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HomeMy WebLinkAbout1984-10-09 ResolutionRESOLUTION N0. 84-275 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, _ Whiteway Super Market at 212 S. Clinton Street in Iowa City, Iowa, has surrendered cigarette permit No. 85-37 expiring June 30 , 1985 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 85-47 , issued to Whitewav Super Market be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrent on the General Fund in the amount of $ 75.00 , payable•to Mervin F. Rott r as a refund on cigarette permit No. 85-37 It was moved by Strait and seconded by Ambrisco that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this 25th day of September . 19 84 - Mayor Attest: �"n,s,,,...,i ,{ 'sem.✓ RESOLUTION NO. 84-276 RESOLUTION AUTHORIZING THE ADOPTION OF THE POLICY ON DISPLACEMENT IN CDBG PROJECTS. WHEREAS, the City of Iowa City is eligible to receive Community Develop- ment Block Grant (CDBG) funding under Title I of the Housing and Community Development Act of 1974, as amended, and WHEREAS, Section 104(j) of said Act requires a recipient of CDBG funds to establish a policy on displacement, and WHEREAS, the City of Iowa City has developed a Policy on Displacement in CDBG projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Policy on Displacement in CDBG Projects, attached hereto, is hereby adopted. 2. That copies of said Policy be made public and available for citizen review in the Office of the City Clerk and the Department of Planning and Program Development. It was moved by Zuber and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g AMBRISCO X BAKER X DICKSON g ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 9th day of October 1984. 4ORA� ATTEST: 7e kMAAJ CITY CLERK l`occh,od 8. Approved By The Legal Deparimant Z /9.39 POLICY ON DISPLACEMENT IN CDBG PROJECTS CITY OF IOWA CITY 1. Purpose This policy is established pursuant to Section 1040) of the Housing and Community Development Act of 1974, as amended, to provide reason- able benefits to persons who are involuntarily and permanently displaced from a dwelling unit as a result of a Community Development Block Grant (CDBG) funded project. 2. Applicability This policy applies only to those persons who are directly or indi- rectly displaced, involuntarily and permanently, by an acquisition, substantial rehabilitation, or other CDBG funded project of the City (including a project conducted as a prerequisite to a CDBG-funded project) which is not otherwise covered by the Uniform Act (the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). 3. General Policy To the greatest extent possible, it is the City's policy to minimize the displacement of persons from their homes and neighborhoods through the implementation of its CDBG projects. Consistent with this policy, the City will review each project individually for its impact on displacement. Alternative implementation approaches may be used to minimize or avoid displacement. If, however, displacement is unavoid- able in order to accomplish the objectives of a particular project, the City recognizes its obligation to mitigate the adverse effects of displacement and assist any displacees, particularly those of low- and moderate -income. 4. Displacement Resulting from Acquisition Whenever a qualified non-profit entity or subrecipient under contract with the City undertakes a CDBG funded project involving property acquisition, it will be the City's policy to ensure that any person who is to be displaced be permitted to continue in occupancy until their current lease expires, without further compensation. This is to allow the displacee time to secure alternative housing. If it is deemed necessary to displace a person prior to the expiration of their lease, the City will ensure that the displacee is compensated by the non-profit entity, subrecipient or the City for an unplanned move. The displacee will be eligible for relocation financial assistance consisting of: a. Reimbursement for actual, reasonable moving and related expenses according to the following schedule /939 2 Number of rooms (excluding hallways and closets) Maximum payment 1 $175 2 $240 3 $295 4 $340 5 $375 6 or more $400 and b. A replacement housing payment for rental assistance, not to exceed $4,000, that is determined in accordance with 24 CFR 42.453, HUD Uniform Act Regulations. These payments shall be administered in accordance with Appendix 1 of HUD Handbook 1376.1 (Relocation and Real Property Acquisition). The amount of such compensation may be included in the budget for the particular project and is reimbursable from the City's overall CDBG allocation. In any case, a person to be displaced will not be required to move before 30 days from the time that the non-profit entity or sub - recipient acquires the property. 5. Displacement Resulting from Substantial Rehabilitation Whenever permanent displacement will result from the substantial rehabilitation of a property using CDBG funds, the City will compen- sate the displacee for an unplanned move. The displacee will be eligible for relocation financial assistance consisting of: a. Reimbursement for actual, reasonable moving and related expenses according to the following schedule Number of rooms (excluding a ways an c osets Maximum payment 1 $175 2 $240 3 $295 4 $340 5 $375 6 or more $400 and b. A replacement housing payment for rental assistance, not to exceed $4,000, that is determined in accordance with 24 CFR 42.453, HUD Uniform Act Regulations. These payments shall be administered in accordance with Appendix 1 of HUD Handbook 1376.1. The amount of such compensation may be included in the particular rehabilitation project budget and is reimbursable from the City's overall CDBG allocation. 3 6. Displacement Resulting from Other Activities Whenever involuntary and permanent displacement results from other CDBG funded activities, including housing code enforcement, the City will assist any displacees as provided in Section 7 below, without further compensation. I 7. Relocation Advisory Assistance I Any person who is directly or indirectly displaced by a CDBG funded project or activity is eligible to receive relocation advisory j assistance through the City, in addition to any financial assistance provided above. Such advisory assistance will include, but is not limited to, the following as necessary or appropriate: - Information and referrals about the availability of comparable replacement housing in the area that is decent, safe, and sanitary and that is affordable. - Information and referrals about housing assistance programs admini- stered by the City of Iowa City. 8. Nondiscrimination This Policy on Displacement will be administered in full compliance with Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and Section 109 of the Housing and Community Development Act of 1974, as amended. 9. Public Notice and Review Copies of this Policy on Displacement will be made public and avail- able for citizen review in the office of the City Clerk and the Department of Planning and Program Development. / 9,39 ;1ty of Iowa City MEMORANDUM Date: September 26, 1984 To: Members of the City Council From: Aii6Hencin, CDBG Program Coordinator Re: Displacement Policy for CDBG Projects As a result of the 1983 Amendments to the Housing and Community Develop- ment Act, recipients of CDBG funds must adopt a policy to deal with displacement caused by CDBG projects which are not otherwise covered by the Uniform_ Relocation Assistance and Real Property Acquisition Policies Act of 1970. Projects covered by the Uniform Act are generally those in which the City would be directly involved in the displacement of persons,. such as in the acquisiti6n--Of landacquisition--O for the Lower Ralston Creek Project. The attached Policy on Displacement has been prepared in response to the new requirements. At its September 18, 1984, meeting, the Committee on Community Needs reviewed the policy and recommended its adoption with one change. The Committee recommended that the policy provide for a replace- ment housing payment, ($4,000 maximum) to be consistent withte Uniform Act. (See Section 4.b and 5.,b of the Policy.) In its earlier ft, the Policy did not provide for replacement housing payments. tp3/1 19 �_.9 I'>. RESOLUTION NO. 84-277 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM AND INDEPENDENT LIVING, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IL EMPLOYMENT PROGRAM. WHEREAS, the City Council of the City of Iowa City did, by Resolution No. 83-247, dated August 2, 1983, authorize and enter into an agreement with the Mayor's Youth Employment Program and Independent Living, Inc. to utilize Community Development Block Grant funds for the MYEP/IL Employment Program, and WHEREAS, due to unscheduled turnover in program participants, additional funds are needed to balance the project budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an amendment to the agreement with the Mayor's Youth Employment Program and Independent Living, Inc. to increase the level of funding for the MYEP/IL Employment Program from $30,000 to $30,910. Said amendment is attached to this resolution and is incorporated herein by this reference. It was moved by Ambrisco 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 9th day of October 1984. ATTEST: l:eac ~led It AI"i rovai BY T-I,C Le'nl'Z ertmcrtf J, AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE MAYOR'S YOUTH EMPLOYMENT PROGRAM AND INDEPENDENT LIVING, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE MYEP/IL EMPLOYMENT PROGRAM This agreement, entered into this 9th day of October 1984, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Mayor's Youth Employment Program in conjunction with Independent Living, Inc. (herein referred to as "MYEP/IL"), is an amendment to the agreement providing for the MYEP/IL Employment Program. This agreement amends Section III of the original agreement executed August 2, 1983, as follows: III. FUNDING: The City shall pay $30,910 to MYEP/IL to provide these services from September 1, 1983, through August 31, 1984. Lump sum payment shall be made as soon as practicable following the execution of this agreement. In witness whereof, the parties hereto have executed this agreement on this 9th day of October , 1984. CITY OF IOWA CITY, IOWA �Maor 1�)) �I) Attest: 13J&.,. to 7.• yC�,.. ) ity Clerk Rocahled IL Approved $y T4 Leal Dopartmont n�Z�q MAYOR'S YOUTH EMPLOYMENT PROGRAM INDEPENDENT LIVING, INC. By: G Attest: QEn� RESOLUTION NO. 84-278 RESOLUTION AUTHORIZING THE ADOPTION OF THE PROGRAM MANUAL, AFFIRMATIVE MARKETING AND TENANT ASSISTANCE RENTAL EHABILITATIONLPROGRAND DESIGNATING TARGET PROGRAM. WHEREAS, the City of Iowa City is authorized under Chapter 403 of the prode ivate of Io a (1983), to formulate a program for utilizing app p resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the City of Iowa City is eligible to receive Rental Rehabilitation Grant funds from the U.S. Department of Housing and Urban Development (HUD) for the purpose of financing the rehabilitation of residential rental properties, and fWHEREAS, a Program Manual, Affirmative Marketing Plan and Tenant Assistance Policy i have been developed pursuant to HUD regulations for the Rental Rehabilitation Grant Program, and WHEREAS, target neighborhoods have been recommended for the City of Iowa City Rental Rehabilitation Program. ii NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Program Manual, Affirmative Marketing Plan and Tenant Assistance Policy, documents attached hereto, for the City of Iowa City Rental Rehabili- tation Program are hereby adopted. 2. That the recommended target neighborhoods, as shown on the map attached hereto, are hereby designated for the Rental Rehabilitation Program. 3. That copies of the above -listed documents for the Rental Rehabilitation i Program be made public and available for citizen review in the Office of the city Clerk and the Department of Planning and Program Development It was moved by Zuber and seconded by Erdahl � the Resolution be adopted, and upon rol call there were: AYES: NAYS: ABSENT: x Ambrisco x Baker x Dickson x Erdahl x McDonald x Strait x Zuber Passed and approved this 9th day of October 1984. u � AYO ATTEST: ii1na.n ,� '� Rocalved & Approvod CIT CLERK Ily Tho 1,eDal Department l9� ' Aty of Iowa City MEMORANDUM Date: October 2, 1984 To: Members of the City Council From:4 Jim Hencin, CDBG Program Coordinator Re: Rental Rehabilitation Program The City Council is asked to consider the adoption of four documents relating to the implementation of the City's rental rehabilitation program: 1. Administrative Policy and Procedures Manual. 2. Affirmative Marketing Plan. 3. Tenant Assistance Policy. 4. Map of Target Neighborhoods. Over the past few months, staff has been preparing for the rental rehabilita- tion program, attempting to develop a program that will fit the local situation. Using a combination of HUD guidelines, the experiences of other cities in rental rehabilitation and the City's own experience in administer- ing housing programs, the staff has developed a rental rehabilitation program .which features the following: •Deferred payment loans limited to 50% of rehabilitation costs, up to $5,000 per unit. •Loan secured by lien on property for ten years with payable on sale or transfer provisions. •Assistance targeted to small (1-11 unit) rental properties. •Section 8 housing certificates available for eligible lower income tenants. •Relocation assistance available for tenants who must be displaced. Along with the $71,500 awarded to the City for the rehabilitation loans, HUD has allocated 14 Section 8 housing certificates for tenants. Thus, the program will involve a good deal of coordination between the Housing Reha- bilitation staff and the Assisted Housing staff. When the program documents were reviewed by the Committee on Community Needs last month, the Committee recommended two changes: 1. Administrative Policy and Procedures Manual - Stronger language regarding prior owner participation. Staff added a new paragraph 4.f. Program Performance to Chapter 3. (See page 5 of the manual.) This paragraph reflects two standards which HUD uses in the program. /fw 2 2. Tenant Assistance Policy - Provide up to $4,000 cash rental assistance for displacees, consistent with the Uniform Act. Staff revised Section 4. Current Tenants accordingly. (See bottom of page 5 of the policy.) HUD oes no require payments to be consistent with the Uniform Act. In the earlier version proposed by staff, the Tenant Assistance Policy provided for a maximum rental assistance payment of $1,200. If there are any questions concerning the rental rehabilitation program, please let me know. bj2/12 /944/ TABLE OF CONTENTS Chapter 1. General i j Chapter 2. Project Financing and Eligible Administrative Costs Chapter 3. Eligibility Requirements Chapter 4. Costs Includable in Rental Rehabilitation Loans Chapter 5. Limitations on Amount of Loan Subsidy Chapter 6. Processing and Submissions for a Loan Subsidy Chapter 7. Loan Settlement Chapter B. Loan Closeout Chapter 9. Terms and Conditions Under Which Rental Rehabilitation Loan Subsidies Are Made Chapter 10. Funding of Individual Loan Subsidies and Management of Accounts Chapter 11. Determining Work to be Done With a Rental Rehabilitation Loan Chapter 12. Contracting for Rehabilitation Work Chapter 13. Inspection of Rehabilitation Work Chapter 14. Truth -in -Lending Requirements for Rental Rehabilitation Loans Chapter 15. Grievance Procedure 3 CHAPTER 1. GENERAL 1. LEGAL AUTHORITY. Rental housing rehabilitation loan subsidies are authorized yy the Iowa City Council utilizing grant assistance under Section 17 of the United States Housing Act of 1937. 2. DEFINITIONS. Following are definitions of various terms used with respect to rental rehabilitation activities. a. City means the City of Iowa City which is eligible to receive Rental Rehabilitation Grant assistance under Section 17 of the United States Housing Act of 1937. b. FFaami1Y has the same meaning as family, as defined by HUD at 24 CFR 812.2. c. HUD means the U.S. Department of Housing and Urban Development. d. Large family means a family of 5 or more members. e. Lower income family means a family whose income does not exceed 80% of the median family income for the area. f. Owner means one or more individuals, corporations, partnerships, or other legal entities that hold valid legal title to the property to be rehabilitated. g. Project means one or more continguous buildings under common M and management that are to be rehabilitated with rental rehabilitation loan subsidies. h. Rehabilitation officer (Specialist) means an employee of the C ty s Department of P anningng andProgram Development charged with the duties of administering the specific aspects of the rental rehabilitation program. i. Unit or dwelling unit means a residential space that qualifies under the Iowa City Housing Code as a permanent habitation or abode for a family. CHAPTER 2. PROJECT FINANCING AND ELIGIBLE ADMINISTRATIVE COSTS 1. GENERAL. This chapter covers City Council provisions required for the making of rental rehabilitation loan subsidies, sources of funds to be used for making loan subsidies, program reimbursement for advanced fees, and the costs in connection with rental rehabilitation loan subsidies that are eligible administrative costs. 2, PROJECT FINANCING. Rental rehabilitation loan subsidies may be made on yIf ere exists a City Council resolution approving the rehabili- tation loan subsidy program and a sufficient appropriation of Rental Rehabilitation Grant funds from HUD to finance said loan subsidies. 3. ELIGIBLE ADMINISTRATIVE COSTS. The costs described below, related to the processing of yenta rehabilitation cases, are eligible adminis- trative costs. Provision shall be made for these costs in the annual Community Development Block Grant (CDBG) budget which is appropriate to the program involved. a. Cit overhead and third- art contracts. The following costs incurre in t e processing an a minis ration of rehabilitation loans are eligible costs, to the same extent as costs incurred for other eligible CDBG projects or activities. (1) City costs for staff salaries, wages, and related personnel expenses. (2) Costs incurred under contract or agreement with organiza- tions, firms, and individuals for supplies and technical and professional services. Contracts and agreements must meet the City's requirements for third -party contracts as to form and methods of solicitation and execution, and, where appropriate, shall be concurred in by the City Attorney's office and the City Manager. b. Other costs related to loans. In addition to those costs set forth in paragraph 3.a. above, other costs for goods and services required for the processing of a rental rehabilitation. loan application may be considered eligible administrative costs. c. Advancinfunds for includable costs. As necessary, the City Tall advance C B funds to pay f5r processing fees, credit reports, and charges for title reports and recordation fees. CHAPTER 3. ELIGIBILITY REQUIREMENTS GENERAL. This chapter sets forth eligibility requirements as to the property and the applicant for a rental rehabilitation loan subsidy. A loan may be made only with respect to a property located within a target neighborhood designated by the City Council. The property must need rehabilitation to meet the Minimum Structure Standards for All Dwellings as required by the Housing Code of Iowa City. A property may not participate more than once in the rental rehabilitation program. ?. REQUIREMENTS APPLICABLE TO EVERY LOAN SUBSIDY. In order to be e ,gib a for a renta reha itat,on oan su s,dy, the applicant must be capable of obtaining a rehabilitation loan from a private lending institution. A rental rehabilitation loan subsidy cannot be approved if the applicant cannot obtain the remainder of construction monies from their own resources or a private lending institution. In addition, the applicant must be the owner or the contract purchaser of the property to be rehabilitated. 3. REQUIREMENTS OF THE RENTAL REHABILITATION PROGRAM. The applicant and the property proposed to be reha ilitated must in all other respects comply with HUD's requirements for the Rental Rehabilitation Program as set forth in 24 CFR Part 511. 4. OTHER REQUIREMENTS. a. EgTitY. The owner or contract purchaser must have owned or held equ,table interest in the property for a minimum of 12 months prior to applying for a rental rehabilitation loan subsidy and have at least 20% equity in the property. b. Property size. The property (project) must have at least one (1) but not more than eleven (11) dwelling units. c. Frequency. An owner may receive financial assistance to rehabili- tate only one project per calendar year, unless there are no other applicants on the City's waiting list for that year. d. L,abilit . All mortgage or contract payments, property taxes, and azar nsurance for the property must be current. e. Program benefit. At least 70% of the units in a project must be occupied by lower income families upon completion of the rehabili tation. f. Program performance. An owner who previously received financial assistance under this program must provide evidence that at least 70% of their previously rehabilitated units are occupied by lower income families or at least 80% of such units have rents that are affordable to lower income families. If* CHAPTER 4. COSTS INCLUDABLE IN RENTAL REHABILITATION LOANS GENERAL. A rental rehabilitation loan subsidy may be approved only with respect to a property which needs to be brought up to Housing Code Standards (HCS). After rehabilitation, the property must, at a minimum, conform to the HCS. Eligible project costs may generally include costs necessary to (1) correct substandard conditions as determined by the Housing Code and (2) repair major housing systems (roof, plumbing, heating, electrical, etc.) determined by the City to be in danger of failure. Within the limitations on the amount of loan subsidy as set forth in Chapter 5, a rental rehabilitation loan may also include amounts for purposes other than meeting the HCS, as set forth in this section. a. Conversions. In general, conversion of a property so as to change either its use or the number or size of units may be permitted only if the conversion is necessary to meet HCS or to eliminate a non -conforming use pursuant to the Iowa City Zoning Ordinance. Conversion will only be considered if it will make rehabilitation and maintenance economically feasible. b. Energy conservation measures. A rentaT rehabilitation loan may provide for specific energy conservation measures such as storm windows, caulking, and weather stripping, and attic and wall insulation. c. Handica ed assessibilit measures. A rental rehabilitation loan Fay provide for improvements to permit the use of rehabilitated projects by handicapped persons. d. Building permits and related fees. A rental rehabilitation loan may provide funds to cover the cost of building permits and related fees that are required to carry out the proposed rehabili- tation work. However;since the construction contract documents will require the contractor to pay for them, this cost ordinarily would be included in the contract amount. e. Architectural/engineering_services. In some cases, an applicant may employ a private architect or engineer to prepare plans and drawings for the rehabilitation of the property. In these cases, and with prior approval from the City, the rental rehabilitation loan may include an amount to cover the cost of the architectural or engineering services for the rehabilitation work to be financed by the loan. f. Certain related costs. A rental rehabilitation loan may cover certain costs and charges related to processing the loan applica- tion and to obtaining security for the rental rehabilitation loan, such as: (1) Appraisal Fees J . 2 Abstract of Title. 3; Title Opinions and Other Legal Fees. (4) Fees for Recordation and Filing. (5) Termite Inspection. 7 (6) Lead Based Paint Analysis. (7) Private Lending Institution Loan Origination Fees. (8) Credit Reports. As necessary, the City may advance COBB funds to pay for appraisal fees, title reports, termite inspection, lead based paint analysis and credit reports prior to formal commitment on the rental rehabilitation loan application. If the loan is approved, the City shall be reimbursed from the proceeds of the loan at the time of loan settlement. If the loan is not approved or the applica- tion is withdrawn, the City's advances shall be regarded as eligible administrative costs. 2. WORK WRITE-UP. The Rehabilitation Officer shall prepare a deficiency list in accordance with this manual to verify the rehabilitation work to be financed with the rental rehabilitation loan. 3. LOAN CANCELLATION. Should a rental rehabilitation agreement be cancelled after rehabilitation work has begun due to some unforeseen circumstances, the City reserves the right to withdraw its subsidy. If the property owner changes his/her mind and decides not to do energy conservation measures or handicapped accessibility repairs and improvements, the total loan will be reduced to the actual amount of funds used rather than the full amount. 4. SUPPLEMENTAL FUNDS. Since the applicant will be furnishing supplemen- tary funds from sources other than the rental rehabilitation loan, the applicant will be required to furnish written documentation that such funds are available and can be deposited in an escrow account. 5. COSTS NOT INCLUDABLE. A rental rehabilitation loan shall not provide for: a. New construction, substantial reconstruction, expansion of the size of a structure, or the finishing of unfinished spaces such as an attic or basement, except as provided in paragraph 1.a. above. b. Materials, fixtures, equipment, or landscaping of a type or quality which exceeds that customarily used in the locality for properties of the same general type as the property to be reha- bilitated. c. Appliances not required by the Housing Code. d. Purchase, installation, or repair of furnishings or trade fix- tures. B CHAPTER 5. LIMITATIONS ON THE AMOUNT OF LOAN SUBSIDY 1. GENERAL. This chapter sets forth the financial limitations for the rental rehabilitation loan subsidy program, hereinafter referred to as a loan. 2. MAXIMUM LOAN. The maximum loan subsidy shall be determined using the fa owing criteria: a. Not more than 50% of the total cost to rehabilitate the property. b. Not more than $5,000 per dwelling unit. 3. MINIMUM LOAN. The minimum loan subsidy shall be $600 per dwelling unite 4. LOAN TERMS. All rental rehabilitation loans shall be set for a term of ten years, with payment deferred as provided in the promissory note. /?V/ CHAPTER 6. PROCESSING AND SUBMISSIONS FOR A LOAN SUBSIDY 1. OUTLINE OF REHABILITATION STAFF FUNCTIONS. Listed below are the unctions to be perform -e y e sta or a rental rehabilitation loan subsidy. Staff shall assist the property owner by performing functions a. through g. listed below: a. Interview and advise the property owner on the general rehabilita- tion objectives and requirements for the Rental Rehabilitation Program and the requirements of the HCS. b. Advise the property owner on the availability and benefits of a rental rehabilitation loan subsidy, and on other public and private programs and resources which may be available for financ- ing rehabilitation. C. Advise the applicant concerning the conditions under which a rental rehabilitation loan subsidy is made, including requirements of the City's Affirmative Marketing Plan and Tenant Assistance Policy for the Rental Rehabilitation Program. d. Complete owner proposal (application) for the Rental Rehabilita- tion Program. e. Inspect the property and prepare a preliminary deficiency list and cost estimate of the rehabilitation work. f. Conduct a financial interview and/or analysis to determine eligibility of the applicant and property for a loan subsidy. g. Notify all tenants in the property to be rehabilitated of the City's Tenant Assistance Policy. h. Determine that items in the deficiency list conform to purposes for which a rental rehabilitation loan may be used. i. Conduct final consultation with applicant on preliminary defi- ciency list and cost estimate to reach agreement on work to be done within Rental Rehabilitation Program guidelines. j. Prepare final deficiency list and contract specifications. k. Assist the property owner as necessary to obtain construction bids. 1. Take "before" pictures. m. Assign loan number and set up separate file for each case. n. Deliver case to Director for submission to Housing Commission for loan subsidy commitment. Include the following documents and/or forms: (1) Copy of accepted bid. (2) "Before" pictures. /%/ 10 (3) List of HCS deficiencies, energy conservation measures and other planned improvements along with staff cost estimates. o. Determine that the property will conform to Housing Code Standards upon rehabilitation. p. When a firm commitment has been received by the Rehabilitation Officer, advise applicant and applicant's lending institution and set date for the settlement of the loan to be subsidized. q. On date certain for settlement, meet at designated loan closing location and assist in getting all necessary papers signed including: (1) All copies of construction contracts. (2) Notice to proceed. (3) Promissory note and rental rehabilitation agreement. r. Assure compliance with equal opportunity/affirmative marketing requirements. (Continuing responsibility.) s. Interview and advise tenants of their eligibility for benefits under the Tenant Assistance Policy. t. Inspect the rehabilitation work and assist owner in making progress payments, if such are provided in construction contract. u. Make final inspection of completed rehabilitation work. V. Issue "Certificate of Final Inspection." w. Take "after" pictures. x. Assist owner in obtaining from the contractor the guarantee of work, manufacturers' and suppliers' warranties, and release of liens from the general contractor, subcontractors and suppliers prior to final payment for rehabilitation work. y. Assist the owner in making final payment to contractor for completed rehabilitation work. 2. DISAPPROVAL OF LOAN SUBSIDY APPLICATION. Disapproval by the Housing Commission for any loan subsidy application constitutes a formal turndown and the Rehabilitation Officer shall advise the applicant accordingly and properly document the file. In the case of special or extenuating circumstances, the Rehabilitation Officer may ask the Housing Commission to reexamine an application along with the documen- tation necessary to support the request for reconsideration. / Yet/ 11 3. APPLICANT CANCELS LOAN SUBSIDY APPLICATION. In the event the appli- cant chooses to cancel the loan subsidy application prior to the date certain for settlement, the Rehabilitation Officer shall prepare Cancellation of Loan Subsidy forms and obtain the applicant's signa- ture. If the applicant refuses to sign, the Rehabilitation Officer shall indicate this refusal on the form. 4. DOCUMENTATION FOR LOAN. The following documentation shall be main- tained -in the files by the Rehabilitation Officer for an application recommended for approval: a. Application (owner proposal for rental rehabilitation) form. b. Letter of loan commitment from private lending institution. c. Terms and conditions form signed by applicant to verify receipt of same. d. Ownership data. The Rehabilitation Officer shall make a prelimi- nary determination of ownership. The citation from official records used in the verification shall be retained in the file. /9y/ 12 ^ CHAPTER 7. LOAN SETTLEMENT 1.• GENERAL. This chapter sets forth the staff responsibilities with respeff to a rental rehabilitation loan for: (a) preparing for loan settlement; (bcompleting loan settlement; and (c) carrying out post settlement activities. 2. PREPARING FOR LOAN SETTLEMENT. The following actions shall be taken in p r e para ion or oan settlement: a. Establish a date certain for loan settlement that allows a minimum of 15 days for processing. b. Take the following actions: (1) Prepare a promissory note and rental rehabilitation agreement (original) in accordance with the form of promissory note and agreement approved by the City Attorney's Office. (2) Prepare a proceed order to be signed by the borrower at settlement. The executed proceed order shall be retained by the Rehabilitation Officer for five working days from the date of signing in order to give the borrower time to exercise his/her rights of rescission under the Truth -in -Lending Act. (3) Instruct the borrower to obtain: (a) Original and memorandum copy of insurance policies for hazard and extended coverage that provides coverage in accordance with the local coinsurance clause percentage of the value of the property, or an insurance binder or other evidence of insurance. (b) Original or certified copy of receipt for payment of initial or current insurance premium, whichever is applicable. (4) Make arrangements for loan settlement on the date certain. 3. DELAY INLOAN SETTLEMENT. Loan settlement shall be effected on the es a s setllemen t date. If for any reason loan settlement cannot be accomplished on the established date, it shall be accomplished as soon thereafter as possible. Such later settlement shall, with the written consent of the borrower, be effected as of the originally established settlement date. 4. COMPLETING LOAN SETTLEMENT. The Rehabilitation Officer shall proceed wi oan se amen on the date certain as follows: a. Review the approved rental rehabilitation loan application with the borrower. b. Secure the borrower's signature on each of three copies of the application and witness the signature. c. Secure the borrower's signature on the original promissory note. /%/ 13 d. Secure the borrower's signature on the original rental rehabilita- tion agreement. e. If necessary, review with the borrower the copy of terms and conditions form which was previously given to him/her. f. Obtain opinion of City Attorney (original) concerning the legality and sufficiency of the executed promissory note and the rental rehabilitation agreement. The City Attorney shall participate in any proceedings as may be necessary to assure the legal validity of the loan application. g. Obtain from the borrower the required hazard and extended coverage insurance policies and premium payment receipts. h. Obtain from the borrower evidence of current tax and special assessment payments in the form of most recent receipts. i. Obtain borrower's signature on proceed order and hold until it is evident that the borrower does not intend to cancel the loan in accordance with the Truth -in -Lending Act. 5. POST SETTLEMENT. The Rehabilitation Officer shall record all recorda a instruments and obtain evidence of recordation promptly after completing loan settlement. AW, 14 CHAPTER 8. LOAN CLOSEOUT 1. GENERAL. This chapter sets forth the staff responsibilities for loan closeout and transmittal of related documents for a rental rehabilita- tion loan. 2. DISPOSITION OF FUNDS STATEMENT. After all funds have been disbursed from the rehabilitation project account and the account has been closed, the Rehabilitation Officer shall prepare a Disposition of Funds Statement in which the Rehabilitation Officer shall account for the disposition of the full loan amount. 3. CLOSEOUT DOCUMENTS. After final payment for all rehabilitation costs and after closing the borrower's account, the Rehabilitation Officer shall transmit copies of the documents prescribed below to the borrower. a. Disposition of funds (copy). b. Contractor's final invoice. c. Certificate of Completion. d. Release of liens from contractors and suppliers. 15 CHAPTER 9. TERMS AND CONDITIONS UNDER WHICH RENTAL REHABILITATION LOANS ARE MADE 1. GENERAL. This chapter sets forth the terms and conditions to which an applicant must agree in order to obtain a rental rehabilitation loan. 2. LOAN CONDITIONS. The specific terms and conditions with respect to rehabilitation loan for a residential rental property are incorporated in the rental rehabilitation agreement and the promissory note. Cancellation Provision. If within 60 days from the note's execution the re a i i ation work has not comnenced,'the City may extend the 60 -day period by not more than 30 days, due to unfore- seen and extenuating circumstances. b. Additional Extension. The Rehabilitation Officer shall not grant any further ex ens ons of time without prior written concurrence by the Director of Planning & Program Development. If the loan is to be canceled because of failure to begin anticipated rehabilita- tion work within the allowed period of time, the Rehabilitation Officer shall initiate cancellation. 3. TERM OF LOAN. The maximum term for a rental rehabilitation loan shall be 10 years. 4. POINTS OF AGREEMENT. The applicant shall agree, as required by the related documents, to abide by the following terms and conditions. a. Civil Rights. Comply with all Federal and City requirements with respect to the Civil Rights Act of 1964 and the Civil Rights Act of 1968, to not discriminate upon the basis of race, color, creed, religion, national origin, age, sex, marital status, disability and sexual orientation, presence or absence of dependents, or public assistance source of income, in the sale, lease, rental, use or occupancy of the subject property. b. Use of Proceeds. Use the loan proceeds only to pay for costs of services and materials necessary to carry out the rehabilitation work for which the loan will be approved. C. Com letion of Work. Assure that the rehabilitation work shall be Carrie out prompt y and efficiently through written contract. d. Ineligible Contractors. Not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the loan to any contractor, who, at the time, is ineligible under the provision of any applicable regulation issued by the Secretary of Housing and Urban Development to receive an award of such con- tract. e. Inspection. Permit inspection by the City or its designee of the property the rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work. f. Records. Keep such records as may be required by the City with respect to the rehabilitation work. 16 g. Interest of Certain Officials. Not permit any member of or e ega e o a ongress o e United States, and no Resident Commissioner, to share in any proceeds of the loan, or to any benefit to arise from the same. h. Bonus, Commission, or Fee. Not pay any bonus, commission, or fee for the purpose of obtaining the City's approval of the loan application, or any other approval or concurrence required by the City or its designee to complete the rehabilitation work, financed in whole or in part with the rental rehabilitation loan. i. _Interest of the Citv. Allow no member of the governing body of the City who exercises any functions or responsibilities in connection with the administration of the concentrated rehabilita- tion project, and no other officer or employee of the City who exercises such functions or responsibilities to have any direct interest in the proceeds of the rehabilitation loan, or in any contract entered into by the applicant for the performance of work financed, in whole or in part, with the proceeds of the rental re- habilitation loan. J, Preservation of the Security. Maintain the property at the qu reirements of the Housing Code Standards level and permit the City or its designee to inspect the property during the term of the loan. k. HazardInsurance. Maintain hazard insurance on the property with a as, paya e clause to the City as applicable. 1. Transfer of the Property. Not sell, or transfer the property as provided in the promissory note without repaying the loan - unless prior written consent of the City is sought and received. m. Flood Insurance. If property is located in a designated flood azar area, a owner agrees to: (1) Purchase the requisite flood insurance coverage. (2) Renew and maintain the coverage so that the flood insurance policy does not lapse during the term of the loan. (3) Provide proof of insurance coverage to the City. IP11 17 CHAPTER 10. FUNDING OF INDIVIDUAL LOANS AND MANAGEMENT OF ACCOUM- 1. GENERAL. This chapter sets forth policies for funding the individual oaan and the City's management of loan funds. FUNDING RENTAL REHABILITATION LOANS. When an application for finan- cial assistance has been processed and approved, the staff shall enter the total amount of assistance in the program account ledger as encumbered monies. The staff must be certain that adequate funds are budgeted and uncommitted before processing applications for loans. Program budgets will be established annually by the City Council according to federal funding availability. 3. MANAGEMENT OF SUPPLEMENTAL PRIVATE FUNDS. Since supplemental funds are utilized to complete each project, ese funds will be managed and disbursed in accordance with the rules and policies of the lending institution. 4. MANAGEMENT OF THE RENTAL REHABILITATION LOAN ACCOUNT. All funds shall be deposited in a non-interest earning bank account. Accounting records will be maintained to keep these funds separate from other City funds. In general, the use of rental rehabilitation loan funds will be governed by HUD's Cash and Management Information System. a. Separate Case Numbers for Each Program Participant. The Rehabili- tation Officer will assign case numbers to each program applicant. All credits and debits will be logged according to assigned case numbers. b. Disbursements of Repair Funds. Disbursements of funds will be initiated by the Rehabilitation Officer. A check request will be prepared and submitted to the Department of Finance properly identifying the case number and expenditure. The Rehabilitation Officer will maintain a file of all invoices and receipts. The depository institution will prepare a check, as directed, payable to the applicant/borrower and the payee for the following pur- poses, as may be appropriate: (1) Make progress and final payment for rehabilitation work. Progress payments are limited to 80% of the value of the work satisfactorily completed. (2) Reimburse the City for advanced loan expenses. c. Transmittal of Checks. The Rehabilitation Officer shall secure the endorsement of the borrower on checks payable to the borrower andthe payee. The Rehabilitation Officer shall transmit the endorsed check to the payee. Checks which include any amounts previously withheld from progress payments shall be accompanied by an explanation of the computation. /Ny 18 CHAPTER 11. DETERMINING WORK TO BE DONE WITH A RENTAL REHABILITATION LOAN GENERAL. This chapter sets forth the responsibilities of the Reha- bilitation Officer for determining the repair work necessary to bring a property into conformance with the requirements of the Rental Reha- bilitation Program and for providing assistance in the repair of the property. In carrying out these responsibilities, the Rehabilitation Officer shall: a. Inspect the property. b. Make a preliminary deficiency list and cost estimate of the work to be done. c. Consult with and advise the owner on the work to be done and the availability of a rehabilitation loan. d. Prepare a final deficiency list and cost estimate as the basis for a loan and for contracting for the repair work. 2. WORK WRITE-UP AND COST ESTIMATE. A deficiency list and cost estimate is a statement prepared by the Rehabilitation Officer based on the property inspection report that itemizes all the repair work to be done on the property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work. 19 CHAPTER 12. CONTRACTING FOR REHABILITATION WORK 1. INTRODUCTION. This chapter sets forth requirements and procedures wi�specf to construction contracts for repair financed through a rental rehabilitation loan'. Repair work shall be undertaken only through a written contract between the contractor and the recipient of the loan. The owner shall be responsible for obtaining their own bids and entering into 'the repair contract with little or no City involve- ment. The Rehabilitation Officer shall assist each applicant as needed, in arranging for and obtaining an acceptable construction contract. a. Form of Contract. The construction contract shall consist of a singleocu�form provided by the City and signed by the con- tractor and accepted by the homeowner, only following approval of the repair loan. It shall contain a bid and proposal by the contractor. b. Procurement of Bids. An acceptable contractor's bid and proposal must be obtained ore the Director approves the application for the loan. 2. GENERAL CONDITIONS. The Rehabilitation Officer shall prepare "general conditions" for use in all construction contracts for the repair of the property. 3. SPECIFICATIONS AND DRAWINGS. A deficiency list and illustrative sketches, any, covering the specific repair work for each property on which a repair loan will be made shall be prepared by the Rehabili- tation Officer. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, and to avoid misunderstandings with the bidder. The deficiency list and drawings shall be based on the inspection of the property and interviews, as indicated, with the applicant. The deficiency list shall clearly establish the nature of the work to be done and the material and equipment to be installed. 4. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL. a. Contractor Selection. The owner shall be asked for the name of a contractor he/she would like to bid on the repair of his/her prop- erty. If the owner does not know of a contractor, the staff shall provide the property owner with two or more contractor names from the list of contractors maintained at the Department of Planning and Program Development. b. Invitation to Bid. Once the contractor has been selected accord- ing to paragraph 4.a. above, the owner shall contact the selected contractor and invite him/her to bid the proposed repair. The owner shall negotiate with the contractor to obtain an acceptable bid. Bid Review. Upon receipt of the bid proposal from the bidding contrac or, the owner shall review the bid for completeness and accuracy making special note to assure that the deficiency list has been adhered to. 20 — Ac�ce table Bsiid. An acceptable bid is one that upon review under .cam above ,not in excess of 10% of the Rehabilitation Officer's estimate. The bidding contractor shall provide a cost for, each repair item. If the costs are not acceptable, the Rehabilitation Officer shall work with the owner and contractor to negotiate a cost that is reasonable and acceptable to all parties. e. Maintenance of the Contractor's List. (1) The Rehabilitation Officer shall be responsible for maintain- ing a list of all contractors including minority and female contractors who have expressed an interest in bidding on repair construction and who can provide the following: (a) Adequate active liability insurance. (b) The name of his/her company bank. (c) the names of his/her usual subcontractors. (d) The names of his/her principal suppliers. (e) The names and addresses of at least two (2) recent residential repair or construction jobs. (f) Iowa City contractor's license as applicable. (2) The Contractor List shall be maintained in a conspicuous place within the Department of Planning and Program Develop- ment office, open to public review. The Contractor List shall be grouped according to the category of specialization the contractor requests to be listed (e.g. general contrac- tors, electrical, plumbing/heating, masonry, dry wall, etc.). S. AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having the applicant for the loan properly execute the contract with the assistance of the Rehabilitation Officer. a. Issuance of Proceed Offer. At the time the award is made, the Rehabilitation Officer shall remind the applicant and the success- ful contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed order, within the number of days stated in the general conditions of the contract from the date of the award. Upon award of the contract, the owner shall notify unsuccessful bidders that they have not been awarded the contract. b. Award within 30 days of Cutoff Date. In order for the bid and proposal to be binding, the award shall be made within a period of 30 days from the cutoff date established by the owner for the receipt of the bid and proposal, unless a later date is agreed upon in writing. c. Contract Award. The award of a construction contract shall be acccmpT shed -6y the owner executing the original and two copies of the contract documents. The owner shall distribute the execute contract to documents as follows: #Yl/ 21 (1) Executed original retained by owner. (2) Executed copy to contractor. (3) Executed copy to the City of Iowa City in care of the Reha- bilitation Officer. 6. LABOR PERFORMED BY OWNER IN REPAIRING PROPERTY. e of Work and Skill of Owner. A property owner may complete some or a o e raSKs required to repair his/her property, if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean-up, demoli- tion of small buildings on a property, removal, cartage, and disposal of the debris, and for work that involves minimal use of costly materials and equipment. Work of a skilled nature and work involving the extensive installation of costly materials and equipment are appropriate if the Rehabilitation Officer is assured the property owner has the ability and experience required to do the work properly without supervision or that he/she has suffi- cient skill to do the work properly with technical advice and guidance from the Rehabilitation Officer. b. Provision for Self -Help in Loan. Whenever self-help is necessary, indicate or desired and the Rehabilitation Officer considers that with or without technical assistance and guidance a property owner will be able to perform the work in a reasonably acceptable and expeditious manner, he/she may process an application for a loan on that basis. In such a case, the amount of the loan would provide funds to pay for the materials and equipment to be installed by self-help, as well as an additional funds needed to pay for other work to be performed by a contractor. The loan shall not include funds to pay the owner or members of his/her family for their labor. Further, the Rehabilitation Officer must exercise good judgement and prudence as to avoid a situation in which an owner could place himself or herself in financial difficulty through improper use, installation or even destruction of the materials and equipment purchased with loan funds. For this reason, the owner should understand that the proceeds of a loan to pay the supplier for materials and equipment involved in a self-help will be disbursed from the loan account by the staff, only after they have been properly installed. 1W 22 CHAPTER 13. INSPECTION OF REHABILITATION WORK 1. GENERAL. This chapter sets forth the requirements. for the inspection o -repair work financed in whole or in part with a rental rehabilita- tion loan. 2. RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitation Officer shall make inspections of construction work in cases involving a rental rehabilitation loan. To accomplish this, the Rehabilitation Officer shall make: (1) Compliance inspection, as necessary, to assure that the construc- tion work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work has been completed in accordance with construction contract. The Building Inspector and any specialists from the Building Inspec- tion Division of the City of Iowa City, as may be required, shall accompany the Rehabilitation Officer on the final inspection and shall provide the Rehabilitation Officer with a written report of their findings. 3. INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in accordance -with following: a. Inspections. Upon completion of the repair work and receipt of the contractor's invoice containing his/her certification of sat- isfactory completion of the work in accordance with the contract and his/her warranty, the Rehabilitation Officer shall arrange for inspection of the completed work. b. Makin Pa ments. When the inspection determines that the work is sa is ac or y When in accordance with the contract, the owner shall be advised to obtain from the contractor a release of liens and a copy of each warranty due the owner for the work. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, the owner shall authorize payment. 4. CERTIFICATION OF FINAL INSPECTION. After the Rehabilitation Officer determines that the re a tation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Fonn CDR -7945 (original and one copy). 1 Distribution. Form CDR -7945 shall be distributed as follows: (1) Signed original to the property owner. I i (2) Signed copy to the property file. 5. COORDINATION WITH CONTRACTOR. When some of the repair work is to be perform through se f- e p and the remainder is to be completed by the contractor, the Rehabilitation Officer should assure that the work is accomplished by each of them so as not to interfere with or jeopardize the other's work. In cases where a separation in the timing of the work is not feasible, the Rehabilitation Officer should urge the owner and the contractor to make their own arrangements on /Al/. 23 the timing, so that each may do his/her work without causing any interference in the work to be done by the other. In all instances, the owner will be better protected if work to be performed through self-help is completed before the contractor starts his/her work. Such completion will help avoid claims by the contractor for extras or damages he/she may claim are caused by the self-help efforts and will assure that when all work is finished, the property will comply with the City loan requirements. 6. OTHER PROVISIONS. a. The Contractor Shall: Indemnify and hold harmless the owner, the owners employees and the City's employees and officials from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the contractor's operations under this contract, whether such operations be by himself/herself or by any subcontractor or by anyone directly or indirectly employed by either of them. The contractor shall obtain insurance for this purpose, which shall insure the inter- ests of the owner and the City as the same shall appear, and shall file with the owner and the City certificates of such insurance. b. Correction of Faulty Work after Final Payment. The approval of the Request for Payment by the Rehabilitation Officer and the making of the payment by the owner to the contractor shall not relieve the contractor of responsibility for faulty materials or workmanship. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work performed by the contractor will be covered y a one-year guarantee. The Rehabilita- tion Officer shall inform the owner of the guarantee requirements upon completion of the contract. The contractor must be given written notice with reasonable prompt- ness. Should the contractor fail to answer or correct the defect(s) within a reasonable time, the City, at owner request, will assist owner in the following manner: (1) Staff members of the Department of Planning and Program Develop- ment will investigate the complaint. (2) If the staff finds the complaint to be invalid, owner will be so notified. (3) If the staff finds the complaint to be valid, the owner will direct the contractor to take necessary corrective action within a specified length of time. (4) If the contractor complies, the staff will reinspect the work and, if it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. (5) If the contractor fails to respond to the request within the specified length of time, the staff, upon owner request, will prepare a letter for owner's signature notifying the contractor a 24 second time that unless the complaint is abated by a specified time, a formal complaint will be filed with the City Attorney for appropriate action. (6) If the contractor fails to respond to the request for correction within the time specified: (a) The owner will take any necessary action to have the defects corrected, including but not limited to paying the reason- able costs of correcting work or materials determined by the homeowner to be defective. (b) The contractor may be prohibited by the City from contract- ing any other repair work under any loan program admini- stered by the City. 8. REHABILITATION OFFICER - OWNER - CONTRACTOR RELATIONS. Rehabilitation Officer's Responsibility and Authority: The Rehabilitation Officer shall observe the work on behalf of the City and will provide general assistance during construction insofar as proper interpretation of the loan requirements is affected. The Rehabilitation Officer and owner shall decide, when necessary, any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, interpretation of work items on the Deficiency List and all questions as to the acceptable fulfill- ment of the Contract on the part of the Contractor. The Rehabilitation Officer will not be on the construction site at all times and as such cannot be responsible for the acts or omissions of the contractor or his/her employees. For the same reason, acceptance by the owner or the City of the contractor's work performed, does not release the contractor from the responsibility to provide quality performance on all contract specifications. 25 CHAPTER 14. TRUTH IN LENDING REQUIREMENTS FOR REHABILITAT ON LOANS 1. PURPOSE. This chapter describes the Truth in Lending Act and its proc ural and disclosure requirements which must be followed in the settlement of City of Iowa City rental rehabilitation loan. 2. BACKGROUND. 3. a. The Act. The Truth in Lending Act is Title I of the Consumer r t rotection Act (Public Law 90-321); title 15, U.S. Code 1601 et. seq.), enacted by Congress on May 29, 1968. The act requires that borrowers in "consumer credit transactions" be vested with certain rights and protections in connection with the transaction and receive specified written information from their lenders. The disclosures must be made before credit is extended and before the borrower becomes obligated in connection with the transaction; i.e., before execution of a note or mortgage. Among the required disclosures are: (1) The amount of credit a borrower will have for his actual use (the AMOUNT FINANCED); and (2) The FINANCE CHARGE (consisting primarily of interest) expressed both as a dollar amount and as an ANNUAL PERCENT- AGE RATE. b. Three -da Rescission Provision. In addition, the act enables a orrower, wi n ays following the loan transaction, to rescind the transaction, if the loan is secured by a lien on the bor- rower's residence. Form CDR -7640, Truth in Lending Disclosure Statement shall be given to all borrowers of rehabilitation loans. a. Applicability. A complete Disclosure Statement shall be given to all boomers of rehabilitation loans. b. Time of Furnishin Disclosure Statement to Borrower. The Disclo- sure Statement s a e given the DorroWer at loan settlement but prior to the time he/she executes the promissory note obligating his/her repayment of the loan. c. Receipted Copy of Disclosure Statement Retained by Rehabilitation Officer. When the Disclosure Statement is given to the borrower, he/she shall be requested to sign and date an identically completed Disclosure Statement in the presence of an employee or other authorized representative of the City who shall also sign as witness. The signed and witnessed copy of the Disclosure State- ment shall be retained by the City in the loan application file. 1W 26 4. BORROWER'S RIGHT OF RESCISSION: SECURED LOANS. Under the law, certain borrowers have the right, within a T --day period, to rescind the entire loan transaction. The right of rescission applies to rehabilitation loans, secured by mortgage or deed of trust, on residential property owned and occupied by.a borrower who is a natural person. 5. NOTICE OF OPPORTUNITY TO RESCIND TRANSACTION. Borrowers entitled, by e preceding paragraph o res-ET-nd theres-ET-n loan transaction shall receive a properly completed Notice of Opportunity to Rescind Transac- tion. a. Furnishing Notice to Borrower at Loan Settlement. The Rehabilita- tion officer shall give the borrower twowcco ies of the notice at loan settlement, and prior to execution off emote. The notice's nature and purpose shall be explained. An additional third copy of the notice shall be signed by the borrower so as t—o—evdence his/her receipt of two copies of the notice. The receipted copy shall be retained by the City in its loan application file. b. Three -Da Rescission Period. To compute the running of the 3 -day rest ssion periodfor entry on the notice, treat the date of loan settlement on which the borrower receives the notice as Day Zero and the next business day thereafter as Day 1, etc. Three business days must elapse following loan settlement date to camp e e the rescission period. A business day is any calendar day except Sunday and the following holidays on the dates established by Federal law: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. C. No Disbursements. The Rehabilitation Officer shall make no is ursdT ement frau the rehabilitation escrow account, with respect to the borrower, during the 3 -day rescission period. d. Prompt Recordation. In every case, the Rehabilitation Officer shall record promptly after loan settlement the promissory note and all instruments necessary to perfect the loan security without waiting for expiration of the 3 -day rescission period. 6. CANCELLATION OF LOAN TRANSACTION BY BORROWER. The loan transaction shall be considered cancelled if the borrower's notice to that effect is given within the required 3 day period. Notification by mail shall be considered given at the time mailed as indicated by the postmark; notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing shall be considered given at the time delivered to the Civic Center. ACCOMPLISHMENT OF RESCISSION. It is expected in most cases that the borrower's rescission will a accomplished by his mailing or delivery of the notice, bearing his signature and date under the cancellation recital. However, rescission may be accomplished by any written communication signed by the borrowers or a telegram sent by the borrower. Oral communications cannot accomplish rescission, but they should be followed up by the Rehabilitation Officer to obtain written rescission. /N/ 27 CHAPTER 15. GRIEVANCE PROCEDURE 1. REVIEW COMMITTEE a. Purroop 'A Review Committee is hereby established to review the canpT int of any person aggrieved by the Department of Planning and Program Development handling of the application and processing of said person for assistance under rehabilitation programs funded by the Rental Rehabilitation Grant Program. Procedures as set out hereinafter are hereby established for the submission to and disposition of grievances by the Committee. The Committee shall function in an advisory role and it shall make recommendations to the City Manager. The City Manager shall receive and review the recommendation of said Committee and respond within ten days of receipt. b. Designation of Committee. The Housing Commission shall act as the Review Committee. The Chair of the Housing Commission shall preside at all meetings conducted by the Housing Commission while convened as the Review Committee. In the absence of the Chair, the Vice Chair shall preside. The meetings shall be conducted in a timely, orderly, fair and dignified manner. All persons appeared before the Committee shall have an opportunity to be heard. A quorum of the Housing Conmission must be present in order for the Housing Commission to be convened as the Review Committee. c. Power and Duties. The Committee shall have the following powers and duties: To review complaints of any persons aggrieved by determinations of the Planning & Program Development Department concerning: -The sufficiency of the application for assistance; -The eligibility of the application for assistance under the project; -The amount of the loan allocated or received by said person; -The quality and appropriateness of the work designated to be done; -The adequacy of the information and assistance concerning the project which is furnished by the Planning & Program Development Department. d. Standards. In exercising its powers and duties, the Committee sTiaTT->te guided by the following standards: 1. Persons eligible for loans under provisions specified in rehabilitation programs operated by the Department of Planning and Program Development and funded by the Rental Rehabilita- tion Grant Program shall have full right to a loan sufficient to accomplish the purposes intended by the applicable program within the limitations specified therein. /M/ 28 2. Eligible persons should be provided adequate assistance in the determination of improvements that are needed and eligible and technical assistance related to cost estimates, contract negotiation and payment of contractors for work completed. 3. Service should be provided by the Department of Planning and Program Development in such a way to assure that the admini- stration of the program will not result in different or separate treatment on account of age, race, color, religion, national origin, sex, or source of income. 4. Eligible persons should be provided full' information and advisory services relating to the programs and the way in which they may benefit from them. 5. Assistance to eligible persons should be provided as promptly as possible within the priority guidelines established by the programs and the time limitations of the staff assigned to the program. e. Staff. The Recording Secretary of the Housing Commission shall provide secretarial services for the Housing Commission while constituted as the Review Committee and shall assist in the preparation of the agenda items for meetings. 2. PROCEDURE. a. Filing. The Committee's jurisdiction may be invoked by or on behalf of any aggrieved person by filing a grievance with the Review Committee. A grievance may be filed at the Office of the City Clerk for the City of Iowa City. Grievances shall be filed in a *imely - _ , . 'if W1 ILLen Tom ano should contain a short, concise statement of the grieva a andexp explanation of action desired. The aggrieved person may seek the assistance of the staff of the Department of Planning 8 Program Development in filing of an action. No filing or processing fees shall be required of any aggrieved person involving the Comnittee's Jurisdiction. The shall fix a reasonable actions and the Department of Planning Program e am Develpmentshall give notice in writing of the time and place of the meeting to the aggrieved person. In no event shall the hearing be held more than 30 calendar days following receipt of the grievance at the Office of the City Clerk. Recording Secretary of the Housing Commission shall be responsible for coordinating and scheduling the hearing with the Chairperson of the Housing Commission. At the hearing, the aggrieved may appear in person, by agent or by attorney. If a grievance is resolved prior to the date of the hearing, the aggrieved party shall request in writing that the grievance be withdrawn. The Committee shall forward its recommendation in writing to the City Manager within ten (10) calendar days follow- ing the Grievance Hearing. /9W AFFIRMATIVE MARKETING PLAN FOR RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY, IOIJA 1. Purpose This Affirmative Marketing Plan is designed to conform to the require- ments of the U.S. Department of Housing and Urban Development (HUD) published at 24 CFR 511.10(m)(2). The plan sets forth the City of Iowa City's procedures and requirements, as administered by the Department of Planning and Program Development, for affirmatively marketing vacant housing units rehabilitated or proposed to be rehabilitated through the Rental Rehabilitation Program. 2. General Policy It is the City's policy to attract eligible persons from all racial, ethnic and gender groups in the Iowa City housing market area to housing that is assisted through programs administered by the City. To this end, the City will work with participating rental property owners to ensure that units rehabilitated under this program are made available to all persons on an equal basis. 3. Outreach to the Public, Owners and Potential Tenants - City Procedures a. Media. The City will utilize local media to advertise (1) the availability of rehabilitation grant assistance for rental properties and (2) the availability of vacant housing units in rehabilitated properties. Press releases will contain the Equal Housing Opportu- nity slogan and a statement of affirmative marketing policy. Display ads, posters and other published materials will contain the Equal Housing Opportunity logo and slogan. The following media will be used for display advertising: Iowa City Press -Citizen and Daily Iowan - newspapers Local government access channel - cable TV Press releases from the City are received by all area print and electronic media. b. Other Means. The City will utilize other appropriate methods to inform the public. This may include personal and written contact with: Business organizations - Iowa City Board of Realtors, Iowa City Apartment Owners and Managers Association and local lending institutions. Other organizations - Housing Clearinghouse, Iowa Memorial Union and City of Iowa City Assisted Housing Division. The Assisted Housing Division will be of particular value in that it serves as the local PHA, receives referrals through a network of local human service agencies and maintains a current waiting list of Section 8 eligible tenants. /R/ ~ 2 Meetings of the Iowa City Housing Commission and Committee on Community Needs, which are open to the public, will serve as another forum for announcing the availability of rental rehabilitation grant assistance and discussing the City's affirmative marketing policy for the program. Other public meetings will be scheduled to explain the Rental Rehabilitation Program to owners and tenants and discuss the affirmative marketing policy and requirements of local and federal fair housing laws. The staff of the Iowa City Human Rights Commis- sion may be called upon to assist in explaining fair housing laws and to review potential housing discrimination practices. 4. Requirements and Procedures for Owners Property owners who participate in the Rental Rehabilitation Program will be required to comply with the following affirmative marketing practices and procedures with regard to vacant housing units: a. Include the Equal Housing Opportunity logo and slogan or statement in all advertisements for vacant units in local media and printed materials. b. If a rental office is utilized or operated by the owner, whether on or off premises,, display fair housing posters in a conspicuous place. c. Use the Assisted Housing Division's waiting list of Section 8 eligible tenants as a source of referrals. d. Provide written assurance to the City that vacant units will be made available to prospective tenants on a non-discriminatory basis. e. Maintain records of all efforts to affirmatively market vacant units. f. Enter into an agreement with the City certifying compliance with items 4a -e above for a period of seven years from the date of completion of the rehabilitation. 5. Special Outreach Efforts If, during the course of administering the Rental Rehabilitation Program, it is determined that special outreach efforts are needed to attract persons of particular racial, ethnic or gender groups to vacant units in rehabilitated projects, the City will assist owners to locate prospective tenants by making referrals from the Assisted Housing Division waiting list. The City will use targeted advertising as needed to expand the waiting list. 6. Recordkeeping Requirements All records pertaining to affirmative marketing efforts of the City and the racial, ethnic and gender characteristics of tenants before and after rehabilitation, as well as those who are displaced, will be maintained by 3 the City in accordance with HUD Regulations at 24 CFR 511.71. The City will ensure that owners also maintain records to document their affirma- tive marketing efforts. (See Section 4 above.) 7. Assessment of Affirmative Marketing Efforts The City will conduct an annual assessment of the effectiveness of its affirmative marketing efforts for inclusion in the Rental Rehabilitation Program annual performance report to HUD. At a minimum, the assessment will include: a. A summary of good faith efforts by the City and participating rental property owners to affirmatively market rehabilitative units. b. The results of the affirmative marketing efforts in terms of the race, ethnicity and gender of the heads of households occupying rehabilitated units. If it is determined that a participating rental property owner is not making good faith efforts to affirmatively market vacant units, the City will take the following corrective actions: a. The City will issue a written notice to the owner stating his/her noncompliance with the terms of the rental rehabilitation grant agreement and corrective actions (e.g., advertising) which must be taken by the owner within a specified period of time, not to exceed 60 days. b. Continued noncompliance within the specified time period and, there- after, during the term of the rental rehabilitation grant agreement, will result in the City taking legal action to recover 100% of the rental rehabilitation grant assistance for the owner's project. All cases of apparent discriminatory practices by owners will be referred to the Iowa City Human Rights Commission for review and remedial action under the housing provisions of the Iowa City Human Rights Ordinance. 8. Public Notice and Review Copies of this Affirmative Marketing Plan will be made public and available for citizen review, upon request, in the offices of the City Clerk and the Department of Planning and Program Development. #01 TENANT ASSISTANCE POLICY FOR RENTAL REHABILI'IAFION PROGRAM CITY OF IOWA CITY, IOWA 1. Purpose This policy is established to conform to the requirements of the U.S. Department of Housing and Urban Development (HUD) for the Rental Reha- bilitation Grant Program at 24 CFR 511.10(h)(2). It sets forth the relocation assistance and other assistance which the City of Iowa City will provide for displaced tenants who reside or will reside in proper- ties to be rehabilitated under the Rental Rehabilitation Program. 2. Applicability This policy applies only to the displacement of those residential tenants who lawfully reside or plan to reside in a property to be rehabilitated under the City's Rental Rehabilitation Program. For the purposes of this policy, a tenant will not be considered displaced if the tenant is offereaffordabledrent, asafe and def defined by HUD,Yandelling unit in the consistent with his/her rty atneeds. needs.an ds. General Policy on Displacement It is the City's policy to minimize, to the greatest extent possible, the displacement of persons from their homes and neighborhoods through the implementation of its housing and community development projects. Consistent with this policy, the City will review each rental rehabilita- tion proposal for its impact on displacement. In particular, the City will review each proposal to determine if it will result in a dispropor- tionate number of persons of a particular race, color, religion, sex, age, handicap or national origin being displaced. A priority will be given to proposals which do not involve tenant displacement. In any case, no proposal will be accepted if the proposed rehabilitation will cause the displacement of very low-income families, as defined by HUD, by families who are not very low-income. 4. Current Tenants This section applies to tenants who reside in a property to be rehab- ilitated at the time that the application for rental rehabilitation assistance is approved. The period of eligibility for relocation advisory and financial assistance will be from the date of application approval through the date of completion of the rehabilitation. Thereaf- ter, the City assumes no responsibility for providing tenant assistance. a. The City will issue a written notice to each tenant who resides in the property, within ten (10) days of the approval of an application for rental rehabilitation assistance. Such notice will explain the proposed rehabilitation project, state the tenant's right to continue in occupancy, subject to the terms of any existing lease, and describe the availability of information and counseling about housing assistance provided by the City. Section B housing certificates will be offered to those eli ible tenants who will continue to reside in the property during and after the rehabilitation. No additional cash assistance will be offered to such tenants, nor will financial assistance be offered to other tenants who remain in the property. /9y/ -- 2 b. If permanent displacement is unavoidable in order to accomplish a particular rental rehabilitation project, the City will issue a written notice to the tenant(s) to be displaced within ten (10) days of the approval of an application for rental rehabilitation assis- tance. Such notice will explain the proposed rehabilitation project, state that the tenant must be displaced, and describe the availabil- ity of relocation advisory and financial assistance provided by the City. Unless there is an urgent need for the property to be vacated (e.g., because of substantial danger to health or safety) or the tenant is evicted for cause, the tenant will be given at least 90 days advance notice of the earliest date by which the property must be vacated. Relocation advisory assistance will include, but is not limited to, the following: (1) Information and referral about the availability of comparable replacement housing in the area that is decent, safe and sanitary and that is affordable to the tenant. (2) Information and referral to the staff of the Iowa City Human Rights Commission concerning tenants rights under the federal Fair Housing Law and Iowa City Human Rights Ordinance. (3) Information on how to search for suitable replacement housing. Relocation financial assistance will include the following: (1) Moving expense _p�ment. The tenant will be reimbursed for ac ua , reasons a moving and related expenses according to the following schedule: Number of rooms (excluding a ways an c osets Maximum payment 1 $175 2 $240 3 $295 4 $340 5 $375 6 or more $400 and either (2a) Section 8 Certificates of Family Participation. Eligible tenants wi e o fere a Sec on certificate consistent with the requirements of that program. r.T. (2b) Cash rental assistance. Tenants who are not offered or eligible to receive a Section 8 certificate and who cannot afford suitable replacement housing will be eligible to receive a lump sum payment not to exceed $4,000 that is determined in the same manner as a Replacement Housing Payment for Rental Assistance (see 24 CFR 42.453, HUD Uniform Act Regulations). /fv Relocation financial assistance will only verification that the displaced tenant has replacement housing. The City will make needs of the tenant, however, the tenant financial assistance and provide the City to establish the amount of assistance. 5. Subsequent Tenants be disbursed by the City upon secured decent, safe and sanitary every effort to accommodate the must personally apply for all with all reasonable documentation This section applies to tenants who will reside in a property to be rehabilitated after the application for rental rehabilitation assistance has been approved. The period of eligibility for assistance will be from the date of application approval through the date of completion of the rehabilitation. Thereafter, the City assumes no responsibility for providing tenant assistance. Within ten (10) days of receiving notification from the rental property owner that a new tenant has moved into the property, the City will issue a written notice to each new tenant. Such notice will explain the reha- bilitation project, state the tenant's right to continue in occupancy, subject to the terms of any lease, and describe the availability of information and counseling about housing assistance provided by the City. Housing assistance to be provided by the City will consist of Section 8 housing certificates which will be offered to those tenants who are eligible to receive them. 6. Nondiscrimination This Tenant Assistance Policy will be administered in full compliance with Executive Order 11063, Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 to ensure nondiscrimination in the provision of information, counseling, referrals or other relocation services to persons displaced and assisted through the Rental Rehabilita- tion Program. 7. Public Notice and Review Copies of this Tenant Assistance Policy will be made public and available for citizen review, upon request, in the offices of the City Clerk and the Department of Planning and Program Development. 8. Appeals Any displaced tenant who believes that the City has failed to provide reasonable relocation assistance under the terms of this policy may file a written appeal to the City Manager at any time within 90 days of the date of their move from the property being rehabilitated. Within 30 days of the filing of an appeal, the City Manager will provide the appellant with a written explanation of how the City determined their relocation assistance and will provide the appellant with an opportunity to have a hearing before the City Manager. 19W T N RESOLUTION NO. 84-279 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND ADDENDUM TO THE AGREEMENT, AS AMENDED, WITH THE ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOPMENTALLY DISABLED ADULTS WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to utilize such funds to assist the Associa- tion for Retarded Citizens of Johnson County in renovating and expanding the Nelson Adult Center serving developmentally disabled adults; and WHEREAS, the City Council did, by Resolution No. 83-368, dated November 22, 1983, authorize and enter into an agreement, as amended by Resolution No. 84-32, dated February 14, 1984, with the Association for Retarded Citizens of Johnson County to renovate and expand the Nelson Adult Center for Developmentally Disabled Adults; and WHEREAS, the City of Iowa City wishes to allocate additional 1984 Community Development Block Grant funds for Phase II of this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest a second addendum to the agreement, as amended, with the Association for Retarded Citizens of Johnson County dated November 22, 1983, for Phase II of the renovation and expansion of the Nelson Adult Center for Developmentally Disabled Adults. Said addendum is attached to this resolution and is incorpo- rated by this reference herein. It was moved by Strait and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this gth ATTEST: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Of October , 1984. Recolved & Approved Dy 1110 legal Doporlmont 0 3 l- am / 9'f-Z- SECOND ADDENDUM TO AGREEMENT, AS AMENDED, BETWEEN THE CITY OF IOWA CITY AND THE ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR RENOVATION AND EXPANSION OF THE NELSON ADULT CENTER FOR DEVELOPMENTALLY DISABLED ADULTS THIS AGREEMENT, entered into this 9th day of October 1984, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and the Association for Retarded Citizens of Johnson County (herein referred to as "ARCJC"), is a second addendum to the original agreement i executed on November 22, 1983, as amended pursuant to Resolution No. 84-32, dated February 14, 1984. This addendum amends Phase II elements of the renovation and expansion of the Nelson Adult Center as follows: PART I II. TIME OF PERFORMANCE This section is amended as follows: Program Element Deadline PHASE I (furnace, elevator, stairs) Contract for construction 2/1/84 Completion of construction 9/30/84 PHASE II (kitchen, bathrooms, painting, other remodeling) Contract for construction 4/2/84 Completion of construction 2/28/85 Facility in operation Continually This schedule is subject to change by mutual agreement of both parties, in writing. III. COMPENSATION AND METHOD OF PAYMENT This section is amended as follows: PHASE II The City will pay and ARCJC agrees to accept in full the amount of Seventy Eight Thousand Five Hundred Eighty Dollars ($78,580) for performance under Phase II of this agreement as follows: 1. Partial payment will be made upon presentation of a properly executed contract for architectural services. 2. Balance of compensation due will be made upon presentation of a properly executed contract for completion of Phase II construction and remodeling of the facilities. 3. The total of the above payments will not exceed 478,580. FA IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 9th day of October , 1984. CITY OF IOWA CITY By: ayor At est: )71 qoeg�� 7C. ezwny City Jerk Recelved Z Approved 9y ho Legal Departrr,ont 0 1 ASSOCIATION FOR RETARDED CITIZENS OF JOHNSON COUNTY By Attest: /9fz RESOLUTION NO. 84-280 RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH STANLEY CONSULTANTS, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated a supplement to an agreement with Stanley Consultants, Inc. a copy of said Supp emen being attached to this Resolution and by tis reference made a part hereof, and, WHEREAS, the City Council deemsit in the public interest to enter into said amendment to establish fees for engineering services for the Sanitary Landfill Leachate Control Project. This amendment establishes a ,not to exceed" fee of $35,000 for the design phase NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the supplement agement with Stanley Co sultants. Inc. 2. That the City Clerk shall furnish copies of said supplement agreement - any citizen requesting same. It was moved by Ambrisco and seconded by Erdahl that the resolution as reg be adopte , 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 9th day of October 19 84 ATTEST: -tel- - 41 Received & Apptoved CITY CLERK BY rh� al Dap ant /9 -113 SUPPLEMENTAL AGREEMENT This Supplemental Agreement, made and entered into this 9th day of nnrnher , 1984, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Stanley Consultants, Inc., Muscatine, Iowa, hereinafter referred to as the Consultant. Whereas the City and the Consultant entered into an agreement dated April 24, 1984, hereinafter referred to as the Original Agreement whereby the Consultant agreed to provide professional services to the City in con- nection with development of a remedial action program to control or elimi- nate leachate seepage to the receiving stream at the Iowa City Landfill, hereinafter referred to as the Project. Whereas the Consultant has completed the Investigation and Recommendation Phase of the Project; and Whereas the City desires that the Consultant proceed with the Design Phase of the Project for Alternative No. 1 involving construction of a cut-off trench; and Whereas changes to the Original Agreement should be made and both parties are agreeable to such changes. Now, therefore, in consideration of the premises and covenants hereinafter contained, the parties hereby agree as follows: Section IV Compensation For Services, Design Phase is hereby amended to read as follows: Design Phase - The Consultant shall be paid 2.0 x Direct Personnel Expense, plus Reimbursable Expenses. The total fee for the Design Phase shall not exceed $35,000.00 including Reimbursable Expenses. The total fee for the Design Phase includes an allowance of $8,300.00 for providing soil borings, laboratory analysis, and geotechnical report as outlined in Exhibit D. Additional costs for soil borings, should they be incurred, will be paid for as a Special Service. 8593 d38 /9T-2 imo Except as herein expressly amended, the terms and conditions of the Original Agreement shall remain unchanged and shall continue in full force and effect unless there is a conflict between the terms and conditions of the his upplemental Agreement, in the ttermsnal andAconditionsreement noftthisSwhich Supplemental Agreement shall control. CITY OF IOWA CITY, IOWA STANLEY CONSULTANTS, INC. For the City: For the Consultant: Attest: Attest: inn „ . • _ � � �o w ) QZIG�Rc�✓ O 8593 Received & Approved d38 2 8Y The egal pope nt /9y3 Exhibit D The following is an estimated effort relating to providing soil borings and associated analysis, and preparation of a geotechnical report. Item 1. Field work to be completed in three days. Crew to include one enginer and two support personnel with truck -mounted rig and one support vehicle. Item 2. Assume approximately 2,000 ft. of cutoff trench. Drill 24 soil borings (approximately at 100 -ft. intervals). Estimated average hole depth is 25 ft. Item 3. Obtain visual classification of material from each boring. Item 4. Obtain split -barrel sampling through hollow stem augers. An average of two samples per boring is assumed. Item 5. Obtain shelby tube sampling. An average of one sample from every other boring is assumed. Item 6. Conduct coefficient of permeability tests. Assume one test from twelve borings. Item 7. Prepare soils report presenting results of field investiga- tions, laboratory analysis, and recommendations. Summary Field Work 24 hours Soil Borings (24 each) Auger drilling 600 IF Split -barrel sampling 48 Ea. Shelby tube sampling 12 Ea. Visual classification 120 Ea. Coefficient of permeability tests 12 Ea. Seal boring holes Prepare Soils Report 8593 d38 3 /Y//-1 7' of Iowa City f-- MEMORANDUM Date: October 21 1984 To: Neal Berlin and City Council From: Chuck Schmadeke Re: Sanitary Landfill Leachate Control Project Stanley Consultants have concluded their study of the sanitary landfill leachate problem. A copy of their report was included in the Council packet of September 7, 1984. Also the Iowa Department of Water, Air and Waste Management has completed its review of the study and has not offered any additional comments. Stanley Consultants have determined that the source of the leachate is from ground water entering the landfill site. They recommend the construction of a cutoff trench and perimeter drain tile to intercept the ground water flowing into the landfill and discharge it by gravity flow to the receiving stream. The design of the cutoff trench will require excavation to the impervious glacial till and installation of a 6" perforated drain tile with granular media backfill. The estimated length of the cutoff trench is 2000 feet at an average depth of 22 feet and the estimated construction cost of this work is $248,700 unless special excavation equipment owned by a single contractor is used, thereby reducing the estimated construction cost to $111,700. The total cost of this option after including the additional requirement of hauling leachate already in the landfill to the waste water treatment plant until leachate flows cease after six years is estimated at $329,300 using conventional excavation methods and $227,300 using special equipment for excavation. Public Works recommends proceeding with final design of the cutoff trench and perimeter drain tile system. A supplemental agreement has been negotiated with Stanley Consultants establishing a not to exceed design fee of $35,000.00. bj2/7 /�y�3 RESOLUTION NO. 84-281 RESOLUTION AUTHORIZING EXECUTION OF OVERWIDTH PAVING AGREEMENT WITH PLUM GROVE ACRES, INC. WHEREAS, the City of Iowa City, Iowa, has negotiated an a r��eemen�t�� with Plum Grove Acres, Inc. a copy of said as reeme E being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said Agreement for overwidth paving of First Avenue. Phase i of Firs and Rochester, Part 1 in Iowa City, Iowa NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1.. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Plum Grove Acres, Inc. 2. That the City Clerk shall.furnish copies of said any citizen requesting same. 0 It was moved by Amhrisco and seconded by Zuher that the resolution as read be adopt- , and 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 9t1, day of Octoher 19 84 . R ATTEST:RA;elubd CITY CL RK A �y f teya� dpaevad - 0 V8 /9� AGREEMM WHEREAS, Plum Grove Acres. Inc. is the developer of the First and Rochester - Part One subdivision, an Addition t0 the City of Iwo Cfty, Iwo, according to the retarded Plat thereof, and WHEREAS, the City Council and the Planning 6 Zoning Commission of Iwo City, Iwo, have required, as a condition of the approval of said subdivision, that the Developer shall improve The Third Phase of First Avenue by paving said street 31 feet vide, back-to-back of the curb, respectively, and WHEREAS, the City of Iwo City hos agreed to reimburse the Developer for the cast of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than'Twenty-Five Thousand Dollars (525,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iwo, and the City of Iwo City has - determined that the cost of !15.60 per Square yard not to exceed two -thousand one -hundred dollen ($2,100.00 ) is a fair and reasonable price for the dost of the additional pavement required. IT IS -THEREFORE AGREED, by and between the parties as follows: • 1. TAat the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iwo. 2. That upon completion of the paving Improvement and the acceptance of the work and the' street by the Citybf Iwo City, that the City of Iwo City shall pay to the Developer, the sum of !15.60 Per square yard, not to exceed twe-thouaand one -hundred (12.100.00) as full payment for its share of the Improvement in excess of the width of 28 feet. 3. It Is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iwo City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications Of the City of Two City, and -all of the laws of the State of Iwo. Dated at Iowa City, Iwo, this _ ()Ib._ dry of ._, October. A.O., CITY OF IOWA CITY, IOWA PLUM GROVE ACRES, INC. BY: By: / " c oyer '/ '/ > resident Attest: //I/L1ii}nr%,C. 9f%J�ft/ By: r Zits —erT ecretary Received a App,mVed BY T e Legal �� 9� •.I; .;Lr�v •so.00 z es[.aa rAo.00 .. ,.1 e00.co o 75o.nn 450-0 -i 750.00 i. •', k1S•:7e• : 350.07 O 9_7 150.59 ' si° e3°' AA■ X00 • F25-r 9tY-i-W51C--m PA-2T OI.I E :"•s: o aTT� • � 1/4M0:171' T l75.1' NB9.3 '03'E 550.00' 1 ... + 11 .75' `, 44..51 • 372 74' 1 \\ 41 42 �J Ja N• J. r` 11%' —IO' UTILITY ol 0 0 Y 'EASEMENT �" •-:+ o\ 6\\J -H,71Y {,`j n Al tlG Sa O�f. i :1-4A 1�1 Ni 11 jA E =ID npn. 7 40 0 O Nd0••.101 C '�1`1 43 v W STORM* 75T 77 NI UTILITY ' 1I ' F- m i0 ia,••p•10 0 rASEMENT jl. np nr1KL••: Z • p no.rn .1rr! �wiiJ �tb n,.• ._� 47.7 4399,7 TI tnrydV•E 4J s•i •HgKORYb". tir.=1L •• ;•...* .. .1 �Z'FI I np. [n r.• v >ri1. TR4 7.1 POINT of I• •' _ -o.E�'° p re..n BEGINNING , MW SEW T79Nn"W of I w •-' 0 i .•L`r 111 • LIKE nnn 04-73113•[ 309.9[•'• • ��• 'r •\x1•:!•14.•575.71 POINT o7 KGINIINGi N� [TORrY. I.AT[R O 39 ; ,44 1 CAS[NSTORAp(A O • �'% `'• 1' _ • •.MA -• _•oRCWAGE of '� • •^+• t• 1. IrY' PM. STOVWATEA% �.a uru.lrr-1`184.33'26% -17,72' •� f .Q• �� EASEMENT 77 37 e ' 1N i, .00 I,•i iNe, 2fE y..' X213 44o- •M18 • •66.00• • ..AO 1�• . • • a„�ej OT'1u E• .T�'+\W\� i •,:.P�, ',/`S�• •i 510•f:'�d•j•• p o \ : Rane77 1 34 4 Ww o j roof '- ( �� r • • • 'o n �-,0 7[ARIrL000 fpUNCAW I S[[ NOTE A90V[ I "se'9•73'-73•vi7is.00 SEE SHEET I Of 2% �. \`� - •. /9�f ! /, _ _October 9 _ 1984 L The City Council of Iowa City, Iowa, met in regular --- session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City Iowa at _7 ' :30 o'clock p .M.. on the above date. There were present MayorJohn McDonald_. in the chair. and the following named Council Members: --Anbtisco,_ Baker,_Dickson,—Erdahl,_Mcl gpal l,____ Straits Zuber__..__ Absent: None 3C /944s Council Member _ _,Strait__ _ ._ _ _ introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member DickaQn seconded the motion to adopt. The roll was called and the vote was, AYES: ZuberLAmUrisco. Baker, Dickson__-" Erdahl�k2onald, Strait NAYS None Whereupon the Mayor declared the following Resolution duly adopted as follows: 84-282 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA That after full consideration of the final schedule of assessments and accompanying plat showing the assessments pro- posed to be made for the construction of the St. Anne's Drive Special Paving Project -1983 within the City under contract with Metro Pavers. Inc. of Iowa City, Iowa, which final plat and schedule was filed in the office of the Clerk on the 1st day of October__ . 1989: said assessments are hereby corrected by making the following changes and reductions: NAME OF PROPOSED CORRECTED PROPERTY FINAL FINAL OWNER AND PROPOSED CONDITIONAL CORRECTED CONDITIONAL DESCRIPTION FINAL DEFICIENCY, FINAL DEFICIENCY OF PROPERTY ASSESSMENT IF ANY _ ASSESSMENT IF ANY _ See attached -2- /170- SCHEDULE OF ASSES34FM FOR PAVING Sr. ANNE'S DRIVE St. Anne's Drive from Prairie du Chien Road to existing paving on Foster Road NAME DESCRIPTION VALUATION ASSESSMENT A 1. Pat Howard Grantham Lot 10, Conway's Subdivision, Iowa City, Johnson County, 67, 410 4,746.57 Iowa excluding a parcel of land described as follows: starting at the SW corner of said Lot 10, as the point of be inning thence E1 along the present S Lot lige 70;; �ly 11I� to a poinyt on te N Lot line that is �6' E of the Nil corner of said Lot 10, thence Wly 66' to the NW corner of said Lot 10, thence Sly along the ally Lot line to the point of beginning (a 15' easement along N Lot line) 2. Richard A. F, Carla Starting at the SW corner of Lot 10, Conway's Subdivision, 58,720 R. Davis Iowa City Johnson County, Iowa as the point of beginning, then Ely along the present S Lot line 701, thence Nly 111' to a point on the N Lot line, that is 66' E of the NW corner of said Lot 10, thence Wly along said N lot line to the NW corner of said Lot 10; thence Sly along the Wly lot line to the point of beginning. (15' easement along N lot line) 3. Caroll R. Whetstone Part of Lot 27, Conway's Subdivision of part of Section 3, 60,000 T 79 N, Range 6, West of the 5th P.M. described as follows: beginning at the NE corner of said Lot 27; thence S 300481E, 1311, thence N{Vly 152.5' along the Sly line of said lot 27 to a point, said point being 80' NEly from the NWly corner of outlot C, Resubdivision of Lot 30, Conway's Subdivision; thence NEly 65.5' to a point, said point lying on the Nly line of Lot 27, 39' from the Nally corner of said Lot 27; thence NEly along said Nly line 80' to the point of beginning. 4. Caroll R. Whetstone A part of outlot C, Resubdivision of Lot 30, Conway's 20,000 Subdivision a part of Section 3, T 79 N, Range 6, West of the 5th P.M., described as follows: Commencing at the NEly corner of said outlot C; thence Wly 161' to the NWly corner of said outlot C, thence NEly 80' to a point, said point lying on the Nly line of said outlot C 152.5' Nally from the NE1y corner of said outlot C, thence SEly 152.5' to the point of beginning. 3,857.77 5,430.51 1,222.89 fi Carla SCHEDULE OF ASSESSMENT FOR PAVING ST. ANNE'S DRIVE du Chien Road to VALUATION Lot 10, Conway's Subdivision, Iowa City, Johnson County, 67, 410 Iowa excluding a parcel of land described as follows: starting at the SW corner of said Lot 10, as the point of Ninning thence Ely along the present S Lotline 70:; i ly 11I� to a point on the N Lot line that s 66' E of the NW corner of said Lot 10, thence Wly 66' to the NW corner of said Lot 10, thence Sly along the Illy Lot line to the point of beginning (a 15' easement along N Lot line) Starting at the SW corner of Lot 10, Conway's Subdivision, 58,720 Iowa City Johnson County, Iowa as the point of beginning, then Ely along the present S Lot line 701, thence Nly 111' to a point on the N Lot line, that is 66' E of the NW corner of said Lot 10, thence Wly along said N lot line to the NW corner of said Lot 10; thence Sly along the Wly lot line to the point of beginning. (15' easement along N lot line) Part of Lot 27, Conway's Subdivision of part of Section 3, 60,000 T 79 N, Range 6, West of the 5th P.M. described as follows: beginning at the NE corner of said Lot 27; thence S 30'481E, 1311, thence Nally 152.5' along the Sly line of said lot 27 to a point, said point being 80' NEly from the Nally corner of outlet C, Resubdivision of Lot 30, Conway's Subdivision; thence NEly 65.5' to a point, said point lying on the Nly line of Lot 27, 39' from the NWly corner of said Lot 27; thence NEly along said Nly line 80' to the point of beginning. A part of outlot C, Resubdivision of Lot 30, Conway's 20,000 Subdivision a part of Section 3, T 79 N, Range 6, West of the 5th P.M., described as follows; Commencing at the NEly corner of said outlet C; thence Wly 161' to the Nally corner of said outlet C, thence NEly 80' to a point, said point lying on the Nly line of said outlot C 152.5' Mlly from the Mily corner of said outlet C, thence SEly 152.5' to the point of beginning. 4,746.57 3,857.77 5,430.51 1,222.89 1,444.95 1,174.38 1,653.16 372.27 SCHEDULE OF ASSESSWNr FOR PAVING Sr. ANNE'S DRIVE Road to 5. Bruce Glasgow Cormnencing at the Northeast corner of Lot 1 of a Resubdivision of Lot 30 Conway's Subdivision, Iowa City, Iowa; Thence N29011122"W 5.50 feet to the Point of Beginning; Thence N60b48'38"E, 53.52 feet; Thence Southeasterly 122.21 feet on a 66.50 foot radius curve, concave Southwesterly, whose 105.73 foot chord bears S66032126"E; Thence 33.23 feet on a 320.00 foot radius curve concave Northeasterly, whose 33.22 foot chord bears S516052102"E; Thence S6004813801W, 110.57 feet; Thence N2901112211W, 116.50 feet on the Northeasterly line of Lot 1 Conway's Resubdivision to the Point of Beginning. Said tract containing 0.295 acres.. 6. Florence E. Glasgow Commencing at the Northeast corner of Lot 1 of a Resubdivision of Lot 30 Conway's Subdivision, Iowa City, Iowa; Thence S2901112211E, 111.00 feet on the Northeasterly line of said Lot 1 to the Point of Beginning; Thence N600 48'3811E, 110.57 feet; Thence Southeasterly 71.24 feet on a 320.00 foot radius curve concave Northeasterly, whose 71.09 foot chord bears S26613112"E; Thence Southeasterly 9.79 feet on a 90.00 foot radius curve, concave Northeasterly, whose 9.79 foot chord bears S35042149"E; Thence S3004514411W, 114.42 feet; Thence N73024113'9V, 109.95 feet on the Northerly line of Lots 4 and 5 of said Conway's Resubdivision; Thence N4800815011E, 69.40 feet on the Southeasterly line of said Lot 1; Thence N29011122"W, 43.99 feet on the Northeasterly line of said Lot 1, to the Point of Beginning. Said tract containing 0.345 acres. 25,000 20,000 6,041.95 5,446.27 1,91 Drive from Prairie du Chien � Glasgow SCHEDULE OF ASSES9%ENT FOR PAVING Sr. ANNE'S DRIVE Cormnencing at the Northeast corner of Lot 1 of a Resubdivision of Lot 30 Conway's Subdivision, Iowa City, Iowa; Thence N2901112211W 5.50 feet to the Point of Beginning; Thence N60b48'38"E, 53.52 feet; Thence Southeasterly 122.21 feet on a 66,50 foot radius curve, concave Southwesterly, whose 105.73 foot chord bears S66032126"E; Thence 33.23 feet on a 320.00 foot radius curve concave Northeasterly, whose 33.22 foot chord bears S516052102"E; Thence S6004813811W, 110.57 feet; Thence N2901112211W, 116.50 feet on the Northeasterly line of Loot 1 Conway's Resubdivision to the Point of Beginning. Said tract containing 0.295 acres. - Commencing at the Northeast corner of Lot 1 of a Resubdivision of Lot 30 Conway's Subdivision, Iowa City, Iowa; Thence S29011122"E, 111.00 feet on the Northeasterly line pf said Lot 1 to the Point of Beginning; Thence N600 4813811E, 110.57 feet; Thence Southeasterly 71.24 feet on a 320.00 foot radius curve concave Northeasterly, whose 71.09 foot chord bears S26813'12"E; Thence Southeasterly 9.79 feet on a 90.00 foot radius curve, concave Northeasterly, whose 9.79 foot chord bears S35o42'49"E; Thence S30o45'44"W, 114.42 feet; Thence N73o24'13"W, 109.95 feet on the Northerly line of Lots 4 and 5 of said Conway's Resubdivision; Thence N4810815011E, 69.40 feet on the Southeasterly line of said Lot 1; Thence N2901112211W, 43.99 feet on the Northeasterly line of said Lot 1, to the Point of Beginning. Said tract containing 0.345 acres. 2 25,000 6,041.95 1,960.73 i 20,000 5,446,27 2,291.36 SCHEDULE OF ASSESSNENr FOR PAVING Sr. ANNE'S DRIVE St. Anne's Drive from Prairie du Chien Road to existing paving on Foster Road PROPERIV ESTIMATED FIN NAME DESCRIPTION VALUATION ASSESSMENT ASS 7. Bruce Glasgow Commencing at the Northeast corner of Lot 1 of a 32,000 8,541.31 1,5 Resubdivision of Lot 30 Conway's Subdivision, Iowa City Iowa; Thence S2901112211E, 154.99 feet on the Northeasterly line of said Lot 1; Thence S48008'5011W, 69.40 feet on the Southeasterly line of said Lot 1; Thence S73024113"E, 109.95 feet on the Northerly line of Lots 4 and 5 of said Conway's Resubdivision to the Point of Beginning; Thence N30045'44"E, 114.42 feet; Thence Southeasterly 83.10 feet on a 90.00 foot radius curve, concave Northeasterly, whose 80.18 foot chord bears S65o1710111E; Thence S160081161I1, 99.62 feet; Thence N73o24113"W, 108.18 feet on the Northerly line of Lot 6 of said Conway's Resubdivision, to the Point of Beginning. Said tract containing 0.240 acres. 8. Florence E. Glasgow Cononencing at the Northeast corner of Lot 1 of a 20,000 Resubdivision of Lot 30 Conway's Subdivision, Iowa City, Iowa; Thence S2901112211E, 154.99 feet on the Northeasterly line of said Lot 1; Thence S42008150"IV, 69.40 feet on the Southeasterly line of said Lot 1; Thence S7302411311E, 218.13 feet on the Northerly line of Lots 4, 5 and 6 of said Conwa�Is Resubdivision to the Point of Beginning; Thence N16 08'16"E, 99.62 feet; Thence Northeasterly 14,46 feet on a 90.00 foot radius curve, concave Northwesterly, whose 14.45 foot chord bear N83039128"E; Thence N7900310811E, 76.44 feet; Thence S3010155"IV, 145.40 feet to the Northerly line of Lot 8 of said Conway's Resubdivision; Thence N49044143'9V, 2.09 feet on the Northerly line of said Lot 8; Thence N73024113"W, 112.11 feet on the Northerly line of Lot 7 of Conway's Resubdivision to the Point of Beginning. Said tract containing 0.276 acres. 4,945.14 1, SCHEDULE OF ASSESSFM FOR PAVING ST. ANNE'S DRIVE on Foster Road DESCRIPTION VALUATION ASSESSENT Commencing at the Northeast corner of Lot 1 of a 32,000 Resubdivision of Lot 30 Conway's Subdivision, Iowa City Iowa; Thence S291111122"E, 154.99 feet on the Northeasterly line of said Lot 1; Thence S4800815011W, 69.40 feet on the Southeasterly line of said Lot 1; Thence S7302411311E, 109.95 feet on the Northerly line of Lots 4 and 5 of said Conway's Resubdivision to the Point of Beginning; Thence N30045144"E, 114.42 feet; Thence Southeasterly 83.10 feet on a 90.00 foot radius curve, concave Northeasterly, whose 80.18 foot chord bears S65o17101"E; Thence S1600811619V, 99.62 feet; Thence N730241131W, 108.18 feet on the Northerly line of Lot 6 of said Conway's Resubdivision, to the Point of Beginning. Said tract containing 0.240 acres. Commencing at the Northeast corner of Lot 1 of a 20,000 Resubdivision of Lot 30 Conway's Subdivision, Iowa City, Iowa; Thence S2901112211E, 154.99 feet on the Northeasterly line of said Lot 1; Thence S420081501W, 69.40 feet on the Southeasterly line of said Lot 1; Thence 873024113"E, 218.13 feet on the Northerly line of Lots 4, 5 and 6 of said Conwa�Is Resubdivision to the Point of Beginning; Thence N16 08'16"E, 99.62 feet; Thence Northeasterly 14.46 feet on a 90.00 foot radius curve, concave Northwesterly, whose 14.45 foot chord bear N83039128"E; Thence N7900310811E, 76.44 feet; Thence S301015511W, 145.40 feet to the Northerly line of Lot 8 of said Conway's Resubdivision; Thence N49044143"W, 2.09 feet on the Northerly line of said Lot 8; Thence N73024 113111V, 112.11 feet on the Northerly line of Lot 7 of Conway's Resubdivision to the Point of Beginning. Said tract containing 0.276 acres. 8,541.31 1,599.34 4,945.14 1,837.70 3 's Drive du Chien P1TO,V SCHEDULE OF ASSESSMENT FOR PAVING Sr. ANNE'S DRIVE Road 9. Bernard Yeggy Lot 21 in Conway's Subdivision of a part of Section 3, 18,000 3, T 79 N, Range 6, West of the Sth P.M. 10. Bernard Yeggy Lot 20 in Conway's Subdivision of a part of Section 3, 20,000 T 79. N, Range 6, West of the Sth P.M. "'- 11. Bernard Yeggy Lot 19 in Conway's Subdivision of a part of Section 3, 40,930 T 79 N, Range 6, West of the Sth P.M. 12. Robert H. f, Martha J. Lot 18, Conway's Subdivision of part of Section 3, 46,000 Bross T 79 N, Range 6, West of the 5th P.M. 13. Robert H. F, Martha J. Part of Lot 15, Conway's Subdivision of part of 4,000 Bross Section 3, T 79 N, Range 6, West of the Sth P.M. described as follows: Commencing at the NW corner of said Lot 15, thence SEly 107' to the SW corner of said Lot 15, thence Ely 21' to a point on the Sly line of said Lot 15, thence Nally 96.4' to a point on the N line of said Lot 15, thence 37' W to the point of beginning. 14. J. Glasgow contract to Lot 17, Conway's Subdivision of part of Section 3, 19,500 Ciarles B Julia T 79 N, Range 6, West of the Sth P.M. Slaynaker 15. Bruce Glasgow,Frank Boyd Lot 16, Conway's Subdivision of part of Section 3, 17,500 and John Ru melhart T 79 N, Range 6, West of the Sth P.M. 16. Frank Boyd, John Lot 26, Conway's Subdivision of part of Section 3, 41,000 Rimnelhart, B Bruce T 79 N, Range 6, West of the 5th P,M. Glasgow 3,851.47 1,1 4.204.47 1,2 5,061.75 1,5 6,130.20 1,8 491.68 1 3,876.68 1, 4,344.72 1, 11,072.18 3, Irom Prairie du to SCHEDULE OF ASSESSMENT FOR PAVING ST. ANNE'S DRI1ti 18,000 20,000 40,930 46,000 4,000 19,500 17,500 41,000 ESTIMATED FTITU- ASSESSMENT ASSESSMENT 3,851.47 4.204.47 5,061.75 6,130.20 491.68 3,876.68 4,344.72 11,072.18 1,172.46 1,279.92 1,540.90 1,866.16 149.68 1,180.14 1,322.62 3,370.59 4 I Lot 21 in Conway's Subdivision of a part of Section 3, T 79 N, Range 6, West of the 5th P.M. Lot 20 in Conway's Subdivision of a part of Section 3, T 79.N, Range 6, West of the 5th P.M. Lot 19 in Conway's Subdivision of a part of Section 3, T 79 N, Range 6, West of the 5th P.M. J. Lot 18, Conway's Subdivision of part of Section 3, T 79 N, Range 6, West of the 5th P.M. J. Part of Lot 15, Conway's Subdivision of part of Section 3, T 79 N, Range 6, West of the 5th P.M. described as follows: Commencing at the NW corner of said Lot 15, thence SEly 107' to the SW corner of said Lot 15, thence Ely 21' to a point on the Sly line of said Lot 15, thence Nally 96,4' to a point on the N line of said Lot 15, thence 37' W to the point of beginning. to Lot 17, Conway's Subdivision of part of Section 3, T 79 N, Range 6, West of the 5th P.M. Boyd Lot 16, Conway's Subdivision of part of Section 3, T 79 N, Range 6, West of the 5th P.M. Lot 26, Conway's Subdivision of part of Section 3, c T 79 N, Range 6, West of the 5th P,M. 18,000 20,000 40,930 46,000 4,000 19,500 17,500 41,000 ESTIMATED FTITU- ASSESSMENT ASSESSMENT 3,851.47 4.204.47 5,061.75 6,130.20 491.68 3,876.68 4,344.72 11,072.18 1,172.46 1,279.92 1,540.90 1,866.16 149.68 1,180.14 1,322.62 3,370.59 4 I �, 3 �;; �`;; ;, BE IT FURTHER RESOLVED that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted: and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied con- ditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provi- sions of Section 384.63. Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements and not in excess thereof, and not in excess of 258 of the value of the same. BE IT FURTHER RESOLVED, that said assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of twelve percent per annum, the maximum rate permitted by law, from the date of the accep- tance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $50.00, with interest on the whole assessment from date of acceptance of the work by the Council shall become due and payable on July 1. 1985 succeeding annual installments with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessments shall be payable at the office of the City Clerk, in full or in part and without interest within thirty days after the date of the first publication of the notice of the filing of the final plat and schedule of assessments to the County Treasurer of Johnson County, Iowa. BE IT FURTHER RESOLVED that the Clerk be and is hereby directed to certify said final plat and schedule to the County Treasurer of Johnson County Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Iowa City Press -Citizen a newspaper printed wholly in the English language published in Iowa City, Iowa, and of general circulation in Iowa City Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer the Clerk -3- 17�r shall also send by certified mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice all as provided and directed by Code Section 384.60. Code of Iowa. BE IT FURTHER RESOLVED, that the Clerk is directed to cer- tify the deficiencies for lots specially benefited by the improvements, as shown in the final schedule of assessments, to the County Treasurer for recording in the Special Assessment Deficiencies Book and to the city official charged with responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective properties under Code Section 384.63 for the amortization period specified by law. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement bonds may be issued and to proceed on behalf of the City with the sale of said bonds to select a date for the sale thereof. to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 9th day of __October , 1984. n} -- ATTEST: Cle k — -4- / ysLs CIG -3 1-79 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A. Code of Iowa. upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings and that no controversy or litigation is pending prayed or threatened involving the incorporation, organization existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this _,_9th day of October _ , 1984. CitVC Ka City, Iowa - SEAL /�ys , fonfrd �°-5.-6Y y.co�n� ,. /1,ctiro��P �Dy°smR,G (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City Iowa. Date of Meeting: October 9, 1984 j Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City. Iowa. I PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will. meet at the date. time and place above set out. The tentative agenda for said meeting is as follows: Resolutions in connection with the St. Anne's Drive Special Paving Project -1983. - Resolution adopting and levying final schedule of assessments. Such additional matters as are set forth, on the addi- tional 16 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. �� City le'rkCity Iowa_ JZ %,, , , , I /" "' re, i._,-,•,.. October 9 1984 The City Council of Iowa City, Iowa, met in _regular -_— session in the Council Chambers Civic Center, 410 E. Washington Street, Iowa City Iowa, at 7:30 o'clock P .M., on the above date. There were present Mayor John McDonald in the chair, and the following named Council Members: Ambrisco, Baker, Dickson, Erdahl, McDonald i — i Strait, Zuber Absent: None -1- /?Y� Council Member_ Strait _ _ _ __. __ introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Council Member .DiasoR__.__ seconded the motion to adopt. The roll was called and the vote was, AYES: Ambrisco,_Dickson�Erdahl,_Ak:Donald, 5trait�2uber ABSTAINING: Baker NAYS: None Whereupon the Mayor declared the following Resolution duly adopted as follows: 84-283 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA That after full consideration of the final schedule of assessments and accompanying plat showing the assessments pro- posed to be made for the construction of the Tanglewood - Ventura Special Paving Assessment Project within the City, under contract with Metro Pavers, Inc. of Iowa City, Iowa, which final plat and schedule was filed in the office of the Clerk on the 1stday of __October _ . 1984 said assessments are hereby corrected by making the following changes and reductions: NAME OF PROPOSED CORRECTED PROPERTY FINAL FINAL OWNER AND PROPOSED CONDITIONAL CORRECTED CONDITIONAL DESCRIPTION FINAL DEFICIENCY, FINAL DEFICIENCY, OF PROPERTY _ ASSESSMENT IF ANY _ _ ASSESSMENT IF ANY See attached -2- /,?00 Ventura Avenue from Tanglewood Street f NAME SCHEDULE OF ASSESSMENTS FOR PAVING - 1983 Street to Tanglewood Street DESCRIPTION PROPERTY ESTIMATED 1. Aage & Evelyn Jensen oftthe NEcum andSNWdivision of quarters ofpart of the t8i;the north in Sec. 3hf alf $73,000.00 79 6W of the 5th P.M. 2. William F. & Mary Grell Lot 3, Yocum Subdivision of Part of the north half the NW4 in Sec. 3-79-6W of the Contract to Nancy Carlson of the NE and NW1; of 5th P.M., except beginning at the SE corner of said Lot 3; thence S77054'00"W, 25.47 feet which is along the northerly right-of-way of the existing street; thence N21025143"W, 47.39.feet to the easterly line of said Lot 3; thence S47020'E 57.33 feet to the point of beginnng. 3. James C. & Jacqueline McCoy Beginning at the SE corner of Lot 3, of Yocum's half of the NE Subdivision of part of the north and NW fractional quarters of NW Quarter Section 3, Township 79 North, Range 6 West of the 5th P.M. of Johnson County, Iowa thence 577054'00"W, 25.47 feet which is along the northerly right-of-way of the existing street; thence N21025'43"W, 47.39 feet to the easterly line of said Lot 3; thence S470201E 57.33 feet to the point of beginning. 4. James C. & Jacqueline McCoy part half ofttheiNEYandmNWubdivision fracti nalof quartersfofhNWnQuarter Section 3, Township 79 North, Range 6 West of the 5th P.M.; excepting therefrom the following described property, to -wit: Beginning at the SE cgrner of said Lot 4 of Yocum's Subdivision; thence S77 5410011W, 80.00 feet along the northerly right-of-way of the existing street; thence N21025'43'W, 104.81 feet; thence N16020145"E, 128.87 feet to the NE corner of said Lot 4; thence S21025143"E 219.64 feet to the point of beginning. $91,620.00 $3,060.00 $55,020.00 $4,836.97 $4,836.97 $213.47 1 $1,849.941 SCHEDULE OF ASSESSMENTS FOR PAYING - 1983 from Dubuque Street to Tanglewood Street klyn Jensen & Mary Grell to Nancy Carlson I& Jacqueline McCoy I& Jacqueline McCoy DESCRIPTION PROPERTY ESTIMATED FINAL Lot 2, Yocum Subdivision of part of the north half $73,000.00 $4,836.97 $4,315.39 (Paid by City) of the NE and NW quarters of the NI1; in Sec. 3-79- 6W of the 5th P.M. Lot 3, Yocum Subdivision of Part of the north half of the NE and NW; of the *A4 in Sec.. 3-79-6W of the 5th P.M., except beginning at the SE corner of said :} Lot 3; thence S77054100"W, 25.47 feet which is along the northerly right-of-way of the existing street; r thence N21025'43"W, 47.39.feet to the easterly line ` of said Lot 3; thence S47020'E 57.33 feet to the point of beginnng. $91,620.00 $4,836.97 $4,315.39 Beginning at the SE corner of Lot 3, of Yocum's Subdivision of part of the north half of the NE and NW fractional quarters of NW Quarter Section 3, Township 79 North, Range 6 West of the 5th P.M. of Johnson County, Iowa thence S77054'00"W, 25.47 feet which is along the northerly right-of-way of the existing street; thence N21025'43"W, 47.39 feet to the easterly line of said Lot 3; thence S470201E 57.33 feet to the point of beginning. $3,060.00 $213.47 $ 172.62 Lot 4 in Yocum Subdivision of part of the north half of the NE and NW fractional quarters of NW Quarter - Section 3, Township 79 North, Range 6 West of the 5th P.M.; excepting therefrom the following described property, to -wit: Beginning at the SE cgrner of said Lot 4 of Yocum's Subdivision, thence S71 54'00"W, 80.00 feet along the northerly right-of-way of the existing street; thence N21125143'W, 104.81 feet; thence N16020145"E, 128.87 feet to the NE corner of said Lot 4; thence S2102514311E 219.64 feet to the point of beginning. 1 $55,020.00 $1,849.94 $1,668.62 -2- NAME DESCRIPTION PROPERTY VALUE ESTIMAT ASSESSME 5. Group of Christians gathered to Beginning at the SE corner of Lot 4 of Yocum's the name of the Lord Jesus Christ. Subdivision of part of the north half of the NE Trustees - Emil Ludvicek & and NW fractional Quarters of NW Quarter Section & Jacob Blumer 3, Township 79 North, Range 6 West of Johnson County, Iowa; thence S77 54'00"W, 80.00 feet along the northerl� right-of-way of the existing street; thence N21 2514311W, 104,81 feet; thence N16020145"E, 128.87 feet to the NE corner of said Lot 4; thence S2102514311E, 219.64 feet to the point of beginning. $30,000.00 $2,418 6' Daniel N. Berg Lot 5, Yocum Subdivision of part of the north half of the NE and *A4 of the NVI; in Sec. 3- 79-6W of the 5th P.M, $53,550.00 $3,256 7. Daniel N. Berg The S� of Lot 6, Yocum Subdivision of part of the N� of the NE and NW; of the NW; in Sec. 3=79=661 of the 5th P.M. $36,810.00 $3,224 8. Daniel N. Berg The S44' of the % of Lot 6, Yocum Subdivision of part of the N� of the NE and NWS of the NII, in Sec. 3-79-6W of the 5th P.M. $29,790.00 $1,418 9. First National Bank, That part of Lot 7, Yocum Subdivision of part of Trustee cant. to the N+ of the NE and NW; of the NW; in Sec. 3-79- Damian R. Pieper 6W in the 5th P.M. described as follows: Beginning at the NE corner of Lot 7, said subdivision, thence S13056'E 123.69 feet ; thence N890561W 79.9 feet; thence N170581W 42.43 feet; thence N240571W 19.16 feet; thence N120151W 63.69 feet; thence S890561E 84.89 feet to beginning. $37,900.00 $2,740 10. Damian R. Pieper Lot 7, Yocum Subdivision of part of the NQS of the NE and NW; of the NW; in Sec. 3-79-6W of the 5th P.M. except that part described as follows: Beginning at the NE corner of Lot ,7, said subdivision, thence S13056'E 123.69 feet; thence N890561W 79.9 feet; thence N17 58'W 42.43 feet; thence N240571W 19.16 feet- thence N12015'W 63.69 feet; thence S890 $58,020.00 $4,159. 561E 84.81 feet to beginning. -2- ESTIMATE. FINAL L DESCRIPTION PROPERTVALUEY AS ES MEN1 ASSESSMENT Christians gathered to Beginning at the SE corner of Lot 4 of Yocum's of the Lord Jesus Christ. Subdivision of part of the north half of the NE - Emil Ludvicek 8 and NW fractional Quarters of NW Quarter Section Blumer 3, Township 79 North, Range 6 West of Johnson County, Iowa; thence S77 54'00"W, 80.00 feet along the northerly right-of-way of the existing street; thence N21 25'43"W, 104.81 feet; thence N16020145"E, 128.87 feet to the NE corner of said Lot 4; thence S21025143"E, 219.64 feet to the point of beginning. $30,000.00 Berg Lot 5, Yocum Subdivision of part of the north half of the NE and NW; of the *14 in Sec. 3- 79-6W of the 5th P.M. $53,550.00 Berg The S> of Lot 6, Yocum Subdivision of part of the Nk of the NE and NW4 of the NW; in Sec. 3-79=6F1 of'the 5th P.M. $36,810.00 Berg The S44' of the % of Lot 6, Yocum Subdivision of part of the N> of the NE and NW4 of the NA in Sec. 3-79-6W of the 5th P.M. $29,790.00 tional Bank, That part of. Lot 7, Yocum Subdivision of part of cont. to the N� of the NE and NW; of the NW4 in Sec. 3 -79 - Pieper 6W in the 5th P.M. described as follows: Beginning at the NE corner of Lot 7, said subdivision, thence S13056'E 123.69 feet ; thence N890561W 79.9 feet; thence N170581W 42.43 feet; thence N240571W 19.16 feet; thence N120151W 63.69 feet; thence S890561 84.89 feet to beginning. $37,900.00 Pieper Lot 7, Yocum Subdivision of part of the % of the NE and NWit of the NW, in Sec. 3-79-6W of the 5th P.M. except that part described as follows: Beginning at the NE corner of Lot .7, said subdivision, thence S130561E ;23.69 feet; thence N89056'W 79.9 feet; thence N17 58'W 42.43 feet; thence N24057'W 1316 feet- thence N12015% 63.69 feet; thence 5890 $58,020.00 561E 84.81 feet to beginning. $2,418.49 $3,256.90 $3,224.65 $1,418.84 $2,740.95 $4,159.80 $2,157.70 I $2,905.69 $2,876.92 $1,265,85 $2,445,39 $3,711.23 -3- NAME DESCRIPTION PROPERTY ESTIMAT VALUE ASSESSME 11. Edward A. 0 Carol L. Lot 8, Yocum Subdivision of part of the N�- of Moreno the NE and NW; of the NW, in Sec. 3-79-6W of the 5th P.M. $48,430.00 12. Quentin H. Pitzen Lot 9, Yocum Subdivision of part of the Njj of the NE and NW; of the NW; in Sec. 3-79-6W of the 5th P.M. except the following: Commencing at the NW corner of said Lot 9, thence S13056'E 34.27 feet; thence N890011E to a point on the easterly line of Lot 9; thence N1027'W 24.93 feet to the NE corner of Lot 9; thence westerly along the northerly line of Lot 9 to the point of beginning. $40,430.00 13. Elaine -K. Shepherd That part of Lot 9, Yocum Subdivision of part of the N� of the NE and NWh of the NW, of Sec. 3-79-6W of the 5th P.M. described as follows: Commencing at the NW corner of said Lot 9, thence S130561E 34.27 feet; thence N89001'E to a goint on the Easterly line of Lot 9; thence N1 27'W 24.93 feet to the NE corner of Lot 9; thence westerly along the northerly line of Lot 9 to the point of beginning $23,937.92 14. Elaine K. Shepherd Lot 10, Yocum Subdivision of part of the N11 of the NE and NW quarters of the NW; of Section 3-79-6W of the 5th P.M. except beginning at the.Northwest corner of Lot 10 of said Yocum Subdivision; thence S89056100"E 202.52 feet to the Northeast corner of said Lot 10; thence S102710011W 47.50 feet on the East line of said Lot 10; thence N89056'00"W 126.90 feet; thence S40019'00"W 39.50 feet; thence N8905610011W 32.00 feet to the West line of said Lot 10; thence N1305610011W 80.00 feet to the point of beginning. Said tract containing 0.254 acres. $14,402.08 $3,5471 $3 $1 $1 -3- n DESCRIPTION PROPERTY ESTIMATED FINAL VALUE ASSESSMENT ASSESSMENT Carol L. Lot 8, Yocum Subdivision of part of the N�- of the NE and NW4 of the NW4 in Sec. 3-79-6W of the 5th P.M. $48,430.00 $3,547.11 $3,164.61 I itzen Lot 9, Yocum Subdivision of part of the % of the NE and NWa of the NW; in Sec. 3-79-6W of the 5th P.M. except the following: Commencing at the NW corner Of said Lot 9, thence S130561E 34.27 feet; thence, N890011E to a point on the easterly line of Lot 9; thence N1027'W 24.93 feet to the NE corner of Lot 9; thence westerly along the northerly line of Lot 9 to the point of beginning. $40,430.00 $3,772.84 $3,366.00 i pherd That part of Lot 9, Yocum Subdivision of part of the N� of the NE and NW; of the NW; of Sec. 3-79-6W of the 5th P.M. described as follows: Commencing I at the NW corner of said Lot 9, thence S13056'E 34.27 feet; thence N890011E to a goint on the Easterly line of Lot 9; thence N1 27'W 24.93 feet to the NE corner of Lot 9; thence westerly along the northerly line of Lot 9 to the point of beginning $23,937.92 $1,892.43 $1,812.50 pherd Lot 10, Yocum Subdivision of part of the NJ, of the NE and NW quarters of the NWh of Section 3-79-6W of the 5th P.M. except beginning at the.Northwest �- corner of Lot 10 of said Yocum Subdivision; thence S89056'00"E 202.52 feet to the Northeast corner of said Lot 10; thence S1027'00"W 47.50 feet on the East line of said Lot 10; thence N89056'00"W 126.90 feet; thence 540019'00"W 39.50 feet; thence N8905610011W 32.00 feet to the West line of said Lot 10; thence N1305610011W 80.00 feet to the point of beginning. Said tract containing 0.254 acres. $14,402.08 $1,138,74 $ 891,85 15. John R. Shepherd i 16. Damian R. Pieper 17. Larry Baker $ Virginia Ann Russell -4- rnurtnII Lj .,.. DESCRIPTION VALUE ASSESSME A part of Lot 10 of Yocum Subdivision in the North half of the Northeast and Northwest fractional quarters of the Northwest quarter of Sec. 3, Township 79, North, Range 6 West of the 5th P.M.. described as follows. beginning at the Northwest corer of Lot 10 of said Yocum Subdivision; thence 889 56100"E 202.52 feet to the Northeast corner of said Lot 10; thence S1027'00"E 47.50 feet on the N89056'00"W 126.90 East line of said Lot 10; thence feet; thence S40019'00"W 39.50 feet; thence N89056'00"W 32.00 feet to the West line of said Lot 10; thence N13056'00"W 80.00 feet to the point of beginning. $84.320.00 Said tract containing 0.254 Lot 11, Yocum Subdivision of part of the % of the the NW- of Sec. 3-79-6W of the 5th P.M. $43,870.00 NE and NWk of The south 55 feet of Lot 12, Yocum Subdivision of part of the N+ of the NE and NW; of the NWS $51,300.00 of Sec. 3-79-6W of the 5th P.M. $1 $1, Pieper r•$ Virginia Ann -4 - DESCRIPTION PROPERTY ESTIMATED FINAL VALUE ASSESSMENT ASSESSMENT A part of Lot 10 of Yocum Subdivision in the North half of the Northeast and Northwest fractional quarters of the Northwest quarter of Sec. 3, Township 79, North, Range 6 West of the 5th P.M., described as follows: beginning at the Northwest coreer of Lot 10 of said Yocum Subdivision; thence S89 56'00"E 202.52 feet to the Northeast corner of said Lot 10; thence S1027'00"E 47.50 feet on the East line of said Lot 10; thence N89056100"W 126.90 feet; thence S40019'00"W 39.50 feet; thence N89056'00"W 32.00 feet to the West line of said Lot 10; thence N1305610011W 80.00 feet to the point of beginning. Said tract containing 0.254 $44,320.00 $1,934.79 $1,726.16 Lot 11, Yocum Subdivision of part of the N� of the NE and NW; of the NW4 of Sec. 3-79-6W of the 5th P.M. $43,870.00 $3,643.60 $3,250.92 The south 55 feet of Lot 12, Yocum Subdivision of part of the NQS of the NE and NW; of the NW4 of Sec. 3-79-6W of the 5th P.M. $51,300.00 $1,773.56 $1,582.31 BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be, and is hereby assessed and levied as a special tax against and upon each of the lots, parts of lots and parcels of land and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied con- ditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provi- sions of Section 384.63, Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess thereof and not in excess of 258 of the value of the same BE IT FURTHER RESOLVED, that said assessments of $50.00 or more shall be payable in ten equal annual installments and shall bear interest at the rate of twelve percent per annum, the maximum rate permitted by law, from the date of the accep- tance of the improvements; the first installment of each assessment, or total amount thereof if it be less than $50.00 with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1 1985, succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessments shall be payable at the office of the City Clerk, in full or in part and without interest within thirty days after the date of the first publication of the notice of the filing of the final plat and schedule of assessments to the County Treasurer of Johnson County, Iowa. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said final plat and schedule to the County Treasurer of Johnson County Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Iowa City press -Citizen a newspaper printed wholly in the English language published in Iowa City Iowa and of general circulation in Iowa City, Iowa the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer. the Clerk -3- /Wo4 shall also send by certified mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice, all as provided and directed by Code Section 384.60, Code of Iowa. BE IT FURTHER RESOLVED that the Clerk is directed to cer- tify the deficiencies for lots specially benefited by the improvements, as shown in the final schedule of assessments, to the County Treasurer for recording in the Special Assessment Deficiencies Book and to the city official charged with responsibility for the issuance of building permits. Said deficiencies are conditionally assessed to the respective properties under Code Section 384.63 for the amortization period specified by law. The Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which improvement bonds may be issued and to proceed on behalf of the City with the sale of said bonds. to select a date for the sale thereof to cause to be prepared such notice and sale information as may appear appropriate to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 9th day of October 1984. ayor ATTEST: J1/Q1 C M1 -4- /976 CIG -3 1-79 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council. and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment. which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A. Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9th _ day of _ October _ , 1984. SEAL ACit , Ci wa /9y6 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body The City Council of Iowa City, Iowa. Date of Meeting: October 9, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. 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: Resolutions in connection with the Tanglewood -Ventura Special Paving Assessment Project. - Resolution adopting and levying final schedule of assessments. Such additional matters as are set forth on the addi- tional 16_ page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. L- - -- City lerk�ity Iowa /?0 I�-+naoc�Q io-ia•fy CITY'S COPY (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body The City Council of Iowa City, Iowa. Date of Meeting: October 9, 1984 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. 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: Resolutions in connection with the Tanglewood -Ventura Special Paving Assessment Project. - Resolution adopting and levying final schedule of assessments. Such additional matters as are set forth on the addi- tional 16_ page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. L- - -- City lerk�ity Iowa /?0 RESOLUTION NO. 84-284 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE MERCER PARK BALL DIAMONDS FENCE PROJECT WHEREAS, Sampson Eastern Iowa Fence of Davenport, Iowa has submitted the best bid of 23,1 .50 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Sampson Eastern Iowa Fence of Davenport, Iowa subject to the condition that awar ee secure adequate performance bon insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Ambrisco and seconded by Dickson that the resolution as reade adopted, and —upon roll call there were: AYES: 14AYS: ABSENT: X Ambrisco x Baker x Dickson X Erdahl x McDonald x Strait R Zuber Passed and approved this 9th day of October lg 84, MAYOR ATTEST: Received U Ahpl'ava= CONTRACT THIS AGREEMENT, made and entered into this —/—/ day of 19L�, by and between the City of Iowa City. Iowa i party of the first part, hereinafter referred to as the "Owner" and c _ _ party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 49 day of _261f7- 19 -E, for _lYlf:kr 12 PA '<L RA// %i/ nma..D cr n _ , under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers (, -L b. "Standard Specifications for Highway and Bridge Construction", Series of 1984 , Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 /9�7 i e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by j one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with j and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. P 'y IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. LL Contra o==�Seal o J R sTE��I Seal)B(Title) Mavor Titl ATTEST: ATTEST:9/7 IF / (Title) City Clerk (Title) � ompy aeij CF -2 /9V7 ADVERTISEMENT FOR BIDS MERCER PARK BALL DIAMOND FENCE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 2nd day of October, 1984, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on October 9, 1984, or at such later time and place as may then be fixed. The work will involve the following: Supplying and erecting a 72" high chain-link fence around each of the four Mercer Park Ball Diamonds. All work is to be done in strict compliance with the plans and specifi- cations prepared by Francis K. Farmer, P.E., City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. i Whenever reference is made to the j "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1984, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by either of the following forms of bid security: (1) a certified or cashier's check drawn on a solvent j Iowa bank or a bank chartered under the I laws of the United States or a certi- fied share draft drawn on a credit ' union in Iowa or chartered under the laws of the United States, in an amount equal to ten percent (10%) of the bid, or (2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter AF -1 /9yx into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be. retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100X) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 2 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 30 Completion Date: November 30, 1984 Liquidated Damages: $100 The plans, specifications, and proposed contract documents may be examined at the Office of Francis K. Farmer, P.E., by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting AF -2 19i,7 construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained form the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356- 5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. *MJ MMKIAN KARR, CITY CLERK AF -3 /07 RESOLUTION NO. 84_285 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE FIRE DEPARTMENT BY ADDING ONE FIRE LIEUTENANT POSITION. WHEREAS, Resolution No. 84-47 adopted by the City Council on February 28, 1984, establishing an operating budget for FY85, authorizes all permanent positions, and WHEREAS, Resolution No. 84-253 adopted on September 11, 1984, abolished one vacant Fire Lieutenant position in the Fire Department, and WHEREAS, concerns raised by Fire Department employees about the adequacy of current promotional policies are being addressed by Fire Department employees and the City administration, and WHEREAS, it is in the public interest and the interest of the City and the Fire Department to reestablish one Fire Lieutenant position and to promote a certified candidate into that position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Fire Department be amended by the addition of one Fire Lieutenant position. It was moved byF,rdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: AMBRISCO x BAKER _y DICKSON t ERDAHL MCDONALD STRAIT t ZUBER Passed and approved this 9th day of October 1984. YOR ATTEST: rtG+L% (AIT LLERK Reeolvnd 8 Approved By YI Leg 1) uihmnt RESOLUTION NO. 84_286 RESOLUTION AMENDING THE NUMBER OF AUTHORIZED POSITIONS IN THE HOUSING & INSPECTION SERVICES DEPARTMENT - ASSISTED HOUSING DIVISION WHEREAS, Resolution No. 84-47 adopted by the City Council on February 28, 1984, establishing an operating budget for FY85 authorizes all permanent positions, and WHEREAS, the increase in units of Section 8 and Public Housing requires additional staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the authorization of personnel in the Assisted Housing Division be amended by: 1. The deletion of one half-time Housing Specialist. 2. The addition of one full-time Housing Specialist. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X x x x x x Passed and approved this 9th ATTEST: / '7 ' Ambrisco Baker Dickson Erdahl McDonald Strait Zuber Of October , 1984. Received E Approve;; By ho LYlal De aftwnf za /9511 City of Iowa City MEMORANDUM DATEi September 14, 1984 TO: Doug Boothroy Heal G. Berlin �yy��//QQ FROM: Lyle G. Seydel co RE: Additional Personnel - Assisted Housing Division Due to the increased work load in the Assisted Housing Division, it is requested that the half-time Housing Specialist position be con- verted to a full-time Housing Specialist. Since this position was authorized, 25 units of Section 3 Existing and 20 units of Public Housing have been added. Additionally, 14 units of Section 8 and 10 units of Public Housing have been applied for, and we have re- ceived verbal approval of these applications. This additional 69 units has increased the work load sufficiently to justify the conver- sion from half-time to full-time Housing Specialist. It is antici- pated that an additional 14 units of Section 8 Existing will be ap- plied for and approved in Fiscal Year 1986 to be used in conjunction with the Housing Rehabilitation Program. Under HUD guidelines, one Management/Administrative Position is per- mitted for each 30 units of housing. Using these guidelines, we should have 6.08 staff persons to operate the 486 units currently under lease (434 Section 8 and 52 Public Housing). However, we only have 5.5 positions at the present time. When the additional 24 units are added this year, this office will be administering 510 units of subsidized housing with a recommended staffing level of 6.4 persons. When the additional 14 units are added in Fiscal Year 1986, there will be a total of 524 units with an optimum staff requirement of 7 Admin- istrative staff persons. We are understaffed at the present time by one full-time person. This is compounded by the amount of time the Housing Coordinator spends with Boards and Commissions and handling the maintenance requirements of Public Housing. His time available for operating the existing programs will be further limited by the time required for acquisition of properties for the new Public Hous- ing units. Thus, in order to maintain the effective operation of this division, an additional half-time staff person is needed now. In discussing staffing requirements with HUD counterparts, they have indicated HUD would not object to this staff increase. There should be no problem funding this position, since we have added $34,178.79 to the Section 8 reserve over the past two years. Money for salary and benefits for this position will come from the programs and will not affect the City budget. Office space, etc. is available. I recommend that this request to convert a half-time position to a full-time position in the Assisted Housing Division be placed on the City Council Agenda for September 25, 1984. U