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HomeMy WebLinkAbout1983-07-19 ResolutionD 1 CITY OF IOWA CITYCHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5Q1C) RESOLUTION OF COMMEMORATION WHEREAS, for approximately 8 years, many residents of Iowa City and students of the University of Iowa enjoyed the friendship and inspiration of Bill Sackter, and WHEREAS, •Bill was regarded with great love and admiration long before he received national acclaim and attention which came with his many appearances nationwide, including selection as Handicapped Iowan of the Year Award in 1976, the Outstanding Contribution to Intergenerational Understanding Award by the Mid -American Conference of the Aging, the nationwide television appearance to accept the Golden Globe Award for Mickey Rooney, as well as the television movie, "Bill", and WHEREAS, the City Council wishes to honor Bill who died on June 16, 1983, and to keep alive the spirit of love which was felt by all who knew him, NOW, THEREFORE, I, David Ferret, Mayor Pro Tem of Iowa City, Iowa, do hereby proclaim Wednesday, July 20, 1983, as BILL SACKTER DAY in Iowa City j and urge all residents of Iowa City to keep alive the memory of this very special person. MAYOR PRO TEM Signed in Iowa City, Iowa, this 19th day of July, 1983. J,r MICROFILMED BY f t�fif' !JORM MICROLAB I CEDAR RAPT DS•bES MOINES r /37.3 1 1 _ RESOLUTION NO. 83-228 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See attached list It was moved by Balmer and seconded by McDonald that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lvnrh X Erdahl X Neuhauser X Perret X Dickson McDonald X Passed and approved this 19 83 Attest:J city Clerk X 19th day of July Mayor Pro Tem MICROFILMED V , ,:JORM MICROLAB j CEDAR RAPibS•DES MOINES r f Jl /3 Py 1 J. f I 84-131 89-132 Randallis Mini -Priced Foods, 1851 Lawer Muscatine Bob Bells Standard, 2315 Muscatine Avenue 84-133 VFW Post $2581, 1012 Gilbert Court 84-134 T&M Mini Mart Ltd., 2601 Fiwy 6 Fast 84-135 Towncrest DX Service, 2611 Muscatine j fit • t I ' I x xaz g: MO .rt � t M r tr',! it+.f. +'I*t J♦i-0 h+ 1 , Y 1 t f i:i'' }llE I I R f t t �IItY>•f,reti.,[�it{�r�lt�t, r" t -tit t 8 R�j�"r.3yyr�,.�,t�� t'1' b�ylt - ��yt r t{ N!y t 1 ,t t H. �t i NI I ft it II n, '1TM�'!I(rA�I�.T'M1Mtgj,4,tM�'itlq+�tty�! Nf'i�,� Iib r;ryty�� •fl'k���y��:���t� ��'k+ t�l{I{!{r Ir{tir �j.{ tKt , h J Y t 1. T�'fT'IR11It11P kt ty�y��t�1+P'yM�+ � ,�• t012111,111 a_,-L5L'I .h.'�si't � yiLgigYR�YJiY tn4•aar) _vny.w. I:,�iG.� .. ' ('' t rt•Vir'y +h!141'.:G! `' ,, ' r • ' .. ` :. i ! ' ' t•' 1 .r`+iyi• •aik-ik w Ehi{.v:� ' 1 " Ia• tl , in rq,gt �.tMn. '� '"6'�„ ! rlbY,k,.y ��hltilwrt. It ,:u: nt,l�iiiilK{lYtirtil4.i G MICROFILMED BY OF 'JORM MICROLAB i CEDAR RAPIDS -DES MOINES i r• RESOLUTION NO. 8� RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Field House, Inc. dba The Field House, 111 E. College 6:20 Inc. dba 6:20, 620 South Madison Veterans of Foreign Wars Post #2581 dba Veterans of Foreign Wars Post #2581, 1012 Gilbert Court It was moved by Balmer and seconded by McDonald that the Resolution as rea e a opted, and upon roll—call thereroll—ca were: AYES: NAYS: ABSENT: 1 � Balmer % Lynch % Erdahl x Neuhauser X Perret X Dickson R McDonald X Passed and approved this 19th day of July 19 83 Mayor Pro Tem Attest:�%Itz��dx� City Clerk •r Gj MICROFILMED BY IJORM MICRO_ LAB CEDAR RAPIDS -DES MOINES,f .. 1 /3 9e t0 RESOLUTION NO. 83-230 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF LINN STREET IMPROVEMENTS PROJECT 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 the bid payable to Treasurer, City of Iowa City, Iowa. ty is hereby athorizd and direceto pbls r notice f the r3. eceipt aoftbids�for Othe kconstructionuof thee above-namedtprojectuinlahnewspaperor published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of eb received by the CitofIowaCity, Iowa, attheOfficeofthe Cid City Clerk, a roject are t erk, attheCivicrCenter, until 10:00 AM on the 9th day of August 19 83, Thereafter, the bids w, be opene by the City Engineer or h,s esignee, 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. r on the 16th day of August 19 83. It was moved by McDonald and seconded by Erdahl that the resolution as read be opt, a e an upon roll call there were: AYES: NAYS: ABSENT: X Balmer u X Dickson — Erdahl R Lynch X McDonald X --- X Neuhauser Perret Passed and approved this 19th day of July 19 83. �v td MAYOR PRO TEm ATTEST: CITY CLERK Received $ Approved By Thu Legal Department o' MICROFILMED BY I +; I:JORM MICROLAB CEDAR RAPIDs•DES M01MES--� r 1 i J I ^City of Iowa Cit,; MEMORANDUM Date: July 12, 1983 To: City Council and City Manager pp�,\\ From: Dan Holderness, Civil Engineerl Re: Resolutions Concerning Block 6, Lyon's Second Addition Special Alley Paving Assessment Project - 1983 The above-mentioned project is described as follows: From Bowery Street north to 113 feet north of the east -west alley. Paving to be six inch thick concrete, 20 feet wide. Also, east -west alley paving to be six inch concrete, 18 feet wide with a retaining wall. This series of resolutions will allow the construction of the project to begin on approximately September 1, 1983, and be completed by November 1, 1983. The Council has four courses of action when considering the project. Council may 1) Adopt without amendment; 2) Adopt as amended; 3) Defer for later consideration; or 4) Abandon the resolution necessity. Council may do any of the above, but has to do one. Staff recommends adoption of all the proceeding resolutions without amendment. tp2/1 i� MICROFILMED BY I,JORM MICROLAB I CEDAR RA P I DS-DES� MOINES ' ..L 0 J. II I' AftL CITY CSF IOWA CITY CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-5030 NOTICE TO PROPERTY OWNERS Notice is hereby given tat there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a street improvement, designated as the 1983 Paving Improvements (Lyon's 2nd Addition), of the types and in the location as follows: Paving improvements in the alley in Block 6, Lyon's 2nd Addition from Bowery Street North to 88' North of the East-West Alley, paving to be six (6) inch thick concrete, twenty (20) feet wide; east -west alley paving six (6) inch thick concrete, eighteen (18) feet wide with a retaining wall. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: Block 6, Lyon's 2nd Addition, except for east 75' of lot 14, west 129 of lot 15, north 52' of lot 1 and lots 27 and 28. The Council will meet at 7:30 o'clock P.M., on the 19th day of July, 1983, at the Council Chambers, City Hall, Iowa I City, Iowa, at which time the owners of i property subject to assessment for the { proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the ( making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. j This Notice is given by authority of the Council of the City of Iowa City, Iowa. J� MARIAN KARR, CITY CLERK SI I MICROFILMED BY �JORM MICROLAB CEDAR RAPIDS4ES'MOINEt _J 0 PART 1 -- HEARING PROCEEDINGS July 19 1983 The City Council of Iowa City, Iowa, met in �� session, in the Council Chambers, City Hall, Iowa City, Iowa, at X3.0 o'clock -.M., on the above date. There were prese Mayorpro Tem David Perret in the chair., and the followingnt named Counczi Members: Balmer, Erdahl, Lynch McDonald Perret - Absent: Dickson, Neuhauser i ' � I i:r • The Mayor then called for objections to the adoption of I the proposed Resolution of Necessity for the construction of the 1983 Paving Improvements (Lyon's 2nd Addition) in the corporation, pursuant to notice of the time and place of hearingduly y 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 member for the receiving o McDonald moved that the time objections be closed. Seconded by Council member adopted. Erdahl On vote, the motion was After, reviewing all the objections received, the Council (` found and determined that no remonstrance, pursuant to the Provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally Proposed. i i 1 _l- AMLERS. COONEY. DORWEILER, HAYNIE S SMITH. LAWYERS. DEB MOINES. IOWA i ' a. _,::..y._.. _--- -.mss •--� 141 I:.MICROFILMED BY „JORM MICROLAB 1 CEDAR RFPIDS•DES'MOINES°( I Council Member. McDonald introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1983 PAVING IMPROVEMENTS (LYON'S 2ND ADDITION)" and moved that it be adopted. Council Member. Erdahl seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Erdahl, I ch McDonald Perret NAYS: None ABSENT: Dickson, Neuhauser Whereupon, the Mayor declared the following Resolution duly adopted: 83-231 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1983 PAVING IMPROVEMENTS (LYON'S 2ND ADDITION) WHEREAS, this Council has proposed a Resolution of Necessity for the 1983 Paving Improvements (Lyon's 2nd Addition), has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEEA, his is th tie and the taking8oftaction one them proposedaResolutionpofvNecessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all 0 3ectaons fi ed or. made having been duly f considered are overruled. }I -2- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA /444- i.... MICROFILMED BY IJORM MICROLAB; ,_CEDAR RAPIDS -DES 140 NES 1 J;� II Adopted as amended by the Schedule of Amendments attached hereto as Exhibit A, and made a part hereof by reference. A11 objections filed or, made having been duly considered are overruled. Deferred for later consideration to a Council meet>ng to be held on the lst_ day of _August , next, at7:30 — o'clock P. Mat this meeting place, with juris- diction retained for further consideration and action at the adjourned meeting. Abandoned. 1983. 19th and approved this 19th day of Julv Mayor pro Tem ATTEST: -3- AHLERS• COONEY. DORWEILER, HAYNIEB SMITH. LAWYERS. DES MOINES, IOWA ` MICROFILMED BY ,IJORM MICROLAB i CEDAR RAPIDS -DES MOINES �1 "q r. r, P? is f' is r Adopted as amended by the Schedule of Amendments attached hereto as Exhibit A, and made a part hereof by reference. A11 objections filed or, made having been duly considered are overruled. Deferred for later consideration to a Council meet>ng to be held on the lst_ day of _August , next, at7:30 — o'clock P. Mat this meeting place, with juris- diction retained for further consideration and action at the adjourned meeting. Abandoned. 1983. 19th and approved this 19th day of Julv Mayor pro Tem ATTEST: -3- AHLERS• COONEY. DORWEILER, HAYNIEB SMITH. LAWYERS. DES MOINES, IOWA ` MICROFILMED BY ,IJORM MICROLAB i CEDAR RAPIDS -DES MOINES �1 r^, RESOLUTION 83-232 Resolution fixing a date for hearing on proposed Commercial Development Revenue Bonds, Series 1983 (Iowa State Bank & Trust Company 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") and Chapter 403 of the Code of Iowa, 1983, as amended, to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or anv interest therein, suitable for the use of any commercial enterprise or non-profit organization which this Council finds is consistent with an urban r renewal plan for an urban renewal area which has been designated by the City, and WHEREAS, the Issuer has been requested by Iowa State Bank & Trust Company;^IowatCity, Iowa,(the "Bank"Z, an Iowa State banking corporation, to issuelits revenue bonds to finance the cost of the acquiring, constructing and equipping a new 24,000 square foot bank to be located adjacent to its existing bank at 102 S. Clinton, Iowa City, Iowa (the "Project") which will promote the welfare of the Issuer and its citizens; and WHEREAS, the City has determined that the Project is located within the Urban Renewal Area designated in the Issuer's Urban Renewal Plan Project No. Iowa R-14 and is consistent with the urban renewal approved for said Area; and t, WHEREAS, it is proposed to finance the cost of the Project through the issuance of Commercial Development Revenue Bonds, Series 1983 (Iowa State Bank & Trust Company Project) of the Issuer in an aggregate principal amount not to exceed $2,500,000 (the "Bonds") and to loan said amount to the Bank under a Loan Agreement between the Issuer and the Bank the obligation of which will be sufficient to pay the principal of and redemption premium, as and when if any, and interest on the Bonds the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act and Section 103(k) of the Internal Revenue Code and the Treasury Regulations promulgated thereunder; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the City Hall Council Chambers in Iowa City, Iowa, on the 1983, at 7:30 16th day of August 'coc olk, P m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. -2- DELIN. HARRIS, HELMICK. HEARTNEY d TESDELL. LAWYERS. DES MOINES. IOWA (�''/ /7 4 7N'r L; I� MICROPILMED BY I Mj"JORM MICRO_ LAB I CEDAR RAPIDS -DES MOINES I �' 5 r Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, bythe publication at least once not less than fifteen (15) days p a date fixed for the hearing, in rh�WaCieral cilrculatTione1with.n the Issuer. newspaper published and having a gen The notice shall be in substantially the following form: -3- BELIN. HARRIS. HELMICK. HEARTNEY 6 TESDELL. LAWYERS DES MOINES. IOWA MICROFILMED BY 140RM MICROLAB CEDAR RAPIDS•BES�NOINES �`r W] ,J Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 19th day of July 1983. Mayor Pro tem Attest: City Clerk (Seal) 8 j C j a +j e j 1 t t h i r i• i BELIN. HARRIS. HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA MICROFILMED BY ,SORM MICROLAB r _. J -CEDAR RAPI05•DES�MOINES' - N State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified . City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Commercial Development Revenue Bonds, Series 1983 (Iowa State Bank & Trust Company Project) in an aggregate principal amount not to exceed $2,500,000. WITNESS my official signature and the seal of said City this 19th day of July , 1983. (Seal) Cit Clerk I. BELIN. HARRIS, HELMICK. HEARTNEY & TESDELL. LAWYERS. DES MOINES. IOWA Kj I MICROFILMED BY t1fJORM MICROLAB. � CEDAR RAPIDS•'DE5'110114E3' N /4z4-'/ 1 J'. I (Attach publisher's affidavit of publication of Notice of Intention to Issue Bonds) State of Iowa County of Johnson SS: I City of Iowa City i I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice, of which the printed slip annexed to the publisher's affidavit hereto attached is a true and complete copy, to be published inthe _Iowa City Press -Citizen a legal newspaper, printed wholly in the English language, published in said City of Iowa City, Iowa, and of general circulation in such City as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this 19th day of July 1983. Cit clerk 7�J (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) -7- SELIN• HARRIS. HELMICK• HEARTNEY & TESDELL. LAWYERS, DES MOINES. IOWA - �r ,MICROFILMED BY IJORM MICROLAB CEDAR.RAPIDS-"0ES-N01NES--r rti Authorization and Issuance Proceedings File No. IDR -4053 (Auth) Iowa City, Iowa July 19 1983 The City Council of Iowa City, Iowa, met in rem,la_r session on the 4th day of J 1983, at 7:30 o'clock P.m., at the r;v;r rentor in the City. The meeting was called to order and there were present David Ferret Mayor Pro tem, in the chair, and the following named Council Members: Rnl, r Rrrlabl, Lynch MrnnnalA Parrot Absent: Dickson, Neuhauser The Council took up and considered the issuance of an Industrial Development Revenue Bond, Series 1983 (The Blooming Prairie Warehouse, Inc. Project) in the principal amount of $363,000. Council Member McDonald introduced a Resolution entitled: "Resolution authorizing the issuance and sale of Industrial Development Revenue Bond (The Blooming Prairie Warehouse, Inc. Project) of the City of Iowa City, Iowa, in the principal amount of $363,000, to finance the costs of acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse facility for The Blooming Prairie Warehouse, Inc.; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with The Blooming Prairie Warehouse, Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", and moved its adoption, seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor Pro tem i put the question on the motion and upon the roll being called the following named Council Members voted: Ayes: Balmer, Lynch, McDonald, Perret Nays: None. Absent: Dickson, Neuhauser. Abstain: Erdahl. Whereupon the Mayor Pro tem declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote, the meetin adjourned. Mayor Pro tem Attest: C1 k (Seal) v. I Gj i MICROFILMED BY �.JORM MICROLAB CEDAR RAPIDS -DES MOINESr IM I a RESOLUTION 83-233 "Resolution authorizing the issuance and sale of Industrial Development Revenue Bond (The Blooming Prairie Warehouse, Inc. Project) of the City of Iowa City, Iowa, in the principal amount of $363,000, to finance the costs of acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse facility for The Blooming Prairie Warehouse, Inc.; the execution of a Lender Loan Agreement with Iowa State Bank 6 Trust Company, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with The Blooming Prairie Warehouse, Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", 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 for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry; and WHEREAS, the Issuer has made the necessary arrangements with The Blooming Prairie Warehouse, Inc. (the "Company") for the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a 18,600 sq. ft. warehouse facility to be owned and used by the Company (the "Project" I thin the Issuer on the east side of Heinz Road immediately dnorth tof H.J. Heinz Company Customer Service Center on real estate legally described as Lots 7 and 8, B.D.I. Second Addition to Iowa City, Iowa, according to the recorded plat thereof; and f WHEREAS, it is necessary and advisable that provisions be made for the issuance of Industrial Development Revenue Bond, Series 1983 (The Blooming Prairie Warehouse, Inc. Project) of the Issuer in an aggregate princial "Bn") as auhoried an permitted byothe Act to financeunt not to exceed $the ccost(ofetheoProject tot thatzamount; i and I WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of t June 1, 1983 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient toa the topay principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and -2- .j (. MICROFILMED BY I :,JORM MICRO_ LAB CEDAR RAPIDS•bE5 Id01NES r WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of June 1, 1983 (the "Lender Loan Agreement") by and between the Issuer and Iowa State Bank S Trust Company, Iowa City, Iowa (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has hereby determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Authorization of the Bond. In order to finance the ; cost of acquiring and constructing the Project at the location set forth in the preamble hereof, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the principal amount of $363,000. The Bond shall be issued in fully registered form, numbered R-1, and shall be dated as of the date of issuance and I delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting j and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 2. Lender Loan A reement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor Pro tem and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. The -3- (fir MICROFILMED BY `JORM MICROLAB I CEDAR RA RIDs•OES'MOINES - r I sale of the Bond to the Lender is hereby approved and the Mayor Pro tem and City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $363,000, in immediately available funds at the office of the Lender shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. Section 3. Repayment of Loan. The Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire and equip the Project and the payment by the Company of an amount sufficient to pay the principal of and premium, if any, and interest on the Bond, the Mayor Pro tem and City Clerk - shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 5. Miscellaneous. 17ie Mayor Pro tem and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 6. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict Section 8. Effective Date. This resolution shall become effective immediately upon adoption. -4- /`10% MICROFILMEDDY t?' ;JORM MICROLAB CEDAR RAPIDS -DES MOINES r s w Passed and approved this 19thday of July , 1983. l J 4x) I j Mayor Pro tem Attest: •��� 7l. 7lttwnJ City -Clerk 0.70 MICROFILMED BY WORM MICRO_ LAB CEDAR RAPIDS•JDES MOINES ? r (Seal) 1071 ,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 City Clerk of the Cit Johnson County, State of Iowa, and as such I y of Iowa Cit have access to, the complete corporate recordsaof saidmy Cit y' in Council and officers; that I have carefully compared theptranscr pt or y and its hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true cords in relation to the adoption Of the heresolution the corporate recorrect all therein set out. this W19thSS day hand and the corporate seal of said Cit y Jam`, 1983 y hereto affixed - ;�Lde'oeg) 91�n> City Clerk (Seal) U-13 1I1ICR6FILMED BY .JORM MICROLAB .CEDAR RAPIDS -DES Id01NES�'� i i J ", -•1 RESOLUTION NO. 83-234 RESOLUTION ELIMINATING A REQUIREMENT FOR ADDITIONAL OFF-STREET PARKING FOR LOTS 78-87 OF PENNY BRYN ADDITION, PART III. WHEREAS, by Resolution No. 75-299, the City Council of Iowa City, Iowa, approved the plat of the subdivision known as Penny Bryn Addition, Part III; and WHEREAS, the aforesaid approval required that Lots 78, 79, 80, 81, 82, 83, 84, 85, 86, and 87 of said subdivision each be provided with six (6) off-street parking spaces; and WHEREAS, insufficient information at the time permits were issued resulted in building and occupancy permits which allowed construction and use without the additional spaces; and WHEREAS, the owners of said Lots 78 through 87 of said subdivision cannot now provide additional off-street parking spaces while complying with the City's Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa that: 1. The requirement in Resolution No. 75-299 for additional off-street parking for Lots 78 through 87 of Penny Bryn Addition, Part III, be and hereby is deleted. 2. Nothing contained herein shall be deemed to affect any other term or 1 condition of Resolution No. 75-299, or approval of the plat of the { subdivision known as Penny Bryn Addition, Part III. j 3. The City Clerk of Iowa City, Iowa, is hereby authorized and directed to f certify a copy of this resolution to the County recorder of Johnson County, I Iowa. It was moved by Lynch and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer _ X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 19th da of July`s 1983. I MAYOR PRO TEM ATTEST: 75". Ifo u, R,;u iti.•,! Pcu. cd CIT CLERK — BY Zhu Luaai Ouptaftloerd 3 C� Y. MICROFILMED V !JORM MICROLAB r j 'CEDAR 'RAPIDS -DES MOINES I ■ 0 City of Iowa Cite MEMORANDUM Date: July 15, 1983 To: Mayor and City Council From: Richard J. Boyle, Assistant City Attorney Cc' Re: Penny Bryn Addition, Part III Subdivision The attached resolution is intended to remove a title problem for ten lots on Hafor Circle. About the time the plat was being considered, the City Engineer's standards were being amended to require 28 foot paving, but the developer only installed 25 foot paving, so the subdivision approval called for extra parking spaces on each lot. However, the Building Inspector was not made aware of the parking requirement, which was not part of State or City Code, and building and occupancy permits were issued which allowed construction and use without the extra spaces. (The developer was not the builder.) The houses were constructed so that it is now impracticable to provide the spaces while complying with the Zoning Code. The City Engineer has said he has no objection to the Resolution. tp4/12 MICROFILMED BY t\i LJORM MICROLAB fj 'CEDAR RAPIDS DES Id01NES to 1 MICROFILMED BY JORM MICROLAB CEDAR RAP I0i-DES MORTES