HomeMy WebLinkAbout1983-06-07 ResolutionRESOLUTION NO. 83-165
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made appli-
cation and paid the mulct tax required by law for the sale of
cigarettes and cigarette papers; therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
Fitzpatrick's, 525 S. Gilbert Street, Iowa City, IA 52240
It was moved by McDonald and seconded by Perret
that the Resolution as read be adopted, and upon roll call there
were:
Balmer
Erdahl
Neuhauser
Perret
Dickson
McDonald
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Passed and approved this 7th day of June ,
19 83
Attest:2u... i �� �!
City Clerk
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RESOLUTION NO. 83-166
RESOLUTION ADOPTING SUPPLEMENT NUMBER SIXTEEN TO THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA
WHEREAS, the Municipal Code Corporation has prepared the 16th supple-
ment to the Code of Ordinances of the City of Iowa City, Iowa, and,
WHEREAS, it is deemed appropriate to adopt supplement number 16 by
resolution as a part of the said Code of Ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That supplement number 16 to the Code of Ordinances of the City
of Iowa City, Iowa, attached to this Resolution as Exhibit A, and by
this reference made a part hereof, is hereby officially adopted as a
part of the said Code of Ordinances.
2.' That the Mayor is authorized to sign, and the City Clerk to attest,
this Resolution.
It was moved by McDonald and seconded by Perret the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Erdahl
X _ Lynch
X Neuhauser
X Perret
X Dickson
X McDonald
Passed and approved this 7th day of June , 198 3.
MAYOR
ATTEST:
CITY CLERK
�r
S� ,MICROFILMED BY - �I
!JORM MICROLAB y
CEDAR RAPIDs•DEs'HoInEs
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Received E Approvod
By The Legal De arfinenf
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RESOLUTION NO. 83-167
RESOLUTION ACCEPTING THE WORK FOR
THE CIVIC CENTER ROOF REPAIR PROJECT,
FY82
WHEREAS, the Engineering Division has recommended that the improvements
covering the Civic Center Roof Repair Project, FY82
as included in a contract between the City of Iowa City and
Slade Brothers Roofing Company of Coralville, Iowa
dated August 26, 1981 , be accepted, and
WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be hereby accepted by the City of Iowa City, Iowa.
It was moved by McDonald and seconded by Ferret
that the resolution as read be adopted—, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Balmer
Dickson
X
Erdahl
X
Lynch
X
McDonald
X
Neuhauser
X
Perret
Passed and approved this 7th day of June 19 83 .
1A�a� c
MAYOR
ATTEST: 4,' _,_ e 4i
CITY CLERK
I MICROFILMED BY
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' CEDAR RAMS-bES-MOINES- (
Roeoivod d, Approved
B Tho Legal DopaArrnas
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CITY OF�� IOW, CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000
ENGINEER'S REPORT
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May 31, 1983
Honorable Mayor and City Council
Iowa City
Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans
and specifications of the Engineering Division of the City of Iowa
City. The required maintenance bond is on file in the City Clerk's
office.
I The Civic Center Roof Repair Project, FY82 as constructed by
Slade Brothers Roofing Company of Coralville, Iowa.
I hereby recommend that the above mentioned improvements be accepted
by the City of Iowa City.
i s ctfully b 'tted,
Frank K. Farmer
City Engineer
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RESOLUTION NO. 83-168
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF GREEN
LANDS SUBDIVISION OF JOHNSON COUNTY, IOWA.
WHEREAS, the owners, Sylvan and Agnes Addink, Donna Hamm, and Green Lands
Company, have filed with the City Clerk of Iowa City, Iowa, an application
for approval of the preliminary and final plat of Green Lands Subdivision;
and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed preliminary and final plat and
have recommended approval of same; and
WHEREAS, the preliminary and final plat have been examined by the Planning
and Zoning Commission and after due deliberation the Commission has
recommended that it be accepted as approved; and
WHEREAS, the preliminary and final plat is found toconform with the
requirements of 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:
I• hereby That the preliminary and final plat of Green Lands Subdivision is
requiirementroved with a waiver
sof the preliminary platting
2. That the City Clerk of the City of Iowa City, Iowa, is hereby
and
authorized
the preliminary and finalrected to lfy plathafterroval of passage andsapprovl by
law; and the owner/subdivider shall record them at the Office oflthe
County Recorder of Johnson County, Iowa, before the issuance of any
building permits is authorized.
It was moved b r
Y McDonald and seconded by '
the Resolution be adopted, and upon roll call there were:Balmer
AYES: NAYS: ABSENT:
X
X Balmer {
X Dickson l
X Erdahl ++
XLynch l
X McDonald
X Neuhauser
Perret
Passed and approved this 7th day of June
�-- e 1983.
MAYOOR���t
ATTEST:
CITY CLERK ��',
s�t,tvocl d Apprevc.i
By lir, Legal Depo rn
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MICROFILMED BY
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CEDAR RAPIDS•OES*MOINESr
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Karin Franklin
Item: S-8312. Green Lands Subdivision Date: May 19, 1983
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan Update:
Existing land use and zoning:
Surrounding land use and zoning
Applicable regulations:
45 -day limitation period:
60 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Public services:
Transportation:
Green Lands Company
528 S. Clinton St.
Iowa City, Iowa 52240
Approval of a preliminary and final
subdivision plat.
To subdivide approximately 1.33 acres
into three lots.
The 1800 block of Court Street between
Seventh Avenue and Morningside
Drive.
1.33 acres M/L.
2-8 dwelling units per acre.
Residential and vacant; RIB.
North - residential; RIB.
South, East and West - residential;
RIB.
Provisions of the Subdivision
Ordinance.
6/9/83
6/24/83
Sanitary sewer lines and water are
available.
Police and fire protection can be
Provided.
Access is provided off of Court Street
for Lots 1 and 2 and off of High Street
for Lot 3; a bus route runs along
Court Street.
Physical characteristics: Gently sloping from north to south.
ANALIS
proposedThe
niihree s in an rea Of Iowa ewhich surronedy eXistigdevelopmentThe subdivisionrequires no extensions of
streets or sewers. The plat substantially conforms with the provisions of the
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Subdivision Ordinance and the Zoning Ordinance. All the necessary legal
papers have been submitted.
The property is being subdivided at this time to clear title to the land for
resale. Since the three lots are currently in the hands of three separate
entities, the property is, in effect, subdivided. However, the formal platting
of a subdivision has never taken place in accordance with the law. Therefore,
at this time approval of the necessary platting is requested.
The sewer service provided in this subdivision empties into the Rundell Street
branch of the horseshoe trunk. The Commission has expressed an intention to
deny any new subdivisions of property, not subject to any agreements, which
empty into the horseshoe system. In this case, there are no agreements
regarding sewer capacity. However, there is an existing subdivision, in effect,
through different ownership of the lots. The action sought here is an attempt
to clarify and rectify legal aspects of the existing ownership which resulted
prior to the establishment of any policies concerning sewer capacity.
STAFF RECOMMENDATION
The staff recommends that this subdivision be approved upon resolution of any
deficiencies based on the fact that the approval sought is for clarification of
title and does not create new lots.
DEFICIENCIES AND DISCREPANCIES
1. Existing utilities, water, storm sewer and sanitary sewer should be shown
on the plat.
2. A signature block for utilities and Hawkeye CableVision should be
provided.
3. Contours should be shown.
4. The title opinion should include a metes and bounds description of the
Individual lots.
ATTACHMENT
Location Map.
ACCOMPANIMENT
Preliminary and final plats.
Approved
Program
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of Planning and
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IOWA
LOCATION MAP S-8312
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RESOLUTION N0. 83-169
RESOLUTION AUTHORIZING CONVEYANCE OF LOTS 3 AND 4 OF LYMAN
COOK'S SUBDIVISION OF OUTLOT 25, AND THE VACATED ALLEY
DIRECTLY EAST OF LOT 4 (COMMONLY KNOWN AS THE "CITY
PIPEYARD").
WHEREAS, the City of Iowa City authorized the sale of property
familiarly known as the "City Pipeyard" and consisting of Lots 3 and
4 and a portion of the vacated alley directly east of Lot 4 of
Outlet 25, Lyman Cook's Subdivision; and
WHEREAS, offers to purchase this property known as the "City
Pipeyard" were received from James A. and Loretta C. Clark, Hawkeye
Associates, and John Roffman Construction Co.; and
WHEREAS, a public hearing an the proposed conveyance was held on the
7th day of June, 1983, at the City Council Chambers, Civic Center,
410 E. Washington Street, Iowa City, Iowa, with publication of
notice as required by law; and
WHEREAS, the City'of Iowa City has deemed the bid proposal as
submitted by James A. and Loretta C. Clark as the best proposal.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that the Mayor is authorized to sign and the City Clerk to i
attest the Offer to Purchase - "City Pipeyard" between James A. and
Loretta C. Clark and the City of Iowa City, and the deed and related i
documents necessary to convey the "City Pipeyard" to James A. and
Loretta C. Clark.
It was moved by Balmer and seconded by
Lynch the Resolution be adopted, and upon roll call there
were:
AYES:
NAYS:
Passed and approved this 7th day of
ABSENT:
Balmer
Dickson
Erdahl
Lynch
McDonald
Neuhauser
Perret
June 1983
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MAYOR
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ATTEST: �1ju� ,�,
CI CLERK
iteraived & A?Proved
By The Legal Doporl' ant
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MICROFILMED BY
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CEDAR RAP IDS•DES . MOINES
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IOWA STATE EAR ASSOCIATION �' FOR THE LEGAL EFFECT OF THE USE
011111,141 Are, Nb E6 Rion•.... bal........ r law.. uer1 .. -. OF_THIS.FOW,_CONSULT YOUR LAWYER___..
�(�yo OFFER TO BUY REAL ESTATE AND ACCEPTANCE
IN Iowa City February 17 83
Iowa, 19_
The City of Iowa City, Iowa f
TO (herein designated as Sellers): jE
(lm.n names of Seller and Spoma)
THE UNDERSIGNED {herein designated as Buyers) hereby offer to buy the real estate situated in
Johnson
County, Iowa, described as follows:
Lots Three and Four of Lyman Cooks Subdivision of
Outlot Twenty Five, Iowa City, Iowa, and the vacated
alley directly east of Lot 4 (commonly known as the
"City Pipeyardn)
together with any easements and sentient estates ap purfenanl therelo, but with reservations and exceptions only as follows:
(Strike out inapplicable parts, if any, of (a), (b) or (cj below.)
la� Title shell be taken subject to applicable zoning restrictions, except as in I, below;
b And subject to any reasonable, customary and appropriate restrictive covenants as may be shown of record, except as in I,
below;
(c) And Subject to easements of record for public utilities, public roads and public highways;
(d) And Subject to
ILieas7) (Minesal reurretion of dcord7) (Covenants of record yenning with the lend])
IEa,amenls not ncorded7) (Oriwwey or other saiamenl at record?) Ilnlarests of other pert;.,?) (Lessen]) (See paragraph No. Ie)
for the total sum of S 189 r 000. 00 payable at IOW, Clty r JOhnSOn
County, Iowa, as follows:
Select (A) or (9) or IC) below:
A. INSTALLMENT PLAN: By payment of 11herewith, to be hold by
Sellers' Agent, pending delivery of final papers, and $ at the rate of S or more each month, in.
eluding interest to date of each payment, until the entire purchase price, with interest at % per annum in paid; the fral such
payment to b• made an the clay of 19_, and thereafter on the clay of each month
until all sums due are paid in full; provided that in any event final payment of full balance under this contract
Shall be made on or before the clay of 19—
L DOWN PAYMENT AND SETTLEMENT PAYMENT ONLY: By payment of f 16, 400.00 herewith to be held by
seller :4611K Z)IIWD, pending delivery of final papers, and the balance of $ 172 , 600.00
upon performance by Sellers,aIK&,XR sY32LYYXiCY 4;{ —XXXXX XXXXXXXXI)iK—XXX
C. OTHER PLAN;
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I. SPECIAL USE. This oiler is void unlall Buyus Ore permitted, ender on gbtiry I coning d bvil,,Ud' g raMcY, orr ;.mediately to male the following
ranlarmiag us. of said real estate multifamily residentCBS Z�Oning
7. TAXES. Seller) shell pay It is understood that this property has not been subject to
taxation while publicly held, however, seller shall pay any accrued or unpaid!
�taXgpp any unpaid laver thereon payable in prior,yeen. B ..... .hall pay any .,as not auumetl by Sellers and all ob,e,,.nl late, hot.,, roma become
delinquent. Whoever may be ropomible for the payment of said taxes, end the spmiel munmenb it my, each an,, shall famish to the other partial
eodene al payment of ...Is ;tem, not later "n July 15 of each yen;. An, prerotion of lord shall be based upon the tows For the year errrrnlly
Payable d11ss the ParNts slate elbrwlse.
pee;da for yourself, ;f that formula is (air U Buyers are
e purchasing a lot w;th newly hu;lt imprmemenh.)
7. SPECIAL ASSESSMENTS. tor) Seller, ,hall pay all special enenmenh Lich o,a a Gen on wo date 1ecce tun.. of 11 oiler
7E,xacfc�vvv,...,�wxxxtxYX:6XXXacxa�rxxuxtxxl�X1�X�2��tF�dilT.i�,ib�i4d�iF3bi�7�M;2�Y(8 ;
All alhn special nrasmenb uAall be paid by Bryan.
H.INSURANCS. Albn aAJI mainbin 1 75,000-00 of tire, vdnddorm end e.lended carerege lmurance until poueNan is given end shell
lonhrjth secure endorsements on the ppolicies In such amount making lou payable to the parses es their ;.forest, may appeal. Risk of Ion boon such haserd,
bon Su,m only rhen .red n soon es 11) this offer H signed by both Seller end Buyer, end 12) ,pan padormance of Ibis paragraph by Sellers and UI
after a tope hereof is delivered to Buyers. (See also paragraphs :0 and 70.1 Sayers, ;1 they dos to. may obtain additional In crane to .aver ...h risk.
.YY.3GiZG:�i�e r�•��t , ii����'����n��� n�C�34t��:yt�
no
right of Lagan, ,o ind este by"Yon" in the space following: ; in which event. Sallee shall forthwith produce any written lea0 ar 1180, as
gold premium For examination, and assignment.
S. FIXTURES. (a) All personal prop- that InbOrally belonvs to or It part al .;it reel e,We. .Father attached or detached, ouch at light ldum
(Including fluorescent lubes but not tend, bulbs), shade,, rod,, blind,, moan blinds, awnings. storm windows, storm doors, storm usher, ¢item, *Hachd
bnoleum plumbing FlAuda, rebs healed, ate ,nfbnen, automatic haling en;pm m. air ...d;Coelng equipment ollier, Then window tip., door chimer
buill•18 Item, and electrical ,urico cable, lancing, pato end other attached !dura,, tree,, bother, throb, and plants, ,hell be considered a ped of real
olds and Included in Ibis Wro ascent
1 Ranlad ilemd)
(b) Well to wall cupding ladened to Boor or wall, shall be a pan o1 and included in this sale:
(c) Outside television tower, and antenna shall be a part at and included In this sale.
* 7. ADDITIONAL rypVISIONS. This off., Is mad. .object la the .dd;t anal toms and proddnns 1 Puear.phs 10 to n, ledv.l.a, winked the
LreM aid. hereat, r 11 howl requirement el addilionl dOnouno, but hn0upph 71, or env addiYond prprislom, ar ori change al Did Pa»gdpM 10 le 72,
Inelolve, other Iha the intention of IM amount of inturance in Paragraph 70, , .11 ".;do the edtliliond 19eaturn of Cb padial on the nr.na aide hereof.
0. PURCHASE PRICE. It 1, agreed that of time of settlement. )undo of IM purchase price mat be uiod to pry ben, ether Iine and to acquire out.
standing IntemN. If any, of other partial.
T. If Ohl, asset I, not accepted by Sellers on ar before July 23 19 8 3 , it shall become null and vold and all payments shall
be pPoTd to the Yom.
I /rim ' 'y ✓ i -1 %f . h� -- . % �Y� � � � �1i'.x.C''
hy.r James A. Clark Loretta C. ClarkBuyer's Wile or Husband
"a fenptel a&, I, accepted IN. day
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Seller's Wife or Husband
76. OFFER TO sur
1 Current January, 1001. lb
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ADDITIONAL PROVISIONS
The [.rage;., offer ;s subject to the full..!-- 'urthe, condition, and provis;om
10. STATUS QUO MAINTAINED. Said reel allele lend any personal Properly contracted for) as of dela of this offer, and in its pretext condilion .;It
be Sir earv.d and del;rend letad 1 the lima p...essin. it q;,,a. E ..Th, ho.eve,, in cele of lett or cost ... [;on of ped or Ill 0lraid premila Ira. loses
covered by the insurance therefore, Buyers agree Io accept tuck ;.wren,. ,cor., (proceed, to be applied al the W.,rals of the pert;.,appear i.
that Part of the damaged or destroyed improvement, and Seller, ,hell not be required to repair or replete sem.. Buyer, ,hell thereupon complete the Can.
tract and accept the property. (Sea paragraphs / and 20.1
11. ARSIRACT AND TITLE. Seller, shell promptly continue and pee for Ile bsiract of YUe to an4 indud;nq dere of acceptance of thn Durr, and at
lira to Bur,, for e.aminat;.n the obit,. , ,hall become the properly of the Buv„ .hen it, Gu,,hx....... is pald in full, end mall ,bow nre,h.nlabl,
Idle ;a confmm;h .dh In:, agreement, th, land title la. of the State of 0., and lou T;Ila 5lxnda.d, of the lou Seale Bar M.Gallon. Seller, ,ball par
mesh of rad Jeienfl ab✓rac Gn, and/or Yllr .ort due a ed .r emission a! Seller• 'ndudng 0,W,l of 4c.0, .. adlen or ass;Ont
12. DIED, Upon payment of purchase price. Sellers shall convey title by XXXXXXXXXXXXXX w....nh dead, with farm, and provision, as
Per farm approved by the I.e. Slate Be, Association, Ices and clear of tient and incumbrances, reservations, exception, or modifications except as in Ibis
ndament otherwise x11.111, provided. All ne.nnlim ,hell extend to time of ....Plan,. of this offer, w;lh ,peciel warranties as to acts al Sellar up to
lime of delivery of deed.
17. FOR THE SELLERS. JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN REAL ESTATE. If, and only if, the Sullen, ;mmediehly p,a.
ceding Ibis cheer hold the title to the above described Groped, i. joint fannies, and such joint tenancy is not later destroyed by opera);on al ler or by
W, of the Sellers (I) than the peotteds al IM, sale, end enY cont;noing and/or tetaplused licitly, of Sellers in said reel estate shell be end continua I.
Sellers as io;vel tarsen[, with rights of survironh;p end not e, anent, ;a common; end (2) Buyers, ;a the event of the death of either Seller ey ee to pey
enY balance of the proceeds of Th;, W. to the surviving Seller and to accept deed from such surviving Seller comidenl with paragraph II, above; unlau
end adept It,;s p ... graph 11 ;1 stricken from It,;s agreement.
OV, "SILLIES:' $".,a ;f n t a 1;I1aholder immediately Preadinq this agreement, shall be pr..med to here executed Iha instrument only lar the
purpose of nlinqunhinq all r ghts of down,. homestead and cl;,Wbutive there and/or ;n compliance .;It, radion $61.11 I.C.Aq end the use of the word "Sell.
.d- i t e Printed Poll;.. of Ill;, .a rad, without ora, shell not ,but such p,es.m,,;on, nor in en/ way enlarge or ,.lend the Partials ;.term[ of such
Flows, or ;a the sale proceeds thoie.I. nor bind such sped. as,ept as efolesa;d. to the terms and provisions of Iha contract.
11. TIME IS OF THE ESSENCE. Time h of Ill. mance ;n this Agreement.
15, REMEDIES OF THE PARTIES — FORFEITURE — FORECLOSURE — REAL ESTATE COMMISSIONS:
(a) 11 Sure,, IaU to lulhll It,;, agreement, the Seller, mar ended the lame ns proddmw.
l In the Code of lo, and Al .,,marsh mode la,xurder shall
be lorlrlled. To Ile extent ;n mo.m, of an, real estate e.mmi,s;on oiling br SNh., on acecunl .1 this vanwcGor. ell payment, made h,e.nder shell
he paid by the Seller t. the reran em;tkd. ;a full d;,charge .t 5,11r ohbgnyon I., lush mmmn6mr.
Ib) If Salters fail to (.[fill this egreement, they shell meverthela„ pay the regular lent estate Commission, if any be due, to the poison entitled, but
the Buyers shell have the right to have ell the;r payments made hereunder returned to them.
(c) In add;l;on to the forego;., rx,m,d;ad. Eu en and Sellers each shall be entitled to any and all other remedial, or action at law or ;a equity,
;ndudmq foreclosure, and the pale, et fault shell pay rids and attain., fees, end a ren;ver m.. be ppanted.
16. EQUITY. It Buyers ,fume r tate object to a Gen on this property, ore rm<lm;n n i [,rest of nn x,u;pe holder, the Sellers, or the;r Bal,,
ler %els., shall furnish Iuven with a statement, ., tlatement, in .riling from the holder of such fen or in,
erexI. showing the correct and agreed balance
or banus.
17. 11 fl,;s instrument is to be followed b1 or to be replaced by an instillment eel ,,tele contract, same shell be es per terms end prorhiom of the
Official Form of the Iowa State Bar Association now in elfact, but conformable to Ill it instrument.
10. ALLOCATION OF VALUE OF ASSETS. Buyer, and Sellers shell cooperale to male a reasonable allocation of values for the mels h,ein purchased;
but failure to reach an agreement ,hell not in any manner delay or invalidate this contract or ;h performance.
19. APPROVAL OF COURT. If Ill;, property is an .,eel of any estate, trust or guardianship, this contract shalt be subiad to Court approval, unless da.
clewed unnecal,., to the Buyers' afforney. 11 necatury, the epp,opriale Fiduciary ,hall proceed promptly and diligently to bring the metier on lot hearing
lot Clench approval. 11n that event the Court Officer's Deed shell be used.)
20. INSURANCE POLICIES. If Buten purchase on Installment contact, Th" ,hall, at their own expense, after possession leap in effect Fire, windstorm end
tornado insurance, with extended coverage, for the benefit of the parties healer in an omount nal lets than The unpaidbalance of the purchase price, or
4 , rhicherer may be Ins. Tha policies shell ber delivered to the Sahara. (See else pe,egpmh. 1 end 10.)
21. CONTRACT FINDING ON SUCCESSORS IN INRIRST. lhh c.nlrece shall apply Io and bind the ill ues,.rs in Wale,[ of The n,Peefv. ,o,lk,,
77. Words end phases heroin including any adnodedgmenl hero[, shall be comlrued a in Iha tingubr or plural number, and n Ileminiae
or neuter gender. according to the contain,
21. OTHER PROVIsIONs.e (1rm.m.1 Paperryl)
23.1. Possession shall be given to Buyers upon acceptance of Buyers bid by the City
Council of the City of Iowa City and upon delivery of merchantable title by seller and
seller shall vacate premises by that date.
23.2. Buyers covenant to develop the real estate for multifamily residential housing only.
23x3. Buyers agree to enter into an Iowa State Bar Association Short Form Real Estate
Contract bet%een acceptance of bid and closing.
fit paragraph 21 Is esed. sad/ler It say changes ere made In primed paragraphs 10 to 22 Inclusion, ether the- the 1-1-1/1ea of the -menet of bur,
,see In paragraph 20. sign below, n required In paragraph 7 above[ i
City of Iowa City
,I ' /� JampS A. Clark
By 1/Vj us,�AA 1 tae!
�G Mayor SELLERS Loretta C. Clark BUYERS
Attest:
�Aet-i»g City Clerk
Sellers' Address Buyers' Address
STATE OF IOWA,
On We —do, .I
n,r.naly aCrm,ed
COUNTY. "
A. D. 19_ befine me. Ill, under,;geed, a Nolen Public in and for said County end Slate,
to me leve 1. be the identical pert..[ named ;a end who ,.dined the -;d;,, ,lid Ia,ega J,9 ;i111. el "Over to Brit Real El loll ame A,<nnlen,i' in ;is
en6let, end -dr.-ledged Inst the. encu led the lame m Ildr vol -M.11 nu and deed.
'Sae Code 11111.65151
......__................................................ _.... _._.._ .. Nalary Public in end for ,aid C...1, and Slate
•Opt;anal FgmisionO (a), B.,nrs und.W.rd IMI there it a mortgage of record will, present balance of approximalely 11payable to
which mortgage n to be Gmehy paid by Seller,, 1b) 11 Buten bdere paying —% oa the principal or total price of It,;s sale, hall all or
,Miapn their Inland m th;t Instrument. or he the 11.1 able therein deice; it, w;thoul the written consent of Sella., which concent shall not be .nrenoaebl,
withheld, IM .hole omount due Main, at Iha option of Seller, shell immediately become due end pe1'.blit. IC .... l: If such as as,alereling clause n used,
,ender whether You have elected to proceed by Feeadosure rather than by forfeiture.) e) Buten .dill purchase Selleq millet, musenca Mo. -
tiered In numbered pea graph 1, above, end pry pro web for the uns piled portion oi said poli.., n of and dila dale of pouuclon.
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RESOLUTION NO. 83-170
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE SALT STORAGE BUILDING
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project was published as
required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby approved.
2. That the amount of bid security to accompany each bid for the construction
of the above-named project shall be in the amount of 10% of bid payable to
Treasurer, City of Iowa City, Iowa.
3. That the City Clerk is hereby authorized and directed to publish notice for
k the receipt of bids for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city not less
than four (4) nor more than twenty (20) days before the date established for the I
receipt of bids.
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4. That bids for the construction of the above-named project are to be received
by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center,
until 10:00 AM on the 28th day of June 19 83, Thereafter, the
bids wI be 6-p—ened by the City Engni eer or his designee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m.
an the 5th day of July 19 83.
It was moved by McDonald and seconded by Perret that the
i resolution as read be adopted, an upon roll call there were:
AYES: NAYS: ABSENT: j
X _ _ Balmer
X Dickson
X Erdahl
—X Lynch
McDonald
.IL _ Neuhauser
�L Perret
Passed and approved this 7th day of June n p 1983
D1LY lJl�
MAYOR
ATTEST:
CITY CLERK
Rowtved & Approved
By Tho legal Deparfiient
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PART 1 -- HEARING PROCEEDINGS
June 7 , 1983
The City Council of Iowa City, Iowa, met in regular
session, in the Council Chambers, Civic Center, 410 E.
Washington Street, Iowa City, Iowa, at 7:30 o'clock P .M., on
the above date. There were present Mayor Mary le Neuhauser
in the chair, and the following named Council Members:
Balmer., Dickson, Erdahl, Lynch, McDonald and
Perret
Absent: None
The Mayor then called for objections to the adoption of
the proposed Resolution of Necessity for the construction of
the St. Anne's Drive Special Paving Project -1983 in the
corporation, pursuant to notice of the time and place of
hearing duly published and mailed, and pursuant to prior
action of said Council; and announced to those present at said
Council meeting that both written and oral objections would be
received and considered by the Council at this time. Written
and oral objections were then received or heard.
Council memberBalmer moved that the time
for the receiving of objections be closed. Seconded by
Council member Dickson On vote, the motion was
adopted.
After reviewing all the objections received, the Council
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found and determined that no remonstrance, pursuant to the I
provisions of Section 384.51 of the City Code of Iowa, was j!
filed with the Council, pertaining to the proposed improvement
as set out in said Resolution of Necessity as originally
proposed.
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AHLCRS. COONEY. DORWCILER. HAYNIE A SMITH. LAWYERS. DEE MOINES. IOWA
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Council Member Balmer 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 — picks on seconded the
motion to adopt. The roll was called and the vote was,
AYES: Perret Balmer Dickson Erdahl,
Lynch, McDonald, Neuhauser
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ANLERR, COE'NEY. DORWEILER. HAYNIE s SMI,M. LAWYER'. DEE MDINEl. IOWA
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NAYS: None
Whereupon, the Mayor declared the following Resolution
duly adopted:
83-171
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE ST. ANNE'S
DRIVE SPECIAL PAVING PROJECT -1983
r
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WHEREAS, this Council hasproposed a Resolution of
Necessity for the St.
I
Anne's Drive Special Paving
Spe
Project -1983, has given notice of the
public hearing thereon
as required by law; and
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WHEREAS, the public hearing has been held, all persons
offering objections have been
t
heard and consideration given to
all objections and is pending before this i
Council; and
WHEREAS, this is the time and place set as provided for
the taking of action
on the proposed Resolution bf Necessity;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA AS
FOLLOWS:
�
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That the proposed Resolution of Necessity described above
is hereby:
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Adopted, without amendment, and all
objections filed or made having been duly
considered are overruled.
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ANLERR, COE'NEY. DORWEILER. HAYNIE s SMI,M. LAWYER'. DEE MDINEl. IOWA
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XX 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
meeting to be held on the _ day of
, next, at o'clock
.M., at this meeting place, with juris-
diction retained for further consideration and
action at the adjourned meeting.
Abandoned.
Passed and approved this 7th
1983.
ATTEST:
Cle k
day of June
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A MLLRS. CU .LT. DORWLILLII. MAIN IL A SHIT it. L AW TCRA. DCS M Of MCS. IOWA
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EXHIBIT A
SCHEDULE OF AMENDMENTS TO THE RESOLUTION OF NECESSITY
PROPOSED FOR THE ST. ANNE'S DRIVE SPECIAL PAVING
PROJECT -1983
The Resolution of Necessity proposed for the St. Anne's
Drive
Special Paving Project -1983 is amended as follows:
A. By eliminating therefrom the proposed improve -
mems with locations following, to -wit:
t
B. By making changes in the preliminary plat and
schedule of assessments as follows, to -wit:
The assessment boundaries to include only those properties which abutt
St. Anne's Drive and their assessments will be for only 33 1/3% of
actual project costs, using the revised assessment boundaries. The
City will fund the remaining 66 2/3%.
f'
C. By amending said Resolution of Necessity, as
q
follows, t0 -wit:
j:.
The assessment boundaries to include only those properties which abutt
St. Anne's Drive and their assessments will be only for 33 1/3% of
actual project costs, using the revised assessment boundaries. The
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City will fund the remaining 66 2/3%.
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I certify that the foregoing schedule lists all amendments
to the Resolution of Necessity as adopted by the Council.
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Council Member Balmer introduced the
following Resolution entitled "RESOLUTION DIRECTING
PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF
CONTRACT AND NOTICE TO BIDDERS ON 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: Dickson, Balmer, Erdahl Lynch
McDonald, Neuhauser, Perret
NAYS: None
Whereupon, the Mayor declared the following Resolution
duly adopted: 83-172
RESOLUTION DIRECTING PREPARATION OF
DETAILED PLANS AND SPECIFICATIONS,
FORM OF CONTRACT AND NOTICE TO
BIDDERS ON THE ST. ANNE'S DRIVE
SPECIAL PAVING PROJECT -1983
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That City Engineer is hereby ordered and directed to pre-
pare and file with the Clerk detailed plans and specifications
for the construction of the St. Anne's Drive Special Paving
Project -1983.
BE IT FURTHER RESOLVED that the Attorney is hereby ordered
and directed to prepare and file with the Clerk a Notice to
Bidders and form of contract for the construction of the
St. Anne's Drive Special Paving Project -1983.
PASSED AND APPROVED this. 7th day of June
1983. ,
ATTEST:
Clerk
wU�,�, � y �YI�IIIADar
Mayor
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RESOLUTION NO. 83-173
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
BENTON STREET BRIDGE REPAIR PROJECT
WHEREAS, Cramer Brothers Construction Com an
has submitted the best bid of36,116.00 for the construction of tF
above-named project.
IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
1. That the contract for the construction of the above-named project is
hereby awarded to Cramer Brothers Construction Company
subject to the condition that awar ee secure adequate performance bond, ,
insurance certificates, and contract compliance program statements.
2. That the Mayor is hereby authorized to sign and the City Clerk to
attest the contract for the construction of the above-named project, subject
to the condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements.
It was moved by McDonald and seconded by Dickson that
the resolution as read be a opte , an upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer i
_:.X
Dickson
X Erdahl j
x _ — Lynch
x McDonald
x_ Neuhauser
X Perret
— I
Passed and approved this 7th day of June 1983 .
MAYOR
ATTEST:
CITY CLERK
MICROFILMED BY
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By Thai Lagal De nrtnx:nt
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City of Iowa Cit'"
MEMORANDUM
DATE: June 2, 1983
TO: City Counil and Neal Berlin, CityManager
FROM: Frank Farmer, City Engineer
RE: Benton Street Bridge Repair Project Bids
Bids were received for the Benton Street Bridge Repair Project on
June 1, 1983. The Engineer's estimate was $32,723. The low bid was
$36,116, 10% over the estimate and the other bid was $46,442, 42%
over the estimate.
Bob Lentfer, of Shive-Hattery and Associates, consultant for the
design of this project indicated that the low bid received is
probably not that far off, since this is a small project and for
bridge work, would tend to be higher than normal. Hedoes not feel
that rebidding the project would improve the bids by that much.
In addition, this project is scheduled to be completed during the
construction of the east leg of the Benton -Riverside Drive Improvements.
Rebidding this project would delay completion of that work and may cost
more than could be saved by rebidding. Also, disruption of the area
would be extended by 3 to 5 weeks. Therefore, the Public Works
Department recommends awarding this contract.
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RESOLUTION NO. 83-174
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH
SHIVE-HATTERY AND ASSOCIATES TO UPDATE THE FLOOD INSURANCE'
RATE MAPS AND FLOOD BOUNDARY AND FLOODWAY MAPS
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with Shive-Hattery and Associates , 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 to update the flood insurance rata map and flnnd boundary and
floodway maps
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 Shive-Hattery and Associates
2. That the City Clerk shall furnish copies of said agreement to
any citizen requesting same.
It was moved by Lynch and seconded by Dickson that
'the resolution as reaTTe adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
Dickson
X —
y Erdahl
y_ Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 7th day of June I9_B3_-
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MA OR
ATTEST: )YI,,w.�! 2t ---
' I CITY CLERK
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Received $ Approved
By AD Iooal D partm:nl
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City of Iowa Cit
MEMORANDUM
Date: May 31, 1983
To: Neal Berlin and City Council
From: Chuck Schmadeke
Re: Floodplain Map Update
Public Works recommends entering into an agreement with Shive-Hattery &
Associates for the purpose of updating the City's floodplain maps. The
total fee for analyzing the Ralston Creek floodplain, as defined in the
agreement, is $15,300.
An estimate of the time to complete various tasks is as follows:
I. Collect and review data and convert E431 (U.S. geological survey
computer program) to HEC -2 (Corps of Engineers computer program).
Conduct hydrologic study and submit to Iowa Natural Resources
Council (INRC) and Federal Emergency Management Agency (FEMA) for
approval - four weeks.
2. Update HEC -2 for channel improvements, detention facilities, and
urbanization. Respond to INRC comments and obtain approval of
hydrology (it is assumed that INRC will complete their review within
four weeks) - four weeks.
3. Rerun HEC -2 program with approved discharges. Revise federal
insurance study report, text, tables, and profiles - four weeks.
4. Draw flood boundary and floodway maps and flood insurance rate maps.
Prepare and submit draft report to FEMA - four weeks.
5. FEMA review and preliminary copy preparation by Greenhorne and .
O'Mara - 8-12 weeks.
6. Review of preliminary copy. The City is provided three weeks for
review of the preliminary copy after which a mandatory 90 day formal
appeal period is required to allow the City or any other affected
party to appeal the results on technical grounds - 16 weeks.
7. Greenhorne and O'Mara prepares and issues final report - 16-36 weeks.
The total time required for completion of the study is between 56 and 80
weeks.
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AGREEMENT
This agreement, made and entered into this 7th day of ,lune , 1983, by and
between the City of Iowa City, a municipal corporation hereinafter referred to
as the City, and Shive-Hattery & Associates 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 -wit:
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, religion, sex, national origin,
disability, age, marital status or sexual orientation.
I. SCOPE OF SERVICES
Significant changes in conditions affecting floods have occurred in the
Iowa City area to merit updating of the Flood Insurance Rate Map and Flood
Boundary and Floodway Map hereinafter referred to as the Mapping. These
changes involve the Ralston Creek basin where stormwater detention basins
have been completed on the North and South Branches, channel and bridge
improvements have been completed in the lower reaches of the main stream,
and rural areas have been urbanized.
The City desires to proceed with the updating of the Mapping and the
revision of the Flood Plain Management Ordinance. This scope of services
shall define the work to be performed by the consultant and shall include,
but not necessarily be limited to, an Analysis Phase and a Special Services
Phase, which are further defined below.
Bridge geometry of structures that have been installed since the original
mapping - or for those that have been substantially changed by renovation
will be provided by the City. Improvements include Kirkwood Avenue
culvert, Benton Street bridge, Lafayette Street R.R. bridge, Prentiss
Street culvert, Washington Street bridge, Governor Street bridge, Court
Street and Muscatine Avenue culvert, all in Ralston Creek basin.
A. Analysis
1. Conduct hydraulic analyses to determine flood elevations
(profiles) for the 10-, 50-, 100-, and 500 -year floods for each
stream affected by changes in the hydrology or physical features
of the channel. These analyses will be made using the Corps of
Engineers' HEC -2 computer program. Initial runs will be made to
duplicate the profiles contained for the original mapping.
Subsequent runs will be made with the revised discharges and
channel conditions. Floodways will be developed for the revised
(updated) conditions.
Because the original flood profiles were defined using the U.S.
Geological Survey's E431 computer program, all of the cross
section and bridge geometry data will have to be recoded for the
application of the HEC -2 program. Revised cross section and
bridge data will be inserted in the program during the recoding
activity.
2. Coordinate revised discharges that incorporate effects of
storage and increased urbanization as determined above with
INRC, FEMA, USGS, and CE (Corps of Engineers).
3. Using the revised profiles, recompute flood hazard factors.
Revise flood boundaries, floodways, and flood zones on the 100
scale Flood Boundary and Floodway Maps provided by the City.
Final Flood Insurance Rate Maps, and Flood Boundary and Floodway
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Maps will be produced by FEMA's technical review contractor. The
revised data will also be shown in updated Floodway Data and
Flood Insurance Data tables (Tables 1 & 2).
4. Prepare draft report setting forth the need for the updating
study and describing the methods used. Revised maps and tables
discussed under Item 1 above will be included in the draft
report. The final report will be prepared by FEMA.
5. Attend and participate in meetings with City personnel and
others as may be needed.
6. The analysis phase shall be complete upon adoption of the revised
Flood Plain Management Ordinance by the City Council.
B. Special Services
Upon request, the Consultant agrees to furnish the following
additional special services. Such special services include, but are
not necessarily limited to, the following:
1. Land surveys, title and easement searches, descriptions of
boundaries and monuments, and related office computations and
draftings;
2. 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.
II. TIME OF COMPLETION
The Consultant shall complete each phase of this project within the times
listed below:
Analysis Phase - 120 days after the signing of this Contract the draft
report will be ready for submittal to INRC and FEMA.
i III. GENERAL TERMS
A. Should the City terminate the contract, said Consultant shall be paid
on the basis of direct hourly fees and charges for professional v
services as herein attached as Exhibit A, and by this reference made a
part hereof, for all work and services performed up to the time of
termination. However, such sums 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.
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B. 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.
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D. It is understood and agreed that the retention of the Consultant by j
the City for the purpose of said project 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 request of the Consultant. The City agrees to furnish all
reasonable assistance in the use 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. Robert J. DeWitt and/or Sulo W, Wiitala of the Consultant shall attend
such meetings of the City Council relative to the work set forth in
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this contract and as may be requested by the City. Any requirements
made by the City shall be given with reasonable notice to the
Consultant so that he/she 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 and 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 on other projects.
I. The Consultant agrees to furnish all reports and/or drawings with the
seal of a Professional Engineer or Architect affixed thereto where
such seal is required by law.
J. The City agrees to tender to the Consultant all fees and money in
accordance with the schedules attached as Exhibit A 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 to be invalid, it is
agreed that all of its sections shall remain in full force and effect
as though severable from the part invalid.
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.
1 M. Direct Personnel Expense for the purposes of this contract shall be
defined as hourly wage plus retirement and fringe benefits. Said
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 accounts between the City and the Consultant shall be kept
on a generally recognized accounting 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
j project for the following incidental expenses listed:
1. Expense of transportation and living when travelling in connec-
tion with the project, for long distance calls and telegrams, and
for extraordinary work required by the City, pursuant to its
direction.
1 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 jurisdic-
tion 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. COMPENSATION FOR SERVICES
The City agrees to pay for services stated in this contract on the basis of
the following fees:
Analysis Phase - The Consultant shall be paid upon 2.19 x Direct
Personnel Expense. The total fee for the Analysis Phase shall
not exceed $15,300, including reimbursable expenses.
Special Services Phase - The total fee for each requested duty shall
be established before the beginning of that task and shall be
compensated at a fee based on 2.19 x Direct Personnel Expense.
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The Direct Personnel Expense of all personnel classifications associated
with this project shall be attached as Exhibit A. The City agrees to
reimburse the Consultant for reimbursable expenses listed in Item III.O at
cost. The Consultant shall furnish receipts of all outside expenses upon
request.
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:
Analysis Phase
Special Services Phase (detailed)
All provisions of this Agreement when not specifically defined shall be
reconciled in accordance with the highest ideals of the Engineering and
Architectural Profession.
It is further stated that there are no other consideration or monies
contingent upon or resulting from the execution of this contract nor have
any of the above been applied by any party to this Agreement.
FOR THE CITY:
ATTEST:
FOR THE CONSULTANT:
ATTEST:
Received & Approved
By The legal . Department
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EXHIBIT
01'. -).ECT PERSONNEL EXPENSE
June 30. 1983
Grade 7 Engineer $ 22.74
Grade 6 Engineer 21.75
Grade 5 Engineer 20.02
Grade 4 Engineer 17.64
Grade 3 Engineer 16.40
Grade 2 Engineer 13.66
Grade F Technician 14.17
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Grade E Technician 12.96
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Grade D Technician 11.36
Grade C Technician 9.05 j
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Grade B Technician 7.72
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Grade A Technician 4.37
3-14an Survey Crew 28.51
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2 -plan Survey Crew 21.74
Grade 4 Secretary 9.66
Grade 3 Secretary 8.72
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Grade 2 Secretary 7.23 j
Grade 1 Secretary 4.50 I
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RESOLUTION NO. 83-175
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DON
E. WILLIAMS, GREGORY J. DOWNES, RALPH J. NEUZIL AND DALE
SANDERSON KNOWN AS THE "WILLIAMS GROUP"
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with the,"Williams Group", a copy of said agreement being attached to
this Resolution and by this reference made apart hereof, and,
WHEREAS, the City Council deems it in the public interest to enter
into said agreement with the "Williams Group".
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 the "Williams Group".
2. That if, pursuant to said agreement, ann a fisting stGr sewer
tis
relocated onto property Owned by the
Mayor and City Clerk are hereby authorized to execute a storm
sewer.easement agreement with the "Williams Group" as provided
in the agreement being approved herein.
3. That the City Clerk shall furnish copies of said agreement to
any citizen requesting same
Ivnrh and seconded by
It was moved by and upon roll call there
McDonald_—
the Resolution be adopted, P
were:
AYES: NAYS: ABSENT:
Passed and approved this 7th_ day of Jun
1983.
UUN-MI, WA
ATTEST:�j�1� ze-
'lY CLERK
MICROFILMED BY
!JORM MICROLAS
'CEDAR RAPI OS•OES'MOINES � r
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P 'Cite LmJyl Usi�orllaer•►
t ■
Balmer
X
Dickson
X
Erdahl
X ---
Lynch
X --
McDonald
X
Neuhauser
- X
Perret
X
Passed and approved this 7th_ day of Jun
1983.
UUN-MI, WA
ATTEST:�j�1� ze-
'lY CLERK
MICROFILMED BY
!JORM MICROLAS
'CEDAR RAPI OS•OES'MOINES � r
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P 'Cite LmJyl Usi�orllaer•►
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AGREEMENT
This Agreement between the City of Iowa City (hereinafter referred to as "City")
and Don E. Williams, Gregory J. Downes, Ralph L. Neuzil and Dale Sanderson
(hereinafter referred to as the "Williams Group").
WITNESSETH
WHEREAS, the Williams Group recently purchased from the Chicago, Rock Island &
Pacific Railroad Company (hereinafter referred to as the "Railroad") certain
property bounded by South Dodge Street, Page Street, Lucas Street, and the
right-of-way of the Railroad; and
WHEREAS, the property owned by the Williams Group includes Lots 2 through 9,
Block 4, Page's Addition to Iowa City; and
WHEREAS, in conjunction with rebuilding of the Dodge Street Bridge in the late
1960's, City acquired from the Railroad a 130 foot wide easement which includes
all of Lot 9 and a small part of Lot 8, Block 4, Page's Addition to Iowa City;
and
WHEREAS, during such bridge reconstruction, City installed storm sewer lines and
appurtenances on its easement, but also installed two sewer lines across said
lot 8, outside of the easement area granted by the Railroad; and
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WHEREAS, there is no record that the Railroad granted to City an easement for
the property on which City installed the sewer lines across said Lot 8; and
WHEREAS, the Williams Group has requested that the City remove the sewer lines
from said Lot 8; and
WHEREAS, City appears to have no legal right to maintain those sewer lines on
said Lot 8; and
WHEREAS, City no longer uses the portion of Lucas Street north of Page Street
which abuts Lot 2, Block 4, Page's Addition to Iowa City, and has initiated
proceedings to vacate said property in accordance with the requirements of Iowa
law; and
WHEREAS, the Williams Group is interested in acquiring said portion of Lucas
Street; and
WHEREAS, the parties desire to resolve the sewer removal problem in an amicable
manner.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements stated below, the parties agree as follows:
1. City agrees to obtain an appraisal of the fair market value (hereinafter
referred to as the "value") of the portion of Lucas Street which it no
longer uses, such appraisal to be made by a qualified appraiser.
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2. City also agrees that it will procure an up to date abstract of title for
said portion of Lucas Street.
3. The Williams Group agrees that its engineer will, in consultation with the
City Engineer of Iowa City, prepare plans to move the sewer lines located
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on said Lot 8. Such sewer lines are to be relocated along property lines or
onto the easment already owned by the City, in such a manner that they will
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not interfere with the Williams Group's use of said Lot 8.
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4. The Williams Group agrees that it will,
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a. At its sole cost and expense, move the sewer lines presently located
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on said Lot 8 in conformity with plans agreed upon as described in
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paragraph 3, above.
E'
b. If the sewer lines are relocated on property owned by the Williams
e
Group, the Williams Group will grant to the City a 10 foot wide
easement, in the form of the Easement Agreement attached hereto as
y
Exhibit A, for said storm sewer lines and appurtenances.
5. In exchange for the easement or easements, and for moving the sewer lines,
all as described in paragraph 4, above, City will vacate the aforesaid
portion of Lucas Street and will transfer and convey to the Williams Group,
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by quit claim deed, all of its right, title, and interest in and to said
T
vacated portion of Lucas Street.
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6. If the value of the vacated portion of Lucas Street plus the City's out-of-
pocket appraisal and abstracting costs, exeeds the actual out-of-pocket
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costs of moving said sewer lines and for the engineering services provided
by its engineer as described in paragraph 3, above (said moving and
engineering costs are hereinafter referred to as the "sewer moving costs")
the Williams Group shall pay the difference to the City at the time of the
conveyance to it of the vacated portion of Lucas Street, and the conveyance
by the Williams Group of the easement or easements described in paragraph
4b above.
7. If the sewer moving costs exceed the value of the vacated portion of Lucas
?:
Street, plus the City's out-of-pocket appraisal and abstracting costs, the
Williams Group shall, nevertheless, convey the above-described easements
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to the City, and the City shall convey the vacated portion on Lucas Street
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to the Williams Group, but City shall not be obligated to pay any money to
the Williams Group. The parties agree that the conveyances and sewer
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moving described above shall be done as soon as reasonably practical
following the date of approval of this agreement by the City Council of
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Iowa City.
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8. Each party shall bear its own attorney's fees and expenses.
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IN WITNESS WHEREOF, parties hereto have caused this agreement to be executed on
If
this 7th day of June 1983.
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CITY OF IOWA CITY THEcWY 1 AMS GROUP
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4 MICROFILMED BY
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Mary C. Neuhauser, Mayor Don E. Williams
Marian r,. Karr, Ae" CiCy —Clerk ;e go ryJV
t
Ralph IL. Neuz
ale &Sand—erson���
MICROFILMEC By
WORM MICROI A5
CEDAR 'RA PI DS;DES'140iNES-.
Recelvod & Approved
By The Legal Deportment
q11 y4s
J.
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STORM SEWER EASEMENT
THIS AGREEMENT, made and entered into by and between Don E. Williams,
Gregory J. Downes, Ralph L. NeuziI and Dale Sanderson and their respective
spouses (the "Williams Group") jointly and severally, which expression
shall Include their heirs, personal representatives, successors in
Interest and assigns, and the City of Iowa City, Iowa (the City), which
expression shall Include its successors in interest and assigns.
WITNESSETH:
It is hereby agreed as follows:
For the sue of $1.00 plus other valuable consideration, the receipt of
which is hereby acknowledged, the Williams Group hereby grants and conveys
to the City an easement for the purposesof excavating for and the
installation, replacement, maintenance and use of such store swage
lines, pipes, wins, and conduits as the City snail from time to time
elect for conveying swage with all necessary appliances and fittings for
the use in connection with said pipe lines, together with adequate
protection therefor, and also a right -of -ray, with the right of ingress
and agrees thereto, over and upon the property described in Exhibit A,
which is attached hereto and hereby incorporated herein by reference.
The Williams Group further grants to the City:
1. The right of grading said strip for the full width thereof and to
extend the cuts and fills for such grading into and on said lands
along and outside of the said line to such extant as the City may
find reasonably necessary. .
2. The right from tin to ties to trim and to cut down and clear away any
and all trams and brush on said strip and to trim and to cut dorsa mW
clear away any trees on either side of said strip which now or
hereafter in the. Opinion of City may be a hoard to said lines or may
Interfere with the ea KIISS of City's rights hereunder in any manner.
3. City shall indemnify the Williams Group against any loss or damage
which shall be caused by the exercise of said ingress and agrees,
construction, and maintenance or any wrongful or negligent act,
omission of City or of its agents and employees in the course of
their employment.
4. The Williams Group reserves the right to use said strips for purposes
which will not interfere with City's full enjoyment of the rights
hereby granted; provided that the Williams Group shall not erect or
construct any building or o0or stmeture, or drill armoperate any
wall, or construct anyreservoir or other obstruction an said area,
or diminish or substantially add to the ground cover over said pipe
lines.
5. The Williams Group does hereby covenant with City that 1t is lawfully
seized and possessed of the real estate above described; that it has
a good and lawful right to convey it, or any part hereof.
6. The provisions hereof shall Inure- to the benefit of and bind the
heirs, personal representativin, successors and assigns of the
respective parties hereto, and 411 covenants shall apply to and run
with the land.
Dated this 7th day of June - 1983.
gTn L. HOUZIi
z&yam ill.
rip M. Neuz
• ander14
THE ILLIAMS GROUP
Dan t.
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�1.,�.wi
.ysec B. anderson Teri K. Downes
CITY OF IOWA CITY, IOWA
By: V LLtdyr
ayor
ATTEST: �,..�". X Zl
City Clerk
STATE OF IOWA, 55:
JOHNSON COUNTY,
Publictin aor athe S to owa, personallyfore appearedthe DonuE. undersigned,
and Joan M.
Williams, husband and wife; Gregory J. Downes and Teri J. Downes, husband and wife;
and Ralph C. Nauxil and Arlene M. Neuxil, husband and wife, to me personally known to
be the identical persons named in and who executed the foregoing instrument, and
acknowledged that they executed the same as their voluntary acct and deed.
�%s T�it'L.C12c' ;v'
-Bale an arson, Notary Funlic in an or e
State of Iowa.
STATE OF IOWA,
JOHNSON COUNNTTY�t�`SS:
On
is
of MV44-
Public
In and tfor the State of Iowa. ersonally3appeared Babefore letSanders She anderson undersigned,
Notary
Sanderson,
husband and wife, to me known to be the identical persons named in and who executed the
foregoing instrument, and acknowledged that:they executed the same as their voluntary
act and deed.
F1�TDeux ota u c in an or a ia[e
of Iowa.
State of Iowa, SS:
Johnson County,
On this Hay of 1983, before me, the undersigned, a Notary
Public 1n an Or the tate o owa, personally appeared Mary C. Neuha gPr
and Marian K. Karr Mayor and City Clerk respecc ve y, o e city of
Iowa City, Iowa,xecuting a within and foregoing instrument; that the seal affixedthereto is the seal of said corporation by authority of its City Council; and that
the said City Clerk and Mayor acknowledged the execution of said corporation, by it
and by them voluntarily executed.
\ %FQt?Jrtt-A,I�
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Ibaelwd: Appiaved
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Exhibit A
STORM SEWER EASEMENT
Ten -foot wide atom sewer easement on Lots 6 and 7 of a Replat of a portion of
F Block 4, Page's Addition to Iowa City, Iowa and which centerline is described
as follow:
Commencing at the Southeast Corner of Lot 2 of Block '4, Page's Addition, Iowa
City, Iowa in accordance with the recorded plat thereof and which point is also
the intersection of the Westerly Right -of -Way line of Lucas Street and the
Northerly Right -of -Way line of Page Street; Thence N88945118"W, (Assumed bearing)
353.52 feet along the Northerly Right -of -Way line of Page Street to the Point of
Beginning of said Centerline; Thence N7044127"W, 109.83 feet along the Center-
line of said easement; Thence N71056116"W, 29.00 feet along the Centerline of
j said easement; Thence N6018'01"E, 44.05 feet to the North line of Lot 7 of the
Replat of a portion of Block 4, Page's Addition, Iowa CSty,Iowa.
Also commencing at the Southeast Corner of said Lot 2 of Block 4, Page's Addition,
Iowa City, Iowa; Thence N88045'18"W, (Assumed Bearing) 353.52 feet along the
Northerly flight -of -May line of Page Street; Thence N7044127"W, 109.83 feet;
Thence N7105611611W, 29.00 feet to the Point of Beginning; Thence S38°50112"W,
15.74 feet along the Centerline of a 10.00 foot wide storm sewer easement to a
point that is 65.00 feet normally distant Southeasterly from the Centerline of
Dodge Street.
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IN
RESOLUTION NO. 83-176
RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF
AGREEMENT WITH THE VETERANS ADMINISTRATION
WHEREAS, the City of Iowa City, Iowa, has negotiated a memorandum of agreement
with the Veterans Administration a copy of said memorandum
being attached to this Reso ution an by this reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said memorandum of agreement with the Veterans Administra ion
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the _Memorandum with the Veterans Administration
2. That the City Clerk shall furnish copies of said memorandum to
any citizen requesting same.
1
It was moved by Balmer and seconded by Ferret that
the resolution as rea be a opt --d, a T -upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
—
Y Dickson
Erdahl
X Lynch
McDonald
X Neuhauser
—X— Perret
r: —
Passed and approved this 7th day of junP
1933—.
MA 01
ATTEST: �fjA,,,�
r CITY CLERK
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Rncalvrxi .ry F.ty+mv� i
ny 1"hu hn�31 li pn1'nronl
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No. 584-83-800
And now on this 7th day of June , 1983, this Agreement
is entered into by and between the City of Iowa City, Iowa, hereinafter
referred to as the City, and the Veterans Administration, hereinafter
referred to as VA.
WREFMS, the VA on May 10, 1951, gave the City a Deed of Easement
for public highway purposes over, upon and across a part of the lands of
the Veterans Administration Hospital, Iowa City, Johnson County, Iowa,
(Woolf Avenue) and
k1EFJMS, the VA plans to construct a new entrance for its expansion
at its hospital located in Iowa City, .7ohnson County, Iowa, and has
requested that the City vacate a portion of Woolf Avenue near the VA
Hospital in order to accommodate the construction of such entrance, and,
fiMWM, the City has agreed to vacate its street easement over the
following described property for the purpose of cooperating with the VA in
the construction of the entrances onto Newton Road:
Commencing at a U.S. boundary Marker, which marker is 37.0 fat
south of the center line of U.S. Highway No. 6 and 25 feet east
of the center line of Woolf Avenue, which Marker is also the
northwest corner of the Veterans Administration Hospital land,
thence along the westerly boundary of the hospital lands S 01
06151" West a distance of 424.8 feet to a concrete U.S. boundary
Marker and the TM Polls or EMnOW, thence S 38 35129" West
117.39 feet) thence S 37 35123' East 114.66 feet; thence N 01
06151" East 182.43 feet to said true point of beginning.
weams, the City Council of the City of Iowa City has made the
vacation of the easement contingent upon the property being necessary
for construction of said entrance onto Newton Road and wishes to retain
its easement for street purposes in the event that such entrance is not
constructed or the property in question is not necessary for such entrance.
IT IS )OM AS FOIIQiS:
1. That Ordinance No. 74-2735Avacating an easement for public highway
purposes along Woolf Avenue, passed and approved by the City Council, City
of Iowa City, on September 17, 1974, is hereby cancelled and annulled.
2.That the City has vacated the above-described easement property in
an ordinance adopted by the City Council on June 7. 1983
3. That said vacation ordinance shall stand in full force and effect.
4. That in the event that the above-described property, being a
portion of Woolf Avenue, which was vacated by the City is not necessary for
construction of an entrance onto Newton Road or is not constructed before
January 1990, the VA will reconvey an easement for street purposes over the
above-described property to the City in order to restore the City to the
position it occupied prior to the vacation.
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5. That the VA will remove said street paving, reqrade the area as
necessary, install necessary sidewalk to connect to Newton Road, replace
curb along Woolf Avenue where southerly extension is vacated, and provide
all necessary traffic and construction signing. All work shall be
coordinated with the City of Iowa City's Engineering Division.
CITY 1OF IOWA( CITY, IOWAA
n
BY: A4M C • 'W L1YA a 11 A 0 ✓
Mayor
BY: 221�111a«')
City Clerk
UNITED STATES OF AMERICA
Acting by and through the
Administrator of Veterans Affairs
BY: W
W. A. SALPDND
I Assistant Deputy Administrator
I for Construction
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STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 7th day of June , 1983, before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Mary C. Neuhauser and Marian K. Karr Mayor
and City Clerk respectively of the City of Iowa City, Iowa, executing the
within and foregoing instrument; that the seal affixed thereto is the seal
of said corporation by authority of its City Council; and that the said
City Clerk and Mayor acknowledged the execution of said corporation, by it
and by them voluntarily executed. p /
Notary Public in and for said
County and State
R3
My Cammission expires Septenber W, 198-21i.
CITY OF WASHMMN )
) SS:
DISTRICT OF ODLUMBIA )
On this 1 =' day of , 1983, before me a Notary Public in and
for said District of Columbia, qpersonally appeared W. A. Salmond to me well
known and known by me to be Assistant Deputy Administrator for Construction,
whose name is subscribed to the within instrument and acknowledged that he
executed the same as a voluntary act and deed of the United states of
America, within the scope of his lawful authority.
(SEAL) Notary d
District of Columbia
� S'ccaiv�:.l t.:inpraveci
My Commission expires March 31, 1985 Ly Yi.e '.+dal Dty:artnwnt
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NOTICE OF INTENTION TO ISSUE
Hospital Facility Revenue Refunding Bonds
(Mercy Hospital Project)
The City Council of the City of Iowa City,
Iowa, (the "Issuer") will meet on the 7th day of
June, 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 Hospital Facility Revenue Refunding Bonds,
(Mercy Hospital Project) of the Issuer, in an
aggregate principal amount not to exceed
$26,000,000.00 (the "Series 1983 Bonds"), and to
loan said amount to Mercy Hospital, Iowa City,
Iowa, an Iowa nonprofit corporation (the
"Hospital"), for the purpose of defraying the cost,
to that amount, of retiring certain existing
indebtedness of the Hospital (the "Existing Debt")
consisting of a promissory note and obligations
under a loan agreement securing the payment of the
Issuer's $19,975,000 Hospital Facility Revenue
f Bonds, Series 1982, (Mercy Hospital Project) (the
"Series 1982 Bonds") and thereby refunding the
Series 1982 Bonds. It is proposed to use the
proceeds of the Series 1983 Bonds to retire the
! Existing Debt by refunding the Series 1982 Bonds,
to pay the fees and expenses related to the
issuance of the Series 1983 Bonds and the refunding
of the Series 1982 Bonds and to establish the
necessary reserve funds in connection therewith.
The Series 1983 bonds, if issued, will be limited
i obligations and will not constitute general
obligations of the Issuer nor will they be payable
i in any manner by taxation, but the Series 1983
Bonds will be payable solely and only from amounts
received by the Issuer under a Loan Agreement
between the Issuer and the Hospital, the obligation
of which will be sufficient to pay the principal of
and interest and redemption premium, if any, on the
Series 1983 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 Series 1983
Bonds, and at the hearing or any adjournment
thereof, the Issuer shall adopt a resolution
determining whether or not to proceed with the
issuance of the Series 1983 Bonds.
By order of the City Council, this 18th day
i of May 1983.
I
Marian K. Karr, City Clerk
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Iowa City, Iowa
June 7 , 1983
The City Council of Iowa City, Iowa, met in regular session on the
7th day of June, 1983, at 7:30 o'clock p.m., at the Civic Center, City
Hall, in the City pursuant to law and to the rules of said Council.
The meeting was called to order and there were present Mary C. Neuhauser ,
Mayor, in the Chair, and the following named Council Members:
Ralmar_ nickso n. Erdahl, Lynch, McDonald, Neuhauser, Perret
Absent: None
The City Council investigated and found that notice of intention
to issue Hospital Facility Refunding Revenue Bonds (Mercy Hospital
Project) in an aggregate principal amount not to exceed $26,000,000
had, as directed by the City Council, been duly given according to law.
This being the time and place specified in the notice for the
conduct of a public hearing on the proposal to issue such Bonds, the
Mayor announced that all local residents attending the hearing would
now be given an opportunity to express their views for or against the
proposal to issue the Bonds. Comments were expressed by or received
from the following people:
0
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RELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA ///3
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After all local residents who appeared at the hearing who desiied
to do so had expressed their views for or against the proposal to issue
the Bonds, Council Member McDonald introduced a Resolution
entitled:
83-177
"Resolution to Proceed With the Issuance and Sale of Hospital
Facility Refunding Revenue Bonds, Series 1983 (Mercy Hospital
Project) in an aggregate principal amount not to exceed
$26,000,000 for the purpose of defraying the cost, to that amount,
of retiring certain existing indebtedness of Mercy Hospital, Iowa
City, Iowa, and thereby refunding the City's $19,975,000 Hospital
Facility Revenue Bonds, Series 1982 (Mercy Hospital Project).
and moved its adoption, seconded by Council Member Balmer
After due consideration of said Resolution by the Council, the Mayor
put the question on the motion and upon the roll being called, the
following named Council Members voted:
Ayes: Lynch, Balmer, Dickson Erdahl McDonald Neuhauser, Perret
Nays: None
Whereupon, the Mayor declared said Resolution duly adopted and
approval was signed thereto.
upon motion and vote the meeting adjourned.
Attest:
7 x
clty Clerk
(Seal)
0
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! F.ELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA
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83-177
RESOLUTION
"Resolution to Proceed With the Issuance and Sale of Hospital
Facility Refunding Revenue Bonds, Series 1983 (Mercy Hospital
Project) in an aggregate principal amount not to exceed
$26,000,000 for the purpose of defraying the cost, to that amount,
of retiring certain existing indebtedness of Mercy Hospital, Iowa
City, Iowa, and thereby refunding the City's $19,975,000 Hospital
Facility Revenue Bonds, Series 1982 (Mercy Hospital 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,
1983, as amended (the "Act") to issue revenue bonds and loan the
proceeds to one or more contracting parties to be used to retire any
existing indebtedness of a voluntary nonprofit hospital and to refund
any Bonds issued under the provisions of the Act; and
WHEREAS, the Issuer has been requested by Mercy Hospital, ,Iowa
City, Iowa, an Iowa nonprofit corporation (the "Hospital"), to'3ssue
its revenue bonds pursuant to the Act for the purpose of retiring,
certain existing indebtedness of the Hospital consisting of a
promissory note and obligations under a loan agreement (the "Existing
Debt") securing the payment of the Issuer's $19,975,000 Hospital
Facility Revenue Bonds, Series 1982 (Mercy Hospital Project) dated June
1, 1982 issued pursuant to the Act (the "Series 1982 Bonds") and
thereby refunding the Series 1982 Bonds; and
WHEREAS, it is proposed to retire the Existing Debt and refund the
Series 1982 Bonds through the issuance of Hospital Facility Revenue
Refunding Bonds (Mercy Hospital Project) of the Issuer, in an aggregate
principal amount not to exceed $26,000,000 (the "Series 1983 Bonds")
and to loan said amount to the Hospital under a Loan Agreement between
the Issuer and the Hospital 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 Series 1983 Bonds as
and when the same shall be due and payable; and
WHEREAS, notice of intention to issue the Series 1983 Bonds has,
as directed by the City Council of the Issuer, been duly given in
compliance with the Act; and
WHEREAS, a public hearing has been held on the proposal to issue
the Series 1983 Bonds at the time and place as specified in said notice
and all objections or other comments relating to the issuance of the
Series 1983 Bonds have been heard;
-3-
F.;ELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA
t! MICROFILMED BY
1,!1 JORM MICROLAB
CEDAR RAPIDS -DES -MOINES
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer,
as follows:
Section 1. It is hereby determined it is necessary and advisable
that the Issuer proceed with the issuance and sale of the Series 1983
Bonds as authorized and permitted by the Act to finance all or a
portion of the cost of retiring the Existing Debt and refunding the
Series 1982 Bonds and such actions will be taken by the Issuer as may
be required pursuant to the provisions of the Act to authorize, issue
and sell the Series 1983 Bonds upon receiving reasonable advance notice
and upon reaching mutually acceptable terms with the Hospital regarding
the Series 1983 Bonds.
Section 2. The Issuer will enter into all agreements prepared by
Bond Counsel necessary to be entered into by the Issuer in connection
with the issuance and sale of the Series 1983 Bonds. Prior to
execution of said agreements by the Issuer, all other parties,
including the City Attorney and the Issuer's Bond Counsel shall approve
all agreements to be entered into in connection with the issuance of
the Series 1983 Bonds and such agreements shall be authorized and,
approved by the City Council of the Issuer after due consideration
prior to their execution by the Issuer.
Section 3. The Mayor, the City Clerk and the City Attorney are
hereby authorized and directed to do any and all things deemed
necessary in order to effect the retiring of the Existing Debt, the
refunding of the Series 1982 Bonds and the issuance and sale of the
Series 1983 Bonds.
Section 4. All resolutions and parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
Section 5. This Resolution shall become effective immediately
upon its passage and approval.
Passed and approved this 7th
Attest:
CY:-i-t�y C 1 e rk
(Seal)
day of June , 1983.
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IiELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA
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1.
.
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 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 action taken by the
City Council of said City at a meeting open to the public on June 7,
1983, relating to a public hearing on the proposal to issue not to
exceed $26,000,000 aggregate principal amount of Hospital Facility
Refunding Revenue Bonds, Series 1983 (Mercy Hospital Project) of the
City of Iowa City, Iowa and related matters.
WITNESS my.hand and the corporate seal of said City hereto.a€fixed
this 7th day of limp 1983.
(Seal)
0
City Clerk
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MLIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA
MICROFILMED BY
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City of Iowa Cif
MEMORANDUM
Date: June 2, 1983
To: City Council
From: Rosemary Vitosh, Director of Finance �Zd
Re: Financial Analysis for Mercy Hospital Refunding Revenue
Bonds
I have reviewed the updated financial information received from
Mercy Hospital. John A. Nuveen and Co., the Hospital's Bond
Underwriter, is not requiring that the Financial Feasibility Study
be updated for the following reasons. First, the original Study done
last year is so recent, and second, the financial and operational
history of the Hospital has been close to the projections contained
in the Study. Because of these two factors, Nuveen does not
anticipate that the bond rating services will require a new
Feasibility Study. In the event that the rating services would
require a new Study, it would then be necessary for the Hospital to
update the Study.
The Hospital has developed, and provided to the City for review, new
six-year forecasted statements of revenues, expenses, and balance
sheets. I have reviewed those statements and the Hospital's June 30,
1982, Financial Report and find no major changes or variations from
the financial information received from the Hospital last year for
the original bond issue. A comparison of the FY82 Report and the
original FY82 projections does show that the-FY82 projections were
quite accurate.
In summary, I find nothing in the financial analysis that should
impact upon the Council's decision to proceed with this refunding
revenue bond issue.
bc4/11
Cj ( MICROFILMED BY l
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The City Council of Iowa City, Iowa, met in regular
session on the 7th day of June , 1983, at 7:30 o'clock
2—.M., at the City Hall in Iowa City, Iowa. The meeting was
called to order by Mar C. Neuhauser , the Mayor, and on roll
call, the following named Counci Mem ers were present:
Erdahl, Lvnch McDonald Neuhauser, Perret
Aos9tr NOOe
Matters were discussed concerning the issuance of
Industrial Development Revenue Bonds. Whereupon, Council Member
.mgnnnald introduced and caused to be read 'in full a resolu-
tion ent—itleT: "A Resolution granting preliminary approval for
the issuance by the City of $2,450,000 of Industrial Development
Revenue Bonds the proceeds of which will be loaned to Larry A.
Larsen d/b/a Millard Warehouse, directing the publication of a
notice of intention to issue $1,400,000 aggregate principal amount
of Industrial Development Revenue Bonds (Millard Warehouse
Project), Series A, of the City of Iowa City, Iowa, and calling a
public hearing on the proposal to issue said Bonds" and moved its
adoption. Council Member Balmer
After due consideration of t e sa> resolutionebynthe Counded the cil,othe
Mayor put the question upon the motion and the roll being called,
the following named Council Members voted:
Ayes: _Balmer. Dickson Erdahl Lynch, McDonald Neuhauser, Perret
Nayes: None
Absent:
Whereupon, the Mayor declared the said Resolution duly
adopted and signed his a
E pproval thereto.
On motion and vote, the meeting adjourned.
ATTEST: Mayor
City Cleric
(SEAL)
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RESOLUTION NO. 83_178
A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR
THE ISSUANCE BY THE CITY OF $2,450,000 OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS THE
PROCEEDS OF WHICH WILL BE LOANED TO LARRY A.
LARSEN D/B/A MILLARD WAREHOUSE DIRECTING THE
PUBLICATION OF A NOTICE OF INTENTION TO
ISSUE $1,400,000 AGGREGATE PRINCIPAL AMOUNT
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
(MILLARD WAREHOUSE PROJECT), SERIES A OF THE
CITY OF IOWA CITY, IOWA, AND CALLING A
PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID
BONDS.
WHEREAS, the City of Iowa City, Iowa (hereinafter
referred to as the "City"), is a municipal corporation organized
and existing under the laws and constitution 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 revenue bonds and
loan the proceeds from the sale of said Bonds to one or more
parties for the purpose of acquiring land and constructing a
building and other improvements which shall be suitable for the
use of any industry or commercial enterprise engaged in process-
ing, storing, warehousing or distributing products of agriculture,
which will be located within or near the corporate boundaries of
the City (hereinafter referred to as the "Project"); and
WHEREAS, the City is authorized by the Act to issue
Industrial Development Revenue Bonds secured by a mortgage on all
or any part of the Project acquired, constructed, improved or
equipped, through the issuance of such revenue bonds and payable
solely out of the revenues derived from the agreement pursuant to
which the proceeds from the sale of said Industrial Development
Revenue Bonds are loaned to the owner of the Project; and
WHEREAS, the City has been requested by Larry A. Larsen
d/b/a Millard Warehouse (the "Company"), to authorize and issue
its Industrial Development Revenue Bonds in the amount of
$2,450,000 pursuant to the provisions of the Act for the purpose
of defraying the cost of the acquisition, construction, improving
and equipping of the Project; and
WHEREAS, the City has determined that there is a public
need in the City and its surrounding environs for the Project as
proposed by the Company; and
Y:'
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WHEREAS, the Company has determined that the amount
necessary to defray the cost of acquiring, constructing, improving
and equipping the Project, including necessary expenses incidental
thereto, will require the issuance by the City of $2,450,000
aggregate principal amount of its Industrial Development Revenue
Bonds pursuant to the provisions of the Act; and
WHEREAS, the Bonds, whether one or more, if issued,
shall be limited obligations of the City, and shall not constitute
nor give rise to pecuniary liability of the City or a charge
against its general credit or taxing powers, and the principal of
and interest on the Bonds shall be payable solely out of the
revenues derived from the Project to be financed by the Bonds;
and
WHEREAS, it is advisable to enter into a Memorandum of
Agreement in form and substance such a Exhibit A attached hereto,
to document the interest of the parties thereto.
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 the Act.
I '
NOW, THEREFORE, be it and it is hereby resolved by the 1
City Council of the City of Iowa City, Iowa, as follows:
Section 1. That the said Bonds in a total amount of
$2,450,000 shall be issued in one or more series from time to
time after the City has given proper notice thereof and conducted
a public hearing on the proposal to issue said Bonds and when the
documents relating thereto have been submitted to and approved by
the attorneys for the City and the Mayor and Council of the City
of Iowa City, Iowa.
Section 2. That issuance of the Bonds shall be pursuant
to the Act, and neither the passage of this Resolution, nor the
issuance of said Bonds shall obligate the City or constitute an
indebtedness of the City within the meaning of any state consti-
tutional provision or statutory limitation, and shall not con-
stitute or give rise to any pecuniary liability or charge against
the general credit or taxing powers of the City of Iowa City,
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Iowa, and said Bonds, when issued, shall be payable solely from
the monies paid by or on behalf of the Company.
Section 3. The Mayor and City Clerk are hereby author-
ized and directed to execute and deliver a Memorandum of Agreement
in form and substance such as Exhibit A attached hereto in order
to document the interest of the parties thereto.
Section 4. A public hearing shall be conducted on
_July 5 1963, at7:30 o'clock P .M., before this
City Council in the Council Chambers at the City Hall in the City
of Iowa City, Iowa, on the proposal to issue $1,400,000 aggregate
principal amount of the City's Industrial Development Revenue
Bonds (Millard Warehouse Project), Series A, pursuant to the
provisions of the Act, for the purpose of defraying 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 5. 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 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:
MICROFILMED BY
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NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(MILLARD WAREHOUSE 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 City Hall in said City at7;30 o'clock
P M. on July 5 1983, on the proposal to issue
X400,000 aggregate principal amount of the City's Industrial
Development Revenue Bonds (Millard Warehouse Project), Series A,
pursuant to the provisions of Chapter 419 of the Code of Iowa, for
the purpose of defraying the cost of acquiring, constructing,
improving and equipping land and a building and other improvements
which shall be suitable for the use of any industry or commercial
enterprise engaged in processing, storing, warehousing or dis-
tributing products of agriculture (the "Project"), (including
necessary expenses incidental thereto). The Project consists of
84,932 square feet cold storage facility to be located at approxi-
mately 2710 Highway 6 East, Iowa City, Iowa. The proceeds from
the sale of such Bonds will be loaned to Larry A. Larsen d/b/a
Millard Warehouse, as the owner and operator of the Project,
pursuant to a Loan Agreement which will provide loan payments
sufficient to pay the principal of and interest and premium, if
any, on such Bonds as the same fall due.
The Bonds shall never constitute an indebtedness of said
City within the meaning of any state constitutional provision or
statutory limitation, and shall not constitute nor give rise to a
p pecuniary liability of said City or a charge against its general
credit or taxing powers.
1
i All local residents who appear at said hearing shall be
given an opportunity to express their views for or against the
proposal 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 proceeds with the issuance of said
Bonds.
By order of the City Council.
Clerk of the City of
Iowa City, Iowa
C ( MICROFILMED By
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Section 6. All resolutions and orders or parts thereof
in conflict herewith are, to the extent of such conflict, hereby
repealed, and this resolution shall be in full force and effect
immediately upon its adoption.
ADOPTED this 7th day of June
P 1983.
ATTEST:
i
(SEAL)
k
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Mayor
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CEDAR RAPIDS-.' �
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IF
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EXHIBIT A
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is between the City of
Iowa City, Iowa, party of the first part (hereinafter referred to
as the "City"), and Larry A. Larsen d/b/a Millard Warehouse, party
of the second part (hereinafter individually and collectively
referred to as the "Company").
1. Preliminar Statement. Among the matters of mutual
inducement whic have resu to >n 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 Industrial
Development Revenue Bonds for the purpose of defraying all or a
portion of the cost of acquiring and improving land, buildings and
equipment suitable for any Projects as defined therein.
(b) In order to add to the welfare and prosperity of
the City and of such inhabitants, the City proposes to loan to the
Company funds to finance the acquisition of land and the construc-
tion of a building and improvements therein and acquisition and
installation of certain equipment, all to be suitable for use as a
facility which shall be suitable for the use of any industry or
commercial enterprise engaged in processing, storing, warehousing
or distributing products of agriculture (herein referred to as the
"Project").
(c) In view of the rising construction costs of the
Project, it is considered essential that acquisition and construc-
tion related to the Project commence at the earliest practicable
date, and that orders be placed for acquiring the necessary im-
provements and equipment. At the same time, in view of the
possibility of financing facilities similar to the Project in
other states and communities under conditions beneficial to the
Company and the difficulty of obtaining other financing for the
Project, the Company desires satisfactory assurances from the City
that the proceeds from the sale of the City's Industrial Develop-
ment Revenue Bonds will be made available in an amount sufficient
to finance all or a portion of the cost of the Project, which
cost, including the expenses related to the issuance of the Bonds,
is presently estimated not to exceed $2,450,000.
(d) Representatives of the City have indicated the
willingness of the City to proceed with and effect such financing
as an inducement to the Company to locate the Project within or
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near 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 Cit
of such statutory authority as may now exist or may
conferred, will issue and sell its Bonds in an amountysufficient
e
to finance all or a y hereafter be
Portion of the cost of the Project.
Project will) The City considers that the undertaking of the
inhabitants ofrovidand maintain employment opportunities for the
overlapping of the
City, enhance the tax base of the City and
add to the welfare andisdictions, increase the City's commerce and
inhabitants. Prosperity of the City and that of its
1. Under takin s on the Part of the City, The City
agrees as follows:
ll autho
(a)andThat
saletoflan issueOfe, orrBcause
to be authorized,
the issuance
terms of the Act as then in force, in an aggregate ' Pursuant to the
amount sufficient to finance all or a pnrtonrincipal
Project. of
cost of the
(b) That it will cooperate with Company to sell the
Bonds upon mutually agreeable terms, and it will adopt,
to be adopted, such proceedings and authorize the execution of h
such documents as may
issuance be necessary or advisable for e author-
ization, and sale of the Bonds and the financing of the
Project as aforesaid, and the entering into a Loan Agreement with
the Company with respect to the Project, all as shall be author-
ized by law and mutually satisfactory to the City and the
Company,
menu to be used That
the aggregate basic payments (i.e. the pay-
ments
the principal of the premium,
interest on the Bondprincipal of and
if an and
payable under the Loan Agreement shall be
such sums as shall be sufficient to pay the
interest and redemption premium, if any, on the Bonds as and when
the same shall become due and payable.
acts and (d) That it will take or adopt cause to be taken such other
implementtfs as urther
as may be required to
in pursuance thereof, may deem appropriate
3.
Company afire
the Part o
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(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 delivery
thereof shall be mutually satisfactory to the City and the
Company.
(b) That it has not, prior to the execution of this
agreement and the taking of "official action" toward the issuance
of the Bonds by the City, acquired or commenced improvement 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
and improvement of the Project and take, with reasonable diligence
the other necessary steps toward the realization of the Project.
(c) That contemporaneously with the sale of the Bonds
the Company will execute a Loan Agreement with the City under the
terms of which the Company will obligate itself to pay to the City
sums sufficient in the aggregate to pa the
interest and redemption y principal of and
i p 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
aforesaid undertakings or as it may deem appropriate in pursuance
thereof.
4. General Provisions.
(a) All commitments of the City under paragraph 2
hereof and of the Company under paragraph 3 hereof are subject to
the condition that on or before October 1, 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
acceptable terms for the Bonds and of the sale and delivery
thereof, and mutually acceptable terms and conditions of the docu-
ments 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
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 hereunder, or done at the
request of the Company.
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(c) All commitments of the City hereof are further
subject to the conditions that the City, and its elected and ap-
pointed 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.
(d) It is expressly understood by the Company and the
City that the City's adoption of this Resolution is intended both
as an expression of the City's current intention to proceed with
the issuance of the Bonds and to constitute "some other similar
official action" for the purposes of Treasury Regulations promul-
gated under Section 103 of the Internal Revenue Code of 1954, as
amended. The adoption of this Resolution by the City is not
intended to, nor does it, create a binding commitment on the City
to proceed with the issuance of the Bonds. It is further under-
stood that the issuance of the Bonds is subject to further review
by legal counsel to the City and is conditioned upon, among other
things, full compliance with all procedures of the Industrial
Revenue Bond Policy Procedure of the City of Iowa City, Iowa.
IN WITNESS WHEREOF the parties hereto have entered into
this Agreement by their officers thereunto duly authorized as of
the 7th day of June 1983.
(Seal of City) CITY OF IOWA CITY, IOWA
ATTEST:
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City C er er
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CLERK'S CERTIFICATE
I, Marian K. Karr , being first duly sworn, do hereby
depose and cern y tat I am the duly appointed, qualified and
acting Clerk of the City of
have in my possession, or haIowa City, Iowa; and that as such I
ve access to the complete corporate
carefullrecords of said City and of its Council and officers; that I have
aforesaid corporateared trecords; and he tthat esaid to ttranscr pttached whhethe
reto
attached is a truer correct and complete copy of all of the
corporate records showing the action taken by the City Council of
said City at a meeting open to the public which was called in
accordance with Chapter 28A of the Iowa Code, and notice to the
general public and news media was made twenty—four (24) hours
prior to the time of the meeting.
WITNESS, my hand and the Corporate Seal of the City
hereto affixed at Iowa City, Iowa,
1983. this 7th day of June
r
(SEAL) City C er
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City of Iowa Cif-,
MEMORANDUM
Date: June 2, 1983
To: City Council /�II
From: Rosemary Vitosh, Director of Finance i�A
Re: Industrial Revenue Bond Application from
Mr. Larry A. Larsen
Mr. Larsen has submitted an application for the issuance of
$2,450,000 of Industrial Development Revenue Bonds for the
construction of a cold storage facility. That facility is to be
located at 2710 Highway 6 East, in the B.D.I. Industrial Park area,
just east of the H.P. Smith Paper Co. The project will require ten
acres and includes the construction of a 152,000 square foot
building. The entire operation of storage, processing and
distribution of food products will be phased in three steps over an
18 month period and will result in creating 50 or more new jobs.
Phase 1 will involve only the warehousing of boxed and frozen foods.
In Phase 2, operations will include the purchase of food products in
bulk and the subsequent breaking down and packaging of those
ichPhase of
nvolves the cuttingUPof hmeatsoiinto �smaller sizes. They will be
using grease traps which collect all grease and reprocess it. The
processing does not create any odor. Chuck Schmadeke, Director of
Public Works, has been assured by Mr. Larsen that the effluent
constitutents will be within Iowa City's effluent limitations.
Total
ject
ancial
analysisroindicated tnosmajor eproblems; cted at $h wever, thehmost 3,10,000. Te �nrecent
financial statements available were 15 months old. Financial
statements as of February 28, 1983, are being finalized by their
auditors at this time and will be available by mid-June. The
auditors have assured us that those financial statements will not
show any negative findings; however, we will review those statements
when available and report back to Council prior to the public hearing
scheduled for July 5, 1983. I am sufficiently satisfied with the
financial review findings at this time and do not recommend delaying
Council action on this application until the more recent financial
statements are available.
In summary, the staff review found no major legal, financial or
which would impacliance t on the Council's s with the papprovalsand of his application.
ation�ect,
The Omaha National Bank has agreed to purchase the bonds. The
application states that IRB financing will enhance the project
because lower interest rates will make the construction of the
facility more economical and feasible to build. Millard Warehouses,
similar to the one proposed for construction in Iowa City, and also
financed with IRS's, have been built in Dennison and Des Moines.
4j MICROFILMED BY /k
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May 27, 1983
TIMOIMY V HAIGH
.,,
HCRNIC J, P15TI110
Thomas
JAMES HAWCFOITC
R'CM."' R. ANORCSC,
'I
E. Stanberry, Esq,
`--".IL
Ahlers, Cooney, Dorweiler,
Haynie & Smith
Sixth and Grand
Des Moines, IA 50309
Ms. Rosemary Vitosh /
Director of Finance
( City of Iowa City
c 410 East Washington St
Street
3
Iowa City, IA 52240
i
' RE: $2,450,000 City of Iowa City, Iowa
Industrial Development Revenue Bonds
(Millard
Warehouse Project) Series A
Dear Tom and Rosemary:
i
Enclosed please find a form of proceedings
Council of Iowa City to "preliminary
of the City
grant
approval,-
a Memorandum of Agreement and call
to enter into
a public hearing with
to the above Bonds.
respect
I believe Larry Larsen has complied with the Industrial
Revenue Bond Policy of the City with respect to the Project.
You will note that the enclosed contains blanks with
respect to the date and time of hearing and the newspaper in which
the notice is to be published. We would appreciate the enclosed
tieing passed as soon as possible; however, the hearing may be held
at your convenience and I can see no need for the call of a spe-
cial meeting for purposes of the hearing.
If You have any questions or corrections with respect
to the enclosed
please advise.
�ry,,truiy yours,
CJA:cs CORTH RM
Enclosure
cc: Mr. Larry A. Larsen (encl.)
Mr. Charles w. Poore, Jr. (encl.)
MICROFILMED BY
;JORM MICROLAB fj
CEDAR RAPIDS -DES MOINES � r
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The City Council of Iowa Cit
session on the day of Y, Iowa, met in regular
M., at the City Hall in Iowa Clt —' 1963' at o'clock
called to order by Y, Iowa. The meetet nigwas
call, the following name Counci Members were Mayor, and on roll
Present:
Matters were discussed
Industri Development Revenue Boconcerning the issu ce of
nds,
introduced and Whereupon, uncil Member
tion entitl d: caused to be read in full a resolu-
"A Resolution granting prelimin
the issuance y the City of $2,450,000 of y approval for
Revenue Bonds he proceeds of which will bend trial Development
Larsen d/b/a Mi lard Warehouse aned to Larry A.
} notice of intention to issue ' directing t e publication of a
Of Industrial Dev to $2,450,000 a re ate principal amount
Project), Series A pment Revenue Bonds illard Warehouse
public hearing ' of the City of Iow Cit
on t proposal to iss y� Iowan and calling a
adoption. Council Me ber said Bonds and moved its
se
After due consideratio of t e sa> reso utioseconded the motion.
' Mayor put the question
the following named Coun on the m Y the Council the
s ion and the roll bein
'1 Memb s voted: 9 called,
Ayes:
i
Nayes:--
# Absent:
� t May
Whereupon
adopted and signp ' or decl red the said Resolution duly
s gned hi approval ther o.
On moti n and vote, the meeting djourned.
ATTEST:
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(SEAL
�.MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -'DES MOINES r
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MY
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RESOLUTION NO.
A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR
THE ISSUANCE BY THE CITY OF $2,450,000 OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS THE
PROCEEDS OF WHICH WILL BE LOANED TO LARRY A.
LARSEN D/B/A MILLARD WAREHOUSE DIRECTING THE
PUBLICATION OF A NOTICE OF INTENTION TO
ISSUE $2,450,000 AGGREGATE PRINCIPAL AMOUNT
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
(MILLARD WAREHOUSE PROJECT), SERIES A OF/einafter
CITY OF IOWA CITY, IOWA, AND CALLING A
PUBLIC HEARING ON THE PROPOSAL TO ISSUE
BONDS.
WHEREAS, the City of Iowa City, Iowa (he
referred to s the "City"), is a municipal corpo ation organized
and existing der the laws and constitution the State of Iowa,
and is authoriz and empowered by Chapter 9 of the Code of Iowa
(hereinafter re ed to as the "Act"), t issue revenue bonds and
loan the proceeds f m the sale of said onds to one or more
parties for the purpo of acquiring nd and constructing a
building and other impr ements whi shall be suitable for the
use of any industry or com ercial nterprise engaged in process-
ing, storing, warehousing or is ributing products of agriculture,
which will be located within o near the corporate boundaries of
the City (hereinafter referr t as the "Project"); and
WHEREAS, the Cit is aut rized by the Act to issue
Industrial Development R enue Bonds ecured by a mortgage on all
or any part of the Proj ct acquired, co structed, improved or
equipped, through the issuance of such re nue bonds and payable
solely out of the r enues derived from the greement pursuant to
which the proceeds from the sale of said Indu rial Development
Revenue Bonds ar loaned to the owner of the Pro'ect; and
WHERE S, the City has been requested by rry A. Larsen
d/b/a Millard arehouse (the "Company"), to authoriz and issue
its Industri Development Revenue Bonds in the amount
$2,450,000 ursuant to the provisions of the Act for the grpose
of defray Ing the cost of the acquisition, construction, improving
and equipping of the Project; and
WHEREAS, the City has determined that there is a public
need in the City and its surrounding environs for the Project as
proposed by the Company; and
MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
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WHEREAS, the Company has determined that the amount
necessary to defray the cost of acquiring, constructing, improving
and equipping the Project, including necessary expenses incidental
there , will require the issuance by the City of $2,450/Reuuet
000
aggregat principal amount of its Industrial DevelopmeBonds pur ant tothe provisions of the Act; and
W REAS, the Bonds, whether one or more, if shall be limi ed obligations of the City, and shall nco
nor give rise t pecuniary liability of the City or a chare
ge
against its gene 1 credit or taxing powers, and he principal of
and interest on th Bonds shall be payable sol y out of the
revenues derived fro the Project to be fins ed by the Bonds;
and
WHEREAS, it i ad
Agreement in form and sub
to document the inte
WHEREAS, b
to conduct a public
all as required and
NOW, THERE
City Council of the
Section 1.
$2,450,000 shall be
time after the City
a public hearing on t
documents relating
the attorneys for he
Of Iowa City, Io .
visable to en
ance such a a ached hereto
rest of the part' s thereto.
efore the Bond may be issued, it is necessa
hearing on h proposal to issue the Bonds,
provided by he Act.
FORE, be an it is hereby resolved by the
City of owa Ci , Iowa, as follows:
That the said nds in a total amount of
issu in one or m e series from time to
ha given proper not ce thereof and conducted
e proposal to issue aid Bonds and when the
ereto have been submit d to and approved by
City and the Mayor and ouncil of th
xhibit A tt
I
ry
e City
Secti n 2. That issuance of the Bond\ste
pursuant
to the Act, a neither the
he
issuance of aid Bonds shall pobligate assage fthe 1City sten, nor tan
indebtednes of the City within the meaning of onsti-
tutional ovision or statutory limitation, andcon-
stitute r give rise to any pecuniary liabilitygainst
the general credit or taxing powers of the Cityt ti
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MICROFILMED BY �I
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Iowa, and said Bonds, when issued, shall be payable solely from
the monies paid by or on behalf of the Company.
Section 3. The Mayor and City Clerk are hereby hor-
ized a directed to execute and deliver a Memorandum of greement
in form a substance such as Exhibit A attached here in order
to document he interest of the parties thereto.
Sec 'on 4. A public hearing shall be nducted on
1983, at 7:30 o'clock before this
City Council in t e Council Chambers at the ity Hall in the City
of Iowa City, Iowa, on the proposal to is a $2,450,000 aggregate
principal amount of a City's Industri Development Revenue
Bonds (Millard Warehou Project), Se es A, pursuant to the
provisions of the Act, f the purp a of defraying the cost of
acquiring, constructing, 3 g, i rovin and equipping the Project,
including necessary expenses in dental thereto, and all local
4 i
residents who appear at said aring shall be given an opportunity I-
to express their views for a inst the
9 proposal to issue such f
Bonds; and at said hearing or an adjournment thereof, this City
Council shall adopt a re olution de rmining whether or not to
proceed with the issua a of said Bon
Section 5. The City Clerkof the City is hereby
directed to publish one time not less tha fifteen (15) days prior
to the date fixed or said hearing, in the owa Cit Press -Citizen ,
a legal newspape published and having a gene al circulation
within the Cit , a notice of intention to issue said Bonds in
substantially the following form:
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1iI MICROFILMED BY
t!S ,JORM MICROLAB I
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Section 6. All resolutions and orders or parts thereof
in conflict herewith a,- - 1„ �ti_ _
( HICROFILMEB BY
LJORM MICROLAB.
.CEDAR RAPI-M;OES.MOIMES_.'
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EXHIBIT A
MEMORANDUM OF AGREEMENT
\tos
EMORANDUM OF AGREEMENT is between the Ci of
Iowa Ciparty of the first part (hereinafter ferred to
as the and Larry A. Larsen d/b/a Millard War Ouse, party
of the rt (hereinafter individually and cc ectively
referree "Company").
liminary Statement. Among th� matters of mutual
inducemave resu ted >n the executiefn of this Agreement
are theg. ,,ice
(a) The\rz
is an incorporat d municipality of the
State of Iowa, authed and empowere by the provisions of
Chapter 419 of the of Iowa(the et"), to issue industrial
Development Revenue Bon for the p pose of defraying all or a
portion of the cost of ac uiring a improving land, buildings and
equipment suitable for any Proje s as defined therein.
(b) In order to a to the welfare and prosperity of
t the City and of such inhabit s, the City proposes to loan to the
Company funds to finance th ac uisition of land and the construc-
t tion of a building and imp oveme is therein and acquisition and
installation of certain a uipment all to be suitable for use as a
facility which shall be uitable f the'use of any industry or
commercial enterprise gaged in pr essing, storing, warehousing
j or distributing produ s of agricult a (herein referred to as the
"Project").
(c) In iew of the rising con truction costs of the
Project, it is co sidered essential that cquisition and construc-
tion related to he Project commence at th earliest practicable
date, and that rders be placed for acquiri the necessary im-
provements an equipment. At the same time, 'n view of the
possibility financing facilities similar to the Project in
other state and communities under conditions b neficial to the
Company an the difficulty of obtaining other fi ncing for the
Project, a Company desires satisfactory assuran s from the City
that the proceeds from the sale of the City's Indus rial Develop-
ment Re enue Bonds will be made available in an amou sufficient
to fin nce all or a portion of the cost of the Project, which
cost, including the expenses related to the issuance of a Bonds,
! is p esently estimated not to exceed $2,450,000.
(d) Representatives of the City have indicated the
willingness of the City to proceed with and effect such financing
as an inducement to the Company to locate the Project within or
L{ MICROFILMED BY
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near 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 e
performed precedent to and in connection with such financing n
due ti , form and manner as required by law, the City, by irtue
of such tatutory authority as may now exist or may herea er be
conferred will issue and sell its Bonds in an amount s ficient
to finance 11 or a portion of the cost of the Project/
(e) The City considers that the underta ng of the
Project will p Ovide and maintain employment oppo tunities for the
inhabitants of he City, enhance the tax base o the City and
overlapping taxi jurisdictions, increase th City's commerce and
add to the welfar and prosperity of the Ci and that of its
inhabitants.
2. Undertakings on the Part the City. The City
agrees as follows. ,
(a) That it w 11 authorize, or cause to be authorized,
the issuance, and sale of issue of its Bonds, pursuant to the
terms of the Act as then i for , in an aggregate principal
amount sufficient to financ a or a portion of the cost of the
Project.
I (b) That it wil coo erate with Company to sell the
Bonds upon mutually agree ble to s, and it will adopt, or cause
to be adopted, such pro edings a\ande
thorize the execution of
such documents as may necessaryadvisable for the author-
ization, issuance and sale of the and the financing of the
Project as aforesaid and the enteinto a Loan Agreement with
th/adopt
ompany with re pect to the Prall as shall be author -
by law and m ually satisfacto the City and the
ny.
(c) hat the aggregate paym nts (i.e. the pay-
mentsto be u d to pay the princif the remium, if any, and
est on a Bonds) payable unde Loan reement shall be
ums a shall be sufficient to the pri ipal of and
st a redemption premium, i, on the nds as and when
me all become due and payab
(d) That it will take orse to be taken such other
d adopt such further proceedas may be requ ed to
ent the aforesaid undertakingas it may deem a,propriate
suance thereof.3. Undertakings on the Part of the Compan . The
y agrees as o ows:
i4� I MICROFILMED BY
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(a) That it will cooperate with the City to sell the
Bonds in an aggregate principal amount as above stated;
however, hat the terms of the Bonds and of the sale and delivery
thereof sh11 be mutually Providedd,
Company. \\ Y satisfactory to the'Cit
y and the
(b) That it has not, prior to the execution of
agreement and he Lakin his
of the Bonds b\or
City, of official action" toward th issuance
Project, or anthereof qui red or commenced impro ment of the
contracts, or . and has not entered i o an
Will be and
any costs related t reto y
and if issued.rsed from the proceeds of•whichintends to mpany does, however a Bonds, when
entea contract or contracts pr sent that it now
and improvement Project and take or the acquisition
the other neceseps toward the realilttionasonableOf thP ndiligence
(c) That jcc. .
the Company co temporaneously w' h the sale of the Bonds
terms of whichlthexecut a Loan Agree nt with the Cit
sums sufficient in the Compa will obli to itself to y under the
interest. g regate to pay the pay to the City
or
the same shallebecomeoduera ium Principal on the of and
pa able,�ysu h instrumentonds atoacontain
nd when
other provisions required by la and such other
shall be mutually acceptable
the City and the Company.
as
such further) That it will tak such further
aforesaid undertakings
s action and adopt
9sgo asmit a required to implement its
thereof. m deem appropriate in
Pursuance
4. General Provision
(a) All ommitments of the
hereof and of the o itY under paragraph 2
the condition th t onporybunderefore paragra h 3 hereof are subject to
date as shall b mutually October , 1984 (or such other
Company) Y satisfactor to the City and the
acceptablette mstforntheheondspand ofathehsve agreed greed to mutually
an mutually acceptable terms and c�e and delivery
ments rgefe hsd2to in3Paragraph 3 and the ditions of the docu-
in para r proce din s
hereof. 9 referred to
(b) Whether or not the events set fort in
there h take place within the Lime set forth or pp (a) of this
there , the Company agrees that it will reimburse Lh
all easonable Y extension
the Cit and necessary direct out-of-pocket ex City for
y may incur, including but not limited to P nsfe which
P r nting and publication costs and filing• legal fees,
execution of this Agreement and thePerformance, fees arising from the
perform by the City of its obligati onshereunder or preparation to
request of the Company. , or done at the
MICROFILMED BY I
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subject to Allconcommitments
that of the City hereof are further
pointed officials shall in no event incur nanitliabilitd and ap-
act or fission hereunder, y y for any
shall not constitute an indebtednessat tof he thedCityswithin herein
meaning of ny constitutional or statutory e
constitute n give rise to a Y provision an shall not
charge agains its general credituorataxinability of a Cit or a
g powers. y
(d) I is expressly understood by the om an
City that the Cit is adoption of this Resolutio is intended both
as an expression o the Cityls current intent' n to
the issuance of the Bonds and to constitute Proceed with
Official action" fo ome other similar
ul-
gated under Section the purposes er Treas y Regulations
amended. 3 of the internal ^,yyy cnue Code of 1954 as
iiie adoptio\wi
his Resolutio�i b
intended to, nor does Y the City is notto proceed with the ieoEethebBn commitment on the City
stood that the issuannds. It is further under -
by legal counsel to the Bond is subject to further review
things, full compliancand i conditioned upon, among other
Revenue o,,all rocedur
IN this Agreement ISS byEtheirEoffF
the _ day of
(Seal of City)
ATTEST:
Y
es of the Industrial
the City of Iowa City�—
parties hereto have entered into
thereunto duly authorized as of
83.
i
CIT1( OF IOWA CITY, IOWA
By:
-,.r +. Larsen d
Millard Warehouse
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.MICROFILMED BY
GJORM MICROLAB: I
CEDARRAPIDS-'DES'
MOiNES_r-
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NOTICE OF INTENTION TO ISSUE
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(MILLARD WAREHOUSE PROJECT)
otire is hereby given that a public hearing will be
conducted b fore the Council of the Cit
the Council ambers at the Cit y of Iowa Cit
M., on Y Hall in said City at Iowa, n
$2,450,000 aggr 1983, on the proposal to is clock
Development Revegate principal amount of the Cit e
pursuant to the a Bonds (Millard Warehouse Proy's In stt
P visions of Chapter 419 of the3Co ) Series A,
the purpose of def ying the cost of acquiring, of Iowa, for
improving and equipping land and a building g' c structing,
which shall be suitab a for the use of an g and her improvements
enterprise engaged in rocessing storing, Ind try or commercial
trihuring products of a riculture (the °ProwecenOusing or dis-e
necessary expenses incid ntal thereto ), (including
84,932 square feet cold s rage ). a Project consists of
mately 2710 Highway 6 East g facilit to be located at approxi-
mately
sale of such Bonds will Iowa City, owa. The from -
Millard Warehouse, as the own erloane to Larry proceeds from
Pursuant to a Loan A and operator of Atheaprojecrsen tb/a
sufficient to greement w is will provide loan
any, on such Bondstas thensi al and interest and payments
1 due. Premium, if
City within the Bonds
s meaning of never On titute an indebtedness of said
statutory limitation Y state constitutional
Pecuniary liability ' and shall not c stitute Provision or
credit or liabiy of s id City or a barge against
rise to a
taxing power \ its general
All local esidents who appear a
given an opportuni to express their views forsaicoreagainsththe be
proposal to issue aid Bonds
ment thereof, th Council of,and at said Citsaid he ring, or any adjourn -
determining whe her or not to Y shall dOpt a resolution
Bonds. proceed with th issuance of said
order of the City Council.
I
Clerk of the City of
Iowa City, Iowa
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C� : MICROFILMED BY
a - IJORM MICROLAB i
CEDAR RAPIDS -DES 140INES
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CLERK'S CERTIFICATE
I, , being first duly sworn, do hereby
depose and certify
that I am the duly appointed, qualified and
acting Cl k of the City of Iowa City, Iowa; and that as such I
have in my ssession, or have access to the complete corporate
records of s 'd City and of its Council and officers;.that I have
carefully comp red the transcript hereto attached with the
aforesaid corpo ate records; and that said transcript hereto
attached is a tr , correct and complete copy of all of the
corporate records howing the action taken by the City Cou it of
said City at a meeting open to the public which was calle in
accordance with Chap er 28A of the Iowa Code, and notic to the
general public and ne media was made twenty-four (2 hours
prior to the time of t meeting.
s
WITNESS, my han and the Corporate Sea of the City
hereto affixed at Iowa Cit , Iowa, this d of
1983. '
(SEAL) City clerk
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RESOLUTION NO. 83-179
RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR
1984 BEGINNING JULY 1, 1983.
WHEREAS, the City of Iowa City, Iowa employs certain personnel subject solely to
the action of the City Council referred to as unclassified personnel, and
WHEREAS, it is necessary to establish salaries for the said unclassified
personnel,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the
following position shall receive as salary compensation that amount which is set
forth in lieu of all other fees and compensation as otherwise provided by law,
and where said employee shall receive or collect any fees or other compensation
from others for services as such employee, the same shall be paid to the City
Tresury.
BE IT FURTHER RESOLVED by the City Council of the City of Iowa City, Iowa, that
the following salary is hereby established for the following person effective
ti July 1, 1983:
City Manager - $51,902
It was moved by Dickson and seconded by Erdahl the
Resolution be adopted, and upon roll call there were:
I AYES: NAYS: ABSENT:
j X Balmer
X Dickson
X Erdahl
I X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 7th day of June 1983.
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MAYOR
ATTEST: w74'Ifj-) -'e A, A41) _
t CITY CLERK
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t�".JORM MICROLAB y
CEDAR RAP IDS- DES'MOINES�
Rncalvod u Approved
By Tho Legal Deportment
AJ` : v d'3
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