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HomeMy WebLinkAbout1983-03-01 ResolutionRESOLUTION NO. 83-39 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Micky's, 11 South Dubuque Street it was moved by McDonald and seconded by Lynch that the Resolution as rea be adopted, and upon ro cal there were: AYES: NAYS: ABSENT: Balmer X Lynch X X Erdahl Neuhauser X X Perret Dickson X ld X McDona Passed and approved this 1st day of March., 19 83 -I/I�r� 11I Mayor Attest:24 A- f( 'Kri.1n) City Clerk rte— I I i MICROFILMED BY DORM -_MIC R(�L'A B*- _..� CEDAR R01'108 • DES MOINES � 1 91WA 3a 9' J� RESOLUTION NO. 83-40 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE nHRnnNF STRFFT TMPRnVFMFNTC-LIaSNTNnTnN STREET TO IOWA AVENUE ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 31st day ofMarch , 19_n. Thereafter, the 1 bids Jbe opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next i meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 12th day of April , 19 83. I It was moved by Lynch and seconded by Dickson resolution as read be adopted, an upon roll call there were: i AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald X Neuhauser X Perret Passed and approved this 1st day of March 19 83. that the i/UICA111 C Jkwh MAYOR ATTEST:;.,,,,� � �S"�wnl I CITY CLERK '�— Recolvod & Approval By The Legal Dapaliment I, i MICROFILMED BY 11. -JORM -MICR6LAB_ -� J L ' CEDAR RAPIDS � OES i40CIE5 r RESOLUTION NO. 83-41 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS FOR VAULT REHABILITATION. WHEREAS, the City of Iowa City, Iowa, has negotiated agreements with the following property owners: 1) Bill Mihalopoulus 2) Douglas A. Duss 3) Edris P. Rinella 4) James Mondanaro 5) 124 Building Company, A General Partnership 6) Richard C. Miller, as attorney-in-fact for Gladys Meyer Douttiel Copies of said agreements are attached to this Resolution and by this reference made a part thereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements in conjunction with the proposed Dubuque Street improvements from Washington Street to Iowa Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreements with the above mentioned property owners. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting the same. It was moved by McDonald_ and seconded by Dickson the Resolution be adopted—,and--upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x McDONALD x NEUHAUSER x PERRET received 8, Approved By The Legal pepariln'nt {I+ f i 141CROFILME0 BY JORM -MICR4?1 A0 - CEDAR RAPIDS • DES MOINES ass lI, i MICROFILMED BY - I UORM- MICRIJ[:AB'�-_. 111 CEDAR RAPIDS DES MOVES 3-55 rA 0 AGREEMENT This Agreement is entered into between Bill Mihalopoulos hereafter "Owners" and the City of Iowa City, Iowa, a municipal corporation, hereafter "City." WHEREAS, it is in the public interest to make certain improvements along Dubuque Street between Washington and Iowa Avenue in Iowa City, Iowa, and to replace certain vault tops located in the right of way along Dubuque Street; and WHEREAS, property owners have an obligation under Iowa law to maintain adjoining and abutting public ways including sidewalks and vaults; and WHEREAS, in the event the City chooses to replace the vault tops, Owners and City wish to set forth a cost-sharing arrangement for replace- ment of vault tops. NOW THEREFORE BE IT AGREED AS FOLLOWS: 1. In the event City decides to replace Owners' vault tops, Owners shall pay one-half (1/2) of the replacement cost for vault tops adjacent and/or adjoining Owners' business and/or property, said amount not to exceed $ 1060.00 In the event the City contract award is below the Engineering Estimate, Owners' share shall be reduced on a pro -rata basis. 2. In consideration for Owners' payment of one-half replacement costs, the City agrees to replace vault tops located at 127 Iowa Avenue (street address), and more particularly described as follows: Beginning at the Northeast corner of Lot 1, Block 80, Original Town of Iowa City, Iowa, according to the recorded plat thereof, thence West 67 feet, thence South 40 feet, thence East 67 feet, thence North 40 feet to the place of beginning City further agrees to install or repair streetlights, sidewalks, curbs and gutters, trees, bikeracks and trash receptacles as the City deems necessary, at no additional cost to the property or business owners. 3. This Agreement shall be binding on the parties' successors in interest and shall be recorded in the Johnson County Recorder's Office. City shall pay recording costs. In the event all Owners do not agree to contribute the one-half share for vault top replacement along Dubuque Street between Washington and Iowa Avenue as deemed necessary in the City's determination, this Agreement shall be null and void and of no force and effect. I MICROrILMED BY -� 11. JORM-MICR6LAB'- - I CEDAR RAPIDS • DES MINES 3 �5 n J Dated this 30 day of —, 1982. OWNERS: CITY: Ky UA.01 I l a c� Mayor ATTEST: City Clerk Received i Approved By The legal Depertmenf MICROFIL14ED BY - JORM-MICR#LA9'- � CEDAR RAPIDS DES MOIYES / 3 OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this 26Zday of 1982, before me, the undersigned, a Notary Public in nd f said county and state:,personally appeared /GL 11.,,,Co�oCie to me known to IT the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. STATE OF IOWA ) COUNTY OF JOHNSON ) Notary Public in and for said County and State CITY ACKNOWLEDGEMENT SS: On this da of �_ G Y 198 , before me, the undersigned, a Not r Public in nd for sal�/county, a said state. pe sonaj1 appeared 4-& e- tid and cttri `! Mayor and City Clerk respectively of the City of Iowa City, executing t e within and foregoing instrument; the seal affixed thereto as the seal of said corporation by authority of the City Council; and that the said City Clerk and Mayor acknowledged the execution of said agreement to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Not ry Public in and for the State of Iowa Johnson County i 141CROFILMED BY -JORM--MICR/6LAB- CEDAR RAPIDS • DES MOINES i i 35,E J� AGREEMENT This Agreement is entered into between Douglas A. Duss hereafter "Owners" and the City of Iowa City, Iowa, a i municipal corporation, hereafter "City." WHEREAS, it is in the public interest to make certain improvements along Dubuque Street between Washington and Iowa Avenue in Iowa City, Iowa, and to replace certain vault tops located in the right of way along Dubuque Street; and 1 WHEREAS, property owners have an obligation under Iowa law to maintain adjoining and abutting public ways including sidewalks and vaults; and i WHEREAS, in the event the City chooses to replace the vault tops, Owners and City wish to set forth a cost-sharing arrangement for replace- ment of vault tops. NOW THEREFORE BE IT AGREED AS FOLLOWS: 1. In the event City decides to replace Owners' vault tops, Owners i shall pay one-half (1/2) of the replacement cost for vault tops adjacent and/or adjoining Owners' business and/or property, said amount not to exceed $ 595"nn In the event the City contract award is below the Engineering Estimate, Owners' share shall be reduced on a pro -rata basis. 2. In consideration for Owners' payment of one-half replacement costs, the City agrees to replace vault tops located at 5 South nn6ngia St.— (street address), and more particularly described as follows: Beginning at a point 40 feet south of the northeast corner of Lot one (1) in Block eighty (80), in Iowa City, Iowa, according i to the recorded plat thereof, hence west 67 feet, thence south ` 20 feet, thence east 67 feet, thence north 20 feet to the place of beginning. I I City further agrees to install or repair streetlights, sidewalks, curbs and gutters, trees, bikeracks and trash receptacles as the City deems necessary, at no additional cost to the property or business owners. 3. This Agreement shall be binding on the parties' successors in interest and shall be recorded in the Johnson County Recorder's Office. City shall pay recording costs. In the event all Owners do not agree to contribute the one-half share for vault top replacement along Dubuque Street between Washington and Iowa Avenue as deemed necessary in the City's determination, this Agreement shall be null and void and of no force and effect. 3 5S 141CROFILMED BY 1" JORM 'MICR6LAB' CEDAR RAPIDS • DES MOIOES 1� 1 A Received i Approved By The Legal Department JORM... MICR/SL- AB-CEDAR RAPIDS DES MOINES OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this Z�ay of nup%OY , 1982, before me, the undersigned, a Notary Public_ in and for. said county and state, personally appeared to me known to be th identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 1 Notary Pub c in and for said Coun y and State CITY ACKNOWLEDGEMENT STATE OF IOWA ) SS: COUNTY OF JOHNSON ) 3 On this la-- day 19812, before me, the undersigned, a NotiVy Public in -and for said county, �id personally appeared �. an fc 2L!/ s�sr Mayor and City'Clerk r spectively of the City of Iowa City, ting t e within and foregoing instrument; the seal affixed thereto as the seal of said corporation by authority of the City Council; and that the said City Clerk and Mayor acknowledged the execution of said agreement to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. i19Ge'ZN / �ii.LP� No a y Public in and for the State of Iowa Johnson County r 141CROFIL14ED BY 1. JOR M ---MIC RIi�CA e.- CEDAR RAPIDS DES I401:4E5 SWAN r AGREEMENT This Agreement is entered into between Joseph J Rinella & Edris P. Rinella , hereafter "Owners" and the City of Iowa City, Iowa, a mu mmum cTpalcocorporation, hereafter "City." WHEREAS, it is in the public interest to make certain improvements along Dubuque Street between Washington and Iowa Avenue in Iowa City, Iowa, and to replace certain vault tops located in the right of way along Dubuque Street; and WHEREAS, property owners have an obligation under Iowa law to maintain adjoining and abutting public ways including sidewalks and vaults; and WHEREAS, in the event the City chooses to replace the vault tops, Owners and City wish to set forth a cost-sharing arrangement for replace- ment of vault tops. NOW THEREFORE BE IT AGREED AS FOLLOWS: 1. In the event City decides to replace Owners' vault tops, Owners shall pay one-half (1/2) of the replacement cost for vault tops adjacent and/or adjoining Owners' business and/or property, said amount not to exceed '$ 605.00 In the event the City contract award is below the Engineering Estimate, Owners' share shall be reduced on a pro -rata basis. 2. In consideration for Owners' payment of one-half replacement costs, the City agrees to replace vault tops located at 7 South _ Dubuque Street (street address), and more particularly described as follows: The South one-half (S'i) of the following described real estate: Beginning at a point forty (40) feet South of the Northeast corner of Lot One (1) of Block Eighty (80) in Iowa City, Iowa, according to the recorded plat thereof; thence West sixty-seven (67) feet; thence South forty (40) feet to the place of beginning, with a life estate in the same reserved to Joseph Rinella, Sr. City further agrees to install or repair streetlights, sidewalks, curbs and gutters, trees, bikeracks and trash receptacles as the City deems necessary, at no additional cost to the property or business owners. 3. This Agreement shall be binding on the parties' successors in interest and shall be recorded in the Johnson County Recorder's Office. City shall pay recording costs. In the event all Owners do not agree to contribute the one-half share for vault top replacement along Dubuque Street between Washington and Iowa Avenue as deemed necessary in the City's determination, this Agreement shall be null and void and of no force and effect. u�Gcl ,v Qar� fes✓ C't���fi� 3 SS l _ i 141CROFIL14ED BY `DORM MIC R�LB'� �A: � 1/ I CEDAR RAPIDS DES MOINES IIj ! 'r Dated this day of 1981. OWNERS: CITY: n" C. `�/l�u.eceLu Joseph J. Rinella Mayor ATTEST: Edris P. Rinella. City Clerk r Received i Approved By the Legal Depamwenl i MICROFIL14ED BY _I - 1 J 111 , ORM--MICRbI'AB'- CEDAR RAPIDS • DES MOINES OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) SS: COUNTY OF JOHNSON ) i On this /1 day of cc 19&, before me, the undersigned, a Notary Pubs in a or aid unty and state, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. I. Notary Publi in and said County and St I- I CITY ACKNOWLEDGEMENT I STATE OF IOWA ) SS: COUNTY OF JOHNSON ) i On this day of r/ 199!e, before me, the undersigned, a Nom Public din d for�ount an( said stat ally a�ppMayor and City Clerk re%peecctively of the City of Iowa City, exe tingg the within and foregoing instrument; the seal affixed thereto as the seal of said corporation by authority of the City Council; and that the said City Clerk and Mayor acknowledged the execution of said agreement to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Public in and for the State of Iowa Johnson County I 361.5 , r j MICROFILMED BY JORM -MICRbLAB' - J r CEDAR RAPIDS DES t101)IES - ARTHUR o. LErr PHILIP A. LErr ALAN R. LErr R. BRUCE "ALPERT CHARLES T. TRAW OOUOLAS S. RUSSELL i LAW OrrICES or LEFF, LEPF, LEPF, .HAIIPEBT & TEAW 222 SOUTH LINN SYNKET-P, 0. Sox F4T IOWA CITY, IOWA 62244 Mr. Lee Tippee Engineer's Office City of Iowa City Civic Center 410 East Washington Iowa City, Iowa 52240 Dear Mr. Tippee: February 15, 1983 PHONE 3'JE-7981 An" Coot OIO I am handing you herewith, the agreement signed by Edris Rinella for the i replacement of the sidewalk vault tops as you have written it out. However, I wish to point out that Mrs. Rinella is signing this and delivering it to you on the expressed condition that it has been represented to her that in replacing the vault tops and the sidewalk, the elevation and width of the sidewalk will not be changed and that the parking in front of the premises will not be eliminated. I've talked with you about this and you have affirmed this to me but her signing of the consent is on the condition that these things remain as they are and if that is not true, then she would not sign this consent and the consent that is enclosed will have to and conditions. be on those terms I I Very r yours, I � i Arthur 0. Leff, AOL:ekh Enclosure IdCROFIL4ED BY 1" DORM.... MI C Rb LA EI CEDAR RAPIDS DES M018ES � I 3 5'sl Jj AGREEMENT This Agreement is entered into between Jim Mondanaro, Mar. hereafter "Owners" and the City of Iowa City, Iowa, a municipal corporation, hereafter "City." WHEREAS, it is in the public interest to make certain improvements along Dubuque Street between Washington and Iowa Avenue in Iowa City, Iowa, and to replace certain vault tops located in the right of way along Dubuque Street; and WHEREAS, property owners have an obligation under Iowa law to maintain adjoining and abutting public ways including sidewalks and vaults; and WHEREAS, in the event the City chooses to replace the vault tops, Owners and City wish to set forth a cost-sharing arrangement for replace- ment of vault tops. NOW THEREFORE BE IT AGREED AS FOLLOWS: 1. In the event City decides to replace Owners' vault tops, Owners shall pay one-half (1/2) of the replacement cost for vault tops adjacent and/or adjoining Owners' business and/or property, said amount not to exceed $ 1465.00 . In the event the City contract award is below the Engineering Estimate, Owners' share shall be reduced on a pro -rata basis. 2. In consideration for Owners' payment of one-half replacement costs, the City agrees to replace vault tops located at 11 South follows:n_L qu c (street address), and more particularly described as Iowa City Micky's Ltd. dba Micky's City further agrees to install or repair streetlights, sidewalks, curbs and gutters, trees, bikeracks and trash receptacles as the City deems necessary, at no additional cost to the property or business owners. 3. This Agreement shall be binding on the parties' successors in interest and shall be recorded in the Johnson County Recorder's Office. City shall pay recording costs. In the event all Owners do not agree to contribute the one-half share for vault top replacement along Dubuque Street between Washington and Iowa Avenue as deemed necessary in the City's determination, this Agreement shall be null and void and of no force and effect. 3 $.S i MICROFIL14ED BY I l.. - JORM "MICR06LA9- CEDAR RAPIDS DES'MOINES ( / Received i Approved By The legd Depertmenl C i* r 7-,z 0- t� 36�51 _ MICROFILMED BY 1 DORM -MIC 11.1 !i fI CEDAR RAPIDS DES ES MOIYEl i I V I � 3 OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) 55: COUNTY OF JOHNSON ) On this qday of �, 1982, before me, the undersigned, a Notary Pub c in ansj-for said county and state, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. j Notary Public in and for said County and State I CITY ACKNOWLEDGEMENT I� STATE OF IOWA ) i ) SS: COUNTY OF JOHNSON ) i 3 I j On this Zday of <I -foe , 190, before me, the undersigned, a ! Ngtary Pubic ancj for s id i �acaaaconnndtdrp7Mao<CfInraioLydatrryVotedrigeoCGoaenlic.de.nkbrgnyok90f'iwranelsusesatCtdp/hirgoedouecrrimdmtieuitntvyntheie;oclyfietpxtohaeehflcecutscoCtheared Mayor ithin said Clerk arilyntary executed. � Not ry Public in and for the State of Iowa Johnson County 34& v 141CRorILMED BY I. _....�...� 1 ---1 ," JOR M -' -MIC RISL"A A' L % + CEDAR RAPIDS • DES MOINESlid ' �— - — AGREEMENT This Agreement is entered into between 124 Building Company, a General Partnership , hereafter "Owners" and the City of Iowa City, Iowa, a municipal corporation, hereafter "City." WHEREAS, it is in the public interest to make certain improvements along Dubuque Street between Washington and Iowa Avenue in Iowa City, Iowa, and to replace certain vault tops located in the right of way along Dubuque Street; and WHEREAS, property owners have an obligation under Iowa law to maintain adjoining and abutting public ways including sidewalks and vaults; and WHEREAS, in the event the City chooses to replace the vault tops, Owners and City wish to set forth a cost-sharing arrangement for replace- ment of vault tops. NOW THEREFORE BE IT AGREED AS FOLLOWS: 1. In the event City decides to replace Owners' vault tops, Owners shall pay one-half (1/2) of the replacement cost for vault tops adjacent and/or adjoining Owners' business and/or property, said amount not to exceed $ 1240.00 In the event the City contract award is below the Engineering Estimate, Owners' share shall be reduced on a pro -rata basis. I 2. In consideration for Owners' payment of one-half replacement costs, the City agrees to replace vault tops located at 19 South Dubuque St. (street address), and more particularly described as follows: The South (20) feet of the North Sixty (60) feet of Lot Eight (8) and the South Twenty (20) feet of the North Forty (40) feet of Lot Eight (8) all in Block Eighty (80), Original Town of Iowa City, Iowa City further agrees to install or repair streetlights, sidewalks, curbs and gutters, trees, bikeracks and trash receptacles as the City deems necessary, at no additional cost to the property or business owners. 3. This Agreement shall be binding on the parties' successors in interest and shall be recorded in the Johnson County Recorder's Office. City shall pay recording costs. In the event all Owners do not agree to contribute the one-half share for vault top replacement along Dubuque Street between Washington and Iowa Avenue as deemed necessary in the City's determination, this Agreement shall be null and void and of no force and effect. .3.S,S MICROFILMED BY 1_ ) -, DORM �"MIC REIC AB- L% CEDAR RAPIDS • DES MO RIES 1 Received i Approved By The Legal Department 3S'$ _ RICROFILMED BY DORM"-MICR+L'EiB- }� I CEDAR RAPIDS • DES MOINES � �1 f 4 3 OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this -2& day of ,r 2, , 1982, before me, the undersigned, a Notary Public in and for said county and state, personally appeared JD1 LICAOmrS Ct)m PAnIV i i39 grEPmEU [7 8zieg 1% 4 PAP—Tx]Fp. to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary lic in and for said County and State CITY ACKNOWLEDGEMENT STATE OF IOWA ) SS: COUNTY OF JOHNSON ) 3 On this L day of 198, before me, the undersigned, a N y Publl,]*c n and for aid county, an s id st te, per ona ly appeared ! 41/u-1 i�l2e, and s,� � CG . d� Mayor and-ci y Cler6, respectively of the City of Iowa City, 0ecuting tlfe within and foregoing instrument; the seal affixed thereto as the seal of said corporation by authority of the City Council; and that the said City Clerk and Mayor acknowledged the execution of said agreement to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. _6?40Y,rl ��,qK Notar Public in and for the State of Iowa Johnson County J i 141CROFILMED DY l.' JORM-_MICR6L-A9 CEDAR RAPIDS • DES I401AES 3 S5� -I: AGREEMENT This Agreement is entered into between Gladys- Meyers P.outtiel hereafter "Owners" and the City of Iowa City, Iowa, a municipal corporation, hereafter "City." WHEREAS, it is in the public interest to make certain improvements along Dubuque Street between Washington and Iowa Avenue in Iowa City, Iowa, and to replace certain vault tops located in the right of way along Dubuque Street; and I ; WHEREAS, property owners have an obligation under Iowa law to maintain adjoining and abutting public ways including sidewalks and vaults; and WHEREAS, in the event the City chooses to replace the vault tops, i I Owners and City wish to set forth a cost-sharing arrangement for replace- ment of vault tops. I NOW THEREFORE BE IT AGREED AS FOLLOWS: I 1. In the event City decides to replace Owners' vault tops, Owners ( shall pay one-half (1/2) of the replacement cost for vault tops adjacent I and/or adjoining Owners' business and/or property, said amount not to exceed $ 1470.00 . In the event the City contract award is below the Engineering Estimate, Owners' share shall be reduced on a pro -rata basis. 2. In consideration for Owners' payment of one-half replacement costs, the City agrees to replace vault tops located at 23 South j rnuhnn� (street address), and more particularly described as I1 I follows: The south 20 feet of the north half of Lot 8, in Block 80 in Iowa City, Iowa, according to the recorded plat thereof; also a iright of way upon the north 4 feet of the east 23 feet of the I south half of said Lot 8, together with the right to use the area above the passageway as now in use, and the further right to erect and construct a building above the passageway as now in II use to the extent of the grantor's rights f i • I ! City further agrees to install or repair streetlights, sidewalks, curbs and gutters, trees, bikeracks and trash receptacles as the City deems ! necessary, at no additional cost to the property or business owners. 3. This Agreement shall be binding on the parties' successors in interest and shall be recorded in the Johnson County Recorder's Office. City shall pay recording costs. In the event all Owners do not agree to contribute the one-half share for vault top replacement along Dubuque Street between Washington and Iowa Avenue as deemed necessary in the City's determination, this Agreement shall be null and void and of no force and effect. 35:T' i IIICROERMED By �1 l 'DORM -MIC Rli/L A0 .(J I CEDAR RAPIDS • DES MOINES i 4 J i I � Dated this day of L/eTdB�� 1962. OWNERS: CITY: GLA YEAS OUTTIEL Mayor j BY1G� ATTEST: � ' Richar Mi er City Clerk Attorney -in -Fact I 0 Received A Approved By The legal Department _�zZ j 141CROF I LI4ED DY �. �_.. _JORM-'-MIC RdLA9_ CEDAR RAPIDS DES M014E5 3•�5' I I I I , I I I C 3 OWNERS' ACKNOWLEDGEMENT STATE OF IOWA SS: COUNTY OF JOHNSON ) On this day of 1982, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Richard C. Miller, acting as Power -of -Attorney for Gladys Meyers Douttie , to me known to be the identical persons named in and who executed the foregoing instrument, and acknowleqged, that they executed the same as their voluntary act and deed. Notary Public in and for said County and State CITY ACKNOWLEDGEMENT STATE OF IOWA ) SS: COUNTY OF JOHNSON ) / On this day of /�tc�/ 198$, before me, the undersigned, a N ry pubJ,ic in a for laid county, an aid state, personally appeared icy G'erce and Mayor and City Clerk respectively of the City of Iowa City,/executingithe within and foregoing instrument; the seal affixed thereto as the seal of said corporation by authority of the City Council; and that the said City Clerk and Mayor acknowledged the execution of said agreement to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notqky Public in and for the State of Iowa Johnson County i i 141 CROF ILI4ED BY 1 JORM -MICR#L-AB-- CEDAR RAPIDS DES MOINES i 3-50e II JI i RESOLUTION NO. 83-42 RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO AGREEMENT 81-3-032 WITH THE STATE OF IOWA, IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an addendum to an agreement with the Iowa Department of Transportation, a copy of said addendum being attached to h s Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said _addendum to agreement 81-3-032 with the t atp of IQwa. Iowa Department of Transportation Highway Division for the reconstruction of Tow- Primes Hiyh�w y 31. within Tnwa Pity 7 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the addendum with the Iowa Department of Transportation } 2. That the City Clerk shall furnish copies of said addendum to any citizen requesting same. I I It was moved by Balmer and seconded by Dickson that 1 the resolution as read be adopted, and upon roll call there were: f AYES: NAYS: ABSENT: x Balmer Ix Dickson _ x Erdahl x Lynch I x McDonald X Neuhauser I x Perret Passed and approved this 1st day of March 1983 i YVI.CA.1,lJ -M 1 AA&W I A of MAYOR i ATTEST:o ;� J -Ilo.� CITY CLERK <- Roeeived & Approved By Tho Legal Department � 777 _ 141CROFILMED BY _DORM-MICR6LA9_ CEDAR RAPIDS • DES 140I4ES + L... I Iowa Department of Transportation 430 16th Avenue SW, Cedar Rapids, IA 52404 319/364-0235 I i February 16, 1983 Ref. No. F-1-5(4)--20-52 Johnson County Reconstruction Contract No. 18721 Metro Pavers, Inc. Mr. Charles Schmadeke Director of Public Works Civic Center 410 E. Washington Street Iowa City, IA 52240 Dear Chuck: I have enclosed three (3) copies of the revised addendum to Agreement No. 81-3-032, Addendum No. 81-A-130. The f revised addendum includes actual quantities and costs of I sewer work to be billed to the City of Iowa City. These i figures were previously presented to you by Resident ' Engineer, Dick Kautz, and met with approval of you and your staff. Please secure the necessary Council approval and return all copies of the addendum to this office. Thank you for your cooperation on this matter. Very truly yours, I i I i Robert C. Henely District Engineer i RCH:mlb � I ' Enclosures I cc: F.O. Bloomfield Right of Way Iowa D.O.T., Ames Dick Kautz, R.C.E. Iowa D.O.T. S 141LROf ILIdED BY I1. JORM-MIC CEDAR RAPIDS DES MOINES i /� Iowa Department of Transportation 800 Lincoln Way, Ames, Iowa 50010 5151239-1527 March 22, 1983 Johnson County F-1-5(4&9)--20-52 Agreement 81-A-130 Ms. Abbie Stolfus ? City Clerk City Hall Iowa City, Iowa 52240 Dear Ms. Stolfus: Re: Storm Sewer Construction on Iowa 1 within the City Attached is a counterpart of the approved Addendum for the improvement on extension of Primary Road Number 1 in Johnson County, Iowa. We wish to take this opportunity to thank you for your cooperation in executing this instrument. This Agreement was approved by the Iowa Department of Transportation on March 21, 1983. Very truly yours, FAY 0. BLOOMFIELD Right of Way Director /, of A-%,,- / � Ed Fawkes Project Agreement Supervisor FOB:EF:ch Attachment cc: Robert C. Henely Bernie Ortgies Chuck Newhouse George Sisson Ron Morrow Bob Pratt Jan Wilson b MICROFIL14ED BY DORM' -'-MIC R#CAB' r CEDAR RAPIDS DES M014ES 3Gf ii� Order No.57— 3- 7/ I ADDENDUM TO AGREEMENT NO. 81-3-032 County Johnson City Iowa Cit Proj. No. F-1-5(4)--20-52 Addendum No. 81-A-130 IT IS AGREED by and between the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division and the City of Iowa City in Johnson County, Iowa (hereafter City) as follows: 1. The D.O.T. and the City entered into Preconstruction Project Agreement No. 81-3-032 for the reconstruction of Iowa Primary Highway No. 1 including its intersection with U.S. Primary Highway No.'s 6 and 218, all of which lie within the City. The Agreement was signed by the City and D.O.T. on June 2 and 30, 1981, respectively. 2. As a result of design changes adopted subsequent to the execution of Agreement 81-3-032 storm sewer revisions have been made which affect section no.'s 16 and 17 on pages 4 and 5 of said Agreement. Section no. 16 of said Agreement (100% City reimbursement) will be revised to read as follows: The following tabulation reflects those storm sewer related items which carry only city water and do not qualify for cost sharing. The total cost of these items is $41,991.20 and will be borne entirely by the City. Actual Quantities ** 20 L.F. 15" 1500D storm sewer 70.0 L.F. 72" 1500D storm sewer * 114 L.F. 30" 1500D storm sewer ** 25 L.F. 24" 2000D storm sewer ** 24 L.F. 15" 2000D storm sewer ** 39 L.F. 15" 1500D storm sewer ** 18 L.F. 15" 1500D storm sewer ** 36 L.F. 18" 1500D storm sewer ** 32 L.F. 18" 2000D storm sewer ** 82 L.F. 18" 2000D storm sewer ** 226 L.F. 18" 1500D storm sewer 26 L.F. 15" 2000D storm sewer 298 L.F. 15" 1500D storm sewer j 141CROFILMED BY - JORM 'MIC 76LA8 CEDAR RAPIDS DES MD I;IES I (line 9) (line 17A) (line 17D) (line 17E) (line 25) (line 26) (line 30) (line 33) (line 37A) (line 37) (line 37) (line 47) (line 48) -3G14C V1 - 2 - , f 1 MICROPIL14ED DY --JOR6T-MICROLAB'- � _I CEDAR RAPIDS • DES MOIYES 310P, J Actual Quantities ** 68 L.F. 18" 1500D storm sewer (line 49) •* (11) RA3 Intakes (No.'s 8,17D,24,25,28,35,39,45,46,47) ++ (1) RA5 intake (No. 31) (1) Special Manhole (line 15A) *+ (1) 18" Intake Apron and Guard (No. 35A) *+ (1) 15" Apron (line 9) (1) 72" Apron (line 17A) Total $ 41,991.20 The following summary and tabulation will replace section no. 17 of said Agreement (81-3-032): it is agreed that the City will reimburse the D.O.T. for 87% of the actual cost for longitudinal and outlet storm sewer, as shown below: The total cost of the longitudinal and outlet storm sewer installation is $237,549.40 ($30,881.42 D.O.T., $206,667.98 City). Below is a list of the quantities for said storm sewer. Actual Quantities i 8 L.F. 18" 1500D storm sewer (line 10) 8 L.F. 18" 1500D storm sewer (line 12) ** 300 L.F. 36" 1500D storm sewer (line 13A) * 72 L.F. 36" 2000D storm sewer (line 13) ** 6 L.F. 36" 1500D storm sewer (line 14A) 379.0 L.F. 72" 1500D storm sewer (line 17) 164.3 L.F. 72" 1500D storm sewer (line 17B) ** 2 L.F. 24" 2000D storm sewer (line 17C) ** 12 L.F. 24" 1500D storm sewer (line 18) ** 18 L.F. 36" 1500D storm sewer (line 19A) 303.3 L.F. 72" 1500D storm sewer (line 20) 132.7 L.F. 72" 1500D storm sewer (line 21/22) * 12 L.F. 18" 1500D storm sewer (line 23) 614.3 L.F. 72" 1500D storm sewer (line 27) 196 L.F. 18" 1500D storm sewer (line 42) ** (3) RA1 Mod. Manholes (No.s 11,12,17A) (5) Special Manholes (No.'s 15,18,20,23,32) * (1) 15" on 72" tee (line 27) ** (3) 18" on 36" tees (line 11,13A) * (2) 24" on 72" tee (line 178,18) ** (1) 30" on 72" tee (line 17D) * (2) 18" on 72" tee (lines 27,42) , f 1 MICROPIL14ED DY --JOR6T-MICROLAB'- � _I CEDAR RAPIDS • DES MOIYES 310P, J Actual Quantities ** (1) Reconstruct Manhole (No. 18) ** 204 L.F. 18" 1500D storm sewer, remove and relay (line 42) ** (1) RAI Manhole (No. 42) i ** 28 L.F. 15" 1500D storm sewer (line 27A) ** (1) Concrete Pipe Connection (line 27A) Total $ 237 .549.40 87% City $ 206,667.98 (*) Denotes an item change (**) Denotes new addition The City will reimburse the D.O.T. for 100% of the additional cost to the project for extending the 72" storm sewer (line no. 34) easterly to the Iowa River as per section no. 18, page 6, of j Agreement 81-3-032. Actual cost is $98,154.32, The D.O.T. agrees to reimburse the City for 100% of the cost to construct a sanitary sewer line on the south side of Highway 1 from Sta. 1168+00 to Sta. 1175+00. Actual cost is $14,530.00. Upon completion of project construction and proper billing by the D,O.T T. the City will reimburse the D.O.T. for $332,283.50 which represents the total sewer construction costs attributable to the City in section no. 2 of this Agreement ($41,991.20 + $206,667.98 + $98,154.32 - $14,530.00). 3. All provisions set forth in Agreement No. 81-3-032 which are not revised or in any way affected by this Addendum shall remain in full force and effect. 4. This Addendum may be executed in two counterparts each whichof be and both shall econstitute lbut one mand tthe esame oinstrument. d •T f i. County Johnson F-1-5(9)--20-52 Project No. F-1-5(4)--20-52 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 81-A-130 as of the date shown opposite its signature below. City of Iowa City By: -W J4 C - 1A March 1 1983 Title: Mayor 1, Marian K. Karr certify that I am the'c6l%lk of the CITY, and that Mary C. Neuhauser Mayor, who signed said Addendum for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution, Resolution No. 83-42 duly passed and adopted by the CITY, on the 1st day of March 1983 Received & Approved BY The Legal Department Signed AML. City Clerk of Iowa Cit, Iowa March 1 19 83 IOWA DEPARTMENT OF TRANSPORTATION By: 19 F3 Right of ay Director Highway Division ATTEST - BY: 04� MICROFILMED BY VORM -MOCR46 A CEDAR R L ANDS DES'1]4017� A G R E E.M E N T Ordar No. _5J :1950 COUNTY Johnson CITY Iowa City PROJ. N0. F-1-5(9)--20-52 F-1-5(4)--20-52 Iowa D.O.T. 81-3-032 AGREEMENT NO. IT IS AGREED by and between the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division and the City of Iowa City in Johnson County, Iowa (hereafter City) as follows: i� 1. The D.O.T. and the City entered Agreement 78-1-190 for D.O.T. right of way acquisition on Iowa Primary Highway No. 1 within the City. The Agreement was signed by the City and D.O.T. on December 20, 1978, and January 9, 1979, respectively. 2. The D.O.T. may, proceed at its discretion to let a project for reconstruction of Iowa Primary Highway No. 1 within the City from its intersection with the City's south corporation line near Sunset Street (Station 124+18) extending northerly and easterly through the south junction of Iowa Primary Highway No. 1 and U.S. Primary Highway No.'s 6 and 218 to a point located approximately 420 ft. southeast of said junction on U.S. 6 (at Station 1187+00) and from approximately 1146 ft. south (on U.S. 218 at Station 491+36.50) to approximately 667 ft. north (on combined Iowa 1, U.S. 6 and U.S. 218 at Station 509+50) of said junction respectively. 3. The proposed project as described in section 2 above will provide for a four -lane divided Portland Cement Concrete roadway. i 4. The following city street intersections will be reconstructed as described and will be temporarily closed during the construction period: a) Sunset Street will be reconstructed from its junction with Iowa 1, extending northwesterly approximately 416 ft. _ MICROFILMED BY .�... 1. _JORM _. MICR6LAE3` CEDAR RAPIDS DES MOINES I / I lid ;i A G R E E.M E N T Ordar No. _5J :1950 COUNTY Johnson CITY Iowa City PROJ. N0. F-1-5(9)--20-52 F-1-5(4)--20-52 Iowa D.O.T. 81-3-032 AGREEMENT NO. IT IS AGREED by and between the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division and the City of Iowa City in Johnson County, Iowa (hereafter City) as follows: i� 1. The D.O.T. and the City entered Agreement 78-1-190 for D.O.T. right of way acquisition on Iowa Primary Highway No. 1 within the City. The Agreement was signed by the City and D.O.T. on December 20, 1978, and January 9, 1979, respectively. 2. The D.O.T. may, proceed at its discretion to let a project for reconstruction of Iowa Primary Highway No. 1 within the City from its intersection with the City's south corporation line near Sunset Street (Station 124+18) extending northerly and easterly through the south junction of Iowa Primary Highway No. 1 and U.S. Primary Highway No.'s 6 and 218 to a point located approximately 420 ft. southeast of said junction on U.S. 6 (at Station 1187+00) and from approximately 1146 ft. south (on U.S. 218 at Station 491+36.50) to approximately 667 ft. north (on combined Iowa 1, U.S. 6 and U.S. 218 at Station 509+50) of said junction respectively. 3. The proposed project as described in section 2 above will provide for a four -lane divided Portland Cement Concrete roadway. i 4. The following city street intersections will be reconstructed as described and will be temporarily closed during the construction period: a) Sunset Street will be reconstructed from its junction with Iowa 1, extending northwesterly approximately 416 ft. _ MICROFILMED BY .�... 1. _JORM _. MICR6LAE3` CEDAR RAPIDS DES MOINES I / I lid -2- b) The easterly extension of Ashley Drive will be permanently closed at its junction with Iowa 1 and a cul-de-sac will be constructed. The westerly extension of Ashley Drive will form a reconstructed intersection with Sunset Street. c) Miller Avenue will be reconstructed from its junction with Iowa 1 extending northerly approximately 83 ft. d) Hudson Avenue will be reconstructed from its junction with Iowa 1 extending northerly approxi- mately 86 ft. e) Orchard Street will be reconstructed from its junction with Iowa 1 extending northeasterly approximately 70 ft, l �i 5. The following construction will be let by the D.O.T. in conjunction with the Iowa 1, related construction described herein: a) Benton Street will be reconstructed from its junction with Orchard Street (one block west of combined Primary Highway No.'s 1, 6, 218) extending easterly to the Iowa River bridge. The proposed facility will provide for a Portland Cement Concrete curbed roadway. b) Riverside Drive (at its junction with Benton Street) will be reconstructed from a point located approximately 400 ft. + north of Benton Street extending southerly to a tie-in with reconstruction at the intersection of Primary Highway No.'s 11 6 and 218. The proposed facility will provide for a Portland Cement Concrete curbed roadway with median tapers located north and south of Benton Street. Total cost for the construction described in sections Sa and 5b above will be borne by the D.O.T. and the City on a 50$/508 basis and shall include any and all right of way acquisition and construction related items. The D.O.T. shall let the above construction in conjunction With e Iowa 1 t. will beaccomplished oupon nCOMP City reimbursement ion of (5o%) proper billing by the D.O.T. ion and At such time that project plans are completed, an addendum will be submitted to the City. 36y i MICROFILMED BY � _ DORM ��MIC R�/C AB � CEDAR RAPIDS • DES MOI S �r i� J i i -3- 6. The D.O.T. will develop and construct the Projects, as described, in accordance with said project plans and bear all costs incident thereto except those costs for �1 which the City is made specifically liable for hereunder. 7. Project construction as described in sections 2-5 herein must be staged to insure safe traffic flow and proper access between various parts of the City during the construction period. The following staging is proposed for construction of this project: l a) In the 1981 construction season, Iowa 1 will be reconstructed from its junction with proposed Freeway 518 south of the City extending northerly and easterly into the City to the west edge of the Primary Highway No.'s 1, 6 and 218 intersection. b) All other items listed in sections 2-5 herein shall be constructed in the 1982 construction season and will be completed and open to traffic prior to September 15, 1982. !` t x�xxzxr,�cr�gr�.�zxaacr��zcxsztczad�xX�.aacr,����rawx�rocttax� ,, xY�azXxzlsx�c�ca��xx�[Xz�cra�xxca�xx,�c�larx�aaz#xxocxa�c4cxzbxxxR �����craaXx>nucacX E: The City further agrees, upon completion of the project, that no changes in the physical features thereof will be undertaken or permitted without the prior written con- sent of the D.O.T. 9. The City agrees that the D.O.T. may temporarily close to traffic across the project all streets or all which intersect the project after notice to the City. I' 10. The D.O.T. will install adequate traffic control devices at the streets and alleys temporarily closed during the project. 11. The D.O.T. will stage this project to provide for through traffic during the construction period. Should traffic volumes become too high at the south junction of Iowa 1, U.S. 6 and U.S. 218, the D.O.T. will use Gilbert and Benton Streets as a U.S. 6 detour during construction of the south junction of Iowa 1, U.S. 6 and U.S. 218. The D.O.T. will be responsible for the detour signing and maintenance, all at no cost to the City, j j MICROFIL14ED BY -,JORM -MICR46LAB` L1"••... % CEDAR RAVIDS • DES MOINES j, i i 12, Responsibilities for construction, maintenance, signing, sidewalks and utilities shall be in accord with Section 820.06, Chapter 1, Article P, of the Iowa Adminis- trative Code. The D.O.T. will at no cost to the City construct all replacement sidewalk affected by this project. The City will be responsible for relocating any City owned utilities which are affected by this project, all at no cost to the D.O.T. All other utility relo- cations (privately owned) have been provided for by utility agreements and waivers of statutory notice which have been executed through the D.O.T. 13, A separate contract will be let at a later date for construction of traffic signals within this project area. A traffic signal agreement will be submitted to the City prior to the letting. The D.O.T. will be responsible for traffic signal construction at no cost to the City. UpcLn completion of construction, the City shall thereafter be responsible for all future energy and maintenance costs associated with said signals, all at no cost to the D.O.T. '14. Any costs incurred by the City in performing its obligations hereunder shall be borne exclusively by the City, without reimbursement by the D.O.T. 15.. If a hearing is necessary for the permanent closure of Ashley Drive at its intersection with Iowa Primary .Highway No. 1, the City will conduct same in accordance with Section 306.11 of the Code of Iowa, all at no expense or obligation to the D.O.T. The D.O.T. will participate in the hearing. 16. The following tabulation reflects those storm sewer related items which carry only city water and do not qualify for cost sharing. The total cost of these items is estimated at approximately $22,623 and will be borne entirely by the City. Estimated Quantities 58 L.F. 72" 1500D storm sewer' (line 17A) i 58 L.F. 30" 1500D storm sewer (line 17D) 12 L.F. 24" 1500D storm sewer (line 18) 26 L.F. 15" 2000D storm sewer (line 47) i 300 L.F. 15" 1500D storm sewer (line 48) j (1) RA19 Intake (No. 16) (1) Special Manhole (No. 15A) (1) 72" Concrete Apron (line 17A) (1) 30" Concrete Apron (line 17D) Estimated Total X22,623 oo i MICROFILMED BY � 'DORM -"MIC REIL AB I+ CEDAR RAPIDS • DES MOME5 r. ;r L -5- 17. It is agreed that the City will reimburse the D.O.T. for 87% of the actual cost for longitudinal and outlet storm sewer, as shown below. The total cost of the longitudinal and outlet storm sewer installation is estimated to be $306,947 ($39,903 D.O.T. and $267,044 City). Below is a list of the estimated quantities for the said storm sewer. Estimated Quantities 20 L.F. 30" 2000D storm sewer (line 6) 49 L.F. 30" 2000D storm sewer (line 7) 20 L.F. 30" 2000D storm sewer (line 8) 8 L.F. 18" 1500D storm sewer (line 10) 66 L.F. 36" 2000D storm sewer (line 11) 8 L.F. 18" 1500D storm sewer (line 12) 74 L.F. 24" 2000D storm sewer (line 13) 28 L.F. 36" 1500D storm sewer (line 14) 17 L.F. 36" 1500D storm sewer (line 16) 375 L.F. 72" 1500D storm sewer (line 17) 166 L.F. 72" 1500D storm sewer (line 17B) 303 L.F. 72" 1500D storm sewer (line 20) 32 L.F. 72" 1500D storm sewer (line 21) 100 L.F. 72" 1500D storm sewer (line 22) 27 L.F. 24" 1500D storm sewer (line 23) 26 L.F. 15" 2000D storm sewer (line 25) 44 L.F. 15" 1500D storm sewer (line 26) 617 L.F. 72" 1500D storm sewer (line 27) 21 L.F. 15" 1500D storm sewer (line 30) 45 L.F. 18" 1500D storm sewer (line 33) 209 L.F. 15" 1500D storm sewer (line 39) 204 L.F. 18" 1500D storm sewer (line 42) (6) Special Manholes (No.'s 15, 18, 19, 20, 23, 32) (2) 15" on 72" tees (line 27) (1) 18" on 72" tee (line 42) (1) 24" on 72'.' tee (line 17B) Estimated TotalT306,94-7 87% City 267,044 Upon completion of project construction and proper billing by the D.O.T., the City will reimburse the D.O.T. for approximately $289,667 which represents the total estimated storm sewer construction costs attributable to the City in section No.'s 17 and 18 of this Agreement ($22,623 + $267,044) i I 18. The D.O.T. will rip rap the south U.S. 6 ditch located east of U.S. 218 with P.C. Concrete commencing at the proposed outlet of line No. 34 (72" storm sewer) extending easterly to the Iowa River. Should the City desire to extend the 72" storm sewer (line No. 34) in this area, they shall assume 100 percent of the actual cost associated therewith, 19, The City in accordance with Section 306.4(3), Code of Iowa and Section 820.06(1.2c), Chapter 1, Article 1 P, of the Iowa Administrative Code, shall discontinue and prohibit any use of project right of way for business purposes. The City shall prevent.any future encroachment or obstruction within the limits of project right of way. 20, The City agrees to permit the removal of any trees within the limits of the established street that will interfere with the construction of the project. 21. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance of the stop signs and on the exit sides of the minor streets for a distance of 35 ft. beyond the far crosswalks. Parking shall be prohibited on the project. 22. Subject to the approval of, and without expense to the D.O.T., the City agrees to perform (or cause to be performed by sending proper notification), all relo- cations, alterations, adjustments or removals of utility facilities, including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, as well as any other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the Project, all in accordance with the Utility Accommodation Policy of the D.O.T. i 23. It is agreed that no new or future utility occupancy of Project right of way, nor any future relocations of or alterations to existing utilities within such limits, shall be permitted or undertaken by the City without the prior written consent of the D.O.T. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the D.O.T. 24. All storm sewers constructed by the D.O.T. as a part of. said Project shall become the property of the City, which shall be responsible for their maintenance and operations. The City shall not make any connections it to said storm sewers without the prior notification of the D.O.T. The City shall take all appropriate measures 3G br, m•nv,:n l- ...n r,r , r•h of-n,-,n �n ..n ,-r or-� .. �... .. .. .....,.- 1 i 111CROFILMED DY �- -JORM-MICR6LA13 CEDAR RAPIDS DES MOINES C f -- 25. The City shall be responsible for providing without cost to the D.O.T. all right of way which involves; (a) dedicated streets or alleys, and (b) other City -owned lands, except park lands, subject to the condition that the D.O.T. shall reimburse the City for the value of improvements situated on such other City -owned lands, if any. The City has apprised itself of the value of these lands and, as a portion of their participation in the project, voluntarily agree to make such lands available without further compensation. The D.O.T. shall be responsible for acquisition of all other right of way. 26. Right of way acquisition for this project is covered by Agreement 78-1-190 which was signed by the City and D.O.T. on December 20, 1978, and January 9, 1979, respectively. 27. The CITY, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree that; (1) no person on the ground of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be other- wise subject to discrimination in the use of said facilities, (2) that in the construction of any improve- ments on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, or national origin shall be excluded from partici- pation in, denied the benefits of or otherwise be subjected to discrimination, (3) that the City shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of i Federal regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 Nondiscrimi- nation in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended and Title 23 U.S. Code Section 324, Prohibition of Discrimination on the basis of sex. 28. If any section, provision or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or any section, provision or part thereof not found to be invalid or unconstitutional. i I P9. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original and both shall constitute but one and the same instrument. i 361 i Id ICROEILMED BY i )- .—DORM -MICR6LAE3 I CEDAR RAPIDS DES MOIRES / County Johnson }4di Project No. F-1-5(9)--20-52 S. r' IN WITNESS WHEREOF, each of the partiesFhereto)has0executed r . Agreement No. 81-33032 as of the date shown opposite it's isignature below. Cit of Iowa Cit L�19 Title: Mayor I, Abbie Seolfus , certify that I am the Clerk of the CITY, and that John R. Balmer Mayor, who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution, Resolution No. 81-129 , duly passed and adopted by the CITY, on the 2nd day of June 19 81 , I Signed Nor/��• City Clerk of _Iowa City , Iowa June 2 , 19 81 I IOWA DEPARTMENT OF TRANSPORTATION BY: l/ t o � _ 19 S Right o Way Director � Date Highway Division ATTEST: BY: � / / e;%(, < G2 i 1 i .369 1 t 7 / MICROFILMED BY L DORM 49 ( (; I CEDAR RAPIDS IDS • DCS DES L.MOIRES i / �p7L LG���•�q RESOLUTION NO. 83=43 A RESOLUTION SETTING LEGAL HOLIDAYS FOR PARKING METERS, PARKING LOTS AND MULTI-LEVEL PARKING FACILITIES. WHEREAS, Chapter 23, Article VIII, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots; and WHEREAS, Resolutions No. 77-168 and 79-441 designate certain legal holidays with regard to the use of parking meters, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: Effective March 1, 1983, Resolutions 77-168 and 79-441 be repealed and the legal holidays for parking meters, parking lots and multi-level facilities be as follows: a. New Year's Day (the first day of January) b. Memorial Day (the last Monday of May) C. Independence Day (the fourth day of July) d. Labor Day (the first Monday of September) e. Thanksgiving Day (the fourth Thursday of November) f. Christmas Day (the twenty-fifth day of December) It was moved by Perret and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 1st day of March , 1983. ATTEST: JLEW ITY CLERK ' ay 7ha L^gc1 Uzgr�In;:n► 365 i MICROFILMED BY �r '- -1-JORM"-MICR6LA CEDAR RAPIDS DESM' I ' U City of Iowa City MEMORANDUM DATE: March 1, 1983 TO: City Council FROM: City Manager _X?t / RE: Special Assessment Projects - Sidewalk on Kimball Road and Paving of St. Anne's Drive Yesterday you asked about the estimated cost for these projects. The Kimball Road project consists of approximately 2,700 square feet of sidewalk an the east side of Kimball Road north to Whiting Avenue. The estimated cost of the project is $27,492.91 of which $12,601.91 will be assessed and $14,891 would be paid for by the City. The City's share is primarily curbing and some concrete street work. There currently is no curbing in this area. The St. Anne's Drive project consists of seven-inch paving for 724 feet from the east end of the existing paving on Foster Road to Prairie du Chien Road. The total estimated cost is $103,802.74 of which $100,365.24 will be assessed and $3,437.50 will be assumed by the City. cc: Chuck Schmadeke MICROFILMED BY DORM --MICR# B- -� CEDAR RAPIDS DES M019ES 367, 0 r . ,J March 1 , 1983 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at 7;30 o'clock P.M., on the above date. There were present Mayor Mary C. Neuhauser , in the chair, and the following named Council Members: Balmer, Dickson, Lynch, McDonald, Perret Absent: Erdahl -1- AHLERS. COONEY. DORWEILER. MAYN IES SMITH. LAWYERS, DES MOINES. IOWA 367 • 141CROFIL14ED BY J0RM-"-MICR#C,4B- CEDAR RAPIDS • DES 110INES / Balmer introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 83-44 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that 4" concrete sidewalk be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct 4" concrete sidewalk, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: 4 inch concrete sidewalk, 4 feet wide on the east side of Kimball Road from Kimball Avenue North to Whiting Avenue. -2- AHLERS• COONEY. DORWEILER. HAYNIE h SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY ^ ... _.__,.�.� L. _l .. DORM""MICR�LAO` CEDAR RAPIDS • DES MOINES I!I -- 1 1 - -19 Subdivision C. That Frank Farmer, City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk prelimi- nary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: All properties abutting along the line of the improvements on the east side of Kimball Road. Subdivision E. The said improvement shall be designated as the Kimball Road Special Sidewalk Assessment Project - 1983", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 1st day of March 1983. ATTEST: -3- AHLERS. GOONEY. DORWEILER. HAYNIC A SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY- -.-" JORM'--MICR#LA9- j CEDAR RAPIDS • DES I•IOINES I) 367 NRintroduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Lvnch seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 83-45 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the Kimball Road Special Sidewalk Assessment Project - 1983, said valuation being set forth in a preliminary schedule entitled "Schedule of Assessment", under the column therein headed "Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boun- daries of said improvements and the Clerk is hereby directed to forthwith deliver the same to Frank Farmer, City Engineer, the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 1st day of March 1983. � Mayor ATTEST: -4- AHLERS. GOONEY. DORWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES, IOWA I 141CROFIL14ED BY JORM:.._MIC 76L -A Ia- CEDAR RAPIDS 0 ES MOINES -"7 L Balmer introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983" and moved its adoption. Lynch seconded the motion to adopt. The roll was called and the vote was, i AYES: Perret Balmer Dickson, Lynch, I McDonald, Neuhauser NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 83-46 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983 WHEREAS, this Council has caused to be prepared prelimi- nary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the Kimball Road Special Sidewalk Assessment Project - 1983, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boun- daries for said Kimball Road Special Sidewalk Assessment Project - 1983. -5- AHLERS, COONEY. DORW EILER. HAYNIE A SM ITI1. LAWYERS. DES MOINES. IOW A f I41CROFIL14ED BY DORM 'MIC R�L'AB- ff CEDAR RAPIDS DES MOMES I A t. ... _. .. .. _ .. ..-_ I 3ev9 PASSED AND APPROVED, this 1st day of March , 1983. ATTEST: -6- AHLERS. GOONEY. DORWEILER. HAYNIE& SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY -" J0AN-'-MICR#LA6-- CEDAR RAPIDS • DES MOMES I ..I 369 I rs Balmer introduced the following Resolution entitled "RESOLUTION OF NECESSITY", and moved its adoption. Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 83-47 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the Kimball Road Special Sidewalk Assessment Project - 1983, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the Kimball Road Special Sidewalk Assessment Project - 1983, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set, out in this Resolution of Necessity. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. The method of construction shall be by contract. -7- AHLERS. GOONEY. OORWEILER. HAYNIES SMITH. LAWYERS. DEs MOIN MICROFILMED BY JORMMICR6ClN CEDAR RAPIDS DES ME] NES I� d/ 9 J_ Costs of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 258 of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 730 i o'clock �.M., on the 29th day ofMarch , 19831 in the Council Chambers, Civic Center, 410 E. Washington St., for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this resolution of necessity, he shall j be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using spe- cial assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substan- tially the following form: i -8- AHLERS. COONEY. DORWEILER• HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA L 141CROFILIIED BY JORM--'MIC R4IL'A B` Lj CEDAR RAPIDS • DES t4DI4E5 l - -- 370 I. J (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an esti- mate of costs and plat and schedule showing the amounts pro- posed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sidewalk improvement, designated as the Kimball Road Special Sidewalk Assessment Project - 1983, of the types and in the location as follows: 4 inch concrete sidewalk, 4 feet wide on the east side of Kimball Road from Kimball Avenue North to Whiting Avenue. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: All properties abutting along the line of the impro- vements on the east side of Kimball Road. The Council will meet at 7:30— o'clock p M., on the 29th day of March_, 1983, at the Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa, at which time the owners of property subject to assessment for the pro- posed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. !%�l/I.Iin� iE 7CnJ4n C1 rk, Iowa City, Iowa (END OF NOTICE) -9- A HLER5. GOONEY. DORWEILER. HAYN I Ed SM I TH. LAWYER% DES MOINES. IOWA I i 1111111IL14EI DY �.. JORNI--MICRbL"AB' -- CEDAR RAPIDS DES M014ES 370 R R i I APPROVED AND PROPOSED at a meeting held on the 1st day of March , 1983. an� I M.-1 ATTEST: —10— AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DEB MOINES. IOWA 370 i 1 - 141CROFILMED BY JORM -MICR#LAff- L CEDAR RAPIDS • DES MOINES •fJ I�. b"oc /1•H ,cf/ i (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: March 1, 1983 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington St., Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Procedure to initiate the Kimball Road Special Sidewalk Assessment. Project - 1983. - Preliminary resolution for construction. - Resolution fixing values of lots. - Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications. - Resolution of necessity. Such additional matters as are set forth on the addi- tional 12 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. Ci .y Clerk, Iowa City, Iowt AHLCRS• COONEY. DOnWCILCR. HAYNIC 6 SMITH. LAWYERS, DCS MOINES. IOWA 141CROFILIIED BY I 1-... I—J0RM--M1CR6L:JA13'-CEDAR RAPIDS DESMO 374 N March 1 , 1983 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 Mary C Neuhauser in the chair, and the following named Council Members: Kalmar. Dickson Lynch McDonald Perret Absent: Erdahl —1— AHLERS• GOONEY. DORW FILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA i MICROFILMED BY JORM-MICR#L"A I 0__ CEDAR RAPIDS • DES MOINES 37( 41` McDonald introduced the following Resolution entitled "PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Perret seconded the motion to adopt. T e roll was ca ed and the vote was, AYES: Dickson, Lynch, McDonald, Neuhauser, Perret, Balmer NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 83-48 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that 7" concrete pavement be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct 7" concrete pavement, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: i 7" concrete pavement on St. Anne's Drive from the East end of the existing pavement on Foster Road, East 724' to i Prairie du Chien Road. i Subdivision C. That City Engineer of Iowa City, having e been employed as ngineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered -2- AHLERS. COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA .317/ I _ it MICROFILMED BY r�- I-JORM -M1C RfiIL'AB- (/ I CEDAR RAPIDS • DES MOIRES / to prepare and file with the Clerk preliminary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: All or parts of Lots 7-21, 26, 27, 28, 29, Conway's Subdivision of a part of Section 3, T 79, R 6, Outlots A, B, and C Xi4XSXklE XXX of the resubdivision of Lot 30, Conway's Subdivision. Commencing at the Nally corner of Lot 21 Conway's Subdivision of a part of Section 3, T 79 N, Range 6, West of the 5th P.M., thence NEly 130' to a point on the N line of said subdivision, thence Wly 150', to a point, thence SEly 85.21' to the point of beginning. Commencing at a point that is 66' W and 160' S of the NE corner of the NW1/4 of the NEI/4 of Section 3, T 79 N, Range i 6, West of the 5th P.M., thence S 155.751, thence E 566.75' to the point of beginning; thence N 641; thence 1 NWly 921; thence W 2421; thence Sally 1281; thence SEly 981; thence E 345' to the point of beginning. i i Commencing at the NE corner of Section 3, T 79 N, Range 6, s - West of the 5th P.M., thence west along the N section line 656.7', thence due south 176.71, thence due west along the present fence line 134.9' to a point, thence south 64' along a fence line to the point of beginning, thence south i 64' along said fence line to a point, thence due Nally 82' to a point on the N line of said Lot, thence Wly 21' to the point of beginning. j ! Subdivision E. The said improvement shall be designated as the St. Anne's Drive Special Paving Project -198311, and such name shall be a sufficient designation to refer to said impro- vement in all subsequent proceedings. PASSED AND APPROVED this 1st day of March , 1983. ADA ATTEST: Mayor C1br Aa' -3- AHLERS, COONEY. DORWEILER, HAYNIE! SMITH, LAWYERS, DEB MOINES, IOWA 37/ 141CROFILMED BY .� .` -JOR M'MIC Rb C -d B'_ f CEDAR RAPIDS DES MOINES - -� t - I I ' McDonald introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and i moved its adoption. Perret seconded the motion to adopt. The roll was called and the vote was, i AYES: Dickson, Lynch, McDonald, Neuhauser, i Perret, Balmer NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 83-49 I RESOLUTION FIXING VALUES OF LOTS j WHEREAS, this Council after full investigation, has ? arrived at a determination of the value of each lot located i within the St. Anne's Drive Special Paving Project -1983, said valuation being set forth in a preliminary schedule entitled "Schedule of Assessment.", under the column therein headed "Property Valuation": j f NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: _ That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boun- daries of said improvements and the Clerk is hereby directed to forthwith deliver the same to City Engineer, the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 1st day of March , 1983. ATTEST: -4- AHLERS. GOONEY. DORWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA I 141CROFILMED BY I I"- DORM B "--MICRbL`A'- CEDAR RAPIDS DES MOIIES 37a McDonald introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ST. ANNE'S DRIVE SPECIAL PAVING PROJECT -1983" and moved its adoption. Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, Lynch, McDonald, Neuhauser, Perret, Balmer NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 83-50 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ST. ANNE'S DRIVE SPECIAL PAVING PROJECT -1983 WHEREAS, this Council has caused to be prepared prelimi- nary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the St. Anne's Drive Special Paving Project -1983, and this Council has fixed i the valuations of the property proposed to be assessed as shown therein; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boun- daries for said St. Anne's Drive Special Paving Project -1983. -5- AHLERS. GOONEY. OORWEILER. HAYNIE A SMITH, LAWYERS. DES MOINES. IOWA I v MICROFIL14ED BY -1-.."- JORM -MICR#L-Ae1'_ --- CEDAR RAPIDS • DES MOINES 37-3 N PASSED AND APPROVED, this 1St day of March 1983. ATTEST: -6- A HLERS. GOONEY. DORWEILER. HAYNIF&SMITH. LAWYERS. DES MOINES, IOWA 3 73 MICROFILMED By CEDAR RAPIDS • DES MOINES r McDonald introduced the following Resolution entitled "RESOLUTION OF NECESSITY", and moved its adoption. Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson Lynch McDonald, Neuhauser, Perret, Balmer NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 83-51 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district., containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the St. Anne's Drive Special Paving Project -1983, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the St. Anne's Drive Special Paving Project -1983, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property I Owners", set out in this Resolution of Necessity. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. The method of construction shall be by contract. i -7- AHLERS, COON EY. DORWEILER, HAYNIE & SMITH. LAWYERS. DEB MOINES, IOWA 37V i 1 MICROFILMED BY I DORM"" -MIC RCA B��- CEDAR RAPIDS DES MDINES l / / Costs of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 258 of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. i Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost — - -- of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at o'clock _.M., on the �h day of Marrh . 1983, in the Council Chambers, Civic Center, 410 E. Washington Street, { for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this resolution of necessity, he shall be deemed to have waived all objections j pertaining to the regularity of the proceedings and the lega- lity of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as i required by law of the pendency of this resolution and of the I time and place of hearing objections thereto, and to the said j preliminary plans and specifications, estimate of costs and to j the making of said improvements; said Notice to be in substan- tially the following form: I I 8- A HLERS. -AHLERS. COONEY. DORWEILER. HAYN IEA SMITH. LAWYERS. DES MOINES. IOWA / i (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an esti- mate of costs and plat and schedule showing the amounts pro- posed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a street improvement, designated as the St. Anne's Drive Special Paving Project -1983, of the types and in the location as follows: 711 concrete pavement on St. Anne's Drive from the East end of the existing pavement on Foster Road, East 724' to Prairie du Chien Road. j That the proposed district to be benefited and subject to i assessment for the cost of such improvements is described as follows: j All or parts of Lots 7-21, 26, 27, 28, 29, Conway's Subdivision of a part of Section 3, T 79, R 6, Outlots A, B, and C a(NAXM0XX% of the resubdivision of Lot 30, Conway's Subdivision. Commencing at the NWly corner of Lot 21 Conway's i Subdivision of a part of Section 3, T 79 N, Range 6, West of the 5th P.M., thence NEly 130' to a point on the N line ) of said subdivision, thence Wly 1501, to a point, thence SEly 85.21' to the point of beginning. Commencing at a point that is 66' W and 160' S of the NE C corner of the NWI/4 of the NEV4 of Section 3, T 79 N, Range 6, West. of the 5th P.M., thence S 155.751, thence E 566.75' to the point of beginning; thence N 641; thence Nally 921; thence W 2421; thence Sally 1281; thence SEly 981; thence E 345' to the point of beginning. Commencing at the NE corner of Section 3, T 79 N, Range 6, West of the 5th P.M., thence west along the N section line 656.71, thence due south 176.71, thence due west along the present fence line 134.9' to a point, thence south 64' along a fence line to the point of beginning, thence south 64' along said fence line to a point, thence due NWly 82' to a point on the N line of said Lot, thence Wly 21' to the point of beginning. C -9- 1 AHLERS. COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS, DES MOINES. IOWA 1111 3V r ` MICROFILMED BY �._ JOR M" -MIC R#L: ` !J CEDAR RAPIDS DES MOVIES i 1 I The Council will meet at 7:g0 o'clock p M., on the 29th day of March , 1983, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. CIL-rk, Iowa City, Iowa (END OF NOTICE) -10- A HLERS. 10-AHLERS. COON EY. DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES. IOWA 37Y 11 /,--0 MICROFILMED BY - JO RIVI--MICR!'+LA B� - I CEDAR RAPIDS • DES MOINES / APPROVED AND PROPOSED at a meeting held on the 1st day of March , 1983. ATTEST: -11- AHLERS. GOONEY. DORWEILER. HAYN IES SMITH, LAWYERS. DES MOINES. IOWA JORM"-MICR#LAB CEDAR RAPIDS DES MD]NES I