings in these facilities by analyzing the
building envelope, lighting, mechanical systems, power
plants, and heating, ventilating and air conditioning
systems.
C. Eligibility
(For Preliminary Energy Audit and Energy Audit work only, use
the following:)
Persons with training in energy auditing, or who have
attended approved workshops, or are qualified technical
analysts are eligible.
(If the Technical Analyst is to conduct the Preliminary
Energy Audit/Energy Audit and Technical Analysis, use the
following:)
Applicants with expertise and experience in energy
conservation and who have the services of a registered
engineer or a registered architect who is part of an
architect/engineer team (i.e. are qualified Technical
Analysts) are eligible. Applicants with experience in
technical analysis and energy conservation measures are
preferred.
D. (City/County name) Participation
Participation by the (City/County name) will be limited
to providing an employee to guide the auditor or analyst
through each facility, a review of required reports, and
payment for satisfactory work.
E. (City/County name) Contact Person
Name
Address
Telephone
F: Deadlines
Proposals must be received by the (Cit /Count name)
no later than (time and date) T ey w be opened at
that time in preparation ora decision by the review commit-
tee at their meeting on (date)
G. Basis for Contract Award
(Cit /Count name) will award one contract for the
buildings listed in this Request for Proposal. The
contractor selected by the administration will be required to
meet all state and federal requirements foract contracting
depend with
the d will
(City/County name)
awar
upon satisfactory negotiation of the terms of the contract.
The following criteria will be used to select the
contractor:
t. Conformance with the scope of work (20 points);
2. Cost of the proposal (20 points);
3. (For Energy Audit perience buildingand facilities;eORn
conducting energy audits on
(For Energy Audit and Technical Analysis) Experience,
knowledge and success record in conducting technical
analysis on building facilities (20 points);
4. Completion date of the project (20 points); and
5. Staff assessment of contractor (20 points).
H. Sc22e of Work (Choose the appropriate section below)
(For Preliminary Energy Audit and Energy Audit)
The Contractor shall perform an on-site analysis of the faci-
lity. The audit shall include, as a minimum, for each
building:
All Audithformformation provided byecified on (City/CountyePreliminary Energy
name).
2. An energy audit consisting of a.review or recommendation
of:
(a) major changes
ncluse r mode of operation
plannedfor
h as
(b) terminal heating and ventilators, fan coil cunits, orooling edouble aduct oit
reheat
systems;
M!
(c) general building conditions;
(d) energduresythatshavetion beenoperation implementeddinmaintenance proce-
dures
(e) appropriate energy conservation operation and main-
tenance procedures on the basis of an on-site
inspection with a general estimate of energy and cost
savings, if practicable;
(f) the need for the acquisition and installation of
energy conservation measures and potential for
retrofit;
(g) whether building conditions or characteristics pre-
sent an opportunity for use of solar heating and
cooling systems or solar hot water systems;
(h) the need for major changes requiring technical analy-
sis prior to implementation.
3. Two copies of the final report and audit forms shall
be submitted to (City/County name)
4. The Contractor shall review the results of the energy
analysis with the designated ( City/County name) repre-
sentative.
5. The Contractor shall complete all the energy audits
within 120 days of approval of the contract. The final
report shall be submitted on or before (Date)
(Optional:)
6. The Contractor shall assist the (City/County name)
establish an energy accounting system or record ng con-
sumption data.
(For Technical Analysis)
The contractor shall perform an on-site analysis of the faci-
lity(s).
1. The analysis shall be performed by an authorized tech-
nical analyst. The analysis shall include as a minimum
a study of:
(a) The materialsation withinalue of the the buildingXenveloinsulation
envelope.
(b) Efficiency and operation of heating, ventilation,
and air conditioning (HVAC) systems.
(c) Overall integrity of the building envelope with
respect to energy efficiency.
(d) Efficiency of lighting systems.
N
;I
(e) Any possible heat stratification problems.
(f) Power distribution systems, if applicable.
(g) Possible load shedding or load management oppor-
tunities.
(h) Boiler combustion efficiency, if applicable.
(i) Steam distribution system, if applicable.
(j) Energy recovery opportunities.
2. Two copies of each analysis prepared by the registered
engineer/architect shall be submitted and shall include
as a minimum the following:
(a) Name and location of facility to be audited.
(b) The date(s) the audit was conducted.
(c) A summary of existing equipment and conditions under
consideration.
(d) A list of recommended operational and maintenance
improvements which shall include:
(1) Description of operation and maintenance pro-
cedure in a narrative format, understandable by
non-technical managers.
(2) Reason for recommending operation and main-
tenance improvements.
(3) Costs and savings resulting from implementation
of the recommended operation and maintenance
improvements.
(4) Any possible impact on atmosphere or health and
safety of building staff.
(5) Calculations used to determine costs and
savings including assumptions made and method(s)
of calculation.
(e) A list of recommended energy conservation measures
shall be developed which shall include:
(1) Narrative description of reasons for imple-
menting energy conservation measure, written so
non-technical managers can understand the logic
behind the recommendations and the projected
results of recommendations.
(2) Cost of implementing the energy conservation
measure.
(3) Projected yearly savings of the energy conser-
vation measure and any additional maintenance
cost.
.E
S
(4) Rate of return of the energy conservation
f measure using simple payback period and savings
investment ratio, and life expectancy of equip-
ment.
(' (5) Calculations or criteria used to determine:
f
(a) Feasibility of the energy conservation
measure.
(b) Cost of the energy conservation measure.
(c) Savings resulting from the energy conser-
vation measure.
(d) Additional maintenance costs of the energy
conservation measure.
(6) Any assumptions made and method(s) of calcula-
tion of costs and savings.
t
(7) A list of equipment that may be used to imple-
ment the energy conservation measure.
(8) Any possible impact on existing building
atmosphere or health and safety of staff.
3. Two copies of the final report shall be submitted to
the (City/County name)
4. The Contractor shall review the results of the energy
analysis with the designated (City/County name)
representative.
5. The Contractor shall complete all work within 120 days
of approval of the contract. The final report
shall be submitted on or before (Date)
(Optional:)
6. The Contractor shall assist the (City/County, name)
establish an energy accounting system for recording con-
sumption data.
(If a Preliminary Energy Audit, Energy Audit and Technical
Analysis are all to be completed by the same Contractor, com-
bine both of the above sections, but list H.3, H.4, H.5,
and H.6 only once.)
i
I. Format for Submission
All proposals must be submitted in the format specified on
the enclosed sheet. (The format is purposely general to
cover all situations; hence, not -applicable items should be
Ignored.)
Name Title
Date
/ M)
1
i
REQUEST FOR PROPOSALS
Format for Submission
Two copies of each proposal shall be submitted, containing:
1. Objectives of the proposal
2. A brief narrative describing the project to be funded
3. Biographical information
a. Statement of qualifications
b. Conflict of interest statement
4. audits
analysesive recentlyngs of completedebyntheyr technical
applicant
5. Proposed work plan and timetable of activities
6. Scope of the proposal
(For Energy Audit only)
a. Preliminary Energy Audit form
b. Energy Audit and Operation and Maintenance Procedures
(For Technical Analysis only)
a. Review of Operation and Maintenance Procedures
b. Energy Conservation Measures
(For Energy Audit and Technical Analysis combined
contract)
a. Preliminary Energy Audit
b. Energy Audit and Operation and Maintenance Procedures
c. Energy Conservation Measures
7. An itemized proposal budget including:
a. Description
b. Budget
e. An authorized signature
d. Date proposal is submitted
;7
City of Iowa City
MEMORANDUM
Date: October 29, 1985
To: City Council
From: Dale Helling, Assistant City Manager
James Schoenfelder, Energy Coordinator
Re: Iowa Energy Policy Council's Community Grants Program for Energy
Conservation
In March of 1985 the City of Iowa City submitted a proposal to the Iowa
Energy Policy Council (IEPC) for 50 percent matching funds for various
energy conservation projects. In review the programs proposed were:
A. The purchase of a personal computer and associated energy management
software.
B. The purchase and installation of an Energy Management System (EMS) for
the Senior Center.
C. The purchase of a flue gas analyzer to check boiler and furnace
combustion efficiencies.
D. The purchase of a light meter to check work place light levels.
E. Funding for approximately 63 identified Energy Conservation Measures
(ECU's) on 15 different City buildings.
F. Funds to help offset the cost of updating the Technical Analysis
studies for 18 City buildings.
G. Funds to establish a community wide light bulb replacement program
where inefficient incandescent bulbs are replaced by more efficient
bulbs for the elderly and low-income citizens of Iowa City.
H. Research of an ordinance requiring all buildings sold and constructed
in Iowa City to post an Energy Efficiency Index so that potential
buyers would be aware of the building's relative energy efficiency.
I. Establishing an Intra -City Shared Savings Program or Energy Savings
Payback Fund where the various City departments may borrow money from
the fund for energy conservation measures to be paid back out of
avoided fuel cost.
The City was sent the final contract on October 25, 1985, for $94,590
by from the IEPC to be matched by Iowa City. The IEPC modified our proposal
of including an the1981Wastento EnergytStudy for thbothtof whichm
mthe City had submitted
under separate proposals earlier in the year. In addition, the IEPC
required more Energy Coordinator time to be spent on program reporting and
M
!0
PAGE 2
community program promotion, the net result of which is that the Energy
Coordinator position would be required to go from one-half time to
three-quarter time for the remainder of this fiscal year.
The IEPC also emphasized that funding depended upon the implementation of
item I above; establishing an Energy Savings Payback Fund (ESPF). The
following is a description of the ESPF.
Energy Savings Pa back Fund (ESPF): Grant monies made available for
nergE�rvat easures s must be placed in a revolving fund to
be solely used for ECMs. This Energy Savings Payback Fund (ESPF) will
operate in a manner similar to the following sample:
I
It has been determined that the replacement of the gym incandescent
fixtures with Metal Halide lights at the Recreation Center will cost
$4,775 and save $4,558 of fuel the first year of operation. Recreation
would borrow 4,775 from the ESPF and replace the light fixtures. Recrea-
tion would then repay the ESPF by an annual amount for the payback period
using the following formula:
1. Initial Cost +1 = Payback Period*
nua avings
2. Initial Cost + Annual Savings = Annual Payback Amount
ay ac erto
*Always rounded up to the next whole number.
Using the previous sample, we have:
(4,775 - 4,558) + 1 = 3 (or 2.05 rounded up)
($4,715 + $4,558) - 3 = $3,111
Therefore, for each of the next three years, Recreation would repay
the ESPF $3,111 and then nothing more. Note that if Recreation had
not borrowed the money and had not installed the new light fixtures,
it would have had to budget $4,558 (plus fuel escalation cost) for the
fuel, each year for the next three years and every year after. By
borrowing the $4,775 for ECMs, Recreation will have reduced its budget
the following three years by at least $1,447 per year.
If every ECM is funded and repaid in this manner, the ESPF will
continue to grow. This is very important since as the quick payback
lower cost ECMs are exhausted, the remaining ECMs will cost more and
take longer to pay back. Obviously, the quicker money for ECMs is
available, the greater the return on investment for the City.
The ESPF is simply a method whereby ECMs are paid for out of fuel savings.
With this method of payment the ESPF continues to grow while departmental
operating budgets continue to decline. The advantages of this method are:
1. The energy conservation program of the entire City (every department
and enterprise fund) can be optimized since all ECMs must be funded
through the ESPF and ESPF makes loans on the basis of fastest pay-
back.
04,
r
PAGE 2
community program promotion, the net result of which is that the Energy
Coordinator position would be required to go from one-half time to
three-quarter time for the remainder of this fiscal year.
The IEPC also emphasized that funding depended upon the implementation of
item I above; establishing an Energy Savings Payback Fund (ESPF). The
following is a description of the ESPF.
Energy Savings Pa back Fund (ESPF): Grant monies made available for
nergE�rvat easures s must be placed in a revolving fund to
be solely used for ECMs. This Energy Savings Payback Fund (ESPF) will
operate in a manner similar to the following sample:
I
It has been determined that the replacement of the gym incandescent
fixtures with Metal Halide lights at the Recreation Center will cost
$4,775 and save $4,558 of fuel the first year of operation. Recreation
would borrow 4,775 from the ESPF and replace the light fixtures. Recrea-
tion would then repay the ESPF by an annual amount for the payback period
using the following formula:
1. Initial Cost +1 = Payback Period*
nua avings
2. Initial Cost + Annual Savings = Annual Payback Amount
ay ac erto
*Always rounded up to the next whole number.
Using the previous sample, we have:
(4,775 - 4,558) + 1 = 3 (or 2.05 rounded up)
($4,715 + $4,558) - 3 = $3,111
Therefore, for each of the next three years, Recreation would repay
the ESPF $3,111 and then nothing more. Note that if Recreation had
not borrowed the money and had not installed the new light fixtures,
it would have had to budget $4,558 (plus fuel escalation cost) for the
fuel, each year for the next three years and every year after. By
borrowing the $4,775 for ECMs, Recreation will have reduced its budget
the following three years by at least $1,447 per year.
If every ECM is funded and repaid in this manner, the ESPF will
continue to grow. This is very important since as the quick payback
lower cost ECMs are exhausted, the remaining ECMs will cost more and
take longer to pay back. Obviously, the quicker money for ECMs is
available, the greater the return on investment for the City.
The ESPF is simply a method whereby ECMs are paid for out of fuel savings.
With this method of payment the ESPF continues to grow while departmental
operating budgets continue to decline. The advantages of this method are:
1. The energy conservation program of the entire City (every department
and enterprise fund) can be optimized since all ECMs must be funded
through the ESPF and ESPF makes loans on the basis of fastest pay-
back.
04,
PAGE 3
2. rlather7than only tinualavailablavailable
during thesnextthey
f fiscaloccur
yearand
afterneeded
budget
requests.
3. ECMs are paid for by fuel savings, not additional budget requests.
4. Utility bills continue to decline or at least would not escalate as
rapidly as they would without the ESPF.
From the preceding discussion, it is apparent that in order to obtain the
$94,590 grant the City must agree to two conditions. The first is that
the Energy Coordinator position be increased to three-fourths time for the
remainder of the fiscal year. The second is that the City agree to
establish an ESPF similar to that described.
cc: Resources Conservation Commission
Department Heads
bdw/sp
Ald
T,
W
RESOLUTION N0. 85-319
✓'
A RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE CITY
ADMINISTRATIVE OFFICES.
WHEREAS, Resolution No. 85-60 adopted by the City Council on March 12, 1985,
establishes an operating budget for FY86 and authorizes all permanent posi-
tions, and
WHEREAS, the City has entered into an agreement with the Iowa Energy Policy
Council to receive matching grant funds in the amount of $94,590, and
WHEREAS, timely completion of the grant program will require additional work by
the Energy Coordinator, and
WHEREAS, it is thus necessary that the position of Energy Coordinator be
increased to three-quarter time for the remainder of the current fiscal year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the
authorization of personnel in the City Administrative Offices is amended by:
1. The deletion of one half-time Energy Coordinator.
2. The addition of one three-quarter time Energy Coordinator.
BE IT FURTHER RESOLVED that effective June 28, 1986, that the classified pay
plan be amended by:
1. The deletion of one three-quarter time Energy Coordinator.
2. The addition of one half-time Energy Coordinator.
It was moved by Ambrisco and seconded by Zuber the Resolution be
adopted, and upon ro ca ere were:
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
X DICKSON
_ —X— ERDAHL
X MCDONALD
X STRAIT
X ZUBER
Passed and approved this 4th day of November , 1985.
9�
ATTEST:
CI CLERK
7y 5- L-1
:anP
i
- Posted: 11/1/85 @ 2:10 p.m.
R2movd: al6/P5e 9.'2oo,m.
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
ORIGINAL
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: November 4, 1985
Time of Meeting: 6:30 P.M.
Place of Meeting: Council Chambers, Civic Center, 410 E.
Washington St., Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
Resolutions in connection with the FY1986 Sidewalk
Assessment Project.
- Resolution accepting work.
- Resolution ordering preparation of
final plat and schedule of assessments.
Such additional matters as are set forth on the addi-
tional 2 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor
pursuant to Chapter 21, Code of Iowa, and the local rules of
said governmental body.
n.v� 4 . 71A1,
City Clerk, Iowa City, Iowa
MeM Cin, oon [M fbm a th a Mln , U• o and 1w
November 4 , 1985
The City Council of Iowa City, Iowa, met in _special
session, in the Council Chambers, Civic Center, 410 E.
Washington St., Iowa City, Iowa, at 6:30 o'clock P :M., on the
above date. There were present Mayor 6kDonald in
the chair, and the following named Council Members:
Ambrisco, Baker, Dickson, McDonald, Strait, Zuber.
Absent: Erdahl
-1-
MPM Cavy, IM [K Hoy .. S hh 6 Alfb .. I,+yn. Dn A4by., bn
F
I
Council MemberAmbrisco introduced the
following Resolution entitled "RESOLUTION ACCEPTING WORK" and
moved its adoption. Council Member Dickson seconded
the motion to adopt. The roll was called and the vote was,
AYES: Baker, Dickson, McDonald, Strait, Zuber, Ambrisco
ABSENT: Erdahl
NAYS:
Whereupon the Mayor declared the following Resolution duly
adopted:
85-320
RESOLUTION ACCEPTING WORK
WHEREAS, on July 17, 1985, Iowa City, Iowa, entered into
contract with Wolf Construction, Inc. of Iowa City, Iowa, for
the construction of the FY1986 Sidewalk Assessment Project,
within the City, as therein described; and
WHEREAS, said contractor has fully completed the con-
struction of said improvements, known as the FY1986 Sidewalk
Assessment Project, in accordance with the terms and conditions
of said contract and plans and specifications, as shown by the
certificate of the Engineer filed with the Clerk on
November 1 , 1985:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That said report of the Engineer be and the
same is hereby approved and adopted and said improvements are
hereby accepted as having been fully completed in accordance
with the said plans, specifications and contract. The total
contract cost of the improvements payable under said contract
is hereby determined to be $ 36,719.37
Section 2. The total project cost including construction,
enginee�legal and administrative costs is determined to be
$ 38,415,18
- 2-
ANm. [owxy, Doneilet IIgNG "th I All ,,
PASSED AND APPROVED this 4th day of November
1985.
117 ayor
Y-�
I
i
PASSED AND APPROVED this 4th day of November
1985.
117 ayor
Y-�
I
I
PASSED AND APPROVED this 4th day of November
1985.
117 ayor
Y-�
1-'
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA UY, IOWA 52240 (319) 356-50017
ENGINEER'S REPORT
October 30, 1985
Honorable Mayor $ City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed below
have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City.
Sidewalk Assessment Project - FY86 as constructed by Wolf
Construction of Iowa City, Iowa.
I hereby recommend that the above-mentioned improvements be accepted by
the City of Iowa City. Total project cost of the improvements is
$38,415.18 of which $9,771.10 will be assessed to the adjoining property
owners.
Re ectfullybmi, ed,
N' TLr.0-�
Frank K. Farmer, P.E.
City Engineer
FKF/mk
FLED
NO'/ 1 AF
MARIAN K. (CARR
CITY CLERK (1.)
is
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s
I
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Council Member Zuber introduced the
following Resolution entitled "RESOLUTION ORDERING PREPARATION
OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved.its
adoption. Council Member Dickson seconded the motion
to adopt. The roll was called and the vote was,
AYES: Dickson McDonald Strait, Zuber, Ambrisco, Baker
ABSENT: Erdahl
NAYS: None
Whereupon the Mayor declared the following Resolution duly
adopted:
85-321
RESOLUTION ORDERING PREPARATION OF FINAL
PLAT AND SCHEDULE OF ASSESSMENTS
BE IT RESOLVED, that the Engineer is hereby instructed to
prepare a final plat and schedule showing the separate lots or
parcels of ground subject to assessment for the cost of the
FY1986 Sidewalk Assessment Project, together with the names of
the owners thereof, so far as practicable, and the amount
assessable by law against each lot or parcel of ground so
assessable, and against any railway or street railway legally
assessable therefor, and $9,771.10 of the whole amount of the
cost of said improvements shall be assessed against the
benefited properties, but not in excess of the amounts so
assessed in the preliminary plat and schedule for the
improvement, and filed in the office of the Clerk.
PASSED AND APPROVED this 4th day of Novembe_. r---'
1985.
ayor
ATTEST:
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4-85
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do
hereby certify that attached is a true and complete copy of
the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and
complete copy of the action taken by said Council with respect
to said matter at the meeting held on the date indicated in
the attachment, which proceedings remain in full force and
effect, and have not been amended or rescinded in any way;
that meeting and all action thereat was duly and publicly held
in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council
and posted on a bulletin board or other prominent place easily
accessible to the public and clearly designated for that pur-
pose at the principal office of the Council (a copy of the
face sheet of said agenda being attached hereto) pursuant to
the local rules of the Council and the provisions of Chapter
21, Code of Iowa, upon reasonable advance notice to the public
and media at least twenty-four hours prior to the commencement
of the meeting as required by said law and with members of the
public present in attendance; I further certify that the indi-
viduals named therein were on the date thereof duly and
lawfully possessed of their respective city offices as indi-
cated therein, that no council vacancy existed except as may
be stated in said proceedings, and that no controversy or
litigation is pending, prayed or threatened involving the
incorporation, organization, existence or boundaries of the
City or the right of the individuals named therein as officers
to their respective positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 4th day of November , 1985.
SEAL
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Cit3r Clerk, Iowa City, Iowa
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