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HomeMy WebLinkAbout1983-04-26 Resolution"'-�7 RESOLUTION NO. 83-92 _ RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR VAN BUREN VILLAGE WHEREAS, the owner, Van Buren Village, Ltd., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Residential Development (LSRD) plan for the following described real estate located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the Northwest corner of Block 8 of Lyon's 2nd Addition to Iowa City, Iowa, in accordance with Plat of Survey recorded in Plat Book 3, Page 392 of the Johnson County Recorder's Office; Thence S 00°00'00" W (Assumed Bearing) 259.80 feet, on the East Right -of -Way line of Van Buren Street to an iron pipe and the Point of Beginning; Thence N 89°50'28" E, 322.12 feet to the West Right -of -Way line of Johnson Street; Thence S 00011'33" W, 181.86 feet on the West Right -of -Way line of Johnson Street to the Northeasterly Right -of -Way line of the Chicago, Rock Island and Pacific Railroad; Thence S 75°54'00" Jo3 feet Johnson Street; Thencesaid Northeasterly S h00°111'3311 We 79. 4 feetlinto the o nethe centerline of Johnson Street extended to a point 23.00 feet normally distant Northeasterly from the centerline of the main Railroad Track; Thence N 75°54100" W, 539.19 feet parallel and 23.00 feet normally distant Northeasterly from the centerline Of the main Railroad Track; Thence N 14°06'00" E, 77.00 feet to the Northeasterly Right -of -Way of the Chicago, Rock Island and Pacific Railroad; Thence S 75°54'00" E, 150.00 feet on said Northeasterly to Street; Thence line e 1 a R of Van N00°00'00°E, 10f0.21feet ltoetthe Point of Beginning. Said tract of land containing 1.979 acres more or less and subject to easements and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed LSRD plan and have recommended approval of same; and WHEREAS, the preliminary and final LSRD plan has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final LSRD plan is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final LSRD plan for the above-described property is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify a copy of this resolution and of the final LSRD plan to the Office of the County Recorder of Johnson County, Iowa. h i IdICROFl LI4ED BY � I—JORMOMICRLAB _ CEDAR RAPIDS OES MOIYES I � 1 Resolution No.�792 Page 2 It was moved by Balmer and seconded by Lynch 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 26th day of April 1983. MAYOR ATTEST: z CITY CLERK 0 MICROFILMED BY —JORIN"—MICR#L`A B-- - CEDAR RAPIDS • DES MONE5 x Cai;w 1 ,ti £y Tha La3ai Daparimem ...!� 73X -J ✓11 NOTICE OF PUBLIC HEARING The City of Iowa City herewith provides notice of a public hearing to be held by the City Council on: Tuesday, April 26, 1983 - 7:30 p.m. Civic Center Council Chambers 410 E. Washington Street Iowa City, Iowa 52240 to receive citizens comments on a proposed amendment to the 1983 Community Development Block Grant Program and Budget. Persons interested in expressing their views concerning the proposed amendment, either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place. Information regarding the proposed amendment is on file for public inspection during business hours at the following location: Office of the City Clerk Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Dated at Iowa City, Iowa, this 16th day of April, 1983. ,�// .Itl4i,2 7S 7e,10 Marian K. Karr, City Clerk i 111CROF ILIRED BY ; JORM-MICR#L:AB - CEDAR RAPIDS • DES MOINES 73S -J I ang RESOLUTION NO. 83-93 A RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1983 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City will receive CDBG program income from the sale of certain redevelopment parcels; and WHEREAS, the City of Iowa City wishes to utilize such program income to undertake studies necessary to update the City's official floodplain maps. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the amendment to the 1983 Community Development Block Grant Program and Budget (more particularly described in Exhibit A hereof) is hereby authorized and approved. It was moved by McDonald '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 26th day of April 1983. ATTEST: -W, CITY CLERK llocolvoJ & Approved By Yho lssal Depoliment zl '7 3 6 -- 141CROFILMED BY 1'.. -DORM--MICR6LLA6' l.` I Ir CEDAR RAPIDS DES MOVIES f / 734 MICROFILMED BY I i 1.--1 -JORM--MIC RCA ff- CEDAR RAPIDS DES MOINES % r PROPOSED BUDGET AMENDMENT: APRIL 15, 1983 Exhibit A CDBG PROGRAM YEAR 1983 CDBG NO. B -83 -MC -19-0009 i Project or Activity Present Allocation Proposed Allocation General Program Administration $102,170 $102,170 . Creekside NSA Storm Drainage Improvements $138,600 $138,600 North Dodge Area Sidewalks $ 27,680 $ 27,680 Housing Rehabilitation and Weatherization $165,000 $165,000 Housing Code Enforcement $ 14,400 $ 14,400 Assisted Housing Acquisition and Development $ 75,000 $ 75,000 Congregate Housing $ 50,000 $ 50,000 Systems Unlimited Group Homes for Handicapped Children $100,000 $100,000 Hillcrest Family Services Transitional Facility for Chronically Mentally I11 Adults $ 73,500 $ 73,500 Independent Living Center $ 70,000 $ 70,000 Community Development Planning - Floodplain Map Revisions $ -0- $ 12,500 Contingency/Property Management and Disposition $ 11 610 $ 35 135 TOTAL 827,960 863,985 Sources of Funds CDBG Entitlement Grant $824,000 $824,000 Program Income TOTAL $ 3 960 827,960 $ 39 985 863,985 734 MICROFILMED BY I i 1.--1 -JORM--MIC RCA ff- CEDAR RAPIDS DES MOINES % r Council Member Perret introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ST. ANNE'S DRIVE SPECIAL PAVING PROJECT -1983" and moved that it be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 83-94 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ST. ANNE'S DRIVE SPECIAL PAVING PROJECT -1983 WHEREAS, this Council has proposed a Resolution of Necessity for the St. Anne's Drive Special Paving Project -1983, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held; all persons offering objections.have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: —. Adopted, without amendment, and all objections filed or made having been duly considered are overruled. -2- AMLCRS. COONEY. OORW OIL[R. HAYMIE ! SMITH. LA WYLR9. D[R MOIR". IOWA fes_— —__._. __� ___.._. •._� .r.�,� 1 MICROFILMED BY 1-- -JORM--MICR6LA9' i CEDAR RAPIDS DES MOINES r J Adopted as amended by the Schedule of _ Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a Council : X meeting to be held on the 10t day of May ,next, at T' 6- o'clock P. M., at this meeting place, with juris- dTc—tion retained for further consideration and action at the adjourned meeting. Abandoned. Passed and approved this 26th day of April , 1983.' ATTEST: Clerk -3- AMLESE. COONEY. DORW [ILLS, HAYNIE 6 SMITH. LAWYERS. DEE MOINES. IOWA j MICROFILMED BY DORM -MIC RfjILAB'- CEDAR RAPIDS • DES MO 4E5 7V ,J Mrs COPY ''��� %/_k.i (This Notice to be posted) // �00N7... NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: April 26, 1983 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 910 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: Resolution of necessity for the St. Anne's Drive Special Paving Project -1983. - Public hearing on proposed resolution of necessity, - Resolution with respect to adopting resolution of necessity. - Resolution directing preparation of detailed plans and specifications, form of contract and notice to bidders. - Resolution ordering bids, approving plans, specifications and form of contract and related matters. Such additional matters as are set forth on the addi- tional 21- page(s) attached hereto. (number) noticeThis given at pursuant toChapter28Ah CodeofdIowa,landon othehlocalorules of said governmental body. City Clerk, Iowa City, Iowa ANLERS. GOONEY, DEIRWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA 141CROFILIIED BY 11" —JORM -MICR#L-A6- CEDAR RAPIDS • DES MOINES 1 I I Council Member _ Mcnald introduced the following Resolution entitled "REDoSOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983" and moved that it be adopted. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, i AYES: Balmer, Dickson,'Erdahl, Lynch, McDonald, Neuhauser, Perret I NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 83-95 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE KIMBALL ROAD SPECIAL SIDEWALK ASSESSMENT PROJECT - 1983. I WHEREAS, this Council has proposed a Resolution of f Necessity for the Kimball Road Special Sidewalk Assessment Project - 1983, has given notice of the public hearing thereon i as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF I THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: i Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adoptehed as amended by the Schedule of Amendments attached reto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. -2- A HLERS. 2- AHLERS, COONEY. DORWCILER. HAYNIE ASMITH. LAWYERS, DES MOINES. IOWA 1 I, MICROFILIIED BY ,,.••,., I 1 -JORM" MICR6LA9- CEDAR RAPIDS DES MOVES I /� �L1 Deferred for later consideration to a Council 1f_ meeting to be held on the 10th day of ' May , next, at 7:30 o'clock ' kP. at this meeting place, w th juris- diction retained for further consideration and i action at the adjourned meeting. a i Abandoned. F j , Passed and approved this 26th day of April , { 1983. � j � Mayor � j ATTEST: 1 Cl rk- 1 i i i l T A;40 7e.4 ; �Zla7/,F3 i (This Notice to be posted) �IecBif �rJ NOTICE AND CALL OF PUBLIC MEETING i Governmental Body: The City Council of Iowa City, Iowa. I Date of Meeting: April 26, 1983 Time of j Meeting: 7:30 P.M. j Place of � Meeting Council Civic Center, 410E.Washington St.,IowaCity, Iowa. II 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: Resolution of necessity for the Kimball Road Special Sidewalk Assessment Project - 1983. - Public hearing on proposed resolution of necessity. - Resolution with respect to adopting resolution of necessity. - Resolution directing preparation of detailed plans and specifications, form of contract ! and notice to bidders. - Resolution ordering bids, approving plans, specifications and form of contract and related matters. Such additional matters as are set forth on the addi- tional 21 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. Cidy Clerk, Iowa City, Iowa I D ANLCIIS. COONEY.DOIIWMEn. 14AYNICR SM IT N. LAW Yrus. DE6 MOINES. IOWA M' •`l 14ICROEILI4ED BY 3 �� �`-•... 1-_ .. DORM..--MICR6L j CEDAR RAPIDS • DES'MO ( i RESOLUTION NO. 83-96 RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT BETWEEN HILTON - IOWA CITY PARTNERS AND THE CITY OF IOWA CITY FOR REIMBURSEMENT OF EXPENSES RELATED TO THE PREPARATION OF AN URBAN DEVELOPMENT ACTION GRANT FOR URBAN RENEWAL PARCEL 64-1b. WHEREAS, the City Council of Iowa City did by Resolution 83-64 authorize the fourth amendment to the contract for technical services between the City of Iowa City and Zuchelli, Hunter & Associates, Inc., for the preparation of an Urban Development Action Grant for the redevelopment of Parcel 64-1b; and WHEREAS, Section 5 of this contract notes that Hilton -Iowa City Partners is responsible for an amount not -to -exceed $17,000 of the costs associated with the preparation of the Urban Development Action Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Memorandum of Agreement: Reference UDAG Reimbursement is attached hereto and by this reference made a part thereof, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said Memorandum of Agreement. It was moved by Perret 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 Passed and approved this 26th day of April , 1983. 02WL%. -% 1 � ATTEST: 7J%//un%r� of . 9Jo1J C TY CLERK (1 1 I1ICROFILMED BY �".-JORM_-MICR6LAB... CEDAR RAPIDS • DES MINES I MEMORANDUM OF AGREEMENT REFERENCE UDAG REIMBURSEMENT On this 26th day of April, 1983, the following agreement is entered into between Mid -City Hotel Associates - Iowa City, a sole proprietorship owned by Harry A. Johnson, Jr. a Minnesota resident, an entity hereinafter sometimes referred to as Developer, and the City of Iowa Ctiy, Iowa hereinafter referred to as the City. WHEREAS, Mid -City Hotel Associates has been granted preferred developer status in connection with the development of a hotel project in downtown Iowa City, and, WHEREAS, as a part of the financing package for this development the Developer has requested that the City attempt to obtain and grant to the Developer an Urban Development Action Grant from the United States government, and, WHEREAS, the Developer and the City wish to outline their under- standing and agreement with respect to certain expenses to be incurred by the City pursuant to the Developer's request with respect to an Urban Development Action Grant (UDAG). NOW, THEREFORE, IT IS AGREED as follows: 1. At the request of the Developer the City of Iowa City will undertake to obtain a UDAG grant from the United States government and will incur certain expenses in connection with the grant application process, which expenses will include the employment of Zuchelli, Hunter & Associates, Inc., a Maryland corporation. MICROFILMED BY 1_I -JORM� -MIC Ri�L�A B`_ � 7j CEDAR RAPIDS • DES MOVIES %SJR N i -J .-1 -2- 2. The Developer agrees to reiumburse the City promptly (within 15 days) of being billed by the City for the expenses incurred by the City in the employment of Zuchelli, Hunter & Associates, Inc., in connection with the UDAG grant process in an amount not to exceed the sum of $17,000.00 3. The parties agree that Developer will reimburse the City as above specified whether or not a UDAG grant is ultimately obtained. 4. The parties further agree that the City will assume no responsibility or liability to the Developer in connection with the UDAG grant application process. Dated at Iowa City, Iowa, on the date given above. MID -CITY HOTEL ASSOCIATES - IOWA CITY BY: Harry A. Jo nson, Jr. -Sole Proprieter i BY: r, 1111a Mayor i I Attest: ZZII� -�/ -1enJ MICROFILMED BY - 1 - J0RM--MICR#LAE8` JJJ CEDAR RAPIDS DES MOINES 7501 5 i "..City of Iowa Cit,' MEMORANDUM Date: April 22, 1983 To: ^^..'''I��//City Council From: IINktAndrea Hauer, Development Coordinator Re: FFFFNN����'' ,UDAG Grant Enclosed in your packet is a copy of•the Urban Development Action Grant application which is almost completed. Additional information on financial commitments for the project will be forthcoming from the developer in the next week. All additional materials inserted in the application will be sent to you. To summarize the application, an outline of the most important aspects are given below. Summary 1. Total estimated cost: $2.733 million -- UDAG $2.474 million -- Developer Equity $7.693 million -- Industrial Revenue Bonds Total $12.9 million estimated development cost 2. See the following page of this memo for the UDAG loan terms and conditions to the developer. 3. See Part III, Form 3b of the UDAG application for an explanation of cost breakdowns. The City . has proposed committing $70,000 for various items: utility relocations (sewer and electrical) for approximately $35,000; pavement of a service alley to the hotel site which can be used by adjacent development on Parcel 64-1a (approximately $20,000); and administration costs (approximately $15,000). 4. Approximately 170 full-time jobs will be created by this project. This is outlined in detail in Part III, Form 4. 5. Approximately $240,000 in tax. revenues will accrue to the City and the Iowa City Community School District in the first year of full operation of the hotel. See Part III, Form 5 for further information on this topic. A resolution approving the submission of this application is in your Council packet. bj4/14 i I MICROFILMED BY Il--JCRMMICR#L"AB'- CEDAR RAPIDS • DES MOINES %SS J r7// Part III -B.8 UDAG - Repayment Summary 1. Amount of Action Grant to be reoaid: 2. Term: The UDAG loan term will be no longer than that of the Industrial Revenue Bond financing which is expected to be no longer than 25 years. In addition, the outstanding amount of the UDAG loan will be due immediately after the 10th year following beneficial occupancy. 3. Interest Rate: 8%. 4. Participation in Cash Flow: In addition to the UDAG loan repayment, the City will receive 15% of the net cash flow after payment of debt service on permanent financing and the UDAG, and after delivery of a preferred rate of return of 13.5% on equity to the developer. S. Participation in Residuals: The City will also receive 15% of the net proceeds resulting from any sale or refinancing occurring prior to the ten-year call. Such participation at the time of sale or refinancing will not be greater than the sum of the operating losses during the first five years of beneficial occupancy. 6. Administration of Repayment Process: The Developer shall deliver on an annual basis to the City a statement from a certified public accountant certifying: r (a) gross income; (b) net cash flow; and (c) the amount due to the City of Iowa City on participation in the cash flow and residuals, within 60 (sixty) days of the close of each calendar year during the term of the loan. "Net cash flow" is defined as all operating revenues of the project minus debt services, real taxes, and reasonble operating expenses deductible for Federal income tax purposes (without deductions for depreciation, capital improvements or reserves) including a managment fee not exceeding 3% of the gross revenues. X MEMORANDUM OF AGREEMENT REFERENCE UDAG REIMBURSEMENT On this 26th day of April, 1983, the following agreement is entered into between Hilton Iowa City Partners, a joint venture organized under the laws of Minnesota, hereinafter sometimes referred -to as Developer, and the City of Iowa City, Iowa, hereinafter referred o/ as the City. WHEREAS, ilton Iowa City Partners ha been granted preferred devel er status in connectio with the develop- ment of a hotel p oject in downtown owa City, and, WHEREAS, as a rt of the fi ancing package for this development the D veloper as requested that the City attempt to obtain a d ant to the Developer an Urban Development Action nt from the United States government, and, WHEREAS, the De- loper an the City wish to outline their understanding and agreemen with respect to certain expenses to ' be urred by the Cit pursuant to the Developer's re /est with respect to Urban Development Action Grantt ((UDAG) . NOW, THEREFORE, IT IS AGREED as folio s\: 1. �t the request of the Developer the (3 ty of Iowa Cir1y will undertake to obtain a UDAG grant from the United States government and will incur cert expenses in connection with the grant applicatic IjI 4 MICROFILMED BY ) I..). JORM--MICR#LAE3*- _ CEDAR RAPIDS DES MOVIES T I - 2 - which expenses will include the employment of Zuchelli, Hunter & Associates, Inc., a Maryland corporation. 2. The Developer agrees to reimburse the City pro*t�ly (within 15 days) of being billed by the City for th kkeexpenses incurred by the City in connection with the `AG grant process in an amount not to exceed the sum of $1 000.00. The reimbursable expenses will include fees cha ed by Zuchelli, Hunter & Associates, Inc., for services 1 connectio with the UDAG grant application process. 3. The parties agree that Developer will reimburse the City as above specified whether or not a UDAG grant is ultimately obtained. 4. The parties/further a ee that the City will assume no respons' ility or liabili to the Developer in connection wi h the UDAG grant appli tion process. Dated at owa City, Iowa, on the date iven above. HILTON IOWA CITY P TNERS By:. Vernon y:.Vernon R. Beck, a gene al partner\ CITY OF IOWA CITY, IOWA By: �. Mayor Attest : 2%%O� 4-) 9ew,) I 7S-5, I, \ MICRUILMED BY i �-�-�-, JORM-"MICR¢CA B-- CEDAR RAPIDS DES MOINES / , RESOLUTION NO. 83- 97 RESOLUTION AMENDING RECORD OF OWNERSHIP FOR THE PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL 64-1b (HOTEL) IN DOWNTOWN IOWA CITY. WHEREAS, the City Council of Iowa City, Iowa, did by Resolution Number 83- 14 dated January 18, 1983, designate Hilton -Iowa City Partners as the I preferred developer for Urban Renewal Parcel 64-1b (hotel); and WHEREAS, the City of Iowa City has been notified by Vernon R. Beck & Dr. Harry A. Johnson, Jr. doing business as Hilton -Iowa City Partners of a change of name and ownership to Dr. Harry A. Johnson, Jr. doing business as Mid -City Hotel Associates -Iowa City with Dr. Harry A. Johnson as sole proprietor. i NOW, THEREFORE, BE IT RESOVLED that Mid -City Hotel Associates -Iowa City shall be designated the preferred developer for Urban Renewal Parcel 64-1b in place of Hilton -Iowa City Partners. It was moved by Perret and seconded by McDonald the Resolution be adopted, and upon roll call there were: i ! AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret i Passed and approved this 26th day of April 1983. MAYOR i. ATTEST: )J. A CITY CLERK 1 I MICROFILMED BY L _1 I JORM"-MICR#LA6'- -- CEDAR RAPIDS • DES MOINES f Qec llttic�_ %.SG �J Ahlers, Cooney, Dorweiler, Haynie & Smith LAWYERS 300 LIBERTY BUILDING, SIXTH AND GRAND DES MOINES, IOWA 50309 (515) 243.7611 May 13, 1983 Ms, Rosemary Vitosh Director of Finance City of Iowa City Civic Center T Paul F. Ahlers, of Counsel lathes Evam Cooney Lance A. Coppock Philip I. Domellcr Eli 1. Wirtz Kenneth H. Haynie David H. Luginbill H. Richard Smith Mark W. Rccrman Robert G. Allbee Edward W. Remsburg Imes L. Krambeck Rbamas E. Stanberry John L McKinney, Jr. Richard W, Hoffmann L. W. Rosebiook Randall H. 5tefani Richard G. Sano Elizabeth Gregg Kennedy Edgar If. Bitllc Morris E. KnoPI Patricia I. Martin I Terry L. Monson Wade R. Hauser III j t I I 11 I I 410 E. Washington Iowa City, Iowa 52240 MY Re: Proposed $9,500,000 - City of Iowa City, Iowa Commercial Development Revenue Bonds (Mid City Hotel Associates - Iowa City Project) Dear Rosemary: Enclosed are two copies of the proceedings adopted by the City Council of Iowa City on April 26, 1983 with the attached Memorandum of Agreement which has been signed by Harry A. Johnson, Jr. Both of these copies should be retained in your files. If you have any questions concerning the enclosed or related matters, please do not hesitate to contact us. Very truly yours, AHLERS, COONEY, DORWEILER, HAYNIE & SMITH Alters, Cooney, Dorweiler, Haynie & Smith LAWYERS 300 LIBERTY BUILDING, SIXTH AND GRAND DES MOINES, IOWA 50309 (515) 243.7611 APRr� i O 197 p.,ul I Ahlen. of Currn,el lames I van, Cnrmry Lrnrr A CoVprn L Philip L D"rxnil"r Eli 11virU KennMh II Kivniv e.,nIII Luginhdl 11 Rirha"I Snr it), Rnhrtl C. Allhm Marl. \S' It in KLIRII"YL I"InI Hf..."l W R.•nnhurR rI Ir Inhn E Mr,,.k Thoma,I SI,nl"•fry , t lt' Rne•hrrmk Rir hanl\v Ilnlfmnnn Rir haNG S.mu Randall ll. S10,ni 1dGer It ILlllr Eliabrlh Gn•RR Krmu+h Aln"i• I Knopl Pair is I Martin l nrrr I Mnrr"m SS'.nlr R. Ilaua•r III April 19, 1983 Ms. Rosemary Vitosh Director of Finance City of Iowa City Civic Center 410 E. Washington Iowa City, Iowa 52240 Re: $101000,000 - City of Iowa City, Iowa Commercial Development Revenue Bonds (Mid City Hotel Associates - Iowa City Project) Series 1983 Dear Ms. Vitosh: At the request of Mr. Richard Peterson, Counsel for Mid City Hotel Associates - Iowa City we haveprepared and enclose five copies of proposed proceedings for consideration by the Iowa City City Council on April 26, 1983, regarding the issuance of the City's Commercial Development Revenue Bonds for Mid City Hotel Associates Iowa City in an amount not to exceed $10,000,000. The enclosed resolutions schedule a public hearing for May, 1983, direct the City Clerk to publish notice of the public hearing and authorize the execution of a Memorandum of. Agreement between the City and Mid City Hotel Associates - Iowa City, As you know, the notice of public hearing must be published once, not less than 15 days prior to the date of the public hearing. For your convenience, we have enclosed two extra copies of the notice which can be published in the Press -Citizen at any time following adoption of the enclosed proceedings but which must be published not later than May 7, 1983. Attached to the proceedings as Exhibit "A" is the Memorandum of Agreement between the City and Mid City Hotel Associates - Iowa City. The Memorandum should be completely signed by the Mayor and City Clerk, and Harry A. Johnson, rjr. Of Mid City Hotel Associates - Iowa City, prior to any expen- ditures being paid or incurred with respect to this proposed Project. fes_—._—�____..__.__...___�.. lMICROFILMED BY )- —J OR M" —MICROCAB- CEDAR RAPIDS DES MOMES � I 7j17 J) Ms. Rosemary Vitosh April 19, 1983 Page 2 By a copy of this letter to Richard Peterson, Counsel for Mid City Hotel Associates - Iowa City, we are reminding him that a representative of the Company should be present at the April 26 City Council meeting to answer any questions which the members of the City Council may have regarding this proposed financing or this proposed Project. •At that time, it may be possible for you to deliver the Memorandum of Agreement to the Company representative who can in turn obtain the necessary signature. If the enclosed proceedings are satisfactory, we would appreciate your returning three completed copies to us so that we can include them in the bound Bond transcripts. Additionally, we would also appreciate your sending us an Affidavit of Publication of the Notice of Public Hearing so that we can review it prior to the date of the public hearing. Upon receipt of the completed proceedings and the Affidavit of Publication, we will prepare and forward to you the necessary proceedings for adoption at the Mayy3-public hearing. If you have any questions concerning the enclosed materials or any other matters related to this financing, please do not hesitate to contact us. very truly yours, AHLERS, COON TES:er Enclosures Mr. Robert W. Jansen Mr. Vernon Beck Mr. Richard Peterson Dr. Harry A. Johnson HAYNIE & SNITH Iowa City, Iowa, April 26, 1983. The City Council of Iowa City, Iowa, met on the above date in the Civic Center, in Iowa City, Iowa, at 7:30 o'clock p.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by Mary C. Neuhauser, Mayor, presiding, and on roll call the following Council Members were present: Balmer, Dickson, Erdahl Lynch McDonald, Perret Absent: None -1- SF ICRO ILMED BYM-MIC R#L:A a -RAPIDS • DES MOINES I 7S/ T., —'1 Matters were discussed relative to the request from Mid City Hotel Associates - Iowa City, regarding the issuance of not to exceed $10,000,000 in aggregate principal amount of the City,s Commercial Development Revenue Bonds (Mid City Hotel Associates - Iowa City Project). Following an explanation of the proposed Project by representatives of the Company and a discussion of the proposal, Council Member McDonald introduced the following Resolution in written form and moved its adoption. Council Member Perret seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: McDonald Neuhauser, Perret, Balmer. Dickson, Erdahl, Lynch NAYS: None The Resolution was thereupon signed by the Mayor and in Ievidence of her approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: - 2- 1 _^ i MICRONUIED BY f JOR M -'-MIC R#L di 6-- CEDAR RAPIDS DES M01RES II1 7s7 J 24 RESOLUTION NO. 83-98 A RESOLUTION REGARDING THE ISSUANCE. OF NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT REVENUE BONDS (MID CITY HOTEL ASSOCIATES -IOWA CITY PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City") is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Commercial Development Revenue Bonds, and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for the use of any commercial enterprise which the City Council, as the governing body, finds is consistent with an urban renewal plan adopted by the City, pursuant to the Act and Chapter 403, Code of Iowa; and WHEREAS, the City has been requested by Mid City Hotel Associates - Iowa City, a sole proprietorship (hereinafter referred to as the "Company"), to authorize and issue its Commercial Development Revenue Bonds (the "Bonds") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a nine story hotel consisting of guest rooms, convention and meeting rooms, a swimming pool, coffee shop, and food and beverage facilities (hereinafter referred to as the "Project"); and WHEREAS, said Project is located within the area of and is consistent with and authorized by the Project No. Iowa R-14 Urban Renewal Plan adopted by the City, and will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for residents of the City and the surrounding area; will enhance the tax base of the City and overlapping taxing jurisdictions and will provide and induce other public benefits which will add to the welfare and prosperity of the City and its inhabitants; and -3- I 3- ' MICROFILMED BY I )"- -JORM-MICDF; AB -- CEDAR RAPIDS • DES MOIRES .J 7-5 J 25 WHEREAS the City has determined that the amount necessary to defray all or a portion of the cost of acquisition, con- struction, improving and equipping the Project, including necessary expenses incidental thereto, will require the issuance by the City of not to exceed $10,000,000 in aggregate principal amount of its Commercial Development Revenue Bonds pursuant to the provisions of the Act, and it is proposed that the City loan said amount to Company under a Loan Agreement between the City and Company pursuant to which loan payments will be made by the Company in amounts sufficient to pay the principal of and interest and premium, if any, on said Bonds, as and when the same shall be due; and WHEREAS, the Bonds, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to a pecu- niary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Project to be financed by the Bonds; and WHEREAS, regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require that the Issuer of such Bonds adopt a Resolution with respect to such Bonds or take "some other similar official action" toward the issuance of such Bonds prior to the commencement of construc- tion or acquisition relating to the proposed Project, and it is intended that this Resolution shall constitute "some other similar official action" toward the issuance of the Bonds within the meaning of said federal income tax regulations; and WHEREAS, there has been presented to the Council a Memo- randum of Agreement, attached hereto as Exhibit "A" which sets forth certain mutual undertakings and agreements between the City and Company, relating to the further processing and issu- ance of said Bonds, and the City believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the City; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on May 23, 1983, at 7:30 o'clock P.M., before this City Council in the Council Chambers at the Civic Center in the City of Iowa City, 7S7 MICRDEILMED By I `` JORM 'MICR6L A9- ~"-•..,i rj CEDAR RAPIDS DES NDI NES i 31 Iowa, on the proposal to issue not to exceed $10,000,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Mid City Hotel Associates - Iowa City Project) pursuant to the provisions of the Act, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Iowa City Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substantially the following form: i 27 NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE COMMERCIAL DEVELOPMENT REVENUE BONDS (MID CITY HOTEL ASSOCIATES - IOWA CITY PROJECT) , Notice 'is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the Civic Center, Iowa City, Iowa, at 7:30 o'clock P.M., on May 23, 1983, on the proposal to issue not to exceed 610,000,000 principal amount of the City's Commercial Development Revenue Bonds (Mid City Hotel Associates - Iowa City Project) pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a nine story hotel consisting of guest rooms, convention and meeting rooms, a swimming pool, coffee shop, and food and beverage facilities to be located on Dubuque Street between ; Burlington and College Streets and within the area of and j consistent with the City's Project No. Iowa R-14 Urban Renewal Plan. The proposed facilities will be owned by Mid City Hotel Associates - Iowa City, a sole proprietorship (the "Company' It is contemplated that a Loan Agreement will be entered into between the City and the Company, under which the City would loan to said Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall due. i Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from said Loan Agreement and shall never constitute an indebtedness of said City within the i meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a peal niary liability of said City or a charge against its general i credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the propo- sal to issue said Bonds, and at said hearing, or any adjourn- ment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the City Council. j Marian K. Karr, Clerk of the City of Iowa City, Iowa I -6- 757 141CROFIL14ED BY J DORM""'MIC R#C'A 8" --- � ( CEDAR RAPIDS DES I401AE5 I � r � 28 Section 3. The City recognizes that regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended, may require the taking by this City Council of official action or "some other similar official action", if interest on Commercial Development Revenue Bonds issued by the City and used to acquire, construct, improve and equip such project is to be exempt from federal income taxes. In order to preserve such exemption, this Resolution is intended to constitute solely for federal income tax purposes official action or "some other simi- lar official action" with respect to the issuance of such Bonds. Section 4. That in order to assure the acquisition, con- struction, improvement and equipping of the proposed facilities in the City, with the resulting public benefits which will flow from the operation thereof, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and said Memorandum of Agreement is hereby made a part of this Resolution. Section 5. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Bonds when and if delivered, but other- wise without liability on the part of the City. Section 6. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 7. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect iimmediately upon its adoption. Adopted and approved April 26, 1983. i City of nIowa /City, Iowa (SEAL)(11U Mary C. Neuhauser, Mayor Attest: 4 j�t� -A" � Mitrian K. Karr, City Clerk C&C i MICROEILI4E1 BY _ -)"- - -JORM -MICR6LAB-' -i CEDAR RAPIDS DES MODES fI 7S/ 29 CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on April 26, 1983, regarding the issuance of not to exceed $10,000,000 aggregate principal amount of Commercial Development Revenue Bonds (Mid City Hotel Associates - Iowa City Project) of the City of Iowa City, Iowa, directing publication of Notice of Intention to Issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of a Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded• in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the pro- visions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this 26th day of April, 1983. 2%1 4 • `7ICLwn/ j (SEAL) Marian K. Karr, City Clerk i State of Iowa ) SS.. County of Johnson ) Subscribed and sworn to before me this day, the date last above written. Not ry Public in and for the (SEAL) State of Iowa -8- %57 MICROFILMED BY —DORM --MIC RI6LAB-. CEDAR P,APIDS DES MOINES / I i I 30 30 3e (This Notice to be Posted) 8 °dA•y 4/� i' NOTICE AND CALL OF COUNCIL MEETING i. Governmental Body: The City Council of Iowa City, Iowa. I , Date of Meeting: Time of Meeting: Place of Meeting: April 26, 1983 7:30 P.M. Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Regarding the Issuance of Not To Exceed $10,000,000 Aggregate Principal Amount of Commercial Development Revenue Bonds (Mid City Hotel Associates - Iowa City Project) of the City of Iowa City, Iowa, Directing Publication of Notice of Intention to Issue, Calling a Public Hearing on the Proposal to Issue Said Bonds and Authorizing Execution of a Memorandum of Agreement. 2. Such additional matters as are set forth on the additional 21 page(s) attached hereto ( attach copy of agenda) . This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Marian K. Karr, Clerk of the City of Iowa City, Iowa - 11111111LMED DY r-JORIVI-'MIC R61L'!CB- ' CEDAR RAPIDS DES MOI nES 7S7 I 30 EXHIBIT "A" MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Mid City Hotel Associates - Iowa City, a sole proprietorship, party of the second part (hereinafter referred to as the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The City is an incorporated municipality of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa ( the "Act") , to issue Commercial Development Revenue Bonds for the purpose of defraying all or a portion of the cost of acquiring and improving land, buildings and improvements suitable for use of any commercial enterprise which the City Council, as the governing body, finds is con- sistent with an urban renewal plan adopted by the City pursuant to the Act and Chapter 403, Code of Iowa; and (b) The City has adopted the Project No. Iowa R-14 Urban Renewal Plan and in furtherance of efforts to rehabilitate and redevelop the designated Urban Renewal Area therein, the City proposes to issue its Commercial Development Revenue Bonds (the "Bonds") and to loan to the Company the proceeds from the sale of said Bonds to enable the Company to finance the cost of acquiring, constructing, improving and equipping a nine story hotel consisting of guest rooms, convention and meeting rooms, a swimming pool, coffee shop, and food and beverage facilities (herein referred to as the "Project"); and (c) It is considered essential that acquisition and construction related to the Project commence at the earliest practicable date, and that orders be placed for acquiring the necessary improvements and equipment. However, before com- mencing the Project, the Company desires satisfactory assuran- ces from the City that the proceeds from the sale of the City's Commercial Development Revenue Bonds, which, when issued, will be used to finance the Project, will be made available in an amount sufficient to finance all or a portion of the cost of the Project. The amount of the Bonds requested to be issued is presently estimated not to exceed $10,000,000. (d) Representatives of the City have indicated the will- ingness of the City to proceed with and effect such financing -1- %S7 "T. i 141CROFILMED BY ' JORM -MIC RfSLA B` !i ' CEDAR RAPIDS • DES MOINES ; i �11 31 as an inducement to the Company to locate the Project in the City and the City has advised the Company that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the City, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of the Project. (e) The City considers that the undertaking of the Project will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas, and will provide employment opportunities for the inhabitants of the City, enhance the tax base of the City and overlapping taxing juris- dictions, increase the City's commerce and add to the welfare and prosperity of the City and that of its inhabitants. 2. Undertakings on the Part of the City. The City agrees as follows-.— (a) ollows: (a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds to be issued and sold for the purpose of financing the Project, pursuant to the terms of the Act as then in force in an aggregate principal amount presently estimated not to exceed $10,000,000. (b) That it will cooperate with Company to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the author- ization, issuance and sale of the Bonds and the financing of the Project as aforesaid, and the entering into a Loan Agree- ment with the Company with respect to the Project, all as shall i be authorized by law and mutually satisfactory to the City and the Company. (c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of, premium, if any, and interest on the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to imple- ment the aforesaid undertakings or as it may deem appropriate in pursuance thereof. -2- f I MICROFILMED BY i I"—JORM"_MICR6L_A6 CEDAR RAPIDS • DES ROInES I ! t 757 J i 32 3. Undertakinos on the Part of tha covenants and agrees as follows: Company. The Company (a) That it will cooperate with the City to sell the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Bonds and of the sale and deli- very thereof shall be mutually satisfactory to the City and the Company, (b) That it has not, prior to the execution of this agree- ment by the City, acquired or commenced construction of the Project, or any part thereof, and has not entered into any contracts or paid or incurred any costs related thereto, which will be paid or reimbursed from the proceeds of the Bonds, when and if issued. The Company does, however, represent that it now intends to enter into a contract or contracts for the acquisition, construction, improvement and equipping of the Project and take, with reasonable diligence, the other necessary steps toward the realization of the Project. ( willexecute tacLoan mAgreement lwith tthe hCity lundere oftthe Bonds which the Company will obligate itte rnlslof self to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instrument -to contain other provisions required by law and such other provisions as shall be mutually acceptable to the City and the Company. (d) That it will take such further action and adopt such further proceedings as may be required to implement its afore- said undertakings or as it may deem appropriate in pursuance thereof. 4. General Provisions. i (a) All commitments of the City under paragraph 2 hereof iand of the Company under paragraph 3 hereof are subject to the condition that on or before May i 31r, 1984 (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually accept- able terms for the Bonds and of the sale and delivery thereof, iand mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof. (b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Company agrees that it will reimburse the City for -3- U 75-7 MICR0E1LMED BY _) 1- -DORM-MIC R;LAB- � I 1 % CEDAR RAPIDS DES MOINES l I 33 all reasonable and necessary direct out-of-pocket expenses which the City may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the City of its obligations here- under, 'or done at the request of the Company. (c) It is expressly understood by both parties to this Memorandum of Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current inten- tion to proceed with the issuance of the Bonds and to consti- tute "some other similiar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of this Memorandum of Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance of all provisions of theIndustrial Revenue Bond policyAnd Procedures For The City Of Iowa City, Iowa. (d) All commitments of the City hereof are further subject to the conditions that the City, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 26th day of April, 1983. City of Iowa City, Iowa (Seal of City) Mary C. T euhauser, Mayor Attest: �/ �/ MalianK. 9i 7iacj M`a�ian K. Karr, City Clerk Mid City Hotel Associates - Iowa City c 7 �f .� 4k Na y A• Johnson, Jr. -4- r I4ICROf ILI4FD BY � JORM---MIC RdCAB-�- ) CEDAR RAPIDS DES I401YE5 I � 75/ J1 `City of Iowa Cit MEMORANDUM Date: April 21, 1983 To: City Council Ru 1/ From: Rosemary Vitosh, Director of Finance Imo-" Re: IRB Application from Dr. Harry A. Johnson, Jr./Mid-City Hotel Associates Staff review of the application and the financial analysis revealed no major problems with the request to issue bonds for this project. The application stated the reason for requesting the bonds as "project would not be economically feasible if Developer had to rely solely on conventional financing." The Developer has worked closely with the Hotel/Department Store Steering Committee on the planning of this project. When the final information on design is available, it will then be sent to the Design Review Committee for consideration. bj4/5 I i MICROFILMED BY I---JORM---MICROO LAB' - CEDAR RAPIDS DES MOINES. 7-67 N L/ CITY 0� IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-5CO0 STATE OF IOWA SS JOHNSON COUNTY I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct Copy of the Resolution No 83-99 which was passed by the City Council of Iowa City, Iowa, ata —regular meeting held on the 26th day of April 19 83 , all as the same appears of recorcTin my oTfice. Dated at Iowa City, Iowa, this 27th day of April 1983 maman K. Karr City Clerk MICROFILMED BY —J0RM—M1CR6L7A8-- CEDAR RAPIDS DES MOINES 7i% -d 4 I RESOLUTION NO. 83-99 RESOLUTION AUTHORIZING THE CITY MANAGER AS THE CHIEF EXECUTIVE OFFICER FOR IOWA CITY, IOWA, TO SUBMIT THE CITY OF IOWA CITY'S i APPLICATION TO THE URBAN DEVELOPMENT ACTION GRANT PROGRAM FOR THE j DEVELOPMENT OF URBAN RENEWAL PARCEL 64-1b. WHEREAS, the City of Iowa City, acting as .the Local Public Agency, entered into a contract for a Loan and Grant with the United States of America for the implementation of the Urban Renewal Project known as the City -University Project No. Iowa R-14 and that the City of Iowa City, has pursuant to the provisions of Title 24,. Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grants to said Urban Renewal Projects;' and transferred control of Parcel 64-1a and Parcel 64-1b acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as the Local Public Agency by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and i WHEREAS, the City Council of Iowa City, Iowa, did by Resolution No. 82-241 i authorize the solicitation of offers to purchase land for private development on Parcel 64-1b and did receive offers to purchase this land on November 8, 1982; and WHEREAS, the City Council of Iowa City, Iowa, did by Resolution No. 83-14, dated i January 18, 1983, designate Hilton -Iowa City Partners as the preferred developer for Urban Renewal Parcel 64-1b in downtown Iowa City; and WHEREAS, the City Council of Iowa City did by Resolution 83- 97 approve the amendment of name and ownership of the preferred developer to Mid -City Hotel. Associates -Iowa City; and WHEREAS, it has been shown that development on Urban Renewal Parcel 64-1b will not occur without financial assistance from the Urban Development Action Grant Program. NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to submit the City of Iowa City's application to the Urban Development Action Grant program for financial assistance in the development of Urban Renewal Parcel 64-1b. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Iowa City commits itself to the completion of various improvements and related costs estimated at approximately $70,000, subject to the receipt of the Urban Development Action Grant, as part of the necessary financial commitment to complete this project. 76 4 141CROFILMED BY l J - ` I -JOR M_"MIC ROL�AB CEDAR RAPIDS • DES I401YE5 II� I l� i 4 4a It was moved by McDonald and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch I x McDonald x Neuhauser :............ . x Perret j Passed and approved this 26th day of April 1983. iLLA MAYUK ATTEST:�� CITY CLERK MICROFIL ED BS --] DORM--MICRd1LAES 111 CEDAR RAPIDS • DES Id01YES I'difP+vr! V-.2/42 4 14�4 7,61 o �J i MEMJRANDUM OF ALrMUM Iaaa City, Iowa April 26 , 1983 The City Council of Iowa City, Iaaa, net in regular session on the 26th. day of April 1983, at 7:30 o'clock, D M., at the civic Center, City Hall, in Iowa City, Iaaa, The meeting was called to order and there were present Mary C. Neuhauser Mayor, in the chair, and the following named Council Members: Balmer, Dickson, Erdahl. Lynch, McDonald, Perret Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Balmer introduced a resolution entitled "A Resolution Authorizing the Execution of a 14enorandum of Agreement with Blooming Prairie Warehouse, Inc." and moved its adoption; seconded by Council Member McDonald . After due con- sideration of said resolution by the Council, the Mayor put the question on the ration and the roll being called, the following named Council Members voted: Ayes: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser Nays: None ABSTAINED: Erdahl Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: i11� uti,J 7�4> City Clerk (Seal) V.. .. I. I 'r i RESOLUTION 83-100 A Resolution Authorizing the Execution of a Memorandum of Agreement with Blooming Praire Warehouse, Inc. I WHMEAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa, (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Cod a of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equ# mnt, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any co Tercial enterprise engaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and -- VEM EAS, the Issuer has been requested by Blooming Prairie Warehouse, Inc. (the "CaRpany") to issue its revenue bonds pursuant to the Act pursuant to the purpose of financing the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Company will j use for the purpose of storing, warehousing and distributing products of agriculture, i mining or industry, (the "Project"), located within the Issuer; and WiiEREAS, a Meoorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreawmt, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEFMRE, BE IT RESOLVED by the City Council of the Issuer, as follows: I Section 1. The Memorandum of Agreerent in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said lkmrandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. i Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 26t)day of April 1983. lkki F, A ti, 11�_ t r�11_A o Mayor Attest: 2sra�a� �(• SYw� Fi City Clerk (Seal) 74W j MICROFILMED BY 1 ,- D 1 „y ORM-MICRfJL Ais j4 CEDAR RAPIDS • DES MOINES I i ,r EXHIBIT A umu:• :: u�, t � : h: �laui�ui THIS hIIMRAMUM OF AGRFEMM is between the City of Iowa City, Iowa, (the "Issuer") and Blooming Prairie warehouse, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which ul have rested in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any camiercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business. (b) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the principal amount sufficient to finance the costs of the acquisition by construction or purchase of land, buildings, equipment and improvement suitable for use as a warehouse which the Company will use for the purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer. (c) The Issuer considers that the acquisition and construction of the Project and the financing of the sane will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $363,000.00 (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) The Company will use all reasonable efforts to cooperate with the Issuer and conmly with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. i MICROFILMED BY --JORM-MICR6L AB- ICEDAR RAPIDS •DES 1401 YES 741 -J (b) The Company will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) The Company agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at its request arising from the execution of this Agreement and the performance by the Issuer of its obligation hereunder. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the bonds and to constitute some other similar official action" for the purposes of the Treasury Regulations pronmlgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this 26th day of April , 1983. IOWA CITY, IOWA By A1111/ A Mayor Attest A • -A AAS i City Clerk (Seal) 1 i MICROFILMED BY I-JORM--MICR#L:JAB--CEDA R RAPIDS DES MO 7G/ • i. State of Iowa County of Johnson SS: City of Iowa City I ; I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully ccn>pared the transcript hereto attached is a true, correct and anPlete copy of all of the official records showing the action taken by the City Council of said City to i authorize the execution of a Memorandum of Agreemnt by and between Blooming Prairie Warehouse, Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this 27th day of April , 1983. Ci y Clerk (Seal) 1 7G/ MICROFILMED BY CEDAR RAPIDS DES MOINES I/ City of Iowa MEMORANDUM Date: April 21, 1983 To: City Council From: Rosemary Vitosh, Director of Finance Re: IRB Application from Blooming Prairie Warehouse, Inc. Staff review of the application and the financial analysis revealed no major problems with the request to issue bonds for this project. The application stated the reason for requesting Industrial Revenue Bonds as "The lower interest rates associated with Industrial Revenue make the project viable. Without IRB financing we would be unable to build an adequate facility and since such facility is not currently available in Iowa City we would be, forced to move our operation to Cedar Rapids or another more industrial area. With IRB financing we are able to build a larger and better insulated building than otherwise would be possible. Rapid growth has been a fact of life for Blooming Prairie since our beginning, as have biannual moves. With this project we intend to establish a permanent home for the business on a lot large enough to accommodate two future doublings of the facility. Without IRB financing the size and quality of the project would be in jeopardy." The project will not be reviewed by the Design Review Committee as the construction site is not located in or adjacent to the Central Business District. bj4/4 The City Council of Ioaa�City, Iowa, met in regular session on the 26th day of April , 1983, at 7:30 o'clock t.m., at the Civic Center, City Hall, in Iowv City, Icxva. The meeting was called to order and there were present Mary C. Neuhauser Mayor, in the chair, and the following named Council Members: Balmer, Dickson, Erdahl, Lynch, McDonald Perret Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Balmer , introduced a resolution entitled : "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1983 (Blooming Prairie Warehouse, Inc. Project)" and moved its adoption; seconded by Council Member McDonald After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Dickson, Lynch, McDonald, Neuhauser, Perret Balmer Nayes: None ABSTAINED: Erdahl Absent:None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: City Clerk (Seal) 1 �![CEDAR =DDIES'MOMES. `+ 742, i J L _. RESOLUTION 83- 101 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1983 (Blooming Prairie Warehouse, Inc. Project) WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa, (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any eo ne-rcial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of an national regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been requested by Blooming Prairie Warehouse, Inc. (the "Conpany") to issue its revenue bonds to finance the cost of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Carpany will use for the purpose of storing, warehousing, and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer, which will promote the welfare of the Issuer and its citizens; and WIMEAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1983 (Blooming Prairie Warehouse, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $363,000.00 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NJW, TH=RE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall, in Iowa City, Iowa, on the 241h day of May 1983, at 7:30 o'clock P.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be hald, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Iowa Cityy��Press Citizen a newspaper published and having a general circulation wit�u n e Issuer.The notice shall be in substantially the following form: i MICROFILMED By r )-- -JORM "M1CFU�L:A13' CEDAR RAPIDS • DES MOINES � I! 7G -2- J NOTICE OF INPE[SfION TO ISSUE I ;I I x-ia P4 :6u SERIFS 1983 (Blooming Prairie Warehouse, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 24day of May , 1983, at the Civic Center, City Hall, in Iowa City, Iowa, at 7:30 o'clock p.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1983 (Blooming Prairie Warehouse, Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $363,000.00 (the "Bonds"), and to loan said amount to Blooming Prairie Warehouse, Inc. (the "Company"), for the purpose of defraying the cost, to that amount, of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Company will use for the purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project"). The location of the project will be on the east side of Heinz Road in Iowa City, Iowa, immediately north of the H.J. Heinz Company Customer Service Center and is legally described as follows: lots 7 and 8, B.D.I. Second Addition to Iowa City, Iona, according to the recorded plat thereof. The bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from accounts received by the Issuer under a Iran Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed the issuance of the Bonds. By order of the City Council, this26thday of April , 1983. I i. ri i IMME J 7 MICROFILMED BY —JO RM"-MICRbC'A B'"_I CEDAR RAPIDS DES MOVIES J a � I a Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 26th day of April 1983. Attest: 2 Mayor T DORM-- MICRFLAU I CEDAR RAPIDS • DES MOINES State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the official records of said City and of its officials and that I have oa�ared the transcript hereto attached with the said official records and that the same constitu and complete copy of such official records stes a true and correct having the action taken by the City Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1983 (Blooming Prairie Warehouse, Inc. Project) in an aggregate principal amount not to exceed $363,000.00. WITNESS my official signature and the seal of said City this 26th day of April ' , 1983. amity Clerk (Seal) NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Iowa Book & Supply Co. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 26th day of April, 1983, at the Civic Center, City Hall, in Iowa City, Iowa, at 7:30 o'clock p.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Iowa Book & Supply Co. Project) of the Issuer, in an aggregate principal amount not to exceed $500,000 (the "Bonds"), and to loan said amount to Iowa Book & Supply Co., (the "Company"), an Iowa corporation, for the purpose of defraying _ all or a portion of the cost of certain improvements or equipment suitable for the use of j its commercial enterprise consisting of a retail facility located within the Urban Renewal Area 1 designated in the Issuer's urban renewal plan Iowa R-14. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the f Issuer and the Company, the obligation of which will be sufficient to pay the principal of and I interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be I given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer j shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council this 6th day of April 1983./ City Clerk --f I i I X63 141CROf RMED BY 1 -.,,.-I,• � - -"."JOR M -"MIO R46CA:6" - I L % CEDAR RAPIDS • DES 1401NES s RESOLUTION N0. 83-103 i Rr.9:vfa7 & ApprevM BY The LLOa,,l /Dapal9(PK1Rt i r 111CRDEILI/ED BY -' r 1"- JORM---MICRbL"AB-" j CEDAR RAPIDS • DES MOINES 76S r Jl RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SYSTEMS UNLIMITED, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE AND IMPROVE SITES FOR THE CONSTRUCTION OF TWO HOMES FOR SEVERE AND PROFOUNDLY HANDICAPPED CHILDREN. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing Urban and Development (HUD) under Title I of the Housing and Community Development Act of 1974, 93-383); and as amended (Public Law WHEREAS, the City of Iowa City wishes to utilize such funds to provide a residential facility for severe and profoundly handicapped children and to engage Systems Unlimited, Inc., to acquire and improve sites for the construction of two homes for such handicapped children. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Systems Unlimited, Inc., to acquire and improve sites and construct two homes for severe and profoundly handicapped children. Said agreement is attached to this resolution and is incorporated by this reference herein. ( It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and F upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl -T— Lynch Lynch x McDonald f x Neuhauser x Perret y Passed and approved this 26th day of - April 1983. MA OR ATTEST:z�ax� 7S'o�aj 611T CLERK Rr.9:vfa7 & ApprevM BY The LLOa,,l /Dapal9(PK1Rt i r 111CRDEILI/ED BY -' r 1"- JORM---MICRbL"AB-" j CEDAR RAPIDS • DES MOINES 76S r Jl AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SYSTEMS UNLIMITED, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE AND IMPROVE SITES FOR THE CONSTRUCTION OF TWO HOMES FOR SEVERE AND PROFOUNDLY HANDICAPPED CHILDREN THIS AGREEMENT, entered into this 26th day of April , 1983, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and Systems Unlimited, Inc., a private non-profit service agency providing community residential programs and services for developmentally disabled children and adults (herein referred to as "Systems"); and WHEREAS, the 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 wishes to utilize such funds to assist in providing residential homes for severe and profoundly handicapped children and to engage Systems to acquire appropriate sites and construct said residential homes in the City of Iowa City; NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT. PART I I. PURPOSE AND SCOPE OF SERVICES: .A. Systems will acquire one or more sites and construct two homes which shall be used as residential facilities for severe and profoundly handicapped children. B. The property to be acquired and the completed homes shall meet the following criteria: 1. They shall be located within the corporate boundaries of the City of Iowa City, Iowa. 2. Upon completion, the homes shall, at a minimum, meet the requirements of the Iowa Department of Social Services for Child Care Facilities. 3. In all other respects, they shall conform to all applicable laws, codes, and ordinances of the City of Iowa City and the State of Iowa. C. Selection of the sites to be acquired shall be made by Systems, with written concurrence of the City. D. Development of architectural designs, choice of contractor and supervision of construction shall be the responsibility of Systems with written concurrence of the City. 1 (I' j MICROFILMED BY ` DORM._MICROLA9-, CEDAR RAPIDS DES 14019ES I 76.5 J 4 1 !1 2 a E. Technical assistance in the preparation of bid packets, awarding of contracts, and monitoring of site improvements to be funded under the CDBG program, shall be provided by the City. The City shall determine that site acquisition and site improvements procedures meet HUD standards. { F. Following their completion, the structures shall be occupied and utilized by Systems solely as homes for severe and profoundly handicapped children. II. TIME OF PERFORMANCE Systems will perform according to the following schedule: t Program Element Deadline 1. Acquisition of Property May 15 1983 2. Contract for Construction June 15, 1983 i 3. Completion of Construction October 31, 1983 4 4. Facility in Operation November 30, 1983 5. Continued facility operation December 1, 1983 - November 30, 1993. S This schedule is subject to change by mutual agreement of both b parties, in writing. Y , 4 ; III. COMPENSATION AND METHOD OF PAYMENT: The City will pay and Systems agrees to accept in full the amount of one hundred thousand dollars ($100,000) for performance under this agreement, as follows: 1. Partial payment will be made upon presentation of a properly executed real estate sales agreement and all relevant financial agreements for the purchase of the property(s). Said partial i payment will be contingent, however, upon procurement of insurance as required by Section IV.C. of this agreement. ! 2. Balance of compensation due will be made upon presentation of a I properly executed contract for the site improvements on the property(s). The City will determine whether proposed site i improvements on the property meet the eligibility requirements ! and standards set by HUD for the CDBG program. j 3. The total of the above payments will not exceed $100,000. IV. TERMS AND CONDITIONS OF OWNERSHIP: i A. Title to the property(s) will be vested in the name of Systems Unlimited, Inc. B. The City will assume no responsibility or liability for the operation, program funding, or debts of the property(s). I MICROFILI4ED BY 1" JORM -MICR6 A6 CEDAR RAPIDS DES MOMES f 74-5— I ,6.5 JI I 3 C. Systems will, at its own expense, procure and maintain during the period of this agreement, all—risk property damage and liability insurance to be effective as of the date of possession of the property. Property damage coverage shall not be less than the current market value of the property, and liability coverage shall not be less than $100,000 bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. D. Systems will not sell, assign, or transfer any legal or equitable interest in the property(s) at any time prior to November 30, 1993, without the written approval of the City. E. In the event that Systems elects to sell or otherwise transfer legal or equitable interest in the property(s) prior to November 30, 1993, Systems will pay to the City a prorated share of the $100,000 as determined by the Special Promissory Note which is attached hereto as Exhibit A and is incorporated by this reference herein. Said Promissory Note shall be executed by Systems concurrent with the execution of this agreement. F. Except as provided herein, the term of this agreement shall be from the date of execution through November 30, 1993. G. This agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. PART II PERFORMANCE AND REPORTING: A. Systems will maintain and staff two homes for severe and profoundly handicapped children at the property to be acquired under this agreement until November 30, 1993, in a manner satisfactory to the City. B. Systems will direct all correspondence concerning this agreement to the office of the Iowa City Community Development Block Grant Program Coordinator. C. Systems will submit quarterly reports to said Program Coordinators office by the 20th day of February, May, August, and November of each contract year. In addition, an annual audited report will be submitted by March 1 of each contract year. Noreporting requirements shall extend beyond November 30, 1993. I 1 IIICROF ILRED BY f l --JORM MICROILAB- !j CEDAR RAPIDS • DES MOVIES J 76S J � r j ^ 4 I i Such reports will include, at a minimum, statistics pertaining to the numbers and county of residence of children housed in the facility. D. Not later than January 31, 1984, Systems will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS AUDITS, AND INSPECTIONS: , A. Systems will furnish the City or HUD with such statements, records, data, and information as the City or HUD may request pertaining to this agreement within the time requested. B. At any time during normal business hours, there shall be made available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of System's records with respect to this agreement in order to permit examination of any j audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. i C. Systems will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement. D. Systems agrees to abide by all applicable state and federal laws pertaining to housing and services for severe and profoundly handicapped children, if and when such laws would apply. i III. PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB I Circular A-102 shall apply to the use of funds disbursed under this agreement. IV. NONDISCRIMINATION: No person shall be excluded from or denied the benefits of the homes for severe and profoundly handicapped children on the basis of race, color, national origin, or sex. All prospective residents must, however, be children who are certified as severe or profoundly handicapped. i V. EQUAL EMPLOYMENT OPPORTUNITY: Systems certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa i 76•S 141CROFILMED BY JORM-MICR(6LA13 .} CEDAR RAPIDS • DES MOl.1E5 j VI. 5 Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, Systems will insure that all contracts for work under this agreement contain an appropriate equal employment opportunity statement. Systems will assist the City to comply with all historic Preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: Systems will comply with the requirements of the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they apply to the performance of this agreement. VIII. TERMINATION OF AGREEMENT FOR CAUSE: If Systems fails to fulfill its obligations under this agreement in a timely and proper manner, or if Systems violates any of the terms, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to Systems specifying the default, or defaults, and stating that this agreement will be terminated 30 days after the giving of such notice unless such default, or defaults, are remedied within such grace period. In the event of such termination, Systems will repay to the City the full amount of $100,000, or at the option of the City, shall convey legal title to the property(s) to the City of Iowa City. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this agreement pertains, shall have any private interest, direct or indirect, in this agreement. X. INTEREST OF SYSTEMS: Systems covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of 1 MICROFILMED BY 'JORMMICRE/C:A B-' CEDAR RAPIDS • DES MOMES I 76S T J 6 services to be performed under this agreement. Systems further covenants that in the performance of this agreement no person having such an interest shall be employed by Systems. XI. ASSIGNABILITY: Systems shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. XII. HOLD HARMLESS PROVISION: Systems shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 2&tb day of April 1983. CITY OF IOWA CITY BY: 9 MAYOR Ro:elved & Approved By The Legal Da ar6ncni ATTEST: 7% �f/> 4�z► ii 611 CLERK SYSTEMS UNLIMITED, INC. I BY: i MICRDFILMEO BY 1. "JORM -MICR#CAB_ CEDAR RAPIDS DES MDI WES g4s L�. EXHIBIT A SPECIAL PROMISSORY NOTE FOR VALUE RECEIVED, Systems Unlimited, Inc. (the undersigned), promises to pay to the order of the City of Iowa City (herein called the "City"), the sum of one hundred thousand dollars ($100,000). This Special Promissory Note shall bear no interest and shall have no installment payments. Repayment shall only be required as described below. However, the undersigned reserves the right to repay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums. Any amounts due hereunder shall be payable to the City at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, or at such other place as the City may designate. I In the event the undersigned shall fail toa the t f this Note when due as described below, the unpaid prin principal pal ount ofnthis Note shall become due and payable, at the option of the I City, without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such default. If suit is instituted by the City to recover this Note, the undersigned agrees to repay all costs of such collection, including reasonable attorney's fees and court costs. If, within ten (10) years from the date of the execution of this Note, the undersigned shall sell or otherwise transfer, deed, or convey the property(s) which is the subject matter of the Agreement between the City 1 and the undersigned dated ii 26 , 1983, the undersigned agrees to repay the City in the following manner: i A. If said property is sold or otherwise transferred within one (1) year from the date of this Note, 100 percent of the original principal amount of the Note shall be repaid. B. If said property is sold or otherwise transferred one (1) year after the date of this Note, 90 percent of the original principal amount of this Note, shall be repaid. F C. If said property is sold or otherwise transferred two (2) years after the date of this Note, 80 percent of the original principal amount of this Note shall be repaid. D. If said property is sold or otherwise transferred three (3) years after the date of this Note, 70 percent of the original principal amount of this Note shall be repaid. i E. If said property is sold or otherwise transferred four (4) years after the date of this Note, 60 percent of the original principal amount of this Note shall be repaid. F. If said property is sold or otherwise transferred five (5) years after the date of this Note, 50 percent of the original principal amount of this Note shall be repaid. G. If said property is sold or otherwise transferred six (6) years after the date of this Note, 40 percent of the original principal amount of this Note shall be repaid. H. If said property is sold or otherwise transferred seven (7) years after the date of this Note, 30 percent of the original principal amount of this Note shall be repaid. I. If said property is sold or otherwise transferred eight (8) years after the date of this Note, 20 percent of the original principal amount of this Note shall be repaid. J. If said property is sold or otherwise transferred nine (9) years after the date of this Note, 10 percent of the original principal amount of this Note shall be repaid. K. After ten (10) years from the date of this Note without a sale, transfer, deed, or other conveyance, the undersigned shall be under no obligation to repay any funds, and this Note shall be cancelled. 745- T f J L. The provisions of this Note shall be binding upon the successors, or assigns of the undersigned for a period of ten (10) years from the date of this Note. In witness whereof, this Note has been duly executed by the authorized representatives of the undersigned, on the26th day of aril , 1983. SYSTEMS UNLIMITED, INC. �- Signature Sig at e Sworn and subscribed to before me this /o day of M ct'"— 1983. min -((y o � NOTARY PU IC IN AND FOR JOHNSON COUNTY, IOWA �``'• MARY&MORMRIIY 9-3U-gs , ' CEDAR RAPIDS DES MOINES I 745- RESOLUTION NO. 83-104 RESOLUTION ESTABLISHING EXAMINATION FEES, LICENSING FEES AND PERMIT FEES FOR THE IOWA CITY PLUMBING CODE. WHEREAS, the City of Iowa City conducts examinations and licenses plumbers, and WHEREAS, the payment of a license fee is necessary to offset the administrative costs of licensing, and WHEREAS, it is in the public interest to require a permit prior to the performance of plumbing work, and WHEREAS, the payment of a permit fee is necessary to offset the administrative costs of permits, NOW BE IT SO RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: The fees for examinations and licenses shall be as follows: Examination Reinstatement Fee Annual Fee Fee Master Plumber's License $80.00 $35.00 $45.00 Journeyman Plumber's License 27.00 20.00 30.00 Apprentice Plumber's Registration 10.00 15.00 If a special meeting of the Board of Plumbing Examiners is held to conduct examinations, a double examination fee shall be assessed. The requirement of payment of the annual fee begins one year after the payment of the examination fee. An applicant shall pay the following fee at the time of issuance of the permit: SCHEDULE OF PERMIT FEES 1. Fixture, traps, or openings First 6.00 2-10, each 3.00 11 or more, each 2.00 2. Water softeners and heaters, and all other water connected appliances not connected to a sanitary sewer each 3.00 3. Minimum fee for any permit 10.00 1r— I i MICROFILMED BY 1.- -JORIVI MIC RIL,40-- CEDAR RAPIDS • DES MOINES ' I ;76 % �1 � \ t i . RE -INSPECTION FEES Inspection trips in excess of two each 10.00 . S t Governmental agencies are exempt from the plumbing permit fees required ? herein; provided however, the agencies will be required to pay the actual costs incurred by the City of Iowa City. i � i It was moved by Erdahl and seconded by McDonald the f Resolution be adopted, and upon roll call there were: 1 4 ) AYES: NAYS: ABSENT: -- -. x Balmer X Dickson x Erdahl x Lynch x McDonald x Neuhauser X Perret Passed and approved this 26th day of April 1983. MA OR t ATTEST:x�� ) I CI Y CLERK !i1 i } Received & Approved 14% DDporiment 7g i 767 i J MICROFILMED BY l JORM--"MIC RiDLAO-` CEDAR RAPIDS • DES MOINES RESOLUTION NO. 83-105 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH B & B ENGINEERING SERVICES FOR DESIGN OF THE STORM WATER PUMPING STATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with B & B. Engineering Services a copy of said agreement 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 with B & B Engineering Services for the design of the storm water pumping station at Ralston Creek and the Dearborn Street, Rundell Street and Center Avenue vicinity 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 B & B Engineering Services 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Erdahl and seconded by Perret that the resolution as read 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 26th day of April , 1983 . ATTEST: �%a�„rte e, fictf�% CITY CLERK Recolved & Approved By The Loral AMF7EEMENT This Agreement, made and entered into this 26th- day of ---.ApriL____, 1953, by and between the City of Iowa City, a municipal corporation herinafter referred to as the City, and H & B Engineering Services of Iowa City, Iowa, hereinafter referred to as the Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wits The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, reglion, sex, national origin, disability, age, marital status or sexual orientation. I. SCOPE_OF_SERVICES The City of Iowa City desires to improve the storm water drainage system in the vicinity of Rundell Street", Center Avenue and Dearborn Street near Ralston Creek, hereinafter called the Project. The City, through the use of its Engineering Division, intends to prepare designs, construction drawings, specifications and contract documents for the construction of the Project. The City intends to provide general observation and resident inspection of construction. The City intends to use the Consultant to aid it by providing engineering services for the desgin, drawings and specifications for the pumping station, discharge force main and outlet into the creek, hereinafter called the Pump Station. 1 1 I i MICROFILMED BY --"JORM-'MICR46L.46 _ ' CEDAR RAPIDS • DES ,An INES � I 7n 9 A. Sasic Serv_ices_of the_Consultant Consultant shall perform professional services as hereinafter stated which include customary civil, structural, mechanical and electrical engineering services for the Pump Station. I. Study and Report Phase. After written authorization to proceed, Consultant shall: I.I. Consult with City to understand the City's requirements for the Project and review available data. 1.2. Provide analyses of City's needs% review the City's hydraulic calculations, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 1.3. Assist the City with a general economic analysis of the various alternatives. 1.4. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved and the alternative solutons available to City and setting forth Consultant's findings and recommendations with opinions of probable construction cost for Pump Station. 1.5. Furnish five copies of the Report and present and review it in person with City. 2. Final Design Phase. After written authorization to proceed with the Final Design Phase, Consultant shall: 2.1. On the basis of the accepted Report prepare for incorporation in the Contract Documents, final Drawings and Specifications to show the character and extent of the Pump Station. 2.2. Conduct topographic surveys of the site for the Pump station and outlet into the creek. Consultant will be furnished all survey information which has been obtained by the City. E -76:19 1 i MICROFILMED BY - �l —'JORM-MIC MINES % CEDAR RAPIDS DES LS MIdO L'4ES I � l 2.3. Consult with the City's Engineering Division to coordinate efforts on the preparation of the final design and construction documents for the Project. 2.4. Furnish five copies of the Drawings, Specifications and cost estimates and present and review them in person with City. 2.5. Furnish the original mylar drawings and the original of the Specifications for the City to use in printing copies for the Contracting Phase. 3. Contracting Phase. 3.1. Consult with and advise City as to the acceptability of substitute materials and equipment proposed by Contractor when substitution prior to the award of contracts is allowed by the bidding documents. 4. Construction Phase. During the Construction Phase Consultant shalis 4.1. Review Shop Drawings, the results of tests and inspections and other data which each Contractor is required to submit, but only for conformance with the design concept of the Pump Station and compliance with the information given in the Contract Documents but such review and approval or other action shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions and programs incident thereto; determine the acceptability of substitute materials and equipment proposed by Contractor= and receive and review for general content as required by the Specifications maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by Contractor in accordance with the Contract Documents. 4.2. Conduct a final inspection to determine if the Pump Station is substantially complete and a final inspection to determine if the work has been completed in accordance with the Contract Documents. 3 76i MICROFILMED BY i I 1 "DORM "MIC R6tiLA B CEDAR RAPIDS DES MOIRES I H. Special_Sgrvices_of_the_Consultant The Consultant, upon request by the City Engineer, shall assist and advise the City during construction relative to this Project, and shall provide the following special services. 1. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered) 2. Review laboratory reports, materials and equipment; 3. Make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractor(s) or the j safety precautions and programs incident to the work of Contractor(s). His efforts shall be directed toward providing assurance for City that + the completed Project conforms to the Contract Documents. During such visits and on the basis jof his on-site observations he shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of Contractor(s) and shall recommend disapproval or rejection of work failing to conform to the Contract Documents. Such sites visits are not intended to substitute for technical observations by an on-site resident inspector employed by the City. 4. Make a final inspection report to the City upon completion of the Project. 5. The Consultant and the City shall discuss interpretations of the requirements of the construction Contract Documents. Upon request by the City Engineer, the Consultant agrees to furnish the following additional special services either with their own forces or by hiring others. Such special services include, but are not necessarily limited to, the following: 6. Soil investigation, including test borings, related analysis and recommendations; 4 749 1 MICROFILMED BY -JORM R(�L/CB- CEDAR RAPIDS - • DES I4019E5 � 7. Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and draftings; S. Assist the City as expert witness in litigation arising from the development or construction of the Project and in hearings before various approving and regulatory agencies. C. Engineer ing _So ryie@s_by_thy_City The City acting through its Engineering Division will act as the lead professional for the design and observation of construction of the Project. The City is responsible for the following services: I. Preliminary and final calculations, designs, drawings and specifications for all storm sewers, inlets, manholes and apppurtenances (except pumping station, discharge force main and outlet to the creek) and removal and replacement of streets, sidewalks and driveways, vegetation and buried utilities. 2. All survey work and preparation of working site drawings for the design of the improvements except the survey work which is required from the Consultant for the Pump Station. S. Preparation of cost estimates using the cost estimate for the pumping station which shall be provided by the Consultant. 4. Soil borings or subsurface investigations except those which are requested from Consultant. S. Legal land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and drafting necessary to obtain right-of-way or construction easements except those services which are requested from the Consultant. 6. Preparation of construction contract bidding documents. 7. Conducting the public hearing, advertising for bids, printing and distribution of drawings and ■pecifications to bidders. 8. Tabulating and analysis of bid results and recommendations on award of construction contracts. 9. Preparation of construction contract award documents. J 7069 1 i MICROFILMED BY _JORM MICROLAB" ' L� CEDAR RAPIDS DES MOINES 10. General services during construction. 11. Providing resident inspector on the site during construction of the Project. 12. Consult with Consultant frequently during the preparation of design and construction drawings, bidding and construction phases of the project to keep Consultant informed and advise Consultant when the City needs the Consultant's services. 13. Make a final inspection of the completed construction and advise the Consultant of any discrepancies which may be important to the Consultant. TIME-OF_CDMPLETION The Consultant shall complete each phase of this Project within the times listed belowi Basic Services - 60 calendar days after notice to proceed. Special Servicss - The Consultant has no control or obligation for time for completion during these services. SENERAL_TERMS A. Should the City terminate the contract, said Consultant shall be paid on the.basis of the schedule of hourly fess and charges for professional services, as shown in Section IV, for all work and services performed up to the time of termination. However, such sum shall not exceed the "not -to -exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) days written notice, to the other'party. S. This Agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the written consent of all parties to said agreement. C. Consultant agrees to indemnify and hold harmless the City of Iowa City, its officers, employees, and agents against any liability or claim of damages arising out of the negligent acts, errors, or omissions of the Consultant, his employees, or agents. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of said Project P i 141CROFILMED BY '"JORM"-MICR<SLAS CEDAR RAPIDS • DES MOINES _ I1 WA J shall be exclusive but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.00 multiplier times the amount billed. E. It is agreed by the City that all records and files pertaining to information needed for said Project shall be made available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the uses of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or county law or any of the ordinances of the City of Iowa City, Iowa. G. Edward Brinton, an employee of the Consultant, shall attend such meetings of the City Council relative to work set forth in this contract and as may be reasonably requested by the City. Any requirements made by the City shall be given with reasonable notice so that he may. attend. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Consultant shall not be liable for use of such documents an other projects. I. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. J. The City agrees to tender to the Consultant all feas and money in accordance with the schedule in Section IV except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment.of the amount sufficient to properly complete the project in accordance with this Agreement. K. Should any section of this contract be found invalid, it is agreed that all of its sections shall remain in full force and effect as though severable from the part invalid. -7G9 1 MICROFIL14ED BY I --JORM""-MICR6LAB CEDAR RAPIDS • DES MOINES ! I 11, L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for their filing use. M. Direct personnel expenses for the purpose of this contract shall be defined as hourly wage plus retirement and fringe benefits. Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. N. Records of the Consultant's direct personnel expense, Consultant expense, and reimbursable expenses pertinent to the Project, and records of account between the City and the Consultant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutually convenient times. 0. Reimbursable expenses include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listedt I. Expense of transportation and living when travelling in connection with the project, for long distance calls and telegrams, and for extraordinary work required by the City pursuant to its written direction. 2. Expense of reproduction, postage, and handling of drawings and specifications, excluding copies for Consultant's office use. 3. Fees paid for securing approval of authorities having jurisdiction over the Project. Fees paid by the Consultant for special consultants employed with the City's prior written approval for services other than those defined in this contract. IV. COMPEN9ATION_FOR-SERVICES The City agrees to pay for services stated in this contract an the basis of the following feast Basic Services - The Consultant shall.be paid upon 2.06 times Direct Personnel Expense. The total fee for the Basic Services shall not exceed eight thousand dollars ($81000.00) including reimbursable expense. B M 1 i MICROE1.14ED BY 1. -JORM -MICROCAB - 1 CEDAR RAPIDS DES MOINES I I Special Services - The total fee for each requested duty shall be established before the beginning of that task and shall be compensated in the following manner: a. All Special Services shall be compensated at a fee based upon 2.06 times Direct Personnel Expense plus reimbursable expenses. The Direct Personnel Expense of all personnel classifications associated with this Project shall be as shown below. The City agrees to reimburse the Consultant for reimbursable expenses listed in Section III -0. at cost. The Consultant shall furnish receipts of all outside expenses upon request. Direct Personnel Expense through October 30, 1982 � I Per Hour Senior Design Engineer $17.00 Junior Design Engineer $14.50 Technician $12.00 Junior Engineer Technician $10.75 1 Secretary/Typist $ 7.25 All fees shall be billed and due payable monthly. With each billing the Consultant shall list the individual classification, the hours worked, and the hourly rate. Billing shall be broken down into the following categories: Basic Services Special Service (detailed) All provisions of this Agreement when not specifically I defined shall be reconciled in accordancewith the highest iideals of the Engineering and Architectural Profession. It is further stated that there are no other considerations or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement FOR THE CITY: f ATTEST; " - --------- FOR THE CONSULTANT: ATTE - � e-54- - Received E Approved 9 By The Legal Dopa imam 1r �1z0 �3 I MICRDEILMED BY -� l" —DORM "MIC ROLAB J CEDAR RAPIDS DES'MOINES C � : RESOLUTION NO. 83-106 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH THE CEDAR RAPIDS & IOWA CITY RAILWAY COMPANY AND THE IOWA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, has negotiated three agreements with the Cedar Rapids & Iowa City Railway Company and the Iowa Department of Transportation, a copy of said agreements 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 agreements with the Cedar Rapids & Iowa City Railway Company and Iowa Department of Transportation for grade crossing surface repair on Capitol, Clinton and Dubuque Streets. 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 Cedar Rapids & Iowa City Railway Company and the Iowa Department of Transportation. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Dickson and seconded by Perret 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 26th day of April , 1983. MAYOR ATTEST: CI -TY CLERKKK Receive<U 8 Approved 6y Th& Legal De olirnent MICROFILI4ED BY I) 1"- -JORM"-MIC RfJCA 13--- 1... CEDAR RAPIDS • DES M01NES I 77d STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND AGREEMENT Countva04;to✓v/ 1 State Numher13¢l8 Road n doh 'Sfi r% AAR-DOT Number �%-302^ THIS AGREEMENT, made and entered into by and between ghway havinq primary .jurisdiction over the subiect public hiqhwav, street, or alley hereinafter referred to as the Hiahway Authority, and the Track Owner with principal offices located at r�G 1 OCG` hereinafter referred to as the Company. The Highway Authority an the Company agree ontty necessity o repair the at - grade crossing located at v J gGi�r��� Gi'4dG Cj�, TOH 57/CG7 //J ►G,vets.. Ci General Description) and further agree as follows. SECTION I. The Highway Authoritv and the Company each agree to pay one- third (1/3) of the total cost to repair this crossinq. The Railroad Division of the Iowa Department of Transportation, hereinafter referred to as the Railroad Division agrees the State's Grade Crossing Surface Repair Fund shall be used to pay one-third (1/3) of the total actual and necessary cost to repair this crossing. SECTION II. The Co��IIpan w 1 complete the repair of this crossing as soon as possible and within Yw ac months after the Hiqhwav Authority authorizes it to proceed. An itemized statement of the work to he performed and its estimated cost is shown in Exhibit "A" attached hereto and herehy made a part of this agreement. The Company will notify the Highway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Highway Authoritv ample noportunity to document the materials and labor required for the work covered hereunder. SECTION 111. The Company and the Hiqhwav Authority fur Cher aqree: The highway he closed durinq repair, or The highway will remain open to one -lane traffic during repair, or A highway runaround will be constructed to permit. two-lane traffic during reoair. I(I i 141CROFIL14ED BY -'JOR M-"MICR46CA13_- CEDAR RAPIDS • DES MOINES r -J If the highway is to be closed, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) clays in advance of the actual starting date to allow the Highway Authority to sign and implement the detour. If traffic is to be maintained for either one or two lanes, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the starting date to allow the Highway Authority adequate time to provide and Place appropriate signs. SECTION IV. The Company will keep an accurate and detailed account of the work as represented by the items shown in said Exhibit"A" Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing shall conform to Federal -Aid Highway Program Manual 1-4-3. SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway i Authority shall transmit the billing to the Railroad Division along with a certification of protect acceptance and completion (Form 640003), and recommendation for payment. SECTION VI. The Railroad Division, upon receipt of the billing shall review, audit if necessary, and determine the approved final reimbursable amount. The Railroad Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Railroad Division shall each process payment to the Company in an amount equal to one-third (1/3) of the total approved reimbursable amount. s gremnt may b i counterparts, Veach oftwhichesoeexecutedeandedelivered shallebeddeemedin twotorbeoan original and all shall constitute but one and the same original. Executed hy^:;,,%p RAPIyAN&NCompany IWAY COMPANY n. )rowa .5?.'^t —. Autltorizinq Agent y- �y- ! Highway Authority snt Date x_S,LIu C A,nlll��, t..�o. 4— Z8 —83 Authortzt Agent Date Rai Ir d Division Authortz q pge�t CD — lee 9 3 Highway Authority Contact Person Fha k li. f a l m c�ic Address �/D E, a / T a 77 1,,, Telephone No. 31 q - 356—x"/ 43 72atn1v6d 3 A'.pnravod OY KThv logal I)epnr�tmcnt ppT. MICROFILMED BY 11.LC =JORM-MICRC % f CEDAR RAPIDS •DES MDINESIYES 4187. ,n-. .... a J DETA, \.D LIST OF PROPERTY TO .^ INVESTED sNan No. TIT" OF FaFaalaCT: �--T-• I FA[IARED EY • Rebuild two (2) track crossings at Clinton Street in Iowa Ci Iowa OUANTITT INaTALLEDI DEaoRI►TION OF ITEMS Imo_ • e MATERIAL: Track ties 1I225# rail 11225# plates 12225# bars Spikes Welds (rail) Ballast Mud -rail and braces Fabric - 101 wide Asphalt LABOR: Company MACHINERY: Tamper Pettibone Crane Section Truck Dump Truck Roadmaster Truck Welder Total Material 20% Overhead TOTAL - 50% Overhead Total Labor - Total Machinery Material, Machinery Labor TOTAL - •1AAN5r9PnT0 Ano LALVAORD YAISA1AL TO IE LIPTPD LOMNPLI, 90 15.00/e. 312 5.00/ft 180 2.00 a 30.00 3 kegs $75/keg 4 200.00 30 ton $4/ton 4801 $2/ft 560 SgFt.50/SgFI 30 ton $25/ton hrs I $13/hr 12 hrs $40/hr 24 hrs $50/hr 8 hrs $50/hr 40 hrs $30/hr 20 lira $30/hr 20 hrs $15/hr 24 hrs $35/hr 1 I4ICROEILMED BY + -i JORM- -MIC R#L AB'- ' CEDAR RAPIDS A DES 14019E5 f AMOUNT' 1350 00 1560 00 360 00 240 00 225 00 i 800 00 120 00 960 00 780 00 750 00 7145 00 1429 00 1 8574 00 3900 00 1950 00 5850 00 480 00 1200 00 400 00 1200 00 600 00 300 00 840 00 5020 00 1- 8$74 00 5020 00 i 19,444 i � r i STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND AGREEMENT j CountyJD/7,¢gan State Number��L��j E ' i Road DL qu e- AAR-DOT Number �o07 300 - u THIS AGREEMENT, made and entered into by and between r iKighway Authority havinq primary jurisdiction over the subiect public highway, street, or alley j hereinafter referred to as the Highway Authority, and the �r i Did r Gni✓ Zo—u-�G. C., 14 y6aeX-VaY Track owner)—�T f with principal offices located at �r �G P� d -s { hereinafter referred to as the Company. The Highwav Authority and the Company agree on a necessit to r?pair th at- �. grade.crosslnq located at �if� CG/i?o�.� ofs�o�. ��ra��Gfsi�Jo • T. � 01 �•�u64r1CjP",e C, 11n 1ov�� eery! 1oua s:i General Description) �:i and further agree as follows. p i j SECTION I. The Highway Authoritv and the Comoanv each aqr?e to pay one- +i third (1/3) of the total cost to repair this crossinq. The Railroad Division of the,. Iowa Department of Transportation, hereinafter referred to as the Railroad ' Division agrees the State's Grade Crossing Surface Repair Fund shall he used to pay one-third (1/3) of the total actual and necessary cost to repair this crossing. si SECTION II. The Company will complete the repair of this crossing as soon vJ I as possible and within u e & months after the Highway Authority authorizes it to proceed. An itemized statement of the work to he performed and its estimated cost is shown in Exhibit "A" attached hereto and herehy made a part of this agreement. The Company will notifv the Highway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Highway Authority ample opportunity to document. the materials and labor required for the work coverer) hereunder. ; SECTION Ili. The Company and the Hiqhwav Authority further agree: The highway be closed durinq repair, or i.' The highway will remain open to one -lane traffic during repair, or A highway runaround will he constructed to permit two-lane, traffic durinq repair. t L MICROFILMED BY JORM--MICR4ILA13'_ I CEDAR RAPIDS • DES MOVIES I� i If the highway is to be closed, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the actual starting date to allow the Highway Authority to sign and implement the detour. if traffic is to be maintained for either one or two lanes, the Company shall advise the Highway'Authority Contact Person a minimum of fourteen (14) days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate signs. I SECTION IV. The Company will keep an accurate and detailed account of the work as represented by the items shown in said Exhibit"A". Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing shall conform to Federal -Aid Highway Program Manual 1-4-3. SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway Authority shall transmit the billing to the Railroad Division along, with a certification of project acceptance and completion (Form 640003), and recommendation for payment. SECTION Vi. The Railroad Division, upon receipt of the billing shall review, audit if necessarv, and determine the approved final reimbursable amount. The Railroad Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Railroad Division shall each process payment to the Company in an amount equal to one-third (1/3) of the total approved reimbursable amount. SECTION VII. This agreement may be executed and delivered in two or more counterparts, each of,which so executed and delivered shall be deemed to be an original and all shall constitute bilt one and the same original. Executed byCEDAR RAPIDS -AND IOWA CI RAILWAY COMPANY Company P. O. Ao<35t °r,l ; .o Iowa Authorizing Agent .?C_ ;,r, .1 g„j Date Highway Authority r 1AAau� C -ikil Authorizij Agent Railroad Division P Agent Au Irorrz ng ---” — 4 —zS —83 Date Highway Authority Contact Person %-) a., )C k�_�-wr•rn✓� —_ _— Address Telephone No. 3/ 9 - 356- $� _ w ek Reeoived $ Approved By Ths legal D -part :rat � �X3 7-140 4/87. i :.,.�F.'�a'1T"��� ri�t�}iC�'�i�iti��.:l �.... �.::�o�. ik.K1719::tC�'.:3EA'.:,'.1,. ."J'Tiis.r"}'•.�,L-`: �;,,- •---•-r--� 7 7W�•-�• i � r IdICROFILMED BY � 'j CEDAR RAPIDS DES MINES • rj STATE OF IOWA GRADE CROSSING SURFACE REPAIR FUND AGREEMENT Counkyl oka 50n// State Number Roadpito 1CS1rCC AAR-DOT Numher�! THIS AGREEMENT, made and entered into by and between w VA havinq primary jurisdiction over the subject public highway, street, or alley hereinafter referred /to as the Hiqhway Authority, andel the Li QaG r' !Cr .Gael-trZ., 7 Track Owner with principal offices located at �r /Srl�i A s_.1 hereinafter referred to as the Company. �� The Highway Authority and the Company agree on the neces itv to repair the at - grade crossinq located atna �„✓asnv s ,���o �io� CioJsi o5 T/— criotion and further aqree as follows. SECTION I. The Highway Authority and the ComDany each agree to pay one- third (1/3) of the total cost to repair this crossinq. The Railroad Division of the Iowa Department of Transportation, hereinafter referred to as the Railroad Division agrees the State's Grade Crossing Surfac? Repair Fund shall be used to Day one-third (1/3) of the total actual and necessary cost to repair this crossing. SECTION II. The Co pan w 11 complete the repair of this crossinq as soon as possible and within e.&� months after the Hiqhway Authority authorizes it to proceed. An itemized statement of the work to he performed and its estimated cost is shown in Exhibit "A" attached hereto and herehy madn a Dart of this agreement. The Company will notify the Hiqhway Authority's Contact Person prior to the start of its work, or any part or phase thereof and will provide the Hiqhway Authority ample opportunity to document. the materials and lahnr required for the work covered hereunder. SECTION 111. The Company and the Hiqhwav Authority further agree: The highway be closed during repair, or The hiqhway will remain open to one -lane traffic durinq reoair, or A highway runaround will he constructed to permit two-lane traffic durinq reDair. MICROFILMED BY JORM-MICRCA13 _ CEDAR RAPIDS DES ROINES A JI If the highway is to be closed, the Company shall advise the Highway Authoritv Contact Person a minimum of fourteen (14) days in advance of the actual starting date to allow the Highway Authority to sign.and implement the detour. If traffic is to be maintained for either one or two lanes, the Company shall advise the Highway Authority Contact Person a minimum of fourteen (14) days in advance of the starting date to allow the Highway Authority adequate time to provide and place appropriate signs. j SECTION IV. The Company will keep an accurate and detailed account of the work as represented by the items shown in said Exhibit "A". Upon completion of the work by the Company, the Company will transmit a detailed statement, in no less than five (5) counterparts to the Highway Authority Contact Person. The Company billing shall conform to Federal -Aid Highway Program Manual 1-4-3. .1 0 SECTION V. The Highway Authority will review the billing for reasonable conformance with the agreement. If the billing is approved, the Highway j Authority shall transmit the billing to the Railroad Division along with a J certification of protect acceptance and completion (Form 640003), and recommendation for payment. f SECTION VI. The Railroad Division, upon receipt of the billing shall 1 review, audit if necessary, and determine the approved final reimbursable amount. The Railroad Division shall notify the Highway Authority of the final reimbursable amount whereupon the Highway Authority and Railroad Division shall ; each 'process payment to the Company in an amount equal to one-third (1/3) of the total approved reimbursable amount. i SECTION 111. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an j original and all shall constitute but one and the same original. {' Executed byCEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY Company P. O. Bo. 35 Cedq(,kopids, 14-u 57 196 Authorizing Agent _( Date Highway Authority �F-28-83 Authoriz• g Agent Date I Railroad Division i Auth riznng Agent — (Dat.e Highway Authority Contact Person AddresS_L+/D E. ��te cS�. i—ow�. C.1<q , =o•��a rZ2y0 Telephone No. 3/9—3s6—Si/t3 Received iL Approved 4/82 By The Legal DePrd.-nenl MICROFILMED BY DORM" -MIC R�L'"A B'- ' rj CEDAR RAPIDS DES MOINES I i i - CEDAR 1PIDS AND IOWA CITY RAILW-' COMPANY DETAILED LIST OF PROPERTY TO BE INVESTED SNER NO.- TITLE OF PROJECT: PAEPAR EO BY • Rebuild two (2) track crossings at Capitol St. in Iowa City, Sal J • QUANTITY INSTALLED it-- DESCRIPTION OP IrEMf EErIMArEO COET QUANTITY I UNITCOST AMOUNT - MATERIAL: Track ties 90 15.00lea 1350 90 11225# rail 312 5.00/ft 1560 90 11225# plates 180 2.00lea 360 90 11225# bars 8 30.00 240 20 Spikes 3 kegs 75/keg 225 70 Welds (rail) 4 200.00 800 0 Ballast 30 ton 4.00/ton 120 0 Mud -rail and braces 480 ft 2.00/ft 960 0 Fabric - 10' wide 560 sq.f .501sqrt 780 0 Asphalt 30 ton 25/ton 750 00 Total Material - 7145 00 2O% Overhead 1429 00 TOTAL - 8574 00 LABOR: Company 300 hrs 13.00/hr 3900 00 50% Overhead 1950 00 TOTAL - 5,850 00 MACHINERY: Tamper 12 hrs $40/hr 480 00 Pettibone 24 hrs $50/hr 1200 00 Crane 8 hrs $50/hr 400 00 Section Truck 40 hrs $30/hr 1200 00 Dump Truck 20 hrs $30/hr 600 00 Headmaster Truck 20 hrs $15/hr 300 00 Welder 24 hrs $35/hr 840 00 Total Machinery - 5020 00 Material 8574 00 Labor 5850 00 Machinery 5020 00 TOTAL - 19,444 00 MICROFILMED BY J0RM'-"MICR46Ci49_- CEDAR RAPIDS • DES MOIRES RESOLUTION NO. 83-107 A RESOLUTION SETTING PARKING TIME LIMITS IN THE CHAUNCEY SWAN PLAZA PARKING LOT. WHEREAS, Chapter 23-277, Code of Iowa City, establishes provisions for parking lots, and WHEREAS, there is a need for five-hour parking in the area of Chauncey Swan Plaza. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: Seven parking meters, LCP1 through LCP7, be converted from two-hour parking meters to five-hour parking meters. 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 Passed and approved this 26th day of April , 1983. MAYOR ATTEST: C TY CLERK By The L:gzi Uej.!ICi i n} i MICROFILMED BY JORM-`MICR(6L,4B` ���111 ljjj ICEDAR RAPIDS • DES MOINES ' 7/ A d i j RESOLUTION NO. 83-108 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION. WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and, WHEREAS, it is necessary to amend the FY83 Budget included in Resolution No. 80-11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that Resolution No. 80-11 is amended by: 1. The addition of one half-time (20 hours) Civil Rights Assistant position in the Civil Rights Division in Range 6 of the Classified Pay Plan. It was moved by Erdahl and seconded byPer�— 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 26th day of April 1983. j mo 0 YO I ATTEST: r) CITY CLERK 1 141CROFILMED BY I i_ -1 -, DORM `MIC R(JCA©�" CEDAR RAPIDS DES MOINES I ' Received & Apprcvcd BY Thr. Lcgal D^py?mcnt 77z �J I RESOLUTION NO. 83-109 RESOLUTION AUTHORIZING INCREASE IN COMPENSATION FOR THE CITY ATTORNEY WHEREAS, the City Council has completed its evaluation of the City Attorney as to his performance and his compensation; and WHEREAS, the rate of compensation has remained the same since July 1, 1981, and the compensation should be increased from the present rate of $44.00 per hour for office work and $49.00 per hour for litigation work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the compensation of the City Attorney is hereby estab- lished at the rate of $47.00 per hour for office work and $52.00 per hour for litigation work. 2. That this increase in compensation shall be deemed effective as of February 1, 1983. It was moved by Erdahl and seconded by McDonald that the resolution as read 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 this26th day of April , 1983. ATTEST: CIT71�a Y CLRK , YORE By Thelved & Appro vd 634aj� ePaNn�M `W k . �'— 111CROEILMED BY DORM-MICROLA er - 111 CEDAR RAPIDS DES MOINES 773 City of Iowa City MEMORANDUM DATE: April 14, 1983 TO: City Council FROM: Robert W. Jansen, City Attorney I� Wrz� RE: City Attorney's Compensation As part of the evaluation process completed in January, the Council informed me that the hourly rate established for the City Attorney is increased from $44.00 per hour for office work to $47.00 per hour and the hourly rate for litigation work is increased from $49.00 per hour to $52.00 per hour. However, the effective date for the change in compensation either was not indicated to me or I did not pick it up. The Finance Director has informed me that it will be necessary for a Council resolution to authorize this increase and accordingly, the attached resolution is presented to you. If the Council is of the opinion that the increase in compensation should be effective at a date other than February 1st, I will then, of course, present a new resolution. Attachment 1 MICROFILMED BY IL"JORM._.MICR6LA �." CEDAR RAPIDS • DES MOINES /J