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HomeMy WebLinkAbout1985-12-17 ResolutionRESOLUTION NO. SS -353 RESOLUTION ADOPTING SUPPLEMENT NUMBER 26 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA WHEREAS, the Municipal Code Corporation has prepared the 26th supple- ment to the Code of Ordinances of the City of Iowa City, Iowa, and, WHEREAS, it is deemed appropriate to adopt supplement number 26 by resolution as a part of the said Code of Ordinances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number 26 to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by this reference made a part hereof, is hereby officially adopted as a part of the said Code of Ordinances. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson X — Erdahl McDonald Strait X Zuber Passed and approved this 17th day of December, 1985 0 ATTEST: 770-• - _ -- 1�. MIT -CLERK � Approv�d�t h a k9'tl W Mont ■ RESOLUTION NO. 85-354 RESOLUTION ESTABLISHING A POLICY THAT SPOUSES AND RELATIVES OF CITY COUNCILMEMBERS, PERSONS ALREADY SERVING AS BOARD OR COMMISSION MEMBERS, AND MEMBERS OF COMPARABLE COUNTY BOARDS OR COMMISSIONS SHALL NOT BE ELIGIBLE FOR APPOINTMENT TO CITY BOARDS OR COMMIS- SIONS. WHEREAS, the various City Boards and Comnissions have been established to provide advice and assistance to the City, and to perform certain statutorily assigned tasks in some instances; and WHEREAS, it is desirable that the members of each Board or Commission be independent of the City Council, of other Boards and Commissions, and of other local governmental units, and that the members of said Boards and Commissions exercise free and unbiased judgment in addressing the issues and tasks before them; and WHEREAS, this City Council has determined that it would be appropriate and in the best interests of the City of Iowa City to formally establish and adopt a policy regarding eligibility for appointment to City Boards and Commissions so as to assure the necessary independence of said bodies. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, That it is hereby established, as a formal policy of the City Council of Iowa City, that the following persons shall not be eligible for appointment to Boards and Commissions of the City of Iowa City: I. The spouse, child, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, step -father, step -mother, step- child, aunt or uncle of a City Councilmember while such member holds office; 2. A current member of a City Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made; and 3. A current member of a comparable County Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. sat ;L 1 2 It was moved by ... Strait..... and seconded by Dickson 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 17th day of December , 1985. AYOR ATTEST: 41 IMCL.,JERK i 2('4 CL Rocetvcd & Approved By th Leryaf De Hrtrnt iz.iz- Li s=R-. 1 RESOLUTION NO. 85-355 RESOLUTION ACCEPTING THE WORK FOR SEWER SYSTEM REHABILITATION PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Sewer System Rehabilitation Project as included in a contract between the City of Iowa City and J.C. Construction, Ltd. of Io,:•: City, Iowa dated August 28, 1984, be accepted, and WHEREAS, in conjunction with and prior to the acceptance of said improvements it is necessary for the City to waive the provisions of Sections 7-15 and 0-6 of said contract which provided that the City would accept such work only after the Contractor furnished evidence of payment for all debts for labor, materials, and equipment incurred in connection with such work, and WHEREAS, the maintenance bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa: 1. That the City hereby waives the specific provisions of Sections 7-15 and 0-6 of said Contract which provided that the City would accept said work only after the Contractor furnished evidence of payment for all debts for labor, materials, and equipment incurred in connection with such work. 2. That said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Strait and seconded by Dickson Resolution be adopted, and upon roTT call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON x ERDAHL X MCDONALD x_ STRAIT x_ ZUBER Passed and approved this 17th day of December 1985. MAYOR ATTEST: CITY CLERK Rocelved E Approved By The Legal Department n zs 95- OZZ03 f CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CN IOWA 52240 (319)356-500D ENGINEER'S REPORT December 3, 1985 i Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. SEWER SYSTEM REHABILITATION PROJECT as constructed by J. C. i Construction, Ltd. of Iowa City, Iowa. I hereby recommend that the above-mentioned improvements be accepted by the City of Iowa City. t 4 R tfull� bm + Frank K. Farmer, P.E. I City Engineer F City of Iowa City MEMORANDUM Date: November 25, 1985 To: Honorable Mayor McDonald and City Council From: David Brown, Assistant City Attorney] Re: Public Improvements Contracts In a recent public improvement contract between the City and J.C. Construc- tion Ltd. for the sewer rehabilitation project, it was provided that the City would accept the work following receipt from the contractor evidence documenting payment for all labor, materials, and equipment involved in the project. Such a provision presents a practical problem for the City in the event the contractor fails to pay subcontractors for labor or materials; such contract language then precludes the City from final acceptance of the work and also complicates the procedures for the filing of claims under Chapter 573, Code of Iowa, since the triggering event for said claim filings is the City's acceptance of the improvement. Because such a contract provision is not required by Chapter 573 and because of the problem it presents, our office has advised the Public Works Depart- ment to omit such provision from any future public improvement contracts. In the subject contract with J.C. Construction Ltd., the City needs to waive said contract provision to allow the City to accept the work. bdwl/3 cc: Chuck Schmadeke RESOLUTION NO. 85-356 RESOLUTION ACCEPTING THE WORK FOR THE HANDICAPPED ACCESSIBLE PUBLIC RESTROOMS IN UPPER CITY PARK WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Handicapped Accessible Public Restrooms, Upper City Park as constructed by Brogan Construction of North Liberty, Iowa AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Dickson that the resolution as read as d, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald R Strait X Zuber Passed and approved this 17th day of December �, 191985 . MAYOR ATTEST: y %w.J!uaa � ti R sa cvwl CITY CLERKra*n� CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CffY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT December 9, 1985 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons; I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. r F Handicapped Accessible Public Restrooms, Upper City Park as constructed by Brogan Construction of North Liberty, Iowa. I hereby recommend that the above-mentioned improvements be accepted by the City of Iowa City. i R ctfully tted, II i Frank K. Farmer, P.E. iii City Engineer i I i � I RESOLUTION NO. 85-357 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDEN- TIAL DEVELOPMENT PLAN FOR MELROSE LAKE APARTMENTS LOCATED ON WOODSIDE DRIVE EXTENDED, IOWA CITY, IOWA. WHEREAS, T. H. Williams has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Residential Development plan for Melrose Lake Apartments located on 7.44 acres on Woodside Drive extended; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plan and have recommended approval of same; and WHEREAS, the preliminary and final plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and f WHEREAS, the plans have been reviewed and approved by Flood Plain Development Permit Number FP 85-213 by the Iowa Department of Water, Air and Waste Management with certain conditions, and it is understood that the owner is itr responsible for complying with said conditions as required by IDWAWM; and WHEREAS, the preliminary and final plan was found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa, with certain variances permitting multi -family residential development and a modification of the front yard requirements from 20 feet to 10 feet as approved in Ordinance No. 85-3269 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the preliminary and final Large Scale Residential Development plan of Melrose Lake Apartments is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed f to the plan after passage and approval by law; and the owner shall record said final plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber aA�r ;a ■ Resolution No. 85-357 Page 2 Passed and approved this 17th day of December 1985. AYOR �P� ATTEST � -4p 119 �ilf CLERK te,'ai Do art of D Rca h ed $ A?pm v yo J= ++jai Ea rhx3r.1 �0 71w— ;1 ! RESOLUTION NO. 85-358 RESOLUTION ADOPTING FINDINGS REGARDING THE REASONS FOR ADOPTION OF ORDINANCE NO. 85-3240, REZONING THE SO-CALLED NEUZIL TRACT. WHEREAS, on June 4, 1985, the City Council adopted Ordinance No. 85-3240 rezoning the so-called "Neuzil tract" from RM -12 to RS -8; and WHEREAS, the reasons for such rezoning were discussed by Council members at both informal and formal Council sessions, all of which were open to the public, but such reasons were never formally reduced to Council findings; and WHEREAS, in order to have a complete record relating to such rezoning, it is Important that the Council set forth its reasons for such rezoning. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the following findings are hereby adopted regarding enactment of Ordinance No. 85-3240: 1. The Neuzil tract contains approximately 8.5 acres of land, with direct access only onto streets through residential neighborhoods. 2. The Neuzil tract is surrounded on three sides by single-family residen- tial neighborhoods, those on the north and west being located in the Town of University Heights. On June 4, 1985, the property to the east of the Neuzil tract was also rezoned to RS -8. 3. The streets in the single-family neighborhoods abutting the Neuzil Tract were not designed to handle heavy amounts of traffic, and the other streets in the area are already heavily traveled. 4. Development of the Neuzil tract at the maximum density permitted in the RM -12 zone would allow construction of approximately 126 additional dwelling units having the potential for generating approximately 1550 motor vehicle trips daily. 5. The allowable density on the Neuzil tract will reduce the potential increase to traffic congestion on the streets in the immediate area. 6. The area is shown on the City's Comprehensive Plan as being developed at 8-16 dwelling units per acre, and the RS -8 zoning is consistent with that Plan. 7. Multi -family development of the tract, at the density permitted in the RM -12 zone, would have a negative impact on the value of property sur- rounding the tract. Development of the density permitted in the RS -8 zone should help maintain the value of neighboring properties. 8. The Neuzil tract contains a pond and two large, partially wooded ravines, and the property immediately to the east of the Neuzil tract contains Melrose Lake, an environmentally sensitive and important feature of the area. ass I Resolution No. 85-358 Page 2 9. Storm water runoff occasionally causes Melrose Lake to overflow, floods areas downstream, and contributes to 1 pollution of the lake. 10. Development at a lower density will reduce the magnitude of the increase in Melrose Lake drainage, flooding and pollution problems, but will still permit development which is sensitive to the fragile environment. It was moved by Ambrisco and seconded by Baker the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson R Erdahl % McDonald X Strait X Zuber and approved this 17th day of December 1985. IPassed ATTEST: ?e 1� ?T aACL CITY CLERK�� RO°eh'ed u Approvec: BY Logal Departrn enf �7i/se OURS- 5 City of Iowa City MEMORANDUM Date: December 10, 1985 iTo: Mayor McDonald and City Council From: Monica Moen, Associate Planner Re: Amendment of the 1985 CDBG Program and Budget and Allocation of $49,000 to Handicare, Inc. You may recall that Handicare, Inc. was awarded $13,350 in 1985 Community Development Block Grant (CDBG) funds to purchase a passenger van for its daycare program for disabled children. As a condition for the receipt -of those funds, Handicare was required to move from its Coralville location to a site within Iowa City. In September, 1985, Handicare entered into an agree- ment with St. Patrick's Church to lease the entire lower level of St. Pat- rick's Parish Hall located at 421 South Linn Street. With funds from a variety of sources, Handicare proceeded to adapt this space for its program and on November 25, 1985, Handicare began operating at this new site. A temporary occupancy permit was issued by the City to Handicare on November 22, 1985, contingent upon Handicare making the site handicapped accessible by January 26, 1986. You will recall that last month, the Council adopted the 1986 CDBG program and budget which included a proposal submitted by Handicare to make additional improvements and handicapped access to its new facility. The amount of funds approved for Handicare is $49,000. In order to meet the conditions of the temporary occupancy permit and to construct the wheelchair ramp during the 1985 construction season, Handicare has requested that the City release the CDBG funds this month. This may be achieved by allocating $49,000 of the 1984 CDBG carry-over funds (formerly allocated to the Congregate and Assisted Housing Project) to the 1985 CDBG program and appropriating these funds to the Handicare, Inc. Facil- ity Improvement Project. A public hearing to receive citizen comments regarding this proposal is scheduled for December 17, 1985. Subject to a positive response at the public hearing, the Council may adopt a resolution amending the 1985 CDBG program and may also consider a resolution to allocate $49,000 to Handicare, Inc. If you have any questions or desire additional information, please do not hesitate to call me at 356-5247. cc: Jim Hencin, CDBG Program Coordinator Don Schmeiser, Director, PPD /sp PUBLIC INFORMATION STATEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM December 10, 1985 Proposed Action: The City of Iowa City proposes to amend the 1985 Community Development Block Grant (CDBG) program and budget. At the request of Handicare, Inc., it is recommended that $49,000 of unspent 1984 CDBG funds be reallocated.to the 1985 CDBG program and appropriated to the Handicare Facility Improvement Project. i i At its November 19, 1985 meeting, the City Council adopted the proposed 1986 CDBG program which included a proposal submitted by Handicare, Inc. Handicare, a daycare program for disabl-ed children, proposes to make improvements to and provide handicapped access to its new facility located at 421 S. Linn Street. Contingent upon construction of a handicapped accessible ramp to its new loca- tion, a temporary occupancy permit has been issued to Handicare. Amendment of the 1985 CDBG budget would allow installation of the ramp during the 1985 construction season. Citizen Participation: The Iowa City Council will consider citizen comments on the recommended activi- I ties at a public hearing to be held Tuesday, December 17, 1985, at 7:30 PM in the Civic Center Council Chambers. I _...----------- --- f Attachments: fi Exhibit A provides an outline of the budget for the 1985 CDBG program year and of the proposed amendment. For Additional Information: Contact Jim Hencin, CDBG Program Coordinator, 356-5244. aAgN ;?,ABG ■ ■ EXHIBIT A PROPOSED BUDGET AMENOMENi 1985 COBG PROGRAM B -85 -RC -19-0009 DECEMBER 17, 1985 Project or Activity Authorized Bud et Proposed Budget (Amended - - j General Program Administration Creekside Neighborhood Sidewalk Project ;108,009 ;108,009 Consolidated Services Facility for MECCA Goodwill 27,200 50,000 P7,P00 50,000 Industries Renovation City Park Accessibility Project 205,335 j 205,335 North Market Square Handicapped Play Area Longfellow 3 000 3,000 35,000 3,000 Playground Equipment2,400 Shared Housing/Program Continuation 2,400 Handicare, Inc. Transportation Van Miller/Orchard 17,000 13,350 17,000 13,350 Neighborhood Park Acquisition/Additional Funding Improved Handicapped Accessibility to 60,000 60,000 Mark IV/Willowcreek Neighborhood Center Housing Rehabilitation and Weatherization 3,500 3,500 Housing Modifications for Low- and Moderate - 180,000 180,000 Income Fragile Elderly - Elderly Services Agency Project Rehabilitation of the Domestic Violence 2,500 2,500 Project Shelter Mary O..Coldren Home Renovation Project 50,000 12,000 50,000 Handicare, Inc. Facility Improvements -0- 12 000 49,000 Contingency 706 TOTAL 77FW Sources of Funds 1985 CDBG Entitlement Grant Unobligated Balance - 1984 CDBG Budget 732,000 732,000 Program Income - Disposition of Parcel A-1 25,000 1713 000 74,000 13-1000 TOTAL I 1 i i i ;?,ABG ■ ■ b i • RESOLUTION NO. RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1985 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant Development uunder Titles granted oftheb H using and eComnunityartment oDevelopmentn Actad of1974, as amended; and WHEREAS, the City of Iowa City wishes to allocate $49,000 in CDBG funds to Handicare, Inc. for the purpose of providing handicapped access and making facility improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amendment to the 1985 Community Development Block Grant Program and Budget {more particularly described in Exhibit A hereof) is hereby authorized and approved. It was moved by and seconded by the Resolution be adopted, and upon ro ca ere were: AYES: NAYS: ABSENT: AMBRISCB BAKER DICKSON ERDAHL MCDONALD STRAIT ZUBER Passed and approved this _ day of 1985. ATTEST: CITY CLERK I Receh.o� n rfrxnl ill EXHIBIT A PROPOSED BUDGET AMENDMENT 1985 CDBG PROGRAM B-85-110-19-0009 DECEMBER 17, 1985 Project or Activity Authorized Budget tAmenaea uo-is-ooh General Program Administration ;108,009 Creekside Neighborhood Sidewalk Project 27,200 Consolidated Services Facility for MECCA 205,000 335 Goodwill Industries Renovation City Park Accessibility Project 35,000 North Market Square Handicapped Play Area 2,000 400 Longfellow Playground Equipment Shared Housing/Program Continuation 17,000 Handicare, Inc. Transportation Van 13,350 Miller/Orchard Neighborhood Park 60,000 Acquisition/Additional Funding Improved Handicapped Accessibility to Mark IV/Wiliowcreek Neighborhood Center 3,500 Housing Rehabilitation and Weatherization 180,000 Housing Modifications for Low- and Moderate - Income Fragile Elderly - Elderly Services Agency Project Rehabilitation of the Domestic Violence Project Shelter Mary 0. Coldren Home Renovation Project Handicare, Inc. Facility Improvements Contingency TOTAL Sources of Funds 2,500 50,000 12,000 -0- 706 77UXU Proposed Budget $108,009 27,200 50,000 205,335 35,000 3,000 2,400 17,000 13,350 60,000 3,500 180,000 2,500 50,000 12,000 49,000 706 ZT.W 1985 CDBG Entitlement Grant 732,000 732,000 Unobligated Balance - 1984 CDBG Budget 25,000 74,000 Program Income - Disposition of Parcel A-1 13TOTAL77 13913 000 aaa,7 n i RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HANDICARE, INC. FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO MAKE IMPROVEMENTS TO AND PROVIDE HANDICAPPED ACCESS TO ITS DAYCARE FACILITY FOR DISABLED CHILDREN. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Devel- opment (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist Handicare, Inc. in making improvements to and providing handicapped access to its program site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Handicare, Inc. to make improvements to its daycare facil- ity. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved by and seconded by the Resolution be adopted-,-and-upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this day of , 1985. MAYOR ATTEST: CITY CLERK P.oceh+C-d 8 Approved OV Th Legal De erfinerd D , �'L_ AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANDICARE, INC. FOR THE USE OF 1985 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO MAKE IMPROVEMENTS TO AND PROVIDE HANDICAPPED ACCESS TO ITS DAYCARE FACILITY FOR DISABLED CHILDREN THIS AGREEMENT, entered into this � - day of 1985, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), andHandicare, Inc., a public non-profit entity (herein referred to as Handicare"); and WHEREAS, the City is the recipient of 1985 Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City wishes to utilize such funds to assist Handicare in improv- ing and providing handicapped access to its daycare facility for disabled children; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART 1 I; PURPOSE AND SCOPE OF SERVICES: A. Handicare shall construct such improvements to its leased facility in the lower level of 421 South Linn Street, Iowa City, Iowa, as are necessary and appropriate in order to improve its delivery of daycare, development, and learning programs for handicapped and disabled children. B. Handicare shall provide a daycare program for handicapped and disabled children at 421 South Linn Street for a minimum of five (5) years from July 1, 1986. C. Development of architectural designs for said improvements shall be the responsibility of Handicare but with written concurrence by the City. 0. The City shall provide technical assistance regarding bidding procedures and awarding of contracts. All procedures shall be carried out according to HUD standards and shall be monitored by the City. E. Upon completion, the facility shall comply with all applicable state and local building codes, and shall be used as a daycare and learning facility for handicapped and disabled children and other persons who are eligible for Handicare's programs. A; r? I Fa II. TIME OF PERFORMANCE: Handicare shall perform according to the following schedule: Program Element Deadline Execute Contract for Ramp Construction December 31, 1985 Complete Ramp Installation January 26, 1986 Execute Contract for Exterior Playground Improvements February 28, 1986 Complete Playground Improvements June 30, 1986 j Execute Contract for Interior Facility Improvements February 28, 1986 Complete Facility Interior Improvements June 30, 1986 Continued Facility Operation July 1, 1986 - June 30, 1991 This schedule is subject to change by mutual agreement of both parties, in writing. III.' PROPOSED PROJECT BUDGET: A. Exterior Renovation 1. Handicapped Accessible Ramp - $12,000 2. Exterior Playground Improvements - Grading, Retaining Nall, Fence - $7,000 B. Interior Facility Improvements - $30,000 IV. COMPENSATION AMD METHOD OF PAYMENT: The City shall pay and Handicare agrees to accept in full no more than forty-nine thousand dollars (;49,000) for performance under this Agree- ment, as follows: 1. Partial payments shall be made upon receipt of invoices for archi- tectural services rendered. 2. Further payments shall be made upon presentation of invoices from contractors for progress payments for facility improvements com- pleted, together with executed lien waivers covering all amounts to be paid. pAirf i� I 3 3. The total of the above payments shall not exceed ;49,000. 4. The project shall not be considered complete until after receipt of lien waivers covering all work and materials installed, issuance of a certificate of occupancy by the City, and Handicare certification that all work has been completed to its satisfaction. IV. TERMS AND CONDITIONS: A. The City shall assume no responsibility or liability for the main- tenance, operation or program funding of the Handicare activities. B. Handicare shall, at its own expense, procure and maintain during the period of this Agreement, all-risk property damage and liabil- ity insurance to be effective as of the start of the project. Property damage and loss coverage shall not be less than the cur- rent market value of Handicare property located at 421 South Linn Street, and liability coverage shall be not less than $100,000 for bodily injury per person or $300,000 for bodily injury per, occur- rence and not less than $25,000 for property damage. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in'the State of Iowa. C. Without written concurrence of the City, Handicare shall not move Its daycare and learning programs for handicapped children from its 421 South Linn Street location at any time prior to June 30, 1991. In the event that prior to June 30, 1991, Handicare discontinues its program at 421 South Linn Street, Handicare shall pay to the City a prorated share of the $49,000. The prorated share shall be the balance remaining after deducting $816.67 from the original $49,000 for each month elapsed under this Agreement after- July 1, 1986. D. Except as provided herein, the terms of this Agreement shall be from the date of execution through June 30, 1991. E. This Agreement is subject to and incorporates all of the terms and conditions set forth in Part 2 of this Agreement. PART 2 I. PERFORMANCE AND REPORTING: A. Until at least June 30, 1991, Handicare shall, in a manner satis- factor to the disab. ld childrenatheproperty to be improved under City, maintain ongoing services rmentee REM B. Handicare shall direct all 'notices, reports, correspondence and Insurance policies related to or required by this Agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator, 410 East Washington Street, Iowa City, Iowa 52240. C. Until the completion of all improvements and expenditures of all CDBG funds disbursed under this Agreement, Handicare shall submit monthly reports describing the progress of the improvement activi- ties to the Program Coordinator's office by the 15th day of each month. D. following completion of the facility improvements, Handicare shall submit quarterly by the Qaof brMhlgatand Novmberoeaccontrctyea.urterlyrepotssal,ta minimum, include statistics showing the number and place of resi- dence of persons assisted at the facility. In addition, an audited annual report which meets the specifications set forth in OMB Circular A-128, "Audits of State and Local Governments," and which discloses the expenditure of CDBG funds allocated for the improve- ment of this facility shall be submitted by October 31, 1986. No reporting requirements shall extend beyond June 30, 1991. Not er than uust E. rovide the Cit with latcertified Aaccounting 9of�then expenditure ofp pfunds disbursed under this Agreement. II. OTHER REPORTS AUDITS, AND INSPECTIONS: A. Handicare shall promptly furnish the City or HUD with such state- ments, records, data, and information as the City or HUD may rea- sonably request pertaining to this Agreement. B. During the term of this Agreement, at any time during normal busi- ness hours, Handicare shall make available to the City, HUD, and/or the Comptroller General of the United States, or their duly author- ized representatives, all of Handicare's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. Handicare shall retain financial records, supporting documents, statistical records, and all other records pertaining to expendi- tures under this Agreement for a period of three (3) years from the termination of this Agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: The ents of OMB Circul Standards) rof OMB Circular A-110 a and OMBA-128�Circular A 122 (Attachment 0 C stcPrincit Ales for Non -Profit Organizations) shall apply to the use of funds disbursed under this Agreement. The City has provided Handicare with copies of said OMB Circulars, and Handicare hereby acknowledges receipt of said Circulars. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Handicare facility on the basis of age, race, color, religion (creed), national origin, sex, marital status, sexual orientation, or disabil- ity. All current and prospective project beneficiaries must, however, qualify for the programs provided by Handicare, Inc. Reasonable fees may be charged for Handicare's programs at this facility, but charges which will have the effect of precluding low- and moderate -income persons from using the programs shall not be permitted. V. EQUAL EMPLOYMENT OPPORTUNITY: Handicare certifies that it is an "Equal Opportunity Employer" and that it will Chapter 60 Apl(State Civilter 18 Rights)(Human of the Rights) )of the Code, an I all app cedes regulations of the U.S. Department of Housing and Urban Development pertaining to equcl opportunity and affirmative action in employment. Further, Handicare shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: Handicare shall assist the City in complying with all applicable envi- ronmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: Handicare shall comply with requirements of the Lead -Based Paint Poi- soning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they apply to the performance of this Agreement. VIII. TERMINATION OF CONTRACT FOR CAUSE: If Handicare fails to fulfill its obligations under this Agreement in a timely and proper manner, or if Handicare violates any of the terms, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to Handicare of such termination, specifying the default or defaults, and stating that this Agreement will be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such grace period. In the event of such termination, Handicare shall promptly repay the City the full amount of $49,000 or the portion of such amount which has been paid to Handicare prior to such termina- tion. R 6 IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or a part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement. X. INTEREST OF HANDICARE. INC:: XI. Handicare covenants that it has no interest and shall not acquire any interest, direct or indirept, which would conflict in any manner or degree with the performance of services to be performed under this Agreement. Handicare further covenants that in the performance of this Agreement no person having such interest shall be employed by Handicare. Handicare shall not assign or transfer any interest in this Agreement, whether by assignment .or novation, without the prior written approval of the City. XII. HOLD HARMLESS PROVISION: Handicare shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this Agreement. XIII. LIMITATION OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIPS: The City shall not be liable to Handicare, or to any party, for comple- tion of or failure to complete any improvements which are part of the project. Nothing contained in this Agreement, nor any act or omission of the City, Handicare or any employer, agent of the parties, shall be deemed or construed by any of the parties, or by any third persons, to create any relationship of third -party beneficiary, principal and agent, limited or general partnership, or joint venture, or of any association or relationship involving the City. f:. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 1985. CITY OF IOWA CITY, IOWA HANOICARE, INC. By: By: Mayor ATTEST: WITNESS: City Clerk Received R AppbVW Oy T a &8d DopeMmmf ias' f "� as for City of Iowa City MEMORANDUM Date: December 16, 1985 To: Neal Berlin, City Manager From: Monica Moen, Associate Planner v/40—� Re: Deletion of Items 06 and t7 from December 17, 1985, Council Agenda You will recall that Handicare, Inc., a 1986 CDBG subrecipient, requested that CDBG funds be released in order to permit it to proceed with plans to provide handicapped access to its facility at 421 S. Linn St. and to meet the conditions of the temporary certificate of occupancy issued to Handicare by the Department of Housing and Inspection Services. It has been determined that on January 1, 1986, Handicare is allowed to incur costs associated with its handicapped access project and is also capable of completing this project by the January 26, 1986, deadline imposed by the temporary certificate of occupancy. Consequently, amendment of the 1985 CDBG program and budget in order to release funds for Handicare's use is not necessary. As a result, the December 17, 1985, agenda items associated.with amendment of the 1985 CDBG budget and a resolution authorizing an agreement with Handicare may be deleted from the agenda. A resolution authorizing an agreement with Handicare for the use of 1986 CDBG funds will be placed on the January 14, 1966, Council agenda. I will attend tonight's informal Council meeting to answer any questions you or Councilmembers may have. i bcl i I i .2-A 94? 1� RESOLUTION NO. 85-359 RESOLUTION CERTIFYING UNPAID WATER, SEWER AND REFUSE CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Sections 33-167, 33-46 and 15-6, Code of Ordinances of the City of Iowa City, Iowa, provide that the City Council may certify unpaid water, sewer and refuse charges to the county auditor for collection in the same manner as a property tax; and WHEREAS, there exists unpaid water, sewer and refuse charges for the owners and properties and in the amounts specified in Exhibit A, attached to this resolution and by this reference made a part hereof; and j WHEREAS, the Council finds that each property owner has received a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution at which time the prop- erty owner may appear before the Council during the discussion period for this resolution and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Treasurer is hereby authorized to certify the unpaid water, sewer, and/or refuse charges as stated in Exhibit A attached to the auditor of Johnson County, Iowa, for collection in the same manner as a L: property tax. t: 1 It was moved by Strait and seconded by Dickson the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: XAmbrisco i Baker Dickson { X Erdahl McDonald X Strait j( X Zuber Passed and approved this 17th day of December 1985. i YUK 1 ATTEST: .,{i f C1 Roceh•ed 4 11, -Zvtrtl DY Ylre (w�,y( pepnK trr� 1z I= 85. ■ ' EXHIBIT A Revised 12-17-85 004-035-02 Address: 920 N. Governor St. Owner: Geraldine Carter - Cont. Legal Descrip.: Lot 20 Blk. 03 Dewey's Add. Parcel #55793000 005-090-07 Address: 864 St. Anne Dr. Owner: Kirk C. Valanis Legal Descrip.: Lot 11 Conways Add. Parcel 155052000 006-365-08 Address: 1318 Bristol Dr. Owner: Calvin James & Loleta Annette Hall Legal Descrip.: Lot 14 Surrey Hills Add. Parcel 055588000 011-320-13 Address: 410 S. Summit St. Owner: R. Jeff & Sallie Carroll Langston Legal Descrip.: Com. 15' N of NW Cor. of Lot Blk. 4 Summit Hill Add. on E side of Summit St. N 50' E 172' to Beg. & 10' R/W in NW NW Parcel #56692000 016-315-02 Address: 704 Fifth Ave. Owner: James R. & Barbara Coon Legal Descrip.: Lot 8 Blk. 35 East Iowa City Parcel 054714000 017-435-09 Address: 2104 Muscatine Ave. Owner: Security Inv. Assoc. Inc. Legal Descrip.: Lot 5 Blk. 15 East Iowa City Parcel #61549000 021-130-02 Address: 422 Upland Ave. Owner: Becky „I. Morgan Legal Descrip.: Lot 21 Court Hill Add. Parcel 161876000 027-430-03 Address: 1102 & 1100 Marcy St. 027-435-10 Owner: Steven R. & Phyllis E. Black Legal Descrip.: Com. 246.5' W & 374' S of NW Cor. of Lot 2 of survey of Carson's SO in SW Sec. 14-79-6; E 190' S 60' W 190' & N 60' to Beg. Parcel #63638000 030-670-04 Address: 1105 Deforest Ave. Owner: Steven J. & Karen L'Hirsch Legal Descrip.: Lot 4 Carl Miller SO Parcel #62286000 051-85!-00 Address: 2137 Leonard Cr. Owner: Burton Frantz Const. Lcgal Descrip.: Lot 75 MacBride Add. Part 3 Parcel #63763005 Water: Sewer: Refuse: Total: Water: Sewer: Refuse: Total: Water: Sewer: Refuse: Total: Water: Sewer: Refuse: Total: Water: Sewer: Refuse: Total: Water: Sewer: Refuse: Total: Water: Sewer: Refuse: Total: 25.23 9.75 21.00 35796 16.22 9.49 1�0.5�f 8.11 4.88 10.50 2T.49 7.70 4.47 3.50 i5:G7 51.56 11.47 17,4003 24.75 18.26 14.00 7.07 7.57 1�4.0�04 Water: 10.82 Sewer: 6.50 Refuse: 14.00 Total: 3I 3Z Water: 10.82 Sewer: 6.24 Refuse: 4.30 Total: 2I 3G Water: 48.05 Sewer: 16.25 Refuse: 15.60 Total: I 2 060-730-01 Address: 940 Miller Ave. Water: 26.00 Owner: Timothy J. & Alene M. Nevins Sewer: 14.97 Legal Descrip.: Lot 45 Bailey & Beck Add. Refuse: 8.60 Parcel 858372000 Total: TEXT 064-875-03 Address: 422 Lee St. Water: 2.70 Owner: Sarah H. Madden Hanley Sewer: 6.63 Legal Descrip.: Com. S/L Park Rd. & E/L Lee St. S 7 Refuse: 11.30 Deg. E on E/L Lee St. 336' to Pt. of Beg.; S 7 Deg. Total: 2T.-63 25' W 87.70; S 9 Deg. 26' E 12.12'; S 79 Deg. 46' E Parcel 858930001 080-035-00 Address: 23 Gleason Or. Water: 46.22 Owner: Charles & Janice A. Newhouse Sewer: 27.75 Legal Descrip.: Lot 168 Hollywood Manor Part 4 Refuse: 7.00 Parcel 859894000 Total: BU -3T 081-165-10 Address: 2129 Taylor Dr. Water: 5.41 Owner: Hawkeye Mortgage Co. Sewer: 3.25 Legal Descrip.: Lot 300 Hollywood Manor Part 5 Refuse: 7.00 Parcel 856069000 Total: T�66 087-290-03 Address: 401 Samoa Or. Water: 11.44 Owner: Michael Nusser Sewer: 6.86 Legal Descrip.: Westwinds Condo. Refuse: Parcel 863990037 Total: 18.30 090-185-01 Address: 1629 Esther St. Water: 39.04 Owner: Bessie M. & Douglas M. Nelson Sewer: 15.73 Legal Descrip.: Lot 19 Village Green South Part i Refuse: 15.60 Parcel 863736019 Total: 707.37 090-595-09 Address: 1729 Dover St. Water: 5.41 Owner: Lawrence & Jeannette Lynch Sewer: 3.25 Legal Descrip.: Lot 61 Village Green South Part 2 Refuse: 8.60 Parcel 863736061 Total: a?3a6 �a CITY .OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IGdVA CITY, IOWA 52240 (319) 356-5000 i )! December 18, 1985 TO THE COUNTY AUDITOR AND THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, i IOWA: r � F I, Marian K. Karr, CMC, City Clerk of the City of Iowa City, Iowa, do hereby certify the attached Resolution with Exhibit A, a list of the delinquent sewer rental, water and refuse accounts, a description of the premises where such delinquent accounts were incurred, together with the name of the owner thereof, to the County Auditor to be collected as regular taxes as by statute provided. As directed by the City Council this 17th day of December, 1985. i F�` n K. Karr,� l�ienn% i rian CMI City Clerk 3 j i i I i i j a�oG City of Iowa City MEMORANDUM Date: December 12, 1985 To: City Council and City Manager n From: Rosemary Vitosh, Director of Finance v tsa�v�.LP� Re: Certification of Delinquent Sewer, Water and Refuse Charges The listing of unpaid charges which are to be certified to the County Auditor as liens is attached to the resolution as Exhibit A. These unpaid charges were incurred between October 1, 1984, and October 1, 1985. City Ordinance provides that liens may be filed against the property of any consumer or property owner for unpaid charges. A special exclusion exists for the rental property owner provides owner gforwardingaid haddresses ncurred informationtto the;if Cityton former tenants, the City will not file liens against the rental property for that tenant's unpaid charges. Total unpaid charges for the 12 month period ending October 1, 1985, amount to $6,788. Of that amount, $1,465 is being certified as liens and the re- mainder of $5,323 is due from former tenants of rental properties and from former owners of properties which have been sold. The latter amount is still being pursued for collection but it is expected that the majority of it will be eventually written off as uncollectible. A large portion of the amount which is not being liened resulted from busi- ness accounts which were left unpaid when they went out of business. Nine businesses which closed left unpaid accounts totaling $2,068. The unliened amount of $5,323 is less than one-tenth of one percent of total annual bill- ings. Proper notification has been provided for all unpaid charges being certified liens.as thefollowing threeiadditionalrletterseularbinformingillins,pthemrof thee unpaidestreceied atusvof account.their ter was sent notify ng the property towner cthat the accounount was 3tswasa deldinquent letAfter 60 days of past due status, a letter was sent notifying them of the City's intent to file a lien against the property if the delinquent bill was not paid. On December 2, 1985, certified letters were sent to the property owners notify- ito ng them of the date on which the City Council would consider the resolution certify be heard b the Council thatuthat dtime9e5The previous as liens dletters alsortofferof the edothe property owner the opportunity for a hearing before the City Treasurer to discuss the unpaid bill status. Nancy Heaton, City Treasurer, and I will be at the Council meeting on Decem- ber 17, 1985, to answer any questions or provide information to any property owners who appear at the meeting. bdw4/1 a3o4 EXHIBIT A 001-913-00 Address: R.R. 2 (N. Dubuque Rd.) Refuse: 31.20 Refuse: 31.20 Water: Owner: Ralph J. & Buelah M. Krall Sewer: 3.25 Legal Descrip.: SE 1/4 NE 1/4 Sec. 1-79-6, 40 AC M/L 8.60 Total: Parcel 9638720000 001-962-00 Address: R.R. 6, Box 47 Mer Rochelle Prunty & Annie Lauterbach Leg 1 Descrip.: Gov. Lot 4 22-79-6 Bldg. on leased grou , la d owned by Charlie Showers Parce 953051000 002-395-16 Address: 431 N. Van Buren St. Owner: S ven P. & Kaye Richardson Legal Descr' .: Original town of Iowa City Parcel 95632 00 003-230-05 Address: 727 N. Dodge St. Owner: Randall & Mary McDonald - ant. Legal Descrip.: L B1k. 32, Origi 1 Town of Iowa City Parcel 963283000 004-035-02 Address: 920 N. Gover r St. Owner: Geraldine Carter - Co Legal Descrip.: Lot 20 B 03 Dewey's Add. Parcel 955793000 005-090-07 Address: 864 St. Anne r. Owner: Kirk C. Valan' Legal Descrip.: Lot 1 Conways d. Parcel 955052000 006-145-07 Address: 1116 & 118 St. Clements S 006-165-11 Owner: Steven . Richardson & Stephen J. Thompson Legal Descrip.. Yeggy's 1st Add. Parcel 96092 00 006-365-08 Address: 18 Bristol Dr. Owner: C lvin James & Loleta Annette Hall Legal De crip.: Lot 14 Surrey Hills Add. Parcel 55588000 011-320-13 Addre s: 410 S. Summit St. Owne *R Jeff & Sallie Carroll Langston Leg Descrip.: Com. 15' N of NW Cor. of Lot B1k. mmit Hill Add. on E side of Summit St. N 50' E 172 o Beg. & 10' R/W in NW NW P rcel 956692000 016-315-02 Address: 704 Fifth Ave. Owner: James R. & Barbara Coon Legal Descrip.: Lot 8 Blk. 35 East Iowa City Parcel 954714000 Refuse: 31.20 Refuse: 31.20 Water: 5.41 Sewer: 3.25 Refuse: 8.60 Total: T779 Water: 19.13 Sewer: 11.06 Refuse: 29.20 Total: 3s5'3b Water: 25.23 Sewer: 9.75 Refuse: 21.00 I Total: Water: 16.22 Sewer: 9.49 Refuse: 10.50 Total: 36='1T i Water: 15.69 Sewer: •7.57 Refuse: 37.00 Total: Water: 8.11 Sewer: 4.88 Refuse: 10.50 Total: Water: 7.70 Sewer: 4.47 Refuse: 3.50 Total: TAT I Water: 51.56 Sewer: 11.47 Refuse: 14.00 Total: 7779 .2304 I i 2 017-435-09 Address: 2104 Muscatine Ave. Water: 24.75 Owner: Security Inv. Assoc. Inc. Sewer: 18.26 Legal Descrip.: Lot 5 Blk. 15 East Iowa City Refuse: 14.00 Parcel 561549000 Total: ,fTlf 021-130-02 Address: 422 Upland Ave. Water: 7.07 Owner: Becky I. Morgan Sewer: 7.57 Leg1 Descrip.: Lot 21 Court Hill Add. Refuse: 14.00 Parc 1 561876000 Total: 78:64 027-430-03 Address. 1102 & 1100 Marcy St. Water: 10.82 027-435-10 Owner: S ven R. & Phyllis E. Black Sewer: 6.50 l Legal Descr .: Com. 246.5' W & 374' S of NW Cor. Refuse: 14.00 Lot 2 of su vey of Carson's SO in SW Sec. 14-79- Total: -3-1-.T2 E 190' S 60' 190' & N 60' to Beg. Parcel 56363800 030-670-04 Address: 1105 Def est Ave. Water: 10.82 Owner: Steven J. & aren L. Hirsch Sewer: 6.24 Legal Descrip.: Lot Carl Miller SO Refuse: 4.30 Parcel 562286000 Total:6 036-055-11 Address: 1326 Kirkwood ve. Water: 9.15 Owner: Lyle & Sharon J. ighley Sewer: 5.38 Legal Descrip.: Resurvey, f SO in SW A 14-79-6 Refuse: 7.00 Parcel 556181000 Total: =2 051-859-00 Address: 2137 Leonard Cr. Water: 48.05 Owner: Burton Frantz Const. Sewer: 16.25 Legal Descrip.: Lot 75 MacBri Add. Part 3 Refuse: 15.60 - Parcel 563763005 Total: 7�3?J6 060-730-01 Address: 940 Miller Ave. Water: 26.00 Owner: Timothy J. & Alen M. Nevins Sewer: 14.97 Legal Descrip.: Lot 45 iley & Beck Add. Refuse: 8.60 Parcel 558372000 Total: d�3T 064-875-03 Address: 422 Lee St. Water: 2.70 Owner: Sarah H. Mad n Hanley Sewer: 6.63 Legal Descrip.: Co . S/L Park Rd. & E/L L e St. S 7 Refuse: 11.30 Deg. E on E/L Lee St. 336' to Pt. of Beg \; S 7 Deg. Total: n7u 25' W 87.70; S 9 Deg. 26' E 12.121; S 79 Deg. 46' E Parcel 558930001 080-035-00 Address: 23 G1 son Dr. Water: 46.22 Owner: Charles & Janice A. Newhouse Sewer: 27.75 Legal Descrip. Lot 168 Hollywood Manor Part 4 Refuse: 7.00 Parcel 559894 0 Total: , �4Y 081-165-10 Address: 21 9 Taylor Dr. Water: 5.41 Owner: Haw eye Mortgage Co. Sewer: 3.25 Legal Descr p.: Lot 300 Hollywood Manor Part 5 Refuse: 7.00 Parcel 556 69000 Total: T3�€ ai,30 6 3 082-670-10 Address: 1116 Oakcrest St., 12 Water: 10.82 ner: Dr. Narayana Ambati & Rama Sewe . 6_50 Le 1 Descrip.: Lot 009 Terrace Hill Add. Part 4, R se: SDLots 5 & 6 otal: 17.32 Parcel I151003 087-290-03 Address: 1 Samoa Dr. Water: 11.44 Owner: Mich 1 Nusser Sewer: 6_86 Legal Descrip.. Westwinds Condo. Refuse: Parcel #6399003 Total: 18.30 090-185-01 Address: 1629 Esth St. Water: 39.04 Owner: Bessie M. & uglas M. Nelson Sewer: 15.73 Legal Descrip.: Lot 1 Village Green uth Part 1 Refuse: 15.60 Parcel #63736019 Total: 7.37 090-595-09 Address: 1729 Dover St. Water: 5.41 Owner: Lawrence & Jeannette y h Sewer: 3.25 Legal Descrip.: Lot 61 Villa Green South Part 2 Refuse: 8.60 Parcel #63736061 Total: 3 .26 090-735-05 Address: 1809 Sterling C Water: 15.66 Owner: Calvin & Valeri D. Siebert Sewer: 16.09 Legal Descrip.: Lot 7 Village Green uth Part 2 Refuse: 14.00 Parcel #63736076 Total: dT.75 095-570-03 Address: 2631 Wes Inds Dr., #1 Water: 13.52 Owner: Anton J. anicek Sewer: 8.13 Legal Descrip.: Lot 1 Aspen Lake Condo. Part 1 Refuse: Parcel #639091 Total: 21.65 X30 6 RESOVIT.ION NO. 85-360 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A REAL ESTATE MORTGAGE EXECUTED BY DONALD H. AND JANET K. STRAND. WHEREAS, on September 8, 1977, Donald H. and Janet K. Strand executed a Real Estate Mortgage to the City of Iowa City in the amount of $14,650.00 for value received by way of a Housing Rehabilitation Loan, and i WHEREAS, said Real Estate Mortgage provided a lien against subject property, and WHEREAS, the outstanding amount of said mortgage was paid in full.on December 4, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest the attached Release of Mortgage, whereby the City does release the affected prop- erty from an obligation of Donald H. and Janet K. Strand to pay to the city the principal amount of $14,650.00. It was moved by Erdahl... ..... and seconded by ..Strait.. the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X. BAKER X COURTNEY X DICKSON X MCDONALD X. STRAIT X ZUBER Passed and approved this 17th day of December 1985. M OR ATTEST: Iiia ,.i X. _ �w.i.✓__ _ CITY CLERK �lseolved 11 Approved By The legal Department i I J ,?309 ■ ■ ■ ■ 1� i RELEASE OF MORTGAGE KNOW ALL MEN by these presents: That the City of Iowa City, Iowa, does hereby release the following described property: Commencing 100 feet West of the Southeast corner of Lot 1 Coldren's Addi- tion to Iowa City, Iowa; thence North 75 feet; thence West 40 feet; thence south 75 feet; thence East 40 feet to the place of beginning. And Commencing at the Southwest corner of Lot 1 of Coldren's Addition to Iowa City, Iowa; thence North 140 feet and 6 inches; thence West 100 feet; thence South 40 feet and 6 inches; thence East 100 feet to the place of beginning. Excepting Therefrom the Following: i Beginning at a point on the East line of Lot 1 in Coldren's Addition to Iowa City, Iowa, according to the recorded plat thereof, which point is 40.5 feet North of the Southeast corner of said Lot 1; thence West 100 feet; thence North 4 feet; thence West 40 feet; thence North 38 feet; thence.East 140 feet to the East line of said Lot 1; thence South along the East line of said Lot 1, 42 feet to the place of beginning. from an obligation of Donald H. and Janet K. Strand to the City of Iowa City, Iowa, in the principal amount of $14,650.00 represented bya Real Estate Mort- gage recorded in the Office of the Johnson County Recorder on September 13, 1977, in Book 243, Page 84. i This obligation has been paid in full. F' IT OF IOWA CITY By: G✓ l ayor Attest: 7??4__a-J ! /t J Roc&ved & Approved City Clerk By She legal Deparlmont STATE OF IOWA JOHNSON COUNTY SS: On this P1 day of OicG n (t i' 1985, before me, the undersigned, a Notary Pu is n and or e a e o owa, personally appeared John McDonald and Marian K. Karr, to me personally known, who, being by me duly sworn, did j say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument; that the seal af- fixed Council� and thatseal the said; that said Johno McDo ald and MarianiK. Karrauthorty ofits as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily exe- cuted. DORISADeMIRCE FiLzal MY�OMMISSION TIRES Notary Pobl i II and for sald State a3o7 ■ ) 16 RESOLUTION NO. 85-361 RESOLUTION ACCEPTING AN OFFER TO PURCHASE IN PARCEL OF LAND, KNOWN AS PARCEL "C" LOCATED IN THE LOWER RAL CITY, IOWA. STOW CREEK AREA OF IOWA WHEREAS, the City Council of the City of Iowa City did, by Resolution a85-286, dated September 24, 1985, authorize and direct the solicitation of offers to purchase certain City -owned land known as Parcel C which is legally described in the description attached hereto as Exhibit A, and i WHEREAS, an acceptable offer has been received from John 0. Roffman to pur- chase said Parcel C for $32,750, and WHEREAS, Mr. Roffman has represented that he will expand at least another $110,000 in developing said Parcel C, and WHEREAS, the City of Iowa City wishes to enter into an agreement with John 0. Roffman for the sale and conveyance of said Parcel C, and is WHEREAS, the City of Iowa City has afforded the public with an opportunity to comment on the proposed sale and conveyance of said Parcel C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: b f 1. That the offer of John be accepted; subject0. Roffman to purchase and develop said Parcel C , however, to Mr. Roffman's obtaining, within thirty (30) days of the date of adoption of this Resolution, a firm and binding commitment from a financial institution for a loan of at least $110,000, all of which shall be used for construction of improvements on said Parcel C within 24 months from the date of adoption of this Resolution. 2. That, upon receipt and approval of evidence of such financial commitment by the City Manager, the Mayor be authorized to sign and the City Clerk to attest a real estate contract with John 0. Roffman for the sale of said Parcel C, said contract to contain terms an a form approved by the City Attorney. d an and to be in 3. That, provided all terms and conditions of the real estate contract are met, the Mayor be further authorized to sign and the City Clerk to attest all documents necessary to legally convey Parcel C to John 0. Roffman in accordance with the real estate contract. 4. That the offer of David D. Steve to purchase said Parcel C be released, along with the bid security deposit from Mr. Steve. 07500 E' . Resolution No. 85-361 Page 2 It was moved by Strait bBaker the Resolution be adopted, and upondrollondecall there were: AYES: NAYS; ABSENT: X X Ambrisco X Baker X Dickson X Erdahl g McDonald X Strait Zuber Passed and approved this 17th da of December 1985. ATTEST: 1CeColvr.'g ib APPM"d �Y Piie 1e3.-! Departn�enl a3a� EXHIBIT A LEGAL DESCRIPTION A portion of Lots 1, 2, 3 and 4 of Block 18 of the County Seat Addition to Iowa City, Iowa, according to the Plat thereof, recorded in Deed Book 1 and 2, page 253, of the Records of the Johnson County Recorder's Office, and which parcel is more particularly described as follows: Commencing at the Southwest Corner of Block 18 of the County Seat Addition to Iowa City, Iowa; thence S 89049'50" E, along the South Line of said Block 18, 170.00 feet to the Southwest Corner of Lot 4 of said Block 18, which is the Point of Beginning; thence N 00°00'00'' E, along the West Line of said Lots 4, 3, 2 and 1, 303.05 feet to a Point on the Toe of the Slope of the Des Moines Street Railroad Right -of -Way; thence S 86041'45" E, along said Toe of the Slope, 117.27 feet to the Westerly Top of Bank of Ralston Creek; thence S 34001'48" W, 60.48 feet along said Top of Bank; thence S 01034'26" E, 246.53 S feet, along said Top of Bank, to the South Line of said Lot 4; thence N 89049150" W, 90.00 feet to the Point of Beginning. Said tract of land con- tains 26,745 square feet more or less, and is subject to restrictions of record, and a permanent conservation/access easement being retained by the City of Iowa City for the purpose of maintaining and protecting the channel of Ralston Creek in the following -described area: C Commencing at the Southwest Corner of Block 18 of the County Seat Addition to Iowa City, Iowa; thence S 89049'50" E, along the South Line of said Block 18, 170.00 feet to the Southwest Corner of Lot 4 of said Block 18; thence S 89049'50" E, along the South Line of said Lot 4, 90.00 feet, to the Point of Beginning; thence 0 N 89049'50" W, 20.01 feet; thence N 01034126" W, 252.34 feet; thence N 34001 48 E, 55.01 feet; to a Point on the Toe of the Slope of the Des Moines Street Railroad Right -of -Way; thence S 86041'45" E, along said Toe of the Slope, 23.27 feet to the Westerly Top of Bank of Ralston Creek; thence S 34001148" W, 60.48 feet along said Top of Bank; thence S 01034'26" E, 246.53 feet, along said Top of Bank to the Point of Beginning. Said tract of land contains 6,144 square feet. The terms of said easement are as set forth in Exhibit B which is attached hereto and incorporated herein by this reference. a3oa 1 EXHIBIT B TERMS Of PERMANENT CONSERVATION/ACCESS EASEMENT 1. The City shall have the right to make excavations and to grade within the easement area as it may find reasonably necessary for the repair and maintenance of the channel of Ralston Creek. 2. The City shall have the right to trim and remove all trees or bushes which may interfere with the exercise of the City's rights pursuant to this grant; however, if valuable timber is removed, it shall continue to be the property of the Owners. 3. The City shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the Owners. 4. The Owners shall have the right to use the above-described real estate for purposes which shall not interfere with the City's full enjoyment of the rights granted in this easement; provided, however, that the Owners shall not erect or construct any building or other structure, or construct any parking or other obstruction within the easement. Nor shall Owners allow or cause any substantial fill or cut over said easement, without the prior written consent of the City. 5. The City shall promptly backfill any trench made by it and repair any damages within the area subject to the easement. 6. The City shall indemnify Owners against any loss or damage which may occur in the exercise of the easement rights by the City except for loss which may be occasioned by a diminution in business during the temporary use of the area by the City. 7. Except as provided herein, Owners shall be responsible for maintaining the property subject to the easement. 8. The provisions hereof shall enure to the benefit of and bind the succes- sors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. a3o�' EXHIBIT B TERMS Of PERMANENT CONSERVATION/ACCESS EASEMENT 1. The City shall have the right to make excavations and to grade within the easement area as it may find reasonably necessary for the repair and maintenance of the channel of Ralston Creek. 2. The City shall have the right to trim and remove all trees or bushes which may interfere with the exercise of the City's rights pursuant to this grant; however, if valuable timber is removed, it shall continue to be the property of the Owners. 3. The City shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the Owners. 4. The Owners shall have the right to use the above-described real estate for purposes which shall not interfere with the City's full enjoyment of the rights granted in this easement; provided, however, that the Owners shall not erect or construct any building or other structure, or construct any parking or other obstruction within the easement. Nor shall Owners allow or cause any substantial fill or cut over said easement, without the prior written consent of the City. 5. The City shall promptly backfill any trench made by it and repair any damages within the area subject to the easement. 6. The City shall indemnify Owners against any loss or damage which may occur in the exercise of the easement rights by the City except for loss which may be occasioned by a diminution in business during the temporary use of the area by the City. 7. Except as provided herein, Owners shall be responsible for maintaining the property subject to the easement. 8. The provisions hereof shall enure to the benefit of and bind the succes- sors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. a3o�' I� RESOLUTION NO. b5-352 RESOLUTION OF INTENT TO CONVEY TO THE UNIVERSITY OF IOWA THE VACATED MELROSE AVENUE RIGHT-OF-WAY BETWEEN BYINGTON ROAD AND RIVERSIDE DRIVE. WHEREAS, by Ordinance No. 84-3194, the City vacated a portion of Melrose Avenue lying between Byington Road and Riverside Drive; and WHEREAS, the City has no need for such vacated property; and WHEREAS, the University of Iowa has asked the City to convey such property to it in order to incorporate the land into the University's new College of Law facil- ity; and WHEREAS, after due deliberation, and being fully advised, the City Council finds j that the part of Melrose Avenue to be conveyed shall be used for a public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in the f., above-described City -owned property to the State University of Iowa, in considera- tion of the University's agreements, among other things, to assume responsibility (i) for providing adequate storm drainage through the property, and (ii) for i maintaining the retaining wall along Riverside Drive, including the steps leading from the Riverside Drive level up to the level upon which the Law School is C. located, all as set forth in the attached Agreement. AND BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for January 14, 1986, and that the City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal " hereinabove set forth. It was moved by Erdahl and seconded by Baker ?: the Resolution be adopted, and upon--r-o-IT upon--r-o-call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of December , 1985. i ATTEST:L%ylwta,J (/ Received $ Approved By Th Legal De r►ment .23x9 Agreement AGREEMENT, dated as of the 14th day ofJanuary a e n between the City of Iowa Ci y' , jowa (City) ande ver ity I'lland (University). WHEREAS, at the request of the University, by Ordinance No. 84-3194, the City vacated the right-of-way of Melrose Avenue from the east right-of-way line of Byington Road to the West right-of-way line of Riverside Drive; and WHEREAS, the University has asked that the City convey said vacated right-of-way to it for use in conjunction with the new building for the University's College of Law; and WHEREAS, i is will assumecertainresponsibilitiesoand kthe Unive such ersity is e willing toif the assumethose responsibilities. NOW, THEREFORE, in consideration of the premises and the covenants and fI agreements contained herein, the parties agree as follows: { 1. The City agrees to convey to the University, by quit claim deed, all of {j its right, title and interest in and to the following described real estate located in Iowa City, Johnson County, Iowa, to wit: The entire right-of-way of Melrose Avenue from the east right-of-way line of Byington Road, said line being 1858.60 feet east of the northwest corner of the northeast quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Merid- ian, thence easterly to the west right-of-way line of Riverside Drive, also known as Highway 6 (the "property"). Such conveyance shall be subject to an easement for access for repair, maintenance, or replacement of utilities, including but not limited to gas, electric, telephone, water, and sewer lines, if any, located on or under the surface of said Property. 2. The University shall pay the City's out-of-pocket cost of publishing notice of the public hearing on the intended conveyance, and any recordrecord- ing fees or charges. The City shall prepare the deed at its expense. Each party shall be responsible for its own attorneys' fees. 3. The University shall assume responsibility for providing and maintaining adequate storm drainage through or under the Property to serve areas which currently drain onto the Property. 4. The University acknowledges that, in accordance with the provisions of Iowa Code (1985) Sec. 306.4(3), and Iowa Administrative Code 820 [06L] Sec. 1.3(2)c(5), the Iowa Department of Transportation (IDOT) requires that cities enter into agreements regarding maintenance of primary roads within city limits, and such agreements require cities to maintain, among other things, retaining walls on primary roads between curb and right-of-way lines, and that Riverside Drive (Highway 6), abutting the new building for the College of Law, is a primary road. 42369 r I I I I I 5. The University shall assume full responsibility for maintenance and repair of the retaining wail along the eastern boundary of the College of Law property including, without limitation of the foregoing, keeping the steps between the Melrose Avenue level and Riverside Drive open, in repair and free from nuisance. 6. The obligations undertaken by the University hereunder shall survive the execution and delivery of the deed, as described in paragraph 1, hereof. 7. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto. B. The agreements contained herein shall be effective at such time as the City conveys the Property to the University. IN WITNESS WHEREOF, this Agreement has been executed as of the day and date first above written. THE STATE UNIVERSITY OF IOWA By: .iK a J. F' egan B siness Ma ager THE CITY OF IOWA CITY, IOWA By:1,49M.0onao nt cmayor pl% C�� ApArby�� p 5. The University shall assume full responsibility for maintenance and repair of the retaining wail along the eastern boundary of the College of Law property including, without limitation of the foregoing, keeping the steps between the Melrose Avenue level and Riverside Drive open, in repair and free from nuisance. 6. The obligations undertaken by the University hereunder shall survive the execution and delivery of the deed, as described in paragraph 1, hereof. 7. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto. B. The agreements contained herein shall be effective at such time as the City conveys the Property to the University. IN WITNESS WHEREOF, this Agreement has been executed as of the day and date first above written. THE STATE UNIVERSITY OF IOWA By: .iK a J. F' egan B siness Ma ager THE CITY OF IOWA CITY, IOWA By:1,49M.0onao nt cmayor pl% C�� ApArby�� AND BE IT FURTHER RESOLVED That a Public Hearing on said proposal be set for January 14, 1986, and that the City Clerk be and hereby is authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. a3�o RESOLUTION NO. 85-363 RESOLUTION OF INTENT AND PROPOSAL TO DISPOSE OF UTILITY EASEMENT ON LOT 14, OAKES MEADOW ADDITION TO IOWA CITY. WHEREAS, in conjunction with subdivision of the area, the owner, Oakes Construction Company, granted to the City a Utility Easement located on the following -described property in Iowa City, Johnson County, Iowa, to -wit: Commencing at the Northwest property corner of Lot 14, Oakes Meadow Addition to the City of Iowa City, Iowa, thence S 0 degrees, 00 minutes, 57 seconds East - 10 feet; thence South- easterly on the line to a point where it intersects with the east property line of said Lot 14; thence North 20 feet to the Northeast corner of Lot 14; thence South 89 degrees, 59 minutes, 03 second West 106.87 feet to the point of beginning. WHEREAS, it has recently been determined that the building which was constructed'on said Lot 14 encroaches upon the Utility Easement; and WHEREAS, the current owners of sod Lot 14, Oakes Construction Company, Agnes A. Contant and Charles F. Contant, husband and wife, and Cheryl Contant, have requested that they be allowed to substitute a Utility Easement over their property in exchange for a release and conveyance of t the City's interest in the original Utility Easement; and WHEREAS, the City's Public Works Department has reviewed the proposal and f, determined that the City should obtain a corrected easement; and WHEREAS, after due deliberation, and being fully advised in the premises, the City Council finds that the City should exchange the old easement for a new, corrected easement, by quit claiming the City's interest in the old easement and accepting a new easement executed by the current owners of said Lot 14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council does hereby declare its intent to dispose of its interest in the Utility Easement described above by quit claim deed to the current owners of Lot 14, in exchange for a new Utility Easement in the form of Easement attached hereto as Exhibit "A". AND BE IT FURTHER RESOLVED That a Public Hearing on said proposal be set for January 14, 1986, and that the City Clerk be and hereby is authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. a3�o PAGE 2 It was moved by Dickson and seconded by Baker the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER x_ COURTNEY _x DICKSON x_ MCDONALD x_ STRAIT x ZUBER Passed and approved thisi7th day of December �,J1986.�) Ci/s«fjG YOR ATTEST: ,l! 4� By The Legal DGpartmrnl 2 3/0 Exnibit A SANITARY SEWER EASEMENT THIS AGREEMENT made and entered into by and between OAKES CONSTRUCTION COMPANY, AGNES A. CONTART and CHARLES F. CONTANT, husband and wife, and CHERYL CONTANT, all of Iowa City, Iowa, First Party, which expression shall include heirs, personal representatives, successors in interest and assigns and the CITY OF IOWA CITY, IOWA, Second Party, which expression shall include succes- sors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of 11.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party grants and conveys to Second -Party an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sanitary sewer lines, pipes, mains, and conduits as Second Party shall from time to time elect for conveying sewerage with all necessary appliances and fittings for use in connection with said pipe lines, together with adequate protection therefore, and also a right -o -way, with the right of ingress and egress thereto, including all the area described on Exhibit •A' attached to this easement and by this reference made a part hereof. First Party further grants to Second Party: I. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading Into and on said lands along and Outside of the said line to such extent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and Clear away any trees on either side of said strip which now or hereafter in the opinion of Second Party may be a hazard to said lines or may interfere with the exercise of Second Party's rights hereunder In any manner. 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, and maintenance or by any wrongful or negligent act or omission of Second Party, or of its agents or employees in the course of their employment. e. 1 ■ 1 PAGE 2 First Party reserves the right to use said strip for purposes which will not interfere with Second Party's full enjoyment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said strip, First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above-described; and that they have a good and lawful right to convey it, or any part thereof, The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. DATED as of the _ day of January , 1986. OAKES CONSTRUCTION COMPANY f i By: Charles F. Gontantcan 6, Oakes, President i By: Agnes A. ContentEvelyn M. Oakes, Secretary_ CITY OF IOWA CITY, IOWA I By: Lheryi LontantJohn McDonald, Mayor ATTEST: er an err, y er I STATE OF IDWA ) J SS: JOHNSON COUNTY ) On this day of 1986, before me, the undersigned, a I Notary P—MR in and or e a e o owe, personally appeared Dean G. Oakes end Eveyln N. Oakes, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corpora. tion executing the within and foregoing instrument, that no seal has been procured by said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Dean G. Oakes and Evelyn N. Oakes as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NotaryPub] c in a or ses e e lr.p.•.vnc X3/0 11 a PAGE 3 STATE OF IOWA) JOHNSON COUNTY ) SS: On this day of , 1986, before me, the undersigned, e Notary Puu5r {n and 0r se a e, peso rnally appeared Charles F. Contant and Agnes A. Contant, husband and wife, and Cheryl Content, a single person, to me personally known, being by me duly sworn, and each did acknowledge the execution of said instrument to be their voluntary act and deed. Notary u c n an0 or se tete STATE OF IOWA ) JOHNSON COUNTY SS: On this day of 1986, before me, the undersign ,fie otary Pu cn a or a a e o owa, and Marian K. Karr, to mepersonally personally appeared being y ma d6YY sworn, did say that they are the Maayor annd known, Clerok• respectively, of said municipal corporation executing the within and foregoing in$trmnent to whicti this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed end sealed on the said behalf of sold mun tctpal corporation by authoritits City Council; and that ecknowledg y of end Marian K. Karr as such officers a exec. on o sa ns rument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. otary u c n and or se d tete "EXHIBIT A• t i i fEASEMENT LEGAL DESCRIPTION -LOT IY DOVER CONDOMINIUMS - PART III I November 26, 1985 f s- Commencing at the NW property corner of Lot 14, Oakes Meadow Addi- tion to the City of Iowa City, Johnson County, Iowa andI prdceeding; I Thence S 0° 00' 57" E - 9,50 feet; F Thence N 890 59' 03" E - 80.00 feet; ,I kl Thence S 0° 00' 57" E - 4,50 feet; '• i f Thence N 89° 59' 03" E - 27.41 feet; +' ;. Thence N O° 13' 17" E - 583 Leet ` rk; .�1 Lot 19hence N 30 58' 54" W - 8.19 feet to property corner of Bald ' N .: Thence S 890 03" W - 106.87 feet to the Point of Commencement, j ItJ i fy { Si r 4i I SF I G; j f:' 1 1 , I 1 i I i I I oZ3/0. 1 a RESOLUTION NO. 85-364 RESOLUTION ESTABLISHING INCOME LIMITS FOR THE IOWA CITY HOUSING AUTHORITY, ASSISTED HOUSING PROGRAMS WHEREAS, on October 1,1985, the Department of Housing and Urban Development recommended the revision of an initial income limit schedule for tenant admission to Assisted Housing Programs,and WHEREAS, the City of Iowa City desires to comply with the regulations of the Department of Housing and Urban Development, and i WHEREAS, the Departuent of Housing and Urban Development has requested the Iowa City Housing Authority to adopt by resolution the revised income limit schedule for tenant admission to Assisted Housing Programs set forth below: t 80% 50% Category Area Median Area Median 1 person $17,700 $11,050 2 persons 20,250 12,650 3 persons 22,750 14,200 4 persons 25,300 15,800 5 persons 26,900 17,050 6 persons 28,450 18,350 7 persons 30,050 19,600 8 or more 31,650 20,850 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above -revised income limit schedule for tenant admission to Assisted Housing Programs for the Iowa City Housing Authority, be approved £££ for implementation effective this date. It was moved by Erdahl and seconded by Strait F_ the Resolution be adopted, and upon roll call there were: t AYES: NAYS: ABSENT: i _x Ambrisco x Baker Dickson _x Erdahl x_ McDonald _ x Strait x_ Zuber Passed and approved this 17th day of December 1985. I � AYOR i ATTEST: �%j�,�,J ��� Recolvcd 2 Approved CITY CLERY. By She Logal DepaHnxnl "z Imo^ Ail/ ,0 I J� :ik , City of Iowa City MEMORANDUM Date: December 12, 1985 To: City Council 9q From: Lyle Seydel, Housing Coordinator Re: Revised Income Limits, Assisted Housing The Council Agenda for December 3, Item #12, listed a resolution establishing revised income limits for the Assisted Housing Program. The comment provided by me was poorly written and was erroneous. As a result, adoption of the resolution was delayed until the next meeting. A revised comment has been provided. The original comment stated "Depending on family size, income for admission has been increased from $1,450 to $1,050." The $1,450 figure represented the increase for a family of eight or more (actual increase is only $1,400) and the $1,050 represents the increase for a family of four (see 50% median income chart). These typical family sizes were selected to provide an idea of the increase without burdening the Council with all the minute details. To clarify, a complete chart follows which -shows the current, revised and increased amounts for all family sizes. The 80% median income chart repre- sents maximum income criteria for eligibility, however, HUD's current policy limits assistance to new applicants to 50% median income. 80% Median 50% Median Income Income No. in Family Current Revised Increase Current Revised Increase 1 16,500 17,700 1,200 10,350 11,050 700 2 18,900 20,250 1,350 11,800 12,650 850 3 21,250 22,750 1,500 13,250 14,200 950 4 23,600 25,300 1,700 14,750 15,800 1,050 5 25,100 26,900 1,800 15,950 17,050 1,100 6 26,550 28,450 1,900 17,100 18,350 1,250 7 28,050 30,050 2,000 18,300 19,600 1,300 8 29,500 31,650 2,150 19,450 20,850 1,400 bj4/12 a3// I NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are author- ized and directed to execute on behalf of the City the attached Technical Assistance Work Plan with the Match Institution for HUD/SBA Technical Assis- tance for Local Economic Development. It was moved by Baker and seconded by Dickson the Resolution be adopted, and upon ro ca ere were: AYES: NAYS: ABSENT: XAMBRISCO C BAKER X DICKSON 7 ERDAHL MCDONALD X STRAIT C ZUBER Passed and approved this 17th day of December , 1985. ATTEST: peceiv[d A A?Fnovas Ey The Lelia /tee 0 ;n=} II RESOLUTION '10. 85-365 RESOLUTION AUTHORIZING EXECUTION OF WORK PLAN FOR HUD/SpA TECHNICAI ASSISTANCE FOR LOCAL ECONOMIC DEVELOPMENT. WHEREAS, the City of Iowa City is committed to encouraging economic develop- ment that will promote the welfare its of citizens by diversifying employment opportunities and expanding the non-residential tax base; and WHEREAS, on March 29, 1985, the City of Iowa City submitted an application to receive technical assistance involving economic development under the Inter- agency Agreement between the Department of Housing and Urban Development the Small Business Administration; and and WHEREAS, in July 1985, the City of Iowa City's application for technical assistance for the Clear Creek Research Park project was selected for fund- ing; and WHEREAS, the Match Institution of Washington, D.C., is under contract to the Department of Housing and Urban Development ? 'r and the Small Business Admini- stration to coordinate and deliver assistance to communities under this Interagency Agreement; and (. WHEREAS, on October 22, 1985, the City Council authorized execution of the Memorandum of Agreement with the Match Institution for technical assistance for local economic development; and I WHEREAS, the Clear Creek Investment Company has agreed to provide half of the matching funds necessary to receive this technical assistance in accordance with the proposed work plan. I NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are author- ized and directed to execute on behalf of the City the attached Technical Assistance Work Plan with the Match Institution for HUD/SBA Technical Assis- tance for Local Economic Development. It was moved by Baker and seconded by Dickson the Resolution be adopted, and upon ro ca ere were: AYES: NAYS: ABSENT: XAMBRISCO C BAKER X DICKSON 7 ERDAHL MCDONALD X STRAIT C ZUBER Passed and approved this 17th day of December , 1985. ATTEST: peceiv[d A A?Fnovas Ey The Lelia /tee 0 ;n=} II i HUD/SBA TECHNICAL ASSISTANCE FOR LOCAL ECONOMIC DEVELOPMENT AND SMALL BUSINESS ASSISTANCE TECHNICAL ASSISTANCE WORK PLAN y� rI r i i I 1 i ( i c Prcpar,d For: ' Iowa City, Iowa I 1.� IN 431A .?31.x.% i i NARRATIVE SUMMARY This plan of work is intended to be a, basis for the prn- I vision of technical assistance throuqh peer to peer exchanges in selected CDBG Entitlement Communities. I j The MATCH Institution, under a joint working agreement be- tween the Small Business Administration and the Department of Housing and Urban Development, shall be partially compensated for work to be performed under this work plan. The technical assistance is targeted to a specific project or process and the expectation is that as a result of the tech- nical assistance provided, a reasonable chance of success exists. The program identifies tasks, estimates time commitments and defines schedules in order to facilitate and expedite the technical assistance process. j In addition, there is an attached budget summary which re- II flects the cost to you for The MATCH Institution's work, as well ' as the proposed level of effort and projected cost of the se- lected Development/Business Peer Expert. Please note that The MATCH Institution's work may be divided between Project Coordi- nation and Direct Technical Assistance delivery. The Project iCoordination cost is being paid by the SBA/HUD joint agencv faareement. The proposed work is to begin in August 1985, and be i completed by March 19 86 A combined total of 22 person days of effort are projected for MATCH and the Development/ Business Expert. Any follow-up time requirements after the delivery of this level of effort will be negotiated at the arpropriate time and by separate agreement. I i 2 The Community and MATCH shall indicate their concurrence I by executing this work plan. Please return one (1) copv to: The MATCH•Institution 2101 S Street, N.W. Washington, O.C. 2008 i i The parties have executed this work plan on 8th (day) Y of January 1986• � I For the Community For The MATCH Institution j BY: By: Tit Mayor Title: a j�p{eta::,! .. lepraved Vl­ Seminar Pormat MATCH -- 3 trips X $530.00 $1,590.00 Peer Expert (1 person from Miami, Fla. to Cedar Rapids) 600.00 Hotel -.$50/night, 6 nights 300.00 Ground transportation - 6 days, $50/day 300.00 Per Diem -.$50/day X 10 '500.00 $ 3, 290.00* Person Days Project Coordination 9 MATCH, 10 days paid by HUD/SBA Project Delivery - MATCH 4 X $325.00 1,300.00 Peer Expert - 8 X $300/day 2,400.00 $3,700.00 TOTAL: $6,990.00 •Includes the factor of 0 of I facilities. City of Iowa City MEMORANDUM Date: December 12, 1985 To: City Council J From: Patt Cain, Associate Planner l� Re: HUD/SBA Technical AssistanceforClear Creek Project Background In October, Council authorized execution of a Memorandum of Agreement with the Match Institution to develop a work plan for providing economic develop- ment technical assistance under the City's HUD/SDA grant. The primary activ- ity envisioned for this project is an intensive development "charrette" including key participants from each of the major parties of interest, i.e. the City, the developer and the University of Iowa. After the Memorandum of Agreement was approved, David Nesbitt, Match Institu- tion Co-director for the HUD/SBA Technical Assistance Project, visited Iowa City to inspect the site and discuss the project with representatives of the interested parties. In the memorandum attached, Mr. Nesbitt describes the proposed schedule for the symposium based on these discussions. Summary of Proposed Work Plan The attached memorandum lists the objectives and assumptions for the sympo- sium and details the proposed agenda. Note that the symposium will require one and one-half days and is scheduled for January 15 and 16, 1986. It will be held in the Stevens Conference Room and auxiliary rooms in Phillips Hall, University of Iowa. The peer expert will be Stephen Smith, an industrial real estate broker from South Florida. A summary of Mr. Smith's experience is attached. The project budget is included with the Technical Assistance Work Plan docu- ment in the Council packet. The total expected cost is $6,990, somewhat less than the preliminary budget of $8,921 (because of the use of only one peer expert instead of two as originally proposed). As offered before, the Clear Creek Investment Company will pay half the cost of the project; thus, the cost to the City should be approximately $3500. Actions Required by Council To move ahead with this project, Council should authorize execution of the Technical Assistance Work Plan, thereby committing to complete the project basically as proposed. With this concurrence, the City can then finalize arrangements for the symposium, invite participants and assemble any informa- tion/material needed by the City's representatives. a 3 /z 2 I In the near future Council must also designate its representatives to the ' symposium. It is essential that those selected as participants b.; able to j attend all sessions during this process. F bj4/13 r: Ip; r i F � I I I. i I' I I i I i t � I � I I 1 I i I i 1 I a3�z i I I •/ TT1 a3�z i •/ TT1 MAI�THEH V jNS1TITJ170N 2101 S Street Northwest (202) 745.4596 Telex: 440432 kjilZ Washington, DC 20008 MATCH s December 9, 1985 t, t'1 p.; }z. MEMORANDUM ' y TO: Patt Cain q ;) FROM: David Nesbitt RE: Tentative Schedule for the Clear Creek/Iowa City Development Symposium fy $# fg As per our discussion of December 4, 1985, the following reflects the tentative schedule and agenda for the Clear Creek/ Iowa City Development Symposium. �a The objective of the Symposium is to discuss and develop commitments in i, support of the Clear Creek industrial development. To that end, the products "hand produced shall be based on shake" agreements related to specific steps in the development process for implementation. Ile shall attempt to put time frames on each z major development issue, but given the nature of the industrial development business these "guesstimates."' will be Several assumptions need to be outlined. They are: £" 1. The session shall be limited to those participants t invited by Iowa City and concurred with by Clear Creek (12-15 persons, not including myself and Steve Smith). ky 2. The sessions shall be held at the University and - ° would be conducted on the 15th and 16th of January, 1986. 3. Facility coordination will be handled by Iowa City. However, appropriate zoning material (maps, etc.) should be available if necessary. Further, I will need at least two flip charts, markers, tape, and a pointer. If ° Clear Creek needs an easel or has other material that is part of their presentation, those should be in place the morning of the 15th. Each participant should have their 4 own note pad and pencil. Appropriate breaks have been included as indicated in the schedule. The schedule and objectives for each session are as follows: a3�z i I January 15, 1986 9:00 - 9:15 9:15 - 10:15 10:15 - 10:30 10:30 - 12:00 12:00 - 1:30 1:30 - 9:00 2 Coffee, introductions, material preparation, orientation to facilities SESSION I -- Clear Creek Overview The current status of the project to include the latest thinking, site plan, market and development approach, tentative issues of con- cern. BREAK Discussion of the project specifics. The objective of this session is to have all parties familiar with the intent and strategy of the development. Further, the discussion should focus on setting the parameters and identifying those items which the developer feels "must" be addressed by the public sector in support of their project. The public sector representatives should be shaping their "must" items which will be discussed on Day 2. LUNCH SESSION II -- Development and Economic Develop- ment Specifics The group will break into two sections. Section A shall consist of those representatives from the Clear Creek development team and Steve Smith to discuss the process and marketing, promo, aspects of developing a research oriented/high tech indus- trial park. Section B shall consist of those representatives from Iowa City, the University and Dave Nesbitt to discuss economic development in general, but specifically what other localities around the country have done in support of their economic development programs. Please note that these sections are not lectures, but rather should be full discussions using the Peer Experts as resources for the discussions, e.g., the discussion may require the Peer Expert to carry the first 30-95 minutes on the subject matter and then open the session to discussion. a3iz I 3 4:00 - 4:15 BREAK 4:15 - 4:30 Summary of the day's issues and review objectives for Day 2 4:30 - 5:30 Social Hour January 16, 1986 9:00 - 9:15 Coffee and administrative notes for Day 2. 9:15 - 10:30 SESSION III - Public/Private Commitments The discussion will focus on specific actions, concerns, and issues required by both parties to move the project to implementation. Please note that these are process agreements, since we recognize that in some cases formal public approval must be sought in support of specific development actions. 10:30 - 12:00 SESSION III Continuance (W/BREAK) 12:00 - 1:30 LUNCH This is a working lunch and should reflect a summation of the material covered and the consen- sus developed to that point. The lunch shall also include those items which need further study or represent points where further discussion is needed. The entire process and key points shall be provided in narra- tive form and a reasonable period of time provided for review and comment. To the extent that there exists proprietary information (financial, market/business contacts, special relationships), these shall be protected in the final report provided by.The MATCH Institution. The description of the process, format, and schedule may be used as examples for other localities contemplating a similar process. Please review the proposed format carefully and provide com- ment on same. Further, please indicate your concurrence by in -1 serting page 6 of our November 5, 1985 memo (which contains the revised bud7et) into the Work Plan and submit an executed copy to me. Thank you in advance for your cooperation and have a happy holiday season. DN/rb I i STEPHEN H. SMITH Mr. Smith is a licensed real estate broker in the State of Florida and presi- dent of Comreal Company, a full-service industrial real estate firm operating in Miami. He has 15 years commercial and industrial real estate experience in the South Florida area, and in 1984 his firm had the highest industrial and commercial leasing volume for South Florida. As a broker, he has repre- sented Fortune 500 clients in this area in filling their requirements for over two million square feet of research, office, warehouse and industrial space. Mr. Smith is a member of the National Real Estate Board and the Society of Industrial Realtors. He also is a founder of the South Florida Industrial and Office Park Association. .Zaiz City of Iowa City MEMORANDUM Date: December 10, 1985 To: City Council From: From: City ManagerA�� Re: Authorization for Purchase Contracts and Services By resolution the City Council has authorized the City Manager to initiate and execute contracts on behalf of the City without prior City Council action when the purchases are in accordance with the annual operating budget as approved by the City Council and for public improvement con- tracts where the total cost does not exceed $25,000. Under State law, public improvement contracts for less than $25,000 do not require formal bidding contracts. This language has been in effect for at least five years. However, the language of the resolution is not specific as to contracting for services. For example, the City recently approved a contract with the Department of Planning and Programming for an energy program which in- cludes provisions for specific professional services. To preclude any problem arising as to the legality of an agreement for services, it is recommended that.the resolution be amended so that the Manager's authori- zation will include budgetary items, contracts under $25,000 for public improvements and services under the amount of #25,000. The proposed revised resolution is attached. /sp 0 �I RESOLUTION N0. 85-366 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR VARIOUS PURCHASES IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET, CONTRACTS FOR PUBLIC IMPROVEMENTS WHEN THE TOTAL COST OF SUCH PUBLIC IMPROVEMENT DOES NOT EXCEED THE SUM OF $25,000, AND FOR SERVICES WHEN THE TOTAL COST OF SUCH SERVICES DOES NOT EXCEED $25,000. WHEREAS, pursuant to Resolution No. 80-397, adopted and approved on September 9, 1980, the City Council authorized the City Manager to initiate and enter into contracts for purchases in accordance with the Annual Operating Budget for public improvement contracts wherein the estimated total cost does not exceed twenty-five thousand dollars ($25,000), without prior City Council action, and for public improvements contracts where the total cost does not exceed twenty- five thousand dollars ($25,000), and i WHEREAS, it is desired that the language of the resolution be clarified to insure that similar authority exists for all service contracts which do not e exceed $25,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Resolution No. 80-397 be and the same is hereby rescinded, and 2. That the City Manager be authorized to initiate and execute the following purchases and contracts on behalf of the City of Iowa Ciiy without prior City Council action and to make expenditures on account thereof in accor- dance with the annual operating budget as approved by the City Council: A. Purchases ofgoods, supplies, equipment and materials; B. Public improvements contracts where the total cost does not exceed the amount of twenty-five thousand dollars ($25,000). I C. Contracts for the provision of services where the total cost does not exceed the amount of twenty-five thousand dollars ($25,000). It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon ro call there were: i AYES: NAYS: ABSENT: X_ AMBRISCO —X BAKER _ X DICKSON _1L ERDAHL —X MCDONALD X_ STRAIT X ZUBER Passed and approved this 17th day of 1985. ATTEST:�jj � '/,� CITY CLERK B Prop ld s a eparhnenl a3/3 ■ 1 RESOLUTION NO. 85-367 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY AND OLD CAPITOL CAB CO. OF IOWA CITY, INC. FOR FY86 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, it is in the public interest to provide taxi service to Iowa City residents in order to supplement the Johnson County/Iowa City SEATS program for delivery of special elderly and handicapped transit services, and WHEREAS, based on a competitive bidding process, City staff recommends the award of a contract to Old Capitol Cab Co. for the FY86 SEATS supplemental taxi service, and WHEREAS, Chapter 28E of the Codeof Iowa provides that the power exercisable by a public agency of this State may be exercised jointly with any other public agency of this State having such power, and i WHEREAS, Iowa City, Johnson County and Old Capitol Cab Co. have negotiated a 28E Agreement for the provision of supplemental taxi services for Iowa City residents and a copy of said contract is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That a contract for supplemental taxi service to the Johnson County SEATS program is hereby awarded to Old Capitol Cab Co. 2. That the Mayor is authorized to sign and the City Clerk to attest the 28E contract between the City of Iowa City, Johnson County and Old Capitol Cab Co, for supplemental taxi service to the Johnson County SEATS pro- gram. 3. That the City Clerk is directed to file the 28E Agreement with the Secre- tary of State and record same with the Johnson County Recorder. It was moved byHickson and seconded by Erdahl _ the Resolution be a op e , and uupon roll tail there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X_ Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of December��%% 1985. i ATTEST: �%% � �(%R Roeaivad r, A;�rr�ren CITY CL S Legal Depart iMf 8I— 0731 � ,■ 28E AGREEME14T FOR FY86 SUPPLEMENTAL TAXI SERVICE jf4 This 28E Agreement is made and entered into on the off% day of ����" �; 1985, by and between the City of Iowa City, a municipal corporation' ,herein- after referred to as "City," Johnson County and Old Capitol Cab Co. of Iowa City, Inc., hereinafter referred to as Old Capitol Cab Co. I. SCOPE OF SERVICES Old Capitol Cab Co. shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the John- son County SEATS program. II. GENERAL TERMS i 1. The origin and/or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service shall be the metropolitan area of Johnson County within the corporate limits of Iowa City, Coralville and University Heights. i i 2. The provision of transportation by Old Capitol Cab Co. under this s' agreement shall be administered by Johnson County SEATS. Elderly and handicapped residents of Iowa City shall call the SEATS dispatcher to request transportation. The SEATS dispatcher shall determine if the ride is eligible for subsidized taxi service and will inform Old Capitol Cab Co. dispatcher of the intended trip, whereupon a taxi will be dispatched. 3. For the purposes of this program, an elderly person is defined as an individual over 60 years of age; a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental impairments which seriously limit his/her ability to obtain adequate transportation either through the use of private automobile or public transit. This includes persons who are restricted to wheel- chairs. A spouse or companion accompanying eligible persons shall also be eligible to obtain rides. 4. The followinq trips shall be eligible for subsidized taxi service from Old Capitol Cab Co.: a. Medical (i.e. doctor, dentist, drug store); trips that cannot be easily scheduled 24 hours in advance. b. Any other trip that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category include social service, shopping, volunteer service, social/senior activity trips and employment - include regularly scheduled trips to and from a worksite. Taxi service shall be available 24 hours per day. Off -hour service must be scheduled during hours of SEATS operation. ■ 2 5. Old Capitol Cab Co. shall reserve the right to refuse service to any passenger that is being disruptive. The SEATS manager shall be notified of all instances where a passenger is refused service.- 6. ervice.6. Old Capitol Cab Co, shall notify the SEATS dispatcher if a scheduled pick up will be late. Old Capitol Cab Co, shall also notify the SEATS dispatcher if they arrive to pick up a rider and are unable to t locate the rider. 7. Old Capitol Cab Co, shall assist passengers getting into and out of the cab and also assist them in carrying groceries and packages. III. COMPENSATION 1. Each eligible participant shall pay Old Capitol Cab Co, a donation for each trip and the City shall subsidize the remaining cost of the trip. However, no eligible participant without a donation shall be denied a ride by Old Capitol Cab Co. In this situation, the City shall subsidize the entire cost of the trip. A determina- tion of the total trip cost shall be calculated from the rates submitted by Old Capitol Cab Co, in their bid for the service: $1.60 for the first mile and ;.50 for each additional half mile. The calculation of the first mile shall be mileage up to one and one-tenth miles and this shall also be the minimum charge. Each additional half mile shall be calculated at two-tenths and seven - tenths past the first mile. 2. On a monthly basis Old Capitol Cab Co, shall request reimbursement from the City for the amount of the trip subsidy. With this re- quest, an itemization of the date, time, donation, origin and destination of each trip shall be provided by Old Capitol Cab Co. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. IV. IDEMNIFICATION Old Capitol Cab Co, agrees to defend, idemnify and save harmless the City of Iowa City, its officers, employees and agents from any and all liability or claims of damages arising under the terms of this agree- ment. V. ASSIGNMENT Old Capitol Cab Co. shall not assign, sublet or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION Old Capitol Cab Co, shall not commit any of the following employment practices: a. To discharge from employment or refuse to hire any individual be- cause of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. '73 /V- 3 b. To discriminate against any individual in terms, conditions or privileges of employment because of their race, creed, color, na- tional origin, religion, age, sex, marital status, sexual orienta- tion or disability. VII. AFFIRMATIVE ACTION 1. Old Capitol Cab Co, agrees to complete an equal opportunity policy statement, as provided by the City of Iowa City. Old Capitol Cab Co. agrees to permit inspection of their records concerning the supplementary service by a person representing the City of Iowa City, Johnson County and/or the State of Iowa, during normal work- ing hours. VIII. DURATION This agreement shall be in effect from January 1, 1986, to June 30, 1986. Upon agreement by the parties hereto, the terms of this agree- ment may be extended an additional thirty (30) days. However, this agreement may be terminated upon thirty (30) days written notification by either the City or Old Capitol Cab Co. IX. EXTENT OF AGREEMENT This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the re- quirements of Chapter 28E, Code of Iowa. This agreement represents the entire agreement between the City of Iowa City, Johnson County and Old Capitol Cab Co. for subsidized taxi service as herein provided. It may be amended only by a written instrument signed by all parties. OLD CAPITOL CAB COMPANY CITY OF IOWA CCIITTY, IOWA B BY: ' ✓ Y7 nt o n McDonald, Mayor Attest: ZS1 Attest: Marian arr, c4yeftrk JOH SON OUNTY IOWA By. / - a rper n, Boar ot buup visors Attest: v»,�JQ oun yAUd1tor 173111- I }Y; Y, CITY OF . IOWA C QTY CMC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 December 18, 1985 i Mary Jane Odell Secretary of State Iowa State Capitol Building Des Moines, Iowa 50319 Dear Ms. Odell: The City of Iowa City, Johnson County, and Old Capitol Cab Company have entered into a 28E Agreement for the provision of taxi service for FY86 Seats program. Attached is the originally executed Resolution authorizing the Agreement, with the originally executed Agreement. These documents have been recorded with the Johnson County Recorder. Yours very truly, ;IV" if " _�� ) Marian K. Karr, CMC City Clerk 1 MARY JANE ODELL SECRETARY Of STATE a btatc of >tolua *ecretarp of btate Mec;aloins December 31, 1985 STATE CAPITOL SDILDNG DES MOINES, IA. 50319 515301 513841 Marian K. Karr, City Clerk City of Iowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement between Iowa City, Johnson County, and Old Capitol Cab Company for the provision of taxi service for FY86 Seats program. Dear Ms. Karr: We have received the above described 28E Agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1985 Code of Iowa. You may consider the same filed as of 1:54 P.M., Iecember 31, 1985. MJO/jh Cordially, Owl Mary J n Odell Secretary of State i F L JAN 21SCS MARIAN K. KARR ERK i CITY CL ( ) a3i� ' DEFERRED TO 12/20/85 mtg. RESOLUTION NO. RESOLUTION ABOLISHING VACANT POSITIONS. WHEREAS, Resolution No. 85-60 adopted by the City Council on March 12, 1985, establishing an operating budget for FY85 authorizes all permanent positions, and WHEREAS, vacancies currently exist which under the Civil Service Code are required to be filled within 90 days, and t WHEREAS, the financial position of the City does not permit these positions to be filled. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the authorization of personnel be amended by the removal, effective December 17, 1985, of the following permanent positions which are cur- rently vacant: j. A. One Code Enforcement Assistant in the Housing & Inspection Services rr Department. (Full-time) B. One Police Sergeant in the Police Department'. (Full-time) fC. One Firefighter in the Fire Department. (Full-time) D. One Maintenance Worker I in the Streets Division of the Public Works Department. (Full-time) E. One Recreation Supervisor in the Recreation Division of the Parks and Recreation Department. (Full-time) F. One Recreation Superintendent in the Recreation Division of the Parks and Recreation Department. (Full-time) G. One Sr. Clerk Typist -Minute Taker position in the Planning and Pro- gram Development Department. (Part-time) 2. That the authorization of personnel be amended by the removal, effective December 23, 1985, of the following permanent position, which is cur- rently vacant: A. One Sr. Accountant position in the Accounting Division of the Finance Department. (Full-time) .23/5 !1 ■ f It was moved by and seconded by be adopted, and upon ro ca ere were: i AYES: NAYS: ABSENT: i• AMBRISCO _ BAKER _ DICKSON i� ERDAHL ?` MCDONALD r STRAIT _ ZUBER Passed and approved this _ day of 1965. KAYOR ATTEST: i' CITY CLERK I; the Resolution I i Approved -4L--! - k r ,?3/S RESOLUTION NO. 85-368 RESOLUTION ESTABLISHI14G A REVISED LANDFILL USE FEE. WHEREAS, Resolution No. 85-336 established a revised landfill use fee for the purpose of recovering the State mandated fee of 25t per ton of solid waste required to be paid to the State; and WHEREAS, the above said resolution imposed an effective date of January 1, 1986, and it has now been determined that the 25t per ton fee to be paid k to the State need not be collected until April 1, 1986. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA " CITY, IOWA, THAT: p 1. Resolution No. 85-336 is hereby repealed. 2. In order to recover the State mandated fee, the use fee for the Iowa City sanitary landfill shall be #7.75 per ton of solid waste with a minimum charge of $1.05. This fee shall become effective April 1, '- 1986. It was moved by Bpker and seconded by Strait the Resolu- tion be adopted, and upon ro call there were: AYES: NAYS: ABSENT: F'+ X AMBRISCO _X BAKER DICKSON _1L ERDAHL )C_ MCDONALD _y STRAIT ZUBER Passed and approved this 17 day of December Q, 1985.x) AYOR ATTEST: CIT CLERK