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HomeMy WebLinkAbout1984-02-28 Resolutionj RESOLUTION NO. 84-36 RESOLUTION ACCEPTING WORK FOR A PORTION OF THE PAVING IMPROVEMENTS FOR FIRST AND ROCHESTER, PART ONE 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, For paving improvements for Lots 1 - 25 and Lot 36 of First and Rochester, Part One in Iowa City, Iowa as constructed by Metro Pavers, Inc. of Iowa City, 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 Ambrisco and seconded by Zuber that the resolution as read be adopted, and upon roll ca there were AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait i X Zuber Passed and approved this 28th- day of February 19 84. MAYOR ATTEST Rocelved & Approved CLERK BY 7 e Legal Deparhmsnt CITYi Z 2'+- S•i- 335 j i CITY CHIC CENTER Or- IOWA CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500 ENGINEER'S REPORT February 22, 1984 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and speci- fications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Paving improvements for Lots 1-25 and Lot 369 First and Rochester, Part One, in Iowa City, Iowa, as constructed by Metro Pavers, Inc., of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Re pe tfully s ittR t /v Frank K. Farmer City Engineer bjI/12 335 ; ■ --- � �y1 RESOLUTION NO. 84-37 RESOLUTION ACCEPTING WORK FOR A PORTION OF THE SANITARY SEWER AND STORM SEWER IMPROVEMENTS FOR FIRST AND ROCHESTER, PART ONE 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, For the portion of sanitary and storm sewer improvements for First and Rochester, Part One in Iowa City, Iowa as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. The portion of sanitary sewer improvements to be accepted is adjacent to Lots 1-38 and 44 of First and Rochester, Part One. The portion of storm sewer improvements to be accepted to Lots 1-25 and 36 of First and Rochester, Part One. 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 _Au& sco and seconded by_ Zuber that the resolution as read be adopted, and upon roll call there were- ` AYES: NAYS: ABSENT: -X-• Ambri sco -x— _ Baker -X -- _ Dickson — A Erdahl X McDonald X Strait X Zuber Passed and approved this 28th_ day of _ 19 February 84 , h 0 ATTEST:22� �(! Received & Approved GI TY CLERJ By Tie Legal DeparMiont L S 334 1 CITY CIVIC CENTER Or- IOWA CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT February 22, 1984 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and speci- fications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer improvements for Lots 1-38 and Lot 44 and storm sewer improvements for Lots 1-25 and Lot 36, First and Rochester, Part One, in Iowa City, Iowa, as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Re a tfull� su itted, U` z1t1__ Frank K. Farmer City Engineer bjl/12 336 N RESOLUTION NO. 84-38 RESOLUTION ACCEPTING THE WORK FOR.THE SANITARY SEWER i IMPROVEMENTS FOR THE CRUISE SANITARY SEVER EXTENSION 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, For sanitary sewer improvements for the Cruise Sanitary Sewer Extension in Iowa City, Iowa as constructed by Weber Brothers Construction Company of Mechanicsville, 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 Ambrisco and seconded by Zuber that the resolution aT read be adopted, and upon roll caTT there were: AYES: NAYS: ABSENT: Ambri sco X _ Baker X __ Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 28th day of February Ig 84, MAYOR Received & Approved ATTEST:L ���_ w py h Legal Deporhnont CITY CLEW mz $ i 337 ,1 1 CITY Or IOWA' CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT February 22, 1984 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and ,speci- fications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer improvements for the Cruise sanitary sewer extension in Iowa City, Iowa, as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. awz� Frank K. Farmer City Engineer bjl/12 I I j CITY Or IOWA' CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT February 22, 1984 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and ,speci- fications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer improvements for the Cruise sanitary sewer extension in Iowa City, Iowa, as constructed by Weber Brothers Construction Company of Mechanicsville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. awz� Frank K. Farmer City Engineer bjl/12 ■ RESOLUTION NO. RESOLUTION ESTABLISHING AN URBAN ENVIRONMENT AD HOC COMMITTEE WHEREAS, the City Council of Iowa City appreciates the many natural and historic features of Iowa City and is concerned that the amenities of Iowa City be preserved for the future enjoyment of Iowa City's people; and WHEREAS, the preservation of these features and amenities will require a positive effort on the part of the City Council. BE IT RESOLVED, that the City Council of Iowa City hereby establishes an ad hoc committee to be known as the Urban Environment Committee, which shall be charged with the following duties: 1. To recommend to the Council a policy for protecting fragile areas and historic sites, and any other policies relating to the urban environment which the Committee shall deem appropriate. 2. To promote wider responsibility for protecting natural and historic amenities. 3. To increase public awareness of the historic and natural features of our landscape. 4. To refer to and assist, as necessary, the Planning and Zoning Commission or any other appropriate Board or Commission in developing appropriate standards for protecting fragile areas, for the review of subdivision plans as they relate to the concerns of the Committee, and for the implementation of any other policies recommended by this Committee and approved by the City Council. 5. This committee shall be comprised of two members of the City Council, two members of the Planning and Zoning Commission, one member of the River - front Commission, one member of the Historic Preservation Commission, a citizen representative of environmental interests, a citizen representa- tive of development interests, and a member of the Design Review Commit- tee. 6. lice City Manager and City Attorney shall provide and assign such adminis- trative and legal support as the City Council may authorize for the Urban Environment Committee. 1. The report of the Urban Environment Committee shall be presented to the City Council on or before June 1, 1985, and the Committee shall be terminated on June 1, 1986. 13/Ie 3 RESOLUTION NO. 84-39 RESOLUTION ESTABLISHING A CONSULTATION POLICY FOR THE CITY COUNCIL AND THE PLANNING AND ZONING COMISSION WHEREAS, the City Council of Iowa City receives an a regular basis recommen- dations from the Iowa City Planning and Zoning Commission; and WHEREAS, the City Council may from time to time reach a different conclusion from that recommended by the Planning and Zoning Commission; and WHEREAS, the City Council believes that the best interest of Iowa City is served by a complete and open discussion and a full understanding of the Commission's recommendation on any issue, prior to final action being taken by the Council. NOW, THEREFORE, BE IT RESOLVED, that: In those instances in which the City Council has reached an informal consen- sus on a planning or zoning matter which is contrary to the recommendation of the Planning and Zoning Commission, the City Council will defer formal action on that matter until a discussion has taken place between the Council and representatives of the Planning and Zoning Commission. It was moved by Dickson and seconded by Strait the Resolution e a opte , and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco X Baker X Dickson X �_ Erdahl McDonald X Strait X Zuber Passed and approved this 28th day of February 1984. OR ATTEST: zz! n cur CLERK Received & Approved By The Legal Depart d' 2� 355 III Date: February 2, 1984 To: Planning and Zoning Commission From: Douglas Boothroy, Senior Pla Re: Council Policy re: ConsultationP&Z The attached resolution was -prepared at the request of the previous Council to establish a policy regarding matters in which the Commission and the Council disagree. This matter has not been reviewed by Council and is being submitted to the Commission for comment prior to Council's considerati.on. This subject came up during discussions of the new Zoning Ordinance when the City Council resolved to eliminate a requirement which would have mandated the Council to approve a rezoning request by an extraordinary majority vote when the Commission recommended against it. By elimination of the require- ment, the Council wished to establish a policy of consulting with the Planning and Zoning Commission prior to voting against its recommendation. bj4/2 355' I RESOLUTION ESTABLISHING CHARTER REVIEW COMMISSION. WHEREAS, the City of Iowa City Charter became effective on January 2, 1976, and, WHEREAS, the Charter provides that the City Council shall establish a Charter Review Commission at least once every ten years following the effective date of the Charter for the purpose of reviewing the Charter and recommending amendments to the electorate; and WHEREAS, the appointment of a Charter Review Commission is now appropriate so that Commission recommendations, if any, may appear on the ballot at the regular City election in November 1985 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Charter Review Commission be and the same is hereby established consisting of nine members to be appointed by the City Council in accordance with the appropriate procedures of the Charter; and, 1. The report of the Charter Review Commission shall be presented to the City Council on or before April 1, 1985; 2. The responsibility of the Charter Review Commission is to review the Iowa City Charter as prescribed by Section 8.02, Charter Review Commission; 3. The City Manager and City Attorney shall provide such administrative and legal support as the City Council may authorize for the Charter Review Commission. It was moved by -_tuber — — and seconded by Ambrisco the Resolution be adopted, and upon roll ca er1T� e AYES: NAYS: ABSENT: X Ambriscc X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 28th day of Pehruary , 1984. ATTEST: pa . h.uxi " A;+prev"d BY The. Irw'af Decartrxnt 3�. 1 I RECEIVE"I 7711 1 71984 February 15, 1984 To the Iowa City Council From: Steering Committee of Project GREEN, Emilie Rubright, 351 1818 The Steering Committee of Project GREEN nominates Nancy Seiberling for another term as trustee of the Green Fund. r I \k l RESOLUTION NO. 84-41 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AN AGREEMENT WITH B & B ENGINEERING SERVICES CORP. WHEREAS, the City of Iowa City, Iowa, has negotiated an amendment to an agreement with B & B E ineeri Services , a copy of said amendment being attached to this esolution an by this reference made a -part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said amendment to an agreement with B & B Engineering Services, Corp. for the design of the Rundell, Dearborn and Center water pumping station. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amendment to an agreement with B & B Engineering Services Corp 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting same. It was moved by Zuber and seconded by Strait the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco R Baker —X_ Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 28th day of February 19 84 , L& MAYOR ATTEST: _J%j�� X . eC4-1 CITY CLERK i that Raceivod & Approved By Tho Legal Deparnent � 376 i AMENDMENT TO AGREEMENT The City of Iowa City and B & B Engineering Services Corporation, entered into an agreement on April 20, 1983. The purpose of the agreement was to provide design services for a Pump Station for the Rundell, Dearborn and Center St. Storm Sewer Improvements. Section IV, Compensation for Services, provides that the City will pay an amount not to exceed $8,000.00 for performance of Phases 1, 2, 3 and 4 described in Section I.A. of the agreement. Based upon additional work being done by B & B, which neither Party had anticipated at the time of the agreement, the City of Iowa City and B & B Engineering Services Corporation have negotiated an adjustment to the base fee from $8,000.00 to $9,070.00. This addition $1,070.00 shall be paid as part of Phase 4 based upon the percentage of completion of Phase 4. All other provisions of the original agreement shall remain unchanged, and in full force and effect. The undersigned do state that this Amendment to Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: b— �� or ATTEST: B & B .NGINEERING SERVICES CORP.: aPpfoved Received & p.,P.,ip�enl BY1(�� La9K Ci� 376 ----- ... �h ^aty of Iowa Cl j MEMORANDUM Date: February 7, 1984 To: City Council and City Manager From: Frank Farmer, City Engineer Re: Dearborn, Rundell and Center Storm Water Improvements As you may recall, B&B Engineering Services Corporation has an agreement with the City of Iowa City for the design of the lift station portion of the Rundell, Dearborn and Center storm water improvements. Edward Brinton of B&B Engineering has requested additional compensation for the design of the lift station. See attached letter from Mr. Brinton. After the initial report, it was determined that two lift stations, one small and one larger one, would be required to handle the 100 -year storm water flows while ponding water approximately 18 inches. This required the design and sizing of an additional lift station, pumps, force main, and an outlet to the creek in an area already containing an abnormal number of utility lines. The design fees would have normally been established after the initial preliminary design report, had engineering anticipated the complexity of the project. However, a design report would have cost in excess of $1,000. I realize the agreement (attached) with B&B contains a "not to exceed" amount of $8,000, but the project entailed more design than originally anticipated. B&B's actual direct labor expenses, including employee benefits, etc., but not including overhead and profit, is $7,887.35. Based on the complexity, the design cost for this project would normally be in the neighborhood of $14,000-18,000. B&B is not requesting this additional amount, but they suggest and I recommend following the Department of Transportation's standard publication for force account work, in that 15% would be added to the actual expenses to cover overhead and profit. This would amount to an additional payment of $1,070. Chuck, Schmadeke concurs with this recommendation. If you so desire, I will discuss this proposal with you at your convenience. cc: Chuck Schmadeke bj5/9 376 1 RESOLUTION NO. 84-42 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City is the recipient of 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 Title I of i Public Law 98-8 (the "Jobs Bill"); and, WHEREAS, the City Council did, by Resolution No. 83-339 dated October 11, 1983, authorize and enter into an agreement with The Emergency Housing Project, Inc. to utilize CDBG funds to acquire, rehabilitate, and operate an emergency housing facility for transients and other persons with emergency housing needs; and, WHEREAS, it is necessary to revise the schedule for performance under the terms of the said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor be authorized to sign and the City Clerk to attest an amendment to the Agreement with The Emergency Housing Project, Inc. Said amendment is attached to this resolution and is incorporated herein by this reference. It was moved by Ambrisco and seconded by Strait the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I X AMBRISCO BAKER X DICKSON _ X ERDAHL X MCDONALD X STRAIT 8 ZUBER Passed and approved this 28thday of February 1984. YOR ATTEST:)hx/ Ain... i ! G1 N CLERK _cah,ed R Apn.nv" Ely i1r. f gal @ "+ tcndnl 371 RESOLUTION NO. 84-42 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City is the recipient of 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 Title I of i Public Law 98-8 (the "Jobs Bill"); and, WHEREAS, the City Council did, by Resolution No. 83-339 dated October 11, 1983, authorize and enter into an agreement with The Emergency Housing Project, Inc. to utilize CDBG funds to acquire, rehabilitate, and operate an emergency housing facility for transients and other persons with emergency housing needs; and, WHEREAS, it is necessary to revise the schedule for performance under the terms of the said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That the Mayor be authorized to sign and the City Clerk to attest an amendment to the Agreement with The Emergency Housing Project, Inc. Said amendment is attached to this resolution and is incorporated herein by this reference. It was moved by Ambrisco and seconded by Strait the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I X AMBRISCO BAKER X DICKSON _ X ERDAHL X MCDONALD X STRAIT 8 ZUBER Passed and approved this 28thday of February 1984. YOR ATTEST:)hx/ Ain... i ! G1 N CLERK _cah,ed R Apn.nv" Ely i1r. f gal @ "+ tcndnl 371 ■ ,_ AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY This agreement, entered into this 2Bth day ofEV M1e , 1984, by and between the City of Iowa City, a municipacrpo�ion (herein referred to as the "City"), and The Emergency Housing Project, Inc., a private non-profit corporation (herein referred to as "EHP"), is an amendment to the agreement providing for an emergency housing facility. This agreement amends portions of the original agreement executed October 18, 1983, as follows: PART I II. TIME OF PERFORMANCE: The performance schedule is hereby amended as follows: Program Element Deadline 1. Secure contract to purchase property March 1, 1984 2. Contract for property rehabilitation May 15, 1984 3. Take possession of property June 1, 1984 4. Complete property rehabilitation August 1, 1984 and begin facility operation 5. Continue facility operations August 1, 1984 thru December 31, 1990 III. COMPENSATION AND METHOD OF PAYMENT: The City will pay and EHP agrees to accept in full an amount not to exceed one hundred twenty-five thousand dollars ($125,000) for performance under this agreement, as follows: i 1. Partial payment will be made upon presentation of a properly executed real estate sales agreement for purchase of the prop- erty. Said partial payment will be in the amount required as downpayment for the property. 2. Partial payment equal to the balance of the purchase price for the property will be made upon written request of EHP, such amount to be available at the time of the closing of the. pur- chase; provided the required insurance coverage (Section IV.0 of Part I of this Agreement) is obtained. 371 0 2 3. The balance of the amount payable hereunder will be paid upon presentation of a properly executed contract for the rehabilita- tion of the structure, subject to the proposed rehabilitation work, as provided in said contract, meeting HUD minimum require- ments as determined by the City. 4. The City may also, upon request of EHP, advance funds under this agreement directly to such providers of professional and techni- cal services (architectural, appraisal and the like) as are reasonable and necessary to achieve the purposes of this agree- ment. 5. The total of the above payments will not exceed $125,000. PART I1 I. PERFORMANCE AND REPORTING: Section E is hereby amended to read as follows: E. Not later than September 30, 1984, EHP will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. In witness whereof, the parties .hereto have executed this agreement on this 28th day of Febnlary , 1984. CITY OF IOWA CITY, IOWA By: ATTEST: EMERGENCY HOUSING PROJECT, INC. By: ATTEST: By QLL� fe,� 61 lteceFved & APPro'd By The Legal U, llartmenl 371 a ity of Iowa City I-,--- MEMORANDUM Date: February 21, 1984 To: City Manager A& Re: City Council From: Lyle Seydel A& - Re: Consolidated Annual Contributions Contract KC9166 HUD procedures require separate contracts, depository agreements, account- ing and budgeting for each housing project until project .completion and the project has gone through the Initial Operating Period, Both of the public housing projects have reached this stage. For ease in budgeting and accounting, a request to consolidate the two projects was forwarded to HUD February 1, 1984 and approved February 14, 1984. Consolidating to one contract merely facilitates and permits one set of accounting records and one budget. Nothing else has changed in the contract. bc2 37a Section 5. This resolution shall take effect immediately. 4aiyor ATTESGT: City Clerk kw*,.Od & Approved By Tho Legal Denpad"lunf 2 LS S'I^ RESOLUTION No. 84-43 RESCLUTICN AUIHORIZING EXECAPICN CF CCNSOLIDATED ANNUAL CCNTRIBUfICNS CCNT'RACT AND GENERAL DEPOSITARY AGREEMENT WHEREAS, Iowa City Housing Authority Iona (herein called the "Local Authority") proposes (1) to enter into a contract (herein called the "Consolidated Annual Contributions Con- tract") with the United States of America (herein called the "Govern- ment"); and (2) to enter into an agreement (herein called the "General Depositary Agreement") with First National Bank (which is a member of the Federal Deposit Insurance Corporation and is - herein called the "Bank"); all with respect to any "Project" as defined in the Consolidated Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUIHORITY, AS FOLLOWS: Section 1. The Consolidated Annual Contributions Contract in substantially the form of contract hereto attached and marked "EKhibit A" is hereby ap- eproved and accepted both as to form and substance and the Mayor.;:; :._.. y Q-�- is hereby authorized and directed to execute said Contract in Lu two copies on behalf of the Local Authority, and the City-Clerkis here - by authorized and directed to impress and attest the official seal of the Z Local Authority on each such counterpart and to forward said executed counter - a x parts, or any of then, to the Government together with such other documents W evidencing the approval and authorizing the execution thereof as may be re- quired by the Government. q Z Section 2. The General Depositary Agreement in substantially the foam of agreement hereto attached and marked "Exhibit B" is hereby approved and Z accepted both as to form and substance and the 1. ,Mayor.:. M is hereby authorized and directed to execute said Agreement in two p copies on behalf of the Local Authority, and the City Clerk is hereby 0 authorized and directed to impress and attest the official seal of the Local Authority to each such counterpart, and to forward two executed counterparts hereof to the Government, together with such other documents c W evidencing the approval and authorizing the execution thereof as may be ore3uired by the Government. Section 3. Menever the following terns, or any of then, are used in this a Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution: shall mean this resolution. (2) All other terns used in the Resolution and which are defined in the Consolidated Annual Contributions Contract shall have the re- spective meanings ascribed thereto in the Consolidated Annual Contributions Contract. Section 4. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorize the issuance and/or delivery of Advance Notes (sometimes called "Advance Loan Notes") pursuant to the Annual Contri- butions Contract remain in full force and effect. Section 5. This resolution shall take effect immediately. 4aiyor ATTESGT: City Clerk kw*,.Od & Approved By Tho Legal Denpad"lunf 2 LS S'I^ `.,. •.. '! : 1.169 ('or.m.rly 6A-3010) As A en=led by 53010C March 1972 and 24 CFR § 899.102 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LAW -RENT PUBLIC HOUSING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PART ONE IA022003 PROJECT NO.:TA05P022004 CONTRACT NO.: K6-9166 THIS AGREEMENT entered into as of the 23rd day of March' .& 1984 , (herein called the "Date of This Contract") by and between the UNITED STATES OF AMERICA (herein called the "Government"), pursuant to the United States Housing Act of 1937 (42 U.S.C. 1401, et seq., which Act as amended to the Date of This Contract is herein called the "Act1°S and the Department of Housing and Urban Development Act (5 U.S.C. 624), and City of Iowa City, Iota - w (herein called the "Local Authority"), which is a body corporate and politic organized V) and existing under the laws of the State of Iowa X (herein called the "State") and a "Public Housing Agency" Lu as defined in the Act. D . _ W I T N E S S E T H WHEREAS, the parties have entered into various agreements pursuant to which Cthe T ---cal Authority has asrc--4 to undertake the daaelopment and operation of certain C1 -low-rent housing and the Government has agreed to render financial assistance in t connection therewith, which agreements are identified as follows: u9 IA022003 - KC -9132 o IA05P022004 - KC -9160 0 0 M n. and, WHEREAS, the parties desire to consolidate their undertakings with respect to all such housing under a single agreement; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties do agree as follows: Sec. 1. Consolidation of Annual Contributions Contracts The agreements described above are hereby consolidated into this Contract and this Contract is'hereby substituted for such agreements, Provided, That, this novation shall in no way affect obligations outstanding, accountings due, or other actions taken pursuant to such agreements, all of which matters shall be administered pursuant to and under this Contract. Sec. 2. The Projects (A) The Local Authority, with the financial assistance of the Government, has developed and is undertaking the operation of certain low -rent housing as defined in the Act, identified as follows: 3 I .. , ::'7vemuer iuov (Formerly pHA -3010) As Amended by 53010C March 1972 and 24 CFR 55 899.102 Number of Project No. Duelling Units N/A Name of Project (B) The Local Authority is undertaking the operation of certain low -rent• housing as defined in the Act, which housing was conveyed by the Government to the Local Authority on the Conveyance Date and is identified as follows: Conveyance Number of Project No. Date Dwelling Units Name of Project W Z XN/A W O S Z(C) The Local Authority is undertaking the development or acquisition and I operation of additional low -rent housing as defined in the Act, as follows: z j Project No. Estimated Number of Dwelling Units W F IA022003 32 IA05PO22004 20 U 7 g tC a. (D) Each Project identified in Subsection (C) is more fully described in a statement (herein called a "Development Program") which has been adopted by the Local Authority. (E) Each Project identified in this Sec. 2 is herein called a "Project" and, if more than one Project is so identified, are herein collectively called the "Projects." Sec. 3. Completion of Proiects (A) The Local Authority shall proceed with the timely development of the Projects identified in Sec. 2 in conformity with such dates for the completion of various stages of development as are established for the Projects by the Government and transmitted to the Local Authority by letter. (B) If the Local Authority shall fail to prosecute diligently the development of any Project as required by subsection (B) of Sec. 102 or to proceed with the timely development, as described in subsection (A) of this Sec. 3, of any Project and the Government has notified the Local Authority of such failure, the Local Authority shall suspend the development of the.Project and shall take whatever action is necessary to 3?a W z Z LU X W D x z W f W LuO O W W U 0 O CL (t'orrarly+PNA-3010) As Amended by 53010 March 1972 and 24 CFR § 899.102 conserve monies and assets.'and to stop overhead expenses and losses with respect to such Project. Upon the award of the Main Construction Contract (as defined in Sec. 107) for any Project comprising a number of units less than the number of units specified for such Project in subsection (C) of Sec. 2, the Local Authority shall suspend the development of the remaining number of units and shall take whatever action is necessary to conserve monies and assets and to stop overhead expenses and losses with respect to the remaining number of units unless (1) a Development Program for the remaining number of the units has been submitted by the Local Authority and approved by the Government and (2) this Contract has been amended to (a) specify the reduced number of units and Development Cost of such Project, and (b) identify the remaining number of units by separate project number and specify the Development Cost therefor. Any monies in the General Fund for the development of a Project, suspended in whole or part, in excess of the monies needed therefor under the aforesaid limitations shall be promptly applied to the payment of any Advance or Temporary Notes outstanding in.connection with such Project. (G) The Government shall not be obligated to make any further advances (except such advances which the Government determines to make to the Local Authority for its payment of approvable obligations incurred prior to the notice by the Government to the Local Authority or award of the Main Construction Contract referred to in subsection (B) above) or any annual contributions in respect to any suspended low -rent housing unless and until the Local Authority demonstrates to the satisfaction of the Government that it is willing and able to proceed expeditiously with the development of such suspended low -rent housing and the Government, in its sole discretion, determines at that time that it shall render financial assistance to the Local Authority with respect to such housing. i (D) The amount of the advances made by the Government on account of the loan for a suspended low -rent housing, together with interest thereon at the applicable Loan Interest Rate to the date of repayment, shall be paid from any funds of the Local Authority available therefor, including the gnnual payment of all receipts in excess of expenditures necessary for management, operation, maintenance, and reasonable reserves in connection with each low -rent housing project (under this Contract or any other contract between the Local Authority and the Government under authority of the Act) presently or hereafter developed or operated with the financial assistance of the Government or conveyed to the Local Authority by the Government, after (1) the payment of all obligations in connection with such project for which annual contributions are pledged or (2) the Administration Period for such project, as the case may be. (E) The provisions of subsection (B) and (D) of this Sec.3 shall not be in lieu of any rights or remedies which may accrue to the Government by law or under this Contract but shall be in addition to all such rights and remedies. Sec. 4. Development Cost of Projects (A) The Local Authority represents and the Government hereby finds that the Actual Development Cost of each Project identified in subsection (A) of Sec. 2, is as follows: PROJECT NO. ACTUAL DEVELOPMENT COST N/A Actual Development Cost Certificates as defined in Sec. 405 have been issued - or equivalent action taken with respect to all Projects identified in this subsection (A). (B) The Local Authorityrepresents and the Government hereby finds that the cost of Projects NW/A all of which were completed on.or before January 1, 1948, excluding the cost of land, demolition, and Nondwclling Facilities, did not exceed $ per family dwelling unit, nor $ N/A per room included in such Projects. 37a r.. Novedibnr 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR Sb 899.102 (C) The Local Authority represents and the Government hereby finds that the cost per room for construction and equipment, excluding land, demolition, and Non -dwelling Facilities, for Projects N/A all of which were completed after January 1, 1948, did not exceed the cost limitatio.-.s prescribed in or established pursuant to Sec. 15(5) of the Act. (D) The Local Authority represents'that the Development Cost of the Projects identified in subsection (C) of Sec. 2 shall not exceed the following: Project No. IA022003 IAO5P022004 Estimated Number of Dwelling Units _ 32 20 Estimated Total Development Cost $1,701,379.00 $1,062,398.00 Initial Loan Commitment $170,138.00 $106,240.00 LU co W Q. Development Cost of Project X W The Local Authority estimates that the total Development Cost of each Proje:t will not exceed the Estimated Total Development Cost therefor as specified in Sec. 1, = which estimate is approved by the Government. The respective amounts of such Estimated Z Total Development Cost, or the latest revisions thereof pursuant to the provisions of L Part Two hereof, are herein called the "Maximum Development Cost" of the respective Z Projects or of all the Projects in the aggregate as the context indicates. The Local ui Authority, however, shall complete the development of the Projects at the lowest 0 possible cost, and in no event at a cost in excess of the aggregate amount of the 0 aforesaid Estimated Total Development Cost. Provided, however, that as to any Projec: for which the award of (i) the Main Construction Contract, or (ii) a Turnkey Prelimiry p Contract of Sale or Contract of Sale is approved by the Government on or after April :a, Lu 1971, the Development Cost for construction and equipment of such Project (excluding Gland, demolition, and Non -dwelling Facilities) shall not exceed by more than ten perceatum- 0 the appropriate prototype cost for the area in which such Project is situated as sadetermined by the Goverhment pursuant to Section 15(5) of the Act and which is in effect on the date of the Government's approval of the award of such Contract in lieu of the specified Development Cost per room. Cost Limits (1) The Development Cost for construction and equipment of each Project (excluding land, demolition, and Non -Dwelling Facilities) shall not exceed by more t..= ten (10) percentum the appropriate prototype cost for the area in which such Project fs situated as determined by the Government pursuant to Section 15(5) of the Act and whi=h is in effect on the date of the Government's approval of the award of the Main Construction Contract. (2) The term "Non -Dwelling Facilities" as used -in this Contract includes non -dwelling structures, spaces, and equipment, and site development, improvements a:: facilities located outside building walls (including streets, sidewalks, and sanitary, utility, and other facilities, but excluding separate heating plant structures, equipment, and distribution lines). Sec. 5. Covenant to Develop and Operate The Local Authority shall develop each Project being or to be developed and shall operate all Projects covered by this Contract in compliance with all provisions of this Contract and the Act, all regulations issued by the Government pursuant there 1, and applicable provisions of state and local law. 3�a Ndvember 1969 (Formerly pHA -3010 As Amended by 53010C March 1972 and 24 CFR § 899.102 Sec. 6. Cooperation Agreement With respect to the Projects, in compliance with Sec. 10(a), Sec. 10(h), and Sec. 15(7)(b) of the Act, the Local Authority has entered into, and the Government has approved, an agreement or agreements with the governing body or bodies of the locality or localities in which such Projects are or will be situated, as follows: Project No. Governing Body Of: Date of Agreement IA022003 IA05PO22004 Io"m City, Iowa Iowa City, Iowa April 4, 1978 July 17, 1979 LU Such agreement or agreements collectively are herein called the "Cooperation Agreement." U) 15 Sec. 7. Justification for Projects and Financial Assistance by the Government CLX w The Local Authority has demonstrated to the satisfaction of the Government j that there is a need for such low -rent housing which is not being met by private = enterprise. The development and operation of each Project in ac.:ordance with this Z Contract will provide decent, safe, and sanitary dwellings within the financial reach Lu of families who are in the lowest income group and who cannot afford to pay enough to 2 cause private enterprise in their locality or metropolitan area to build an adequate Lu supply of decent, safe, and sanitary dwellings for their use (which families are herein Gcalled "Families of Low Income"), and the provisions of this Contract are adequate to assure that each such Project will be developed and operated in compliance with all the requirements of the Act. The loan herein provided is necessary to assist the development of each Project, and the annual contributions payable in the amounts, for w the period, and in the manner herein provided are necessary to achieve, maintain, and assure the low -rent character of each such Project. v M Sec. 8. Tax Exemption of Project IL IL Under the Constitution and Statutes of the State each Project is exempt from all real and personal property taxes which may be levied or imposed by the State, city, county, or other political subdivisions. Sec. 9. Loans and Annual Contributions (A) Subject to and in accordance with all the provisions of Part Two herec_, and in order to assist the development of each Project, the Government shall lend to the Local Authority amounts (the total of which is herein called the -"Maxim= Loan Commit- ment) as determined pursuant to Sec. 410. Each advance on account of the loan for any Project shall bear interest on the unrepaid principal amount thereof from the date the advance is made to the date of repayment at the rate or rates (herein called "Lo= Interest Rate") as the Government determines on the date such advance is made and redetermines on each anniversary of such date to be equal to the rate per annum borne by Government obligations on each such date pursuant to Sec. 20 of the Act: Provided, That the Loan Interest Rate for each advance, which shall be adjusted annually as provided herein, shall not be less than the "Minimum Loan Interest Rate" specified i= the following subsection (B) for such Project. (B) The "Initial Loan Commitment" for each Project which has not been Permanently Financed on the Date of This Contract and the Minimum Loan Interest Rate for all the respective Projects shall be as follows: ala November 1969 (Formerly PEA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 Project No. IA022003 IA05PO22004 Initial Loan Commitment $170,138 $106,240 Minimum Loan Interest Rate 6.625 6.625 (C) Subject to and iu accordance with all the provisions of Part Two hereof, and in order to assist in achieving and maintaining the low -rent character of each Project, the Government shall make annual'contributions to the Local Authority in amounts as determined pursuant to Part Two. (D) The "Maximum Contribution Percentage" and "Maximum Number of Contributions" for each Project and the "Maximum Contribution Period" for Projects where such period LU has been determined as of the Date of This Contract shall be as follows: V) Z . W Maximum Contribution Maximum Number Maximum Contri:utiom LX Project No. Percentage of Contributions Period u 0 _ IA022003 7.177 40 40 f - w IA05PO22004 7.177 40 40 Z 5 0 C7 ' SThe Maximum Contribution Period for any Project where such period has not been deterz=-ted _ as of the Date of This Contract shall begin on the date the first annual contribution e with respect to such Project is paid pursuant to Sec. 415, and continue for consecutira 0 years of a number equal to the Maximum Number of Contributions for such Project. n. (E) The making of this Contract and the undertakings of the loans and annual contributions herein provided for were approved on List Nos.7A022003-KC-81-189; IAHP022004-Amended List No. KC -83-046. Sec. 10. Bonds, Fiscal Year, Annual Contribution Date, and Related Matters (A) With respect to the Projects, the Local Authority shall authorize, issue, and sell to others than the Government, obligations of the type prescribed in Sec. 411 (herein called the "Bonds"), all as prescribed in Part Two of this Contract, which Bonds shall be in addition to those heretofore issued by the Local Authority as described in the following subsection (B). (B) As of the Date of This Contract the Local Authority has issued and delivered its Bonds to finance the Development Cost of the Projects, as follows: Project No. Bond Issue Principal Amount N/A 37a I W to Z W Q. X w O S Z W Z e: W O (7 W U 0 O it Q. November 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 (C) Notwithstanding any of the provisions of this Contract: ,1. The Fiscal Year under this Contract shall be each period of twelve consecutive months beginning with July 1 2. The Annual Contribution Date under this Contract shall be December 15' of each year: Provided, That the semiannual installments of any Accruing Annual Contribution allocable to any issue of Bonds shall be paid on the fifteenth day of the mdnth prior to each interest payment date of such Bonds. 3. The Fiscal Agent under this Contract shall be as designated in the Bond Resolution. (D) To further evidence its covenant not to convey or encumber the Projects (except as expressly authorized herein) the Local Authority has executed and delivered certain Declarations of Trust of record at Johnson County Recd er s Office of ToM95H County Sec. 11. Additional Special Provisions for Project Nos. The following additional provisions and modifications of either this Part One of Part Two hereof shall apply to Projects N/A (A) The maintenance and operation of each such Projedt in strict compliance with the provisions of this Contract, the application or payment of the Residual Receipts of such Projects and payment to the Government of the proceeds of sale of any such Project or part thereof as provided herein, and the performance of all other obligations of.the Local Authority herein provided for, constitute the consideration for conveyance of the Projects. The Government hereby determines such consideration to be the fair value of Project for housing purposes of a low -rent character. Projects N/A are consolidated hereunder pursuant to authority of the so-called Lanham Act (Public Law 849 - 76th Congress, as amended, particularly the Amendments contained in the Housing Act of 1959, Public Law 86-372). (B) For the Period (herein called the "Administration Period") from the Date of This Contract to a date which is 40 years after the Conveyance Date of each such Project as specified in Sec. 2(B) the Local Authority shall maintain and operate each such Project in accordance with the provisions of this Contract. (C) For each Fiscal Year during the Administration Period with respect to which no annual contributions are payable pursuant to Sec. 415 of this Contract, the Local Authority shall pay to the Government all Residual Receipts derived from such Projects which payments shall be made within 60 days after the end of any such Fiscal Year. 0 (D) If, at any time during the Administration Period, the Government and the Local Authority agree that any such Project or part thereof should be sold, such sale shall be to the highest responsible bidder after advertising, or at fair market value as approved by the Government, and the proceeds of such sale (together with any reserves allocable to such Project in the event such Project is sold in its entirety) shall be paid to the Government. (E) The Government shall not make any loans or annual contributions pursuant to this Contract with respect to any such Project. (F) Such Projects shall not constitute Permanently Financed Projects within the meaning of this Contract or any Bond Resolution heretofore or hereafter adopted by the Local Authority. 3_7a I i� UJ co Z n. X w x 2 W 2 2 X O O H U D ¢O a. tiovember 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 (G) To the extent that this Section conflicts with any other provision of this Contract, the provisions of this Section sball be controlling with respect to such Projects. (H) The term "Administration Contract" as used in the instrument of conveyance of each such Project shall, after the Date of This Contract, be construed to mean this Contract. Sec. 12. National Emergency (A) The Local Authority shall, (1) drring any period of national emergency in connection with national defense as declared by the President of the United States or any period during which a state of war between the United States and any foreign power exists, and (2) upon either a determination by the President of the United States that there is an acute shortage of*housing in the locality of any Project which impedes the national defense and that the necessary housing would not otherwise be provided when needed for persons engaged in national defense activities, or a ' determination by the President of the United States that there is an acute reed for housing in the locality of any Project to assure the availability of dwellings for persons engaged in national defense activities to the maximum extent authorized or permitted under applicable Federal and State laws then in effect, operate such Project to provide housing for persons engaged in national defense activities. (B) If, by reason of any such emergency or state of war, the construction of any Project is either prohibited or stopped prior to the delirery of Bonds and it appears that such prohibition or stoppage of construction will. continue for an extended period, the Local Authority shall refrain from the award of any further Construction or Equipment Contracts, shall take in respect to Construction or Equipment Contracts already let whatever action is reasonably necessary to conserve monies and assets (including termination or settlement of any outstanding Construction or Equipment Contracts), and shall take all other reasonable actions necessary to minimize overhead expenses and losses. Any monies in the General Fund for the development of such Project in excess of the amounts needed therefor under the aforesaid limitations shall, upon request of the Government, be applied to the payment of any Advance Notes or Temporary Notes issued in connection with 'such Project, and the Government shall not be obligated to make any further advances with respect to work under Construction or Equipment Contracts until such prohibition or stoppage is ended. Nothing in this subsection (B) shall be construed as prohibiting the Local Authority from proceeding with site acquisition and the completion of plans, drawings, specifications, and related documents, Sec. 13. Incorporation of Part Two in This Contract The Terms and Conditions embodied in Form HUD -53011, November, 1969, are incorporated herein by reference and constitute Part Two of the Annual Contributions Contract as amended to the date hereof, and shall supercede all earlier issuances of such Terms and Conditions referred to in such Contract. i Sec. 14. Additional Provisions and Modifications The following additional provisions and modifications of either Part One or Part Two, as hereafter set forth constitute the only modifications to this Contract: (A) Nondiscrimination in Housing (1) In connection with the development and operation of any program or activity of the Local Authority receiving Federal financial assistance under the United States Housing Act of 1937, regardless of when such program or activity, or any portion thereof, was initially covered by any contract for such assistance, and for as long as the real property or structures thereon in such program or activity, or any portion thereof, is used for a purpose for which the Federal financial assistance was extended 3�a W co w X W D 2 a W O O Q. november 1969 (Formerly PHA -3010) As Amended by 53010C Hatch 1972 and 24 CFR § 899.102 or for another purpose involving the provision of similar benefits, 'the Local Authority will, comply with all requirements imposed by Title VI of the Civil Rights Act of 1964, Public Law 83-352, 78 Stat.241; the regulations of the Department of Housing and Urban Development issued thereunder, 24 CFR, Subtitle A, Part 1, Section 1.1 et seq.; and the requirements of said Department pursuant to said regulations; to the end that, in accordance with that Act and the regulations and requirements of said Department thereunder, no person in the United States shall, on the ground of race, color,or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any such program or activity. The Local Authority will be contractual requirement, covenant, or other binding commitment, assure the same compliance on the part of any subgrantee, contractor, subcontractor, transferee, successor in interest, or other participant in the program or activity, such commitment to include the following clause: "This provision is included pursuant to the regulations of the Department of Housing and Urban Development, 24 CFR, Subtitle A, Part 1, Section 1.1 et seq., issued under Title VI of the said Civil Rights Act of 1964, and the requirements of the said Department pursuant to said regulations; and the obligation of the (contractor or other) to comply therewith inures to the benefit of the United States, the said Department, and the Local Authority, any of which shall -be entitled to invoke any remedies available by law to redress any breach thereof or to compel compliance therewith by the (contractor or other.)" (2) The Local Authority shall not, on account of creed, discriminate in the sale, leasing, rental, or other disposition of housing or related facilities (including land) included in any Project or in the use or occupancy thereof, nor deny to any family the opportunity to apply for such housing, nor deny to any eligible applicant the opportunity to lease or rent any dwelling in any such housing suitable to its needs. (3) Failure of the Local Authority to comply with the requirements of (1) or (2) above shall constitute a Substantial Default under any contract between the Government and the Local Authority covering Federal financial assistance under the United States Housing Act of 1937, and this Section shall be construed to apply so long as any such contract is in force or effect. (B) The Local Authority will acquire Project No. N/A pursuant to a Contract of Sale to be entered into between the Seller and the Local Authority. Prior to the execution of such Contract of Sale, the Local Authority may enter into a Preliminary Contract of Sale with the Seller to enter into such Contract. Such Preliminary Contract and such Contract shall bear the written approval of the Government. Failure of the Local Authority to expeditiously continue the undertaking of the Project or to comply with the Preliminary Contract or Contract, or if the Preliminary Contract or Contract is held to be void, voidable or ultra vires, or if the power or right of the Local Authority to enter into the Preliminary Contract of Sale or the Contract of Sale is drawn into question in any legal proceeding, or if the Local Authority asserts or claims that the Preliminary Contract or Contract is not binding upon the Local Authority for any such reason, tha•occurrence of any such event, if the Seller is not in default, shall constitute a Substantial Default for the purpose of Article V hereof and, in such case, the Government will continue the undertaking of the Project and will take delivery of such right, title or interest in the Project as the Local Authority may have and perform such Preliminary Contract of Sale or Contract of Sale, as the case may be. The provisions of this paragraph are made with, and for the benefit of, the Seller and his assignees who will have been specifically approved by the Government prior to such assignment. To enforce the performance of this provision, the Seller and such assignees, as well as the Local Authority, shall have the right to proceed against the Government by action at law or suit in equity. In order to assist in financing the acquisition cost (herein called Development Cost) of the Project, the Government shall lend to the Local Authority an amount equal to the Maximum Development Cost of the Project. 37R :,ovember 1969 (Formerly PHA -3010) As Amended by 53010C :Larch 1972 and 24 CFR § 899.102 (C) Site Acquisition and Relocation of Site Occupants .The Lucal Authority understands and agrees that, anything in this Contract to the contrary notwithstanding, acquisition of Project sites and relocation of, and payments to, site occupants will be carried out in accordance with all regulations and requirements of the Government and in compliance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, approved January 2, 1971). The Local Authority further warrants and agrees that it is able to comply with such requirements and the assurances required by Sections 210 and 305 of Public Law 91-646 are hereby given. Costs and expenses, as approved by the Government, of compliance with said requirements will be included in the Development Cost of the Piojects. (D) Terms Redefined. The terms "Advance Note" and "Temporary Note" as used in either Part One Lu or Part Two of this Contract shall be construed to mean "Project Loan Note" and Z "Project Note", respectively. Lu o_ X (E) Clean Air Act and Federal Water Pollution Control Act Lu The Local Authority shall incorporate or cause to be incorporated into any F contract for construction or substantial rehabilitation, such clause or clauses as �Z are required by the Government for compliance with the regulations issued by the Environmental Protection Agency pursuant to the Clean Air Act, as amended, the 2 Federal Water Pollution Control Act, as amended, and Executive Order 11738. The w Local Authority shall cooperate with the Government in the conducting of compliance p reviews pursuant to said Acts and Regulations. < (F)• Flood Disaster Protection Act D Lu The Local Authority shall incorporate or cause to be incorporated into any Gcontract for new construction or substantial rehabilitation the following clause (and p the Local Authority shall itself comply with such clause when it is the owner): Q a "If the Project is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, the Owner agrees that the Project will be covered, during its anticipated economic or useful life, by flood insurance in an amount at least equal to its development or pr6ject cost (less estimated land cost) or to the maximum limit of coverage mac'.e available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less." (G) Amendments and Modifications of Part Two (1) Section 203 is amended by adding a new subsection (C) as follows: (C) The Local Authority shall promptly notify (1) any applicant determined to be ineligible for admission to any Project of the basis for such determination and provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination and (2) any applicant determined to be eligible for admission to any Project of the approximate date of occupancy, insofar as such date can be reasonably determined. (2) Section 204(E) is amended by changing the period at the end thereof to a colon and adding: "Provided, that no tenant's rent may exceed one-fourth of the tenant's family income as defined by the Secretary of Housing and Urban Developmrn:t; Provided further, that this requirement shall not apply in any case in which thr Secretary of Housing and Urban Development determines that so limiting the rent of any tenant or class of tenants will result in x reduction in the amount of welfare 3_�a (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 assistance which would otherwise be provided to such tenant or class of tenants by a public asency. (3) Section 308(D) is amended by changing the reference to "Sec. 415(C)(3)" to "Sec, 415(C)(1)(d)." (4) Add a new Section 314 and a new Section 315 as follows: "Sec. 314. Employment of Project Area Residents and Contractors. The Local Authority shall comply and shall require each of its contractors and subcontractors employed in the development or operation of each' Project to comply with Section 3 df the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the regulations and requirements of the Government thereunder, requiring that to the greatest extent feasible opportunities for training and employment be given lower income residents of the Project area and that contracts j for work in connection with the Project be awarded to business concerns which aie located in or owned in substantial part by persons residing in the area of the Project." LU z "Sec. 315. Contracts for Personal Services. W a. XThe Local Authority shall not enter into, execute, or approve, W* any agreement or contract for personal, management, legal or other services with any = person or firm where the initial period or term of the contract is in excess of F two (2) years, or where the contract contains a renewal provision for any period of w time, without the prior written consent of the Government. Where an existing contract i contains a renewal provision, automatic or otherwise, which extends the term of the Ir contract for any period, the Local Authority shall not act to renew or extend such { Lu contract, or fail to take any necessary action to forestall automatic renewal or j 0 extension, without the prior written approval of the Government.!' i{ Q (5) Section 407(D) is amended to read as follows: 3 U "(D) With each submission of Operating Budgets, the Local Authority o shall submit estimates of the Accruing Annual Contribution and the Additional Annual aContribution required for the period covered by such Budgets." ti (6) Section 407(F) is amended by inserting the phrase "and Additional Annual Contribution" after the term "Accruing Annual Contribution" and by changing the period at the end of the last sentence to a comma and adding the phrase "or to the amount of the Additional Annual Contribution." (7) Section 408(B)(2) is amended by substituting the term "Debt Service Annual Contribution" for the term "Fixed Annual Contribution." I (8) Section 410 is amended by deleting the phrase "90 percent of the sum of." (9) Section 413(A)(5) is amended by substituting the term "Debt Service Annual Contribution". for the term "annual contributions."• (10) Section 415 is amended by deleting the present Sec. 415 and substituting the following therefor: (A) The Government shall make annual contributions to the Local Authority for each Project. Such annual contributions shall include Debt Service Annual Contributions (or Basic Annual Contributions in respect to Leased Housing Projects) and Additional Annual Contributions. The Government (1) shall make Debt Service Annual Contributions to the Local Authority for each Permanently Financed Project and (2) may, in its determination, make Debt Service Annual Contributions to the Local Authority for each Project which is not Permanently Financed. The date 57� Nocamber 1969 (formerly P11A-3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 upon which each Debt Service Annual Contribution is payable (except the first Debt Service Annual Contribution with respect to a Project not Permanently Financed which may be made available as of the Date of Full Availability of such Project) shall be known as the "Annual Contribution Date." If the Annual Contribution Date is not specifically set forth in Part One of this Contract such Date shall be the fifteenth day of the fourth, fifth or sixth month of the Fiscal Year as determined by the Government. (B) The first Debt Service Annual Contribution with respect to each Permanently Financed Project shall be due and payable on the Annual Contribution Date which is seventeen months and fourteen days after the Bond Date of the First issue of Bonds issued to finance any part of the Development Cost of such Project. The first Debt Service Annual Contribution with respect to each Project which is not Permanently Financed may be made available as of the Date of Full Availability of such Project and shall be determined in accordance with subsection (C)(1)(d) of this Sec. 415. If the first Debt Service Annual Contribution with respect to a Project is made available as of the Date of Full Availability of such Project, the second Debt Service Annual Contribution with LJ respect to such Project may be made on the Annual Contribution Date which occurs U) not less than twelve months subsequent to the Date of Full Availability of such aProject, subsequent Debt Service Annual Contributions shall be payable on each ix Annual Contribution Date thereafter. _ (C) On each Annual Contribution Date the Government shall pay F- (subject to reduction as hereinafter in this Sec. 415 provided) Debt Service Annual W Contributions for each Project, with respect to which any Debt Service Annual f Contributions are then payable. Z M (1) The amount of the Debt Service Annual Contribution' 6 shv11 be egnal to the sum of the Level Debt Services of all unmatured issues of. Bonds, C9• bearing a Bond Date not later than seventeen months and fourteen•days prior to such a Annual Contribution Date, as specified in the applicable Bond Resolution, plus an amount or amounts allocable to Permanent, Project Loan, or Project Notes, as follows: tu o(a) With respect to each Project Permanently Financed 0 by an issue of Bonds equal to the Minimum Development Cost first established for such cc a Project, an amount, as determined by the Government, which if applied annually at the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the unamortized portion of the Minimum Development Cost of such Project which exceeded as of the last day of such Fiscal Year the principal amount of such issue of Bonds would fully amortize such portion not later than the first day of the month following the last Annual Contribution Date for such Project; (b) With respect to each Project Permanently Financed by an Issue of Bonds in an amount less than the amount of the Minimum Development Cost first established for such Project, an amount equal to (i) the applicable Minimum Loan Interest Rate times the amount by which the Minimum Development Cost as first established for such Project exceeds the principal amount of such issue of Bonds, plus (i) an amount, as determined by the Government, which if applied*annually at the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the portion of the PUnimum Development Cost of such Project which exceeds as of the last day of such Fiscal Year the Minimum Development Cost as first established for such Project would fully amortize such portion not later than the first day of the month following the last Annual Contribution Date for such Project; and (iii) commencing on the Annual Contribution Date next following the last maturity date of such issue of Bonds, the amount of the level Debt Service of such issue of bonds; and (c) With respect to each Project financed by a Permnnent Note in lieu of Bonds, an amount, as determined by the Government, which if applied annually at the interest rate (adjusted to the nearest one-eighth of one percent) char -ed the Local Authority during the next preceding Fiscal Year in respect to the unncijrtized portion of the Minimum Development Cost of such Project which exceeded as of the last day of such Fiscal Year the Minimum Development Cost as first establi:hed Novew%cr 1969 (Formerly PHA -3010) As Amended by 530I0C March 1972 and 24 CFR § 899.102 for such Project would fully amortize such portion not later than the first day of the month tol.lowing the last Annual Contribution Dare for such Project; and (d) With respect to each Project which is not Permanontly Financed, an amount, as determined by the Government, which if applied annually at the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the unamortized portion of that figure determined by the Government to be that below which the Development Cost of such Project will in'no event fall would fully amortize such portion not later than the first day of the month following the last Annual Contribution Date for such Project. �9 Upon delivery of any issue of Bonds to refund Permanent, Project Loan or Froject Notes, the amount of the Level Debt Service of such issue of Bonds shall be in lieu of the portion of the Debt Service Annual Contribution allocable to such Notes whether pursuant to clause (a), (b), (c), or (d) above. LU (2) On each Annual Contribution Date the actual amount of co the Debt Service Annual Contribution to be paid (herein called the "Accruing Annual LZ Contribution") shall be an amount equal to the Debt Service Annual Contribution less X (1) the amount then on deposit in the Debt Service Fund for the reduction of annual w contributions pursuant to subsection (C) of Sec. 416, and (2) any amount then on M deposit in the Debt Service Fund, pursuant to subsection (B) of Sec. 414, on account of = interest accrued on any issue of Bonds after a date which is six months after the Bond Z Date of such issue. W Z(3) The Government, notwithstanding any other provision of Cr LU this Contract, may make payment of any Accruing Annual Contribution in semiannual > installments as follows: (a) the first installment shall be paid on the Annual 0 ContriL•ution Data in the amount, if any, by which (i) the Accruing Annual Contribution. F- exceeds (ii) the amount of principal and interest which will become due and payable < on the next following anniversary of the Bond Date on all Bonds outstanding at the end of the preceding Fiscal Year and which bear a Bond Date not later than seventeen ui months and fourteen days prior to such Annual Contribution Date; (b) the balance of p such Accruing Annual Contribution shall be paid on the date six months after such ¢ Annual Contribution Date. a (4) At least thirty days prior to each Annual Contribution Date, the Fiscal Agent shall file with the Government a report showing the amount of each deposit made into the Debt Service Fund since the next preceding Annual Contribution Date and the balance in the Debt Service Fund as of the date of such report. (5) At least fifteen days prior to each Annual Contribution Date, the Local Authority shall file with the Government a requisition and voucher for the payment of the current Accruing Annual Contribution. 6 (6) Except as otherwise provided in subparagraphs (7) and (8) of this Sec. 415(C), the Government shall pay each Accruing Annual Contribution, or installment thereof, to the Fiscal Agent for deposit in the Debt Service Fund. The Government, at the time of such payment, shall furnish to the Local Authority and to the Fiscal Agent a statement showing (in detail and with appropriate explanations) the amount of the Accruing Annual Contribution, and the method by which the Accruing Annual Contribution will be paid. Each such statement shall include a schedule showing on the basis of information available to the Government, the distribution to be made of the funds in the Debt Service Fund pursuant to Sec. 416. (7) On each Annual Contribution Date on which any Permanent, Project Loan or Project Notes. issued in connection with any Project with respect to which an annual contribution is then payable remain outstanding and until full repayment, with interest at the applicable Loan Interest Rate, of all expenditures, if any, made by the Government in connection with any such Project pursuant to Sec. 505 hereof, such portion of the Accruing Annual Contribution, which if deposited in the ��a I LU O 2 LU a. X LU x 2 LU 2 2 M O O e w 7 0 O a HUL- 53010 Page 14 Nove::ber 1959 (Formerly PHA -3010) As A:: -.ended by 53010C March 1972 and 24 CFR § 899.102 Debt Service Fund would (together with the monies then on deposit in said Fund for the reduction of annual contributions pursuant to this Contract plus the amount of the second installment, if any, of such Accruing Annual Contribution) exceed the sum of (a) an amount equal to the principal and interest becoming due and payable during the twelve -months period following such Annual Contribution Date on each issue of Bonds bearing%a Bond Date not later than seventeen months and fourteen days prior to such Annual Contribution Date, plus (by an amount equal to the aggregate Bond Service Carry -Over required to be on deposit in the Debt Service Fund on the anext succeeding Annual Contribution Date, may be withheld.by the,Government, and applied to the full extent thereof: First, to*reimbursement of the Local Authority for any advance (not theretofore reimbursed) made pursuant to Sec. 414(D); and Second, to the payment of interest and principal of such Notes and repayment of such expenditures in proportion, with respect to each such Project, to the applicable portion of the Debt Service Annual Contribution determined pursuant to clauses (a), (b), (c), or (d) as the case may be, of Sec. 415(C)(1): Provided, that any amounts which would otherwise be applied to the payment of principal under the aforesaid Second order of preference may be withheld (for not more than twelve months) and be used for the payment of interest on any Bonds which may be subsequently issued to refund such Notes and expenditures. (8) When monies sufficient for the payment and discharge of all Bonds have been deposited with the Fiscal Agent in trust for such purpose, Accruing Annual Contributions, Residual Receipts, and monies otherwise payable to the Debt Service Fund shall be applied, as approved by the Government, to the payment of the Notes and expenditures and in the proportion as prescribed in subparagraph (7) of this Sec. 415(C). Monies so applied by the Local Authority during the twelve months period preceding each Annual Contribution Date which, except for the provisions of this subparagraph (8), would have been on deposit on such Annual Contribution Date in the Debt Service Fund for the reduction of annual contributions, shall be deemed to have been on deposit in the Debt Service Fund on such Annual Contribution Date for the purpose of subparagraph 2 of this Sec. 415(C). (9) No Accruing Annual Contribution shall be paid or made available by the Government pursuant to this Contract in an amount in excess of an amount which together with all monies then on deposit in the Debt Service Fund will be sufficient'to fully pay and retire the outstanding Bonds, Permanent Notes, Project Loan Notes, and Project Notes issued in connection with all Projects with respect to which annual contributions become payable and to repay, with interest at the applicable Loan Interest Rate, all expenditures made by the Government in connection with the development of such Projects pursuant to Sec. 505 hereof. The obligation of the Government to pay to make available Debt Service Annual Contributions pursuant to this Contract with respect to any such Project shall terminate when (a) all such Bonds and Notes issued in connection with such Project have been fully paid and retired, or when monies sufficient for the payment and retirement thereof haves been deposited in trust for such purpose in accordance with the terms of such Bonds -and Notes, and (b) all such expenditures, with interest thereon, by the Government in connection with such Project have been fully repaid. (D) The Government shall also make Additional Annual Contributions to the Local Authority (a) for each Fiscal Year in an amount which together with all other Operating Receipts of the Projects will be sufficient to pay the Operating Expenditures of such Projects in accordance with the Operating Budgets for such Projects as approved by the Government, and (b) with respect to a Proiect for which payments of Debt Service or Basic Annual Contributions will be made for a period of less than forty years, in an amount and for purposes as approved by the Government, to provide for necessary initial expenses not charged to the Development Cost of the Project. (1) The Local Authority shall submit to the Government, together with the Operating and Development Budgets for the Projects, an estimate of the amount of Additional Annual Contributions which will be required for the period covered by such Budget. The Government may approve such estimate or revision thereof in full or in a reduced :+mount and the amount so approved pursuant to such estimate or any revisir-n thereof shall be the maximum amount of Additional Annual Contributions payable in respect to the .T'cnjects for the period covered by such Budget. The Covernment shall not in any Feder.il Fiscal year approve any estimate or revision thereof in an amount which, together wid thu amuunt of all Additional Annual Contributions then contracted fur by the Govern.,.eric, ::Quid exceed the amount as detenni.ned by the Government of Additluaal Annual Contribucion:, Ll Z W X W C S Z z Lu 2 O 0 f- W O O M November 1969 (Formerly FHA -3010) As Amended by 53010C March 1972 and 24 CFR § 899.102 contracting authorization pursuant to the Act. (2) The Government shall not be obligated to make any payments on account of the Additional Annual Contributions in an amount in excess of the amount specifically approved by the Government. (E) Anything in this Contract to the contrary notwithstanding, the maximum annual contribution payable hereunder with respect to any twelve month period shall not exceed the aggregate of (a) the applicable Maximum Contribution Percentage of the latest established Minimum Development Cost for each Permanently Financed Project plus (b) the applicable Maximum Contribution Percentage of (1) the amount determined by the Government to be that below which the Development Cost will in no event fall, or (ii) the Actual Development Cost, as the case may be, of each Project which is not Permanently Financed, plus an amount not to exceed $120 per annum per dwelling unit occupied by families as described in Sec. 10(a) of the Act. For the purpose of determining such maximum annual contribution, the term "Maximum Contribution Percentage" with respect to each Project shall mean the going Federal rate (as defined in Section 2(10) of the Act) applicable at the (1) date of approval of the Annual Contributions Contract covering such project, or (2) the date of determination of such maximum annual contribution, whichever'is the higher, plus (a) two percent in the case of Projects having a Maximum Contribution Period of forty years, or (b) one percent in the case of projects having a Maximum Contribution Period of sixty years. (11) Section 417(C) is amended by substituting the term "Debt Service Annual Contribution" for the term "Fixed Annual Contribution." (12) Section 418(B) is deleted. (13) Section 419(B)(3) is amended by substituting the phrase "Debt Service Annual Contribution as determined pursuant to clauses (a), (b), (c), and (d) of Sec. 415(C)(1)" for the phrase "Fixed Annual Contribution as determined pursuant to clauses (1),(2)9(3)9 and (4) of Sec. 415(C)." Sec. 15. Performance of Conditions Precedent to Validity of this Contract The Local Authority certifies that all conditions precedent to the valid execution and delivery of this Contract on its part have been compiled with, that all things necessary to constitute this Contract its valid, binding, and legal agreement on the terms and conditions and for the purposes herein set forth have been and are in all respects duly authotized in accordance with law. The Government similarly certifies with reference to its own execution and delivery of this Contract. Sec. 16. Clean Air Act and Federal Water Pollution Control Act (a) The Local Authority shall incorporate or cause to be incorporated into any contract for construction or substantial rehabilitation, such clause or clauses as are required by the Government for compliance with the regulations issued by the Environmental Protection Agency pursuant to the.Clean Air Act, as amended, the Federal Water Pollution Control Act, as amended, and Executive Order 11738. The Local Authority shall cooperate with the Government in the conducting of compliance reviews pursuant to said Acts and Regulations. (b) Flood Disaster Proteation Act The Local Authority shall incorporate or cause to be incorporated into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply with such clause when it is the owner); "If the Project is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having spacial flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, the Owner agrees that the Project will be covered, during its anticipated 37a .nuu-�D�av - Page 16 November -4 1969 (Formerly PHA -3010) As Amended by 53010C March 1972 and 24 CFR ® 899.102 economic or useful life, by flood insurance in an amount at least equal to its development or project cost (less estimated land cost) or to the maximum limitocorage made availabler the with l Flood respect to the particular type£property Insurance Act of 19689 whichever is less." Sec. 17 Local Authority Contracts with Third Parties and Subcontractors (a) Clean Air Act and Federal Water Pollution Control Act (1) The provisions of subparagraph (2) of this Section shall not be applicable if the maximum amount of housing assistance payments under the Housing Assistance Payments Contract, over the maximum term of said Contract, is $100,000 or less. (2) In compliance with regulations issued by the Environmental Protection Agency (EPA), 40 CFS, Part 15, 39 F.R. 11099, pursuant to the Clean Air Act, as amended (Air Act), 42 U.S.C. 1857 at seq., the Federal Water Pollution Control Act, as amended (Water Act), 33 U.S.C. 1251 et seq., Executive Order 117389 the LU Owner agrees that: CD Lu (i) any facility to be utilized in the performance of this a. W contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to Section 15.20 of said regulations; x wUD he will promptly notify the LHA of the receipt of any i communication from the EPA indicating that a facility Z to be utilized for the contract is under consideration M to be listed on the EPA List of Violating Facilities: 0 (iii) he will comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, monitoring, entry, reports, and information, u� as well as all other requirements specified in Section 0 308 of the Air Act and the Water Act, respectively, 0 and all regulations and guidelines issued thereunder; and o¢ Qv) he will include or cause to be included the provisions of paragraph (2) (1) through (iv) of this Section in every nonexempt subcontract, and that he will take such action as the Government may direct as a means of enforcing such provisions. (b) Flood Disaster Protection Act. The local Authority shall incorporate or cause to be incorporated:; into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply with such clause when it is the owner); "If the Project is located in an area that has'been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 1948, the Owner agrees that the Project will be covered, during its anticipated economic or useful life, by flood insurance in an an amount at least equal to its development or project cost '. (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less.: -7a HUD -53010 1 Pgge. % November 1969 (Formerly PHA -3010) As Amended by 53010C 1jrEFRlg7H9jnIO2 16.. Notwithstanding any other provision of the following is incorporated and shall in conflict therewith: (1 he Existing Contract as amended supersede any contractual provisions •;'At least 20 percentum of the dwelling units in any project placed under annual contributions contract in any year after (September 26, 1975) shall be occupied by very low-income families. (1) Under section 3(1) of the Act: (2) Under section 4(a) of the Act: . (a) * * * such loans (i.h., loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such a3en- cies) shall bear interest at a rate specified by the Se- cretary which shall not be less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding market- able obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus one-eighth of per centum. * * * (3) Under section 6(a) of the Act: ` w (a) * * * except in the case of housing. predominantly for W the elderly, high-rise elevator projects shall not be R provided for families with children unless the Secre- w tary makes a determination that there is no practice; Xalternative. (4) Under Section 6(b) of the Act: z (b) * * * the cost of construction and equipment of the LU iproject (excluding land, demolition, and nondwelling Cr facilities) on which the computation of any annual LU contributions under this Act may be based shall not 0 exceed by more than 10 per centum the appropriate prototype cost for the area. a (5) Under section 6(c) of the Act: (c) .(1) the Secretary may require the public housing agency to review and revise its maximum income limits O if the Secretary determines that changed conditions in a. the locality makes such revision necessary in achiev- Lag the purpose of this Act (2) the public housing agency shall determine, and. so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project at intervals of two years (or at shorter intervals where the Secretary deem it desirable); (3) the public housing agency shall promptly notify ,(i) any applicant determined to be ineligible for admis- sLon to the project of the basis for such determination and provide the applicant upon request, within a reason- able time after the determination is made with an oppor- tunity for an informal hearing on such determination, and (ii) any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably deter- mined; and (4) the public housing agency shall comply with such procedures and requirements as the Secretary may pre- scribe to assure that sound management practices will be followed in the operation of the project, including re- quirements pertaining to-- HUD -53010 ( , ' Page 18' (A) the establishment of tenant selection November 1969 criteria designed to assure that with - (Formerly PHA -3010) in a reasonable period of time, the As Amended by 53010C project will include families with a March 1972 and broad range of incomes and will avoid 24 CFR § 899.102 concentrations of low-income and de- prived families with serious social problems, but this shall not permit maintenance of vacancies to await high- er income tenants where lower income tenants are available; (B) the establishment of satisfactory pro- cedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent; (C) the establishment of effective tenant - management relationships designed to assure that satisfactory standards of tenant security and project maintenance are formulated and that the public housing agency (together with tenant councils . where they exist) enforces those standards fully and effectively; and (D) the development by local housing authority managements of viable homeownership oppor- tunity programs for low-income families w capable of assuming the responsibilities V) of homeownership." z W X (6) Under•sectiori'6(d) of theAct: - w (d) * * * no annual contributions by the Secretary shall be made available for such project (i.e., low- income housing project) unless such project (exclu- z sive of any portion there of which is not.assisted by . annual contributions under this Act) is exempt from z all real and personal property taxes levied or imposed by the State, city, county, or other political sub- ui > division and such contract shall require the public housing agency to make payments in lieu of taxes equal H to 10 per centum of the sum of the annual shelter rents charged in such project, or such Lesser amount W as (1) is prescribed by State law, or (ii) is agreed to by the local governing body in its agreement for local cooperation with the public housing agency re - 0 0 quired under section 5(e)(2) of this Act, or (iii) is CL due to failure of a local public body or bodies other than the public housing agency to perform any obliga- tion under such agreement. If any such projects is not exempt from all real and personal property taxes levied, or imposed by the State, city, county or other political subdivision, * * * no annual contributions by the Secretary shall be made available for such proj- ect unless and until the State, city, county, or other political subdivision in which such project is situated shall contribute, in the form of cash or tax remission, -the amount by which the taxes paid with respect to the project exceed 10 per centum of the annual shelter rents charged in such project." (7) Under section 6(e) of the Act: (e) * * * whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess shall be applied, or set aside for application, to pur- poses which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions." (8) Under section 6(f) of the Act: (f) * * * when the public housing agency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, mak- ing it unusable for housing purposes, a program of mod- ifications or closeout shall be prepared. * * * IH WITNESS WHEREOF, The Local Authority and the Government have caused this Contract to be executed in their respective names and the Local Authority has caused its seal to be hereunto affixed and attested as of the Date of This Contract first above written. (SEAL) ATT��E��S��T: � //J�✓A� i �{ y�'Ltwn __rlarian K. Karr, City Clerk (Type Nemn and Title) RscW* A Approved by The Legal Doparhnont z zt Sr CITY OF IM CITY, I%a s7 . (Type Name and Title) UNITED STATES OF AMERICA pment a_ HUD -53010 . � .eSge j.9 C' e •% • November 1969 (Formerly PHA -(q) Under section 12 of the Act: 3010) * * * not less than the wages prevailing in the lo - As Amended by 53010C cality, as determined or adopted (subsequent to a deter March 1972 and mination under applicable.State or local law) by the 24 CFR § 899.102 Secretary, shall be paid to all architects, technical en- gineers, draftsmen, and technicians employed in the de- velopment, and all maintenance laborers and mechanics employed in the operation, of the low-income housing project involved; and * * * not less -than the wages pre- vailing'in the locality, as predetermined by the Secre- tary of Labor pursuant to the Davis -Bacon Act (49 Stat. 1011), shall be paid to all laborers and mechanics em- ployed in the development of the project involved (in- cluding a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and the building or sponsor enter into an agreement for such use before construction or rehab- ilitatLon Ls -commenced), IH WITNESS WHEREOF, The Local Authority and the Government have caused this Contract to be executed in their respective names and the Local Authority has caused its seal to be hereunto affixed and attested as of the Date of This Contract first above written. (SEAL) ATT��E��S��T: � //J�✓A� i �{ y�'Ltwn __rlarian K. Karr, City Clerk (Type Nemn and Title) RscW* A Approved by The Legal Doparhnont z zt Sr CITY OF IM CITY, I%a s7 . (Type Name and Title) UNITED STATES OF AMERICA pment a_ GENERAL DEPOSITARY AGREEMENT March THIS AGREEMENT, entered into this 15th day of 3EEbnMM 1984 , by and between The City Council of Iowa City (herein called the "Local Authority"), a duly organized and existing public body corporate and politic of the City of Iowa City, Iowa and First National Bank of Iowa City (herein called the "Bank"), located at 204 East Washington, Iowa City, Iowa WITNESSETH: WHEREAS, the Local Authority is undertaking the development and/or operation of certain housing pursuant to the terms of one or more contracts which may be amended or superseded (herein individually and collectively called the "Contract") between the Local Authority and the United States of America (herein called the "Government"), which projects are identified as follows: Project No. Name of Project IA022003 fowa City Housing Program IA05P022004 Iowa City Housing Program ; and WHEREAS, under the terms of the Contract the Local Authority has agreed to deposit certain monies received by the Local Authority in connection with the afore- said projects with one or more banks under the terms and conditions specified in this General Depositary Agreement and may also deposit under the terms hgYeof certain amounts received in connection with any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest, NOW FURTHER)�aNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as fellows: 1. The Bank is and shall continue to be a member of the Federal Deposit In- surance Corporation as long as this Agreement is in force and effect. Z. All monies deposited by the Local Authority with the Bank under the terms of this Agreement shall be credited to the Local Authority in a separate account, #010 t, 8 designated 11 Iowa City Housing Authority IA022003 & IA05P022001} Account" (herein called the "Account"). All monies in the Account in excess of the amounts insured by the Federal Deposit Insurance Corporation shall be fully and continuously secured by the Bank by the deposit or setting aside of collateral of the types and in the manner as is prescribed by State law for the security of public funds. Said collateral shall at all times be of a market value at least equal to the amount of the monies so secured. 3. The Bank shall honor any (a) check or order drawn by the Local Authority upon the Account or (b) directive to purchase or sell securities pursuant to Para- graph 4, if such check, order, or directive is signed on behalf of the Local Authori- ty by an officer or member designated by resolution, a certified copy of which resolution or certification by a proper officer of the Local Authority as to the adop- tion of such resolution, shall be furnished by the Local Authority to the dank. 4. The Bank shall purchase, with monies from the Account, and sell invest- ment securities as the Local Authority may direct. Such securities and any other securities which may be deposited by the Local Authority with the Bank under the terms of this Agreement shall be considered to be a part of the Account and shall be held by the Bank in safekeeping for account of the Local Authority until sold. Interest on such securities and the proceeds from the sale thereof shall be deposited in the Account upon receipt. 3? 5. If the Bank recei 's written notice from the Govt ..ment that no withdrawals by the Local Authority from the Account are to be permitted until thereafter author- ized by the Government, the Bank shall not honor any check or order of the Local Authority drawn upon the Account, or permit any withdrawal by the Local Authority from said Account until expressly authorized so to do by written notice from the Government. 6. The Bank is not obligated to be familiar, and shall not be charged, with knowledge of the provisions of the Contract, and shall be under no duty to investi- gate or determine whether any action taken by either the Local Authority or the Government in respect of the Account is consistent with or is authorized by the Contract or whether either the Local Authority or the Government is in default under the provisions of the Contract. The Bank shall be fully justified in accepting and acting upon, without investigation, any certificate or notice furnished to it pursuant to the provisions of this Agreement and which the Bank shall in good faith believe to have been duly authorized and executed on behalf of the party in whose name the same purports to have been made or executed. 7. The rights and duties of the Bank under this Agreement shall not be trans- ferred or assigned by the Bank without the prior written approval of the Local Authority. This Agreement may be terminated by either party hereto upon sixty days' written notice to the other party, a copy of which notice shall be promptly furnished to the Government. The rights and duties of the Bank hereunder shall not be transferred or assigned nor shall this Agreement be terminated during any period in which the Bank is required to refuse to permit withdrawals from the Account as provided in Paragraph 5. 8. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument. 9. The depositary agreement heretofore entered into between the Bank and the Local Authority with reference to Projects No. IA022003 & IA05p022004 is hereby terminated and all monies and securities of the Local Authority on deposit with or held by the Bank pursuant to the terms of said agreement shall continue to be held for account of the Local Authority pursuant to and in accordance with the provisions of this Gen- eral Depositary Agreement. IN WITNESS WHEREOF, the Local Authority and the Bank have caused this Agreement to be executed in their respective names and their respective seals to be impressed hereon and attested all as of the date and year first above written. (SEAL) ATTEST: Secretary Marian Karr, City Clerk (SEAL) ATTEST: City of Iowa City Local Authority B / l�X y C t man Joh McDonal , Mayor First National Bank, Iowa City, Iowa Bank By 7i r, nb1n1 NOTE: Strike paragraph 9 if not applicable. 7 L c L R T I r I c A T c I HEREBY CERTIFY that a meeting of the Board of Directors of the First National Bank Bank LA national banking associatiof Iowa City, Iowa'' L a corporation organized and existing under and by virtue of the laws of the Stale of Iowa f and A member of the Federal Deposit Insurance Corporation, located in the County of Johnson , State of Iowa , was held on the 13th day of March 19 84P at which the following Directors, constituting a quorum for the transaction of business, were present, Bywater, Lore, Feddersen, Hardin, Hoppin, Houghton; Newman, O'Brien* Radcliff, Sangster, Sierk, Stochl, Van Allen and Wall R L 9 0 L 9 T I 0 N It IT RESOLVED by the Hoard of Directors of the First National Bank sank that James A. Iowa City, Iowa Sangster, Senior Vice- President'of.the sank, be and he hereby Is empowered, directed and authorized to execute, on behalf of this sank, a General Depositary Agreement wiih the sousing Authority of the : city of Iowa City, Iowa , under which Chis sank shall act as a depositary for fundi of the Rousing Authdrity of Iowa City, Iowa , and to execute any and all other papers and documents necessary and proper i in connection with said General DepositaryAgreement. I FURTHER CERTIFY that the resolution was approved by a sajority of the Directors present at such meeting and that it is a valid and Proper resolution and was adopted at a valid and properly held meeting of the Board of Directors of such Bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal Of Said sank this 15th day of March , 1984. (SEAL) u By I V. • •• TITL6 r,.�,.,,+;,.e vj ne President • 3�a ■ RESOLUTION N0.64_44 RESOLUTION ESTABLISHING BUILDING PERMIT, PLAN CHECKING AND DEMOLITION PERMIT FEES FOR THE THE CITY OF IOWA CITY BUILDING r CODE. WHEREAS, the City of Iowa City reviews plans and issues building permits for construction, and, WHEREAS, the City of Iowa City issues demolition permits to assure proper and safe demolition and disposal of rubble from buildings and a proper removal of utility connections, and, WHEREAS, the payment of a fee is necessary to offset the administrative cost of such permits or plan review activities, and WHEREAS, it is in the public interest to exempt other governmental agencies from the payment of these fees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: The fees for permits shall be as follows: TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $20001.00 to $25,000.00 $251001.00 to $509000.00 $509001.00 to $100,000.00 $100,001.00 to $500,000.00 BUILDING PERMIT FEES FEE $5.50 $5.50 for the first $500.00 plus $1.00 for each additional $100.00 or fraction thereof, to and including $2,00.00 $20.50 for the first $2,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $118.25 for the first $25,000 plus $3.25 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $199.50 for the first $50,000.00 plus $2.15 for each additional $1,000.00 or fraction thereof to and including $100,000.00. $307.00 for the first $100,000.00 plus $1.60 for each additional $1,000.00 or fraction thereof to and including $500,000.00. 373 Resolution No. 84-44 Page 2 $500,001.00 and up $947.00 for the first $500,000.00 plus $1.00 for each additional $1,000.00 or fraction thereof. OTHER INSPECTIONS AND FEES 1. Inspections outside of normal business hours $15.00 per hour (minimum charge - two hours) 2. Reinspection fee $10.00 each 3. Inspections for which no fee is specifically $15.00 per hour indicated (minimum charge - one-half hour) Where work for which a permit is required by the Building Code is started prior to obtaining said permit, the fees specified in this code shall be doubled, but the payment of such double fee shall not relieve any person from fully comply- ing with the requirements of the Building Code in the execution of the work nor from any other penalties prescribed herein. PLAN CHECKING FEES The determination of value or valuation under any of the provisions of the Building Code shall be made by the Building Official. The valuation to be used in computing the plan -check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent work or permanent equipment. All new construction shall be charged a plan -check fee as follows: 1. For single family and duplex dwellings the plan -check fee shall be 50% of the building permit fee; 2. Plan -check fees for all other buildings shall be 65 percent of the building permit fees. 3. Remodeling or repair work valued at less than $15,000.00 shall not be assessed a plan -checking fee. 4. Additional plan review required by changes $15.00 per hour additions or revisions to approved plans (minimum charge - one half hour) Governmental agencies are exempt from the building permit fees required herein; however, the agencies will be required to pay the plan check fee and all other costs incurred in the issuance of the permit. 373 Resolution No. 84-44 Page 3 If the applicant for a building permit cancels the building permit or the ap- plication for same, all plan -check fees assessed to part of the permit applica- tion shall be retained by the City: DEMOLITION PERMIT FEES shall be asessed for demolition permits that have been applied for and c -----I Where d7 a --on work -is started prior to obtaining_a demolition permit It was moved by —Zuber ............ and seconded by Dickson the Resolution be adopte an upon ro call there were: AYES: NAYS: ABSENT: X AMBRISCO R BAKER X DICKSON ERDAHL XMCDONALD �— STRAIT X ZUBER Passed and approved this 28th day of .F bruary.. , 1984; TUK Reoolvod & Approvad By The Legal Depadmenl 373 1 1 r� RESOLUTION NO. i — RESOLUTION ESTABLISHING BUILDING PERMIT, PLAN CHECKING AND DEMOLITION PERMIT FEES FOR THE THE CITY OF IOWA CITY BUILDING CODE. WHEREAS, the City of Iowa City reviews plans and issues building permits for cons ruction, and, WHEREA the City of Iowa City issues demolition permit assure proper and safe de lition and disposal of rubble from buildings and a proper removal of utility c nections, and, Al WHEREAS, the ayment of a fee is necessary tozempt the administrative cost of such permits o plan review activities, and WHEREAS, it is 1 the public interest to� other governmental agencies from the payment o these fees, NOW, THEREFORE, BE IT SOLVED that: The fees for permits shall as TOTAL VALUATION $1.00 to $1000.00 $1001.00 to $2,000.00 $2,001.00 to $25,000 0 $25,001.00 to ;50 000.00 $50,001.00 to $ 00,000.00 $100,001.00 to $500,000.00 BY THE/eITY COUNCIL OF THE CITY OF IOWA CITY, s: PERMIT FEES FEE $15.00 5.00 for the first $1000.00 plus $1.10 for eacFi—additIona l TTW.00 or fraction thereof, to and including $2,000.00. $26.50 r the first $2,000.00 plus .25 for each additional $1 000.00 or fraction thereof, to nd including $25,000.00. ;123.75 for he first $25,000 plus ;3.25 for each additional ;1,000.00 or fraction thereof, to and including $50,000.00. . $205.00 for the first $50,000.00 plus ;2.15 for each additional $1,000.00 or fraction thereof to and including $100,000.00. $312.00 for the first $100,000.00 plus $1.60 for each additional $1,000.00 or fraction thereof to and including $500,000.00. 373 Resolution No. _ Page 2 $500,001.00 and up $912.50 for the first $500,000.00 plus $1.00 for each additional $1,000.00 or fraction thereof. OTHER INSPECTIONS AND FEES 1,spections outside of normal business hours 315.00/per hour (m imum charge - two hours) I 2. Reins ction fee 10.00 each 3. Inspections for which no fee is specifically $15.00 per hour indicated (minimum charge - one-half hour) Where work for w 'ch a permit is required by tJt Building Code is started prior to obtaining said ermit, the fees specified din this code shall be doubled, but the payment of such double fee shall not relieve any person from fully comply- ing with the requir nts of this code d the execution of the work nor from any other penalties pr scribed herein. FEES The determination of value or valuation under any of the provisions of the Building Code shall be made b t Building Official. The valuation to be used in computing the plan -check fees all be the total value of all construction work for which the permi is issu , as well as all finish work, painting, roofing, electrical, umbing, h ting, air conditioning, elevators, fire -extinguishing syste s and any othe permanent work or permanent equipment. All new construction all be charged a pla -check fee as follows: i1. For single fa ily and duplex dwelling the plan -check fee shall be i considered as 0% of the building permit f @; i 2. Plan -check ees for all other buildings shall be 65 percent of the building pe it fees. 3. Remodeling or repair work valued less than $15,000.00 shall not be assessed plan -checking fee. 4. Addition 1 plan review required by changes $15.00 per hour addition or revisions to approved plans (minima charge - one half hour) Governmental agencies are exempt from the building permit fees required herein; however, the agencies will be required to pay the plan check fee and all other costs incurred in the issuance of the permit. 373 Resolution No. Page 3 If the applicant for a building permit cancels the building permit or the ap- plication for same, all plan -check fees assessed to part of the permit applica- tion shall be retained by the City. DEMOLITION PERMIT FE:�at / No fpps. shall be asessed for demolition permits have been applied for andhave been applied for and It was moved Resolution be Passed and approved �1 ATTEST: Reealved $ Approved by The. Le481 tarted prior to Abtaining a demolit one hunarea ao4iars ;iuu-uu. nd seconded by upon roll Call there were: NAYS: ABSENT: AMBRISCO BAKER DICKSON ERDAHL MCDONALD STRAIT <__ ZUBER da\nf . 1984. t, the the 373 TO: FROM: RE: I City of Iowa City MEMORANDUM DATE: February 24, 1984 City Council City Manager// Building Permit Fees A resolution establishing revised fees for building permits, plan checking and demolition fees was deferred at the meeting of February 14 until the meeting of February 28. For the reasons detailed herein, it is recommended that the Council not raise the building permit and plan checking fees. However, adoption is recommended of the amendments requiring the plan checking fee to be paid at the time the application for the building permit is filed and the payment of a fee of $100 for a demolition permit when demolition proceeds without the application for a permit. The demolition fee penalty will encourage the filing of permits. The advance payment of the plan checking fee will eliminate the situation where the Department.does considerable work without payment, particularly where a decision is later made not to proceed with the construction. The attached memorandum from Mr. Kucharzak reviews departmental revenues and expenditures. Revenues exceeded expenditures for FY 83 and are pro- jected to exceed expenditures for both FY 84 and FY 85, even with the existing building permit fees. Therefore, it is recommended that the building permit fees not be increased at this time. If, at a later date, the Council decides to increase departmental expenditures or if building construction is less than anticipated, the Council may wish to reconsider. The resolution has been revised accordingly. I 373 1 .. (" Ity of Iowa City MEMORANDUM - Date: February 17, 1984 To: City Manager and Members of City Council From: Michael E. Kucharzaki,7,4? j; Re: Building Inspection -- Income and Expenditures ( Following a recent informal meeting of the City Council, the City Manager requested a memo breaking down administrative costs attributable to the I Building Inspection activities and a comparison to revenues generated. The Director of Finance has provided the following budget comparisons to help the Council understand the uncertainty in projecting revenues: Revenue Over Annual (Under) Expendi- Revenue* Expenditures tures FY81 Actual $106,907 $138,460 $ (31,553) FY82 Actual 108,427 129,664 (21,237) FY83 Actual 201,071 144,033 57,038 FY84 (Projected) **238,371 153,276 85,095 FY85 (Proposed) ***225,000 158,642 66,358 *Does not include property tax, funding **Based on actual FY84 revenues of $19,864 per month average. ***Based on estimated FY85 revenues of $18,750 per month average. An Analysis of the FY83 Budget Expenditures To assist in the analysis, I will reference the 1983 Fiscal Year figures, the most recent full year expenditures - revenues, upon which the FY85 budget is based. The Building Inspection (account 1342.0) expenditures for FY83 I were: 6000 Personnel including 1 Electrical Inspector 1 Plumbing Inspector 2 Building Inspectors 1 Senior Building Inspector $128,375.35 7000-8000-9000 Equipment/Supplies 15 658.27 Total budget for Building Inspection Since clerical support for Building Inspection comes from two other accounts assigned to the Department of Housing and Inspection Services; Administration, which provides the Building Official's (Director H.I.S.) salary and all secretarial help, and Fire Prevention and Safety Inspec- tion, which includes a clerk -typist who maintains the files for Building Inspection, I will indicate estimated budget contributions from the 373 Page 2 respective accounts. Actual Administrative division expenditures (account 1341.0) for FY83 and estimate of costs related to Building Inspection: Est. chargeable Actual to Bldg. Insp. 6000 Personnel including 1 Director H.I.S. 1/2 Secretary $56,850.34 $ 28,425.17 Estimated Fire Prevention & Safety Inspection division clerical expendi- tures (account 1343.0) for FY83 and estimated costs related to Building Inspection: Est. chargeable Actual to Bldg. Insp. 6000 Personnel including 1 Clerk -Typist 7000-8000-9000 Support Materials and Equipment $18,360.16 $ 4,590.04 Grand Total of Estimated Costs of 1300 Accounts Accountable to Building Inspection $177,048.83 ACTUAL REVENUE RECEIPTS FOR FY1983 In FY83 $201,071.22 in revenue was collected by Building Inspection. comparison of revenue to operating costs follows: 1342.0 Building Inspector personnel and overhead 1342.0 plus 1341.0 Administrative Chargebacks 1342.0 plus 1341.0 and 1343.0 Clerical Chargebacks from Fire Prevention & Safety Inspection % of Revenue to i Revenue to Expenditures Operating Expense I $201,071.22 $144,033.62 139.6% $201,071.22 $172,458.79 116.5% $201,071.22 $177,048.83 113.5% J i 373 r -- Page 3 FIRST SEVEN MONTHS FY84 -- REVENUE TO EXPENDITURES 1342.0 Building $139,050.19 $ 98,283.18 141.4% Inspection Personnel and Overhead 1342.0 plus 1341.0 $139,050.19 $113,811.70 122.1% Administrative Chargebacks 1342.0 plus 1341.0 $139,050.19 $116,489.20 119.3% and 1343.0 Clerical Chargebacks from Fire Prevention & Safety Inspection The above information taken from midyear finance reports cannot be construed to be a guarantee that the second half reports will be as favorable. However, one should bear in mind that the second half of the fiscal year includes the spring construction season and will include plumbing, heating/mechanical, and electrical fees for the downtown hotel. Proposed Fee Changes Early last Spring one of the Building Board of Appeals members indicated an interest in reviewing construction permit fees. At a recent meeting of the Board, the Chairperson requested a discussion of the existing fee schedule "...in light of the Council's interest in considering additional clerical help if fee revenue could be increased." The staff neither endorsed nor expressed opposition to the proposed fee schedule. At the City Manager's request, the July, 1983 building permits were recomputed using the fees as proposed by the Board of Appeals. Under the existing fee schedule the cost was $13,106.09. Under the proposed fee schedule the fees would be $13,781.94. The difference in revised fees would have resulted in $675.85 additional revenue for July, 1983. /sp 373 _SOLUTION NO. 84-45 RESOLUTION ESTABLISHING POLICY FOR USE OF FUNDS DERIVED FROM HOTEL -MOTEL TAX. WHEREAS, as authorized by Chapter 422A of the Code of Iowa, at an election on November 2, 1982, the voters of Iowa City approved the imposition of a five percent (5%) tax upon gross receipts for rental of hotel and motel rooms in the City; and WHEREAS, Code Section 422A.2 places certain limitations on the use of fifty percent (50%) of the funds derived from the hotel -motel tax; and WHEREAS, the Council has informally allocated the proceeds from such tax, but has not formally made such allocation; and WHEREAS, the Council wishes to formally establish a policy for use of proceeds derived from the hotel -motel tax. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That amounts received by the City from the hotel -motel tax shall be allocated as follows: a. Fifty percent (50%) shall be allocated to police protection. b. Twenty-five percent (25%) shall be allocated to the Convention Bureau of the Iowa City Chamber of Commerce for the promotion and encouragement of tourists and convention business in the City. c. Ten percent (10%) shall be allocated for parkland acquisition. d. Fifteen percent (15%) shall be allocated for the constructing, improving, enlarging or equipping of parks and recreational facilities. It was moved by Dickson and seconded by Strait the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 28th day of February 1984. YO —� ATTEST: 24%rr�,J 7rrr�,J IN CLEM fentnlv�.= g hrnmved by 7: f.0 37y parks 8e recreation MEMO department to: City Council and City Manager f rom: Dennis E. Showalter Resolution --25% of Hotel/Motel re: Tax Revenue for Recreation date . February 17, 1984 Facilities There will be a resolution on the February 28 council meeting agenda regarding setting aside 25% of the hotel/motel tax revenue for recreation facilities. The Code of Iowa, -Section 422A.2 (4a.) states: Each county or city which levies the tax shall spend at least fifty per cent of the revenues derived therefrom for the acquisition of sites for; or construct- ing, improving, enlarging, equipping, repairing, operating, or maintaining of recreation, convention, cultural, or entertainment facilities including but not limited to memorial buildings, halls and monuments, civic center convention buildings, auditoriums, coliseums, and parking areas or facil- ities located at those recreation, convention, cultural, or entertainment facilities or the payment of principal and interest when due, on bonds or other evidence of indebtedness issued by the county or city for those recreation, convention, cultural, or entertainment facilities; or for the promotion and encouragement of tourist and convention business in the city or county and surrounding areas. At the informal council meeting of October 11, 1982, "The Mayor reported that she had talked to John Hughes, Chamber of Commerce, regardinq being more specific concerning Council's allocation of receipts from the proposed hotel/motel tax. As foot patrol benefits only the downtown, Council decided to earmark 50% for police protection, and of the restricted amount, 25% for the Convention Bureau and 25% for recreation needs (with a swimmino On page 3 of the council activities minutes of October 26, 1982, "Mayor Neuhauser explained that the hotel/motel tax will appear on the November 2nd ballot. She explained that 25% of the tax would be used for a conven- tion and tourist bureau; 25% for a high priority recreation project, possibly a swimming pool; and the remaining 50% for additional police protection." The Parks and Recreation Commission has stated a strong preference that 25% of the hotel/motel tax revenue be set aside in a fund to replace the City Park Pool. DES/dh city of iowa city 3W/ i RESOLUTION N0, RESOLUTION ESTADLISHINO POLICY FOR USE OF FUNDS DERIVED FROM HOTEL -MOTEL TAX. WHEREAS, as authorized by Chapter 422A of the Code of Io a, at an election on November 2, 1982; the voters of Iowa City approved th imposition of a five per Bent (5%) upon gross receipts for rental of hotel and motel rooms in the WHEREAS, ode Section 4221.2 places certain limi ations on the use of fifty percent (5 ) of the funds derived from the hot -motel tax; and WHEREAS, the ouncil has informally allocated the proceeds from such tax, but has not formal made such allocation; and WHEREAS, the Co cil wishes to formal establish a policy for use of proceeds derived fr m the hotel -motel to . NOW, THEREFORE, BE IT ESOLVED BY THE ITY COUNCIL OF IOWA CITY, IOWA: That amounts received by he City fr m the hotel -motel tax shall be allocated as follows: a. Fifty percent (50%) shall a llocated to police protection. b. Twenty-five percent (25%) a 1 be allocated to the Convention Bureau of the Iowa City Chamber of omme ce for the promotion and encouragement of tourists and convention siness in the City. c. Twenty-five percent (25 ) shall be llocated for the acquisition of sites for, or constructing, improving, a arging or equipping of parks and recreational faciliti s. It was moved by and seconde by the Resolution be adopted, and upon r 1 call there were: AYES: NAYS: ABSENT: — nrmrcraw _ BAKER DICKSON ERDAHL -- MCDONALD STRAIT — ZUBER Passed and approved this _ day of 1984, MAYOR ATTEST: CITY CLERK Roeelved & Approved B--�Legal � int 3751 ` Iowa City, Iowa, February 28, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson McDonald Strait Zuber Absent: Erdahl —1— X375 I Matters were discussed relative to final authorization and issuance of $850,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Gilbert Tower Associates Project) Series 1984. Following a report on the proposed Project by representatives of said Company and a discussion of the Bond issue, Council Member Baker proposed the following Resolution and moved its adoption. Council Member Amhrisco seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution adopted by the following vote: AYES: McDonald, Ambrisco, Baker, Dickson, Strait. Zuber NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- 3 75- RESOLUTION NO. 84-46 RESOLUTION AUTHORIZING THE ISSUANCE OF $850,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (GILBERT TOWER ASSOCIATES PROJECT) SERIES 1984, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO GILBERT TOWER ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A 29 -UNIT MULTI -FAMILY RESIDENTIAL APARTMENT FACILITY TO BE LOCATED AT 601 SOUTH GILBERT AND CONTIGUOUS PROPERTIES WITHIN THE CORPORATE BOUNDARIES OF THE CITY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A SECURITY AGREEMENT WITH THE CITY AS THE SECURED PARTY THEREUNDER AS ADDITIONAL SECURITY FOR SAID BONDS; THE EXECUTION AND DELIVERY OF A DEED RESTRICTIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND GILBERT TOWER ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID REAL ESTATE MORTGAGE, SAID SECURITY AGREEMENT AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City") proposes to issue its Commercial Development Revenue Bonds (Gilbert Tower Associates Project) Series 1984, in the aggregate principal amount of $850,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the City to Gilbert Tower Associates, an Iowa general partnership (the "Company"), for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping a 29 -unit multi -family residential apartment facility to be located at 601 South Gilbert and contiguous properties within the corporate boundaries of the City (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and -3- 3765 WHEREAS, the City Council of the City has determined the Project is located within the area of and is consistent with and authorized by the Neighborhood Development Plan (the "Urban Renewal Plan") and there is a public need in the City and the surrounding environs for implementation of said Urban Renewal Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and will promote employment opportunities for residents of the City and the surrounding area; and WHEREAS, the Bonds are to be issued pursuant to provisions of an Indenture of Trust (the "Indenture") dated as of March 1, 1984, between the City and Hills Bank & Trust Co., Hills, Iowa, as Trustee thereunder (the "Trustee") and; WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of March 1, 1984, between the City and the Company; and WHEREAS, as additional security for payment of the Bonds, the Company has agreed to execute a Real Estate Mortgage (the "Mortgage") dated as of March 1, 1984, between the Company, as the mortgagor, and the City, as the mortgagee, thereunder, pursuant to which the Company grants and conveys to the City a mortgage lien in the real estate described in the Mortgage, subject to Permitted Encumbrances; and WHEREAS, as additional security for payment of the Bonds, the Company has agreed to execute a Security Agreement dated as of March 1, 1984 (the "Security Agreement"), between Company, as Debtor, and the City, as Secured Party, pursuant to which the Company grants and conveys to the City a security interest in all machinery, equipment, fixtures and other personal property described in the Security Agreement, and the City, pursuant to the Assignment of Security Agreement dated as of March 1, 1984 (the "Assignment"), will assign its rights and interest in the Security Agreement to the Trustee as additional security for the Bonds; and WHEREAS, the rights and interest of the City in and to the Loan Agreement, the Mortgage and the Security Agreement will be assigned by the City to the Trustee pursuant to the Indenture; and WHEREAS, the loan is made subject to certain deed restrictions under a Deed Restrictions dated as of March 1, 1984 (the "Deed Restrictions"), by and among the City, the Company and the Trustee; and -4- 375 a. r WHEREAS, as additional security for payment James A. Clark and Loretta C. Clark have areed to executeda, Guaranty Agreement dated as of March 1, 1984 (the "Guaranty"), between Guarantors and Trustee, pursuant to which Guarantors guarantee the full and prompt payment of the principal of, premium, if any, and interest on the Bonds, as the same shall become due; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by Section 419.9'of the Act and Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHe sle Of the Bonds to EREAS, Trust 1Co.,�aHills, nIowa ged f(the or h"Original Purchaser"); and WHEREAS, there has been presented to this meeting the following documents, which the City proposes to enter into: 1. The form of Loan Agreement between the Citand Company; and y j 2. The form of Indenture between the City and the Trustee setting forth the terms of the Bonds including (without limitation) the maturity dates, rates of interest and redemption provisions, and the conditions and security for payment of the Bonds; and 3. The form of Bond Purchase Agreement to be dated February 28, 1984 (the "Bond Purchase Agreement"), by and amon the Original Purchaser, the Company and the City relating to g the issuance, sale and purchase of the Bonds; and i and 4. The form of the Mortgage and the Assignment thereof; 5. The form of Security Agreement and the Assignment 1 thereof; and s 6. The form of Deed Restrictions; and 7. The rf an dated February 28,1984i (the e"d InducementLetter")emnity efrom the be Company and Guarantors to the City and the Original Purchaser; and 8. The form of the Bonds, as set forth in the Indenture. -5- 375 WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Council Members of the City Council, is in appropriate form and is an appro- priate instrument for the purposes intended; NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the City defray all or a portion of the cost of acquiring, constructing, improving and equipping a 29 -unit multi -family residential apartment facility to be located at 601 South Gilbert and contiguous properties within the corporate boundaries of the City (the "Project") by issuing the Bonds and loaning the proceeds of the sale of the Bonds to Company, which Project is consistent with and located within the area of the City's Neighborhood Development Plan adopted by the City pursuant to Chapter 903 of the Code of Iowa; and Section 2. That in order to defray the cost of the Project, the issuance of the Bonds in the aggregate principal amount of $850,000, maturing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the form and content of the Bonds set forth in the Indenture now before this meeting be and the same hereby are in all respects authorized, approved, ratified and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, whether by manual or facsimile signatures, impress the official seal of the City (or cause to have printed a facsimile thereof) thereon and deliver for and on behalf of the City the Bonds to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limitation the maturity dates, rates of interest and redemption provisions) be and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 3. That the City loan to Company the proceeds from the sale of the Bonds pursuant to the Loan Agreement, which provides for repayment by Company of such loan in an amount equal to principal of, premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects author- ized, approved and confirmed and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including necessary counterparts in 37s :e this meeting but or deletions sirable or appro- :e conclusive ranges, in from the form anc s meeting, and that the Loan hereby authorized, nd things and to ry to carry out and ment as executed. Hills, Iowa, is and the form and which are signment of the n Agreement (with e) and the form and signment, be and :d, approved and be and they hereby acute, attest, seal ament and the :he Trustee for the m, including `orm and content modifications, :hem seem :ecution thereof to ival of any and all is therein from the ty Agreement and hat from and after the Security nyreement ano the Assignment, the Mayor and the City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture, the Security Agreement and the Assignment as executed. Section 5. That the form and content of the Mortgage constituting a conveyance and grant by the Company to the City of a mortgage lien in and to the property subject to the Mortgage and described therein, and the assignment to the Trustee of the City's rights and interest in and to the Mortgage, pursuant to the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, -7- 375- i empowered and directed to execute, attest, seal and deliver the Mortgage and the Assignment for and on behalf of the City, as mortgagee thereunder, including necessary counterparts, in substantially the form and content now before this meeting but with such changes, additions, modifications and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Mortgage and Assignment now before this meeting and that from and after the execution and delivery of the Mortgage and Assignment, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Mortgage and Assignment as executed, and the provisions of the Mortgage and Assignment are hereby incorporated herein by reference. Section 6. That the form and content of the Deed Restrictions relating to the Project be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Deed Restrictions for and on behalf of the City, including necessary counterparts, in substantially the form and content now before this meeting but with such changes, additions, modi- fications and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Deed Restrictions now before this meeting and that from and after the execution and delivery of the Deed Restrictions, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Deed Restrictions as executed, and the provisions of the Deed Restrictions are hereby incorporated herein by reference. Section 7. That the sale of the Bonds to the Original Purchaser at the purchase price of 1008 of the par value thereof, subject to the terms and conditions set forth in the Bond Purchase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to execute and deliver to the Original Purchaser the Bond Purchase Agreement for and on behalf of the City, including necessary counterparts in the form and content 375 I I now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement. Section 8, That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Mayor be, and he hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary tc carry out and comply with the provisions of the Inducement Letter as executed. Section 9. That the Mayor and the City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing statements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture, the Loan Agreement, the Mortgage and the Security Agreement and the execution of all closing documents as may be required by Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, as Bond Counsel, and the acceptance of any documentation evidencing indemnification of the City by Company in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 10. That the Loan Agreement requires Company in each year to pay amounts as Loan Payments sufficient to pay the principal of, premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 11. That the Bonds are limited obligations of the City, payable solely out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and as provided in the Indenture, and are secured pursuant to and in accordance with provisions of the -9- 375 Mortgage, the Security Agreement, the Assignment, the Guaranty and the Indenture. The Bonds and interest thereon shall never constitute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 12. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 13. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 28th day of February, 1984. City of Iowa City, Iowa (Seal) ohn McDonald, Mayor Attest: Mar an K. Karr, City Clerk -10- 375- CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on February 28, 1984, for the purpose of considering a Resolution authorizing the issuance of $850,000 aggregate principal amount of Commercial Development Revenue Bonds (Gilbert Tower Associates Project) Series 1984, of the City of Iowa City, Iowa, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Real Estate Mortgage, the execution and delivery of a Security Agreement with the City as the Secured Party thereunder as additional security for said Bonds, the execution and delivery of a Deed Restrictions; the execution and delivery of a Loan Agreement between the City and Gilbert Tower Associates, the Assignment by the City of the rights and interest of the City in and to said Real Estate Mortgage, said Security Agreement and said Loan Agreement, the sale of said Bonds, appointment of a Trustee and related matters; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this 28th day of February, 1984. (SEAL) State of Iowa Mar an K. Karr, City Clerk SS.. County of Johnson ) Subscribed and sworn to before me this day, the date last above written. Nobary Public in anU for the (SEAL) State of Iowa -11- 375 i 3.Oo pm �uro„d: a.a+.ar (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: February 28, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Civic Center 410 East Washington Street Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Authorizing the Issuance of $850,000 in Aggregate Principal Amount of the City of Iowa City, Iowa, Commercial Development Revenue Bonds (Gilbert Tower Associates Project) Series 1984, With the Proceeds from the Sale of the Bonds to be Loaned to Gilbert Tower Associates, an Iowa general partnership, for the Purpose of Defraying All or a Portion of the Cost of Acquiring, Constructing, Improving and Equipping a 29 -Unit Multi -Family Residential Apartment Facility to be i Located at 601 South Gilbert and Contiguous Properties Within the Corporate Boundaries of the City; the Execution and Delivery of an Indenture of Trust to Secure Said Bonds; the Execution and Delivery of a Real Estate Mortgage; the Execution and Delivery of a Security Agreement With the City as the Secured Party Thereunder as Additional Security for Said Bonds; the Execution and Delivery of a Deed Restrictions; the Execution and Delivery of a Loan Agreement Between the City and Gilbert Tower Associates; the Assignment by the City to the Trustee of the Rights and Interest of the City in and to Said Real Estate Mortgage, Said Security Agreement and Said Loan Agreement; the Sale of Said Bonds; Appointment of a Trustee; and Related Matters. 2. Such additional matters as are set forth on the additional page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Ma an K. Karr, City Clerk of the City of Iowa City, Iowa -12- 37SS RESOLUTION NO. 84-48 RESOLUTION APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF IOWA CITY, IOWA, FOR THE FISCAL YEARS 1985 THROUGH 1989. WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt_certain capital improvements planning as summarized and attached hereto, subject to annual review and revision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council of the City of Iowa City does hereby adopt as its Capital Improvements Program for the Fiscal Years 1985 through 1989 the Capital Improvements Program. It is understood by the City Council of the City of Iowa City, Iowa, that the 1985 through 1989 Capital Improvements Program is subject to annual review and revision consistent with good planning and operating practices of the City of Iowa City, Iowa; 2. That this Resolution is an expression of the Council's legislative intent for future projects and planning for the City of Iowa City, Iowa; and the anticipated means of financing said projects, subject to applicable laws and elections upon financing by the voters of the City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to certify copies of this Resolution and the appropriate Capital Improvements Program adopted to all governmental agencies as required by law. It was moved by —S r lrl and seconded by Zuber the Resolution be a od pted, and upon roll call there were: AYES: NAYS: V4 X X X X X ABSENT: Ambrisco Baker Dickson x_ Erdahl McDonald Strait Zuber Passed and approved this 28th day of February 1984. Lltt5�, jt, 0 ATTEST:1CITY CLLRK nJ Gaeelvod R Appreve.:l Ey TI o Leal Doparmelit Z :z g4 377 PRWECT SCUTT BLVD PAVING Ill L 19 FIRST A,C CULVERT. NFLMUSE AVE PAVING NURNL'T ROAD PAVING WAI14E ROAD INP ASOOK060 CIRCLE IBP 0U•UDVL AT - IOWA TO PASS EXTRA WIN • KEORUK/SANDUSLI TAPS 4a.61541 PAVING UUDGC ST - DM No TO GOVERNOR NN CROSSINGS - 1sT AVE CRANDIC OR crMsls" IS AR CROSHIM" - MO L C16iNtON Ia& 644" MIDGE SUPLINGTON 4 9019GC OUNCE ST sB10GE/DECA REPAIR 9UP61INGTOW At M AT PALMS CM NESfON AT PIKE 910961MG COELKSIK ASKOAGAN 4A VILLA PASS SIDEWALK MERCER PASS SIDEWALK WILLOW COLt9, PANK 31DEVALS W MOORE 6t SIDEWALK Cop - CL19tus ST PNOPENTI SCU 6 CLEARANCE . POOL FACILITT scoff PENN PLNCLM DIAMOND LIGSTS mENCEN DIAnumos PEKOE BUS ILELT CKPANSIUN/NEPLACENT ..ATIA RAINTLOANCE GARAGE AIRPORT 0467" PLAN ISMS AIRCRAFT BASGANS 6 MP NURTN CUMNILUM &EWER TAFT OEEDmAT NEVER EXTENSION SNANMUCR/6.060 Stull" SEVEN EXISTING StmFP PLANT UPGRADE EAST SIDE. MATLA STORAGE TANK TOTAL CA►It/L11M�1OtUCAUJITIROCRAM t 5- F11 PRION IRS rigs PT9s F117 figs Flog FUTgRE TBS Total, 0' - 0 0 23,000 124,650 371,830 0 1,026,100 7,000 229,000 0 0 0 0 0 236,000 0 0 75,000 669,000 0 0 0 720,800 0 0 0 23,000 2.7,500 0 0 112.300 0 0 ),000 1.2,000 0 0 0 166,000 0 97,600 • • 0 0 • 07,600 0 0 20.0/9 027,700 • • • 641.750 8.200 16,900 0 0 0 0 A 45,990 0 0 0 0 29,000 765,0.0 0 366,000 0 0 0 165,0.0 752,000' 0 1 .697,600 0 1,000 1161000 0 0 O 1 119,461 1.109 57.000 • 0 •L ' • 6 64.010 1.000 79.000 0 9 0 0 6 7f.00• 71.000 1,266.000 1 • 0 0 0 1,719,000 72.140 0 1,016,94 • • • 0 1,4/1,609 0 0 0 10,000 115,000 0 • 125,49 • 9 • 0 6.000 591006 • $5.401 0 Us,000 0 1,960,040 0 0 1 101950409 0 0. 41,009 9 0 • • 67,400 • 7,0.9 1 0 0 0 • 7,14 0 • 12,so0 0 0 1 • . 11.Su 0 0 73,500 0 0 0 0 73.500 0 2.500 15,304 7 0 0 0 70,000 0, 12.000 1510000 0 0 0 0 167.066 0 0 77,320 0 6 0 9 $2,521 0 0 • '1,250,000 0 1 0 1,250.000 0 0 0 0 0 0 55,109 40.000 9 22:000 • • 0 • • 77.040 0 27,500 0 0 0 0 0 27400 900,000 610,600 425,000 720,000 720.000 695,000 0 2,170,600 710,0.0 23.000 1 0 0 0 0 773,40 0 1.s•0,1l9 • • 0 • • 8,999677• 70.000 403.000 0 0 0 0 0 425,090 0 0 0 6,000 106,000 0 0 110,000 0 0 • 17,000 166,500 0 0 179.300 1.000 700,000 9 0 0 0 0 200,000 60,000 950,000 0 0 0 0 0 610,090 69.300 1.047.!00 • 0 0 0 0 11117.0.0 1.317.700 •,177.519 1.976,079 9,265,73• 1,404630 1,24.1!• 51,01• h.s@ H.647.0N 44.6464!4.4 64444 Nu..u.0 @*moonbeam NUP.Nuu uPPUP1Pl " 1.9.