HomeMy WebLinkAbout1983-07-19 ResolutionD
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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.
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t�fif' !JORM MICROLAB I
CEDAR RAPT DS•bES MOINES r
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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 ,
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CEDAR RAPibS•DES MOINES r
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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
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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
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CEDAR RAPIDS -DES MOINES,f
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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.
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MAYOR PRO
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ATTEST:
CITY CLERK
Received $ Approved
By Thu Legal Department
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MICROFILMED BY I
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CEDAR RAPIDs•DES M01MES--� r
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^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.
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CEDAR RA P I DS-DES� MOINES '
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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
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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
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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.
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AMLERS. COONEY. DORWEILER, HAYNIE S SMITH. LAWYERS. DEB MOINES. IOWA
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141 I:.MICROFILMED BY
„JORM MICROLAB 1
CEDAR RFPIDS•DES'MOINES°(
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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.
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AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA
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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:
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AHLERS• COONEY. DORWEILER, HAYNIEB SMITH. LAWYERS. DES MOINES, IOWA
` MICROFILMED BY
,IJORM MICROLAB i
CEDAR RAPIDS -DES MOINES
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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:
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AHLERS• COONEY. DORWEILER, HAYNIEB SMITH. LAWYERS. DES MOINES, IOWA
` MICROFILMED BY
,IJORM MICROLAB i
CEDAR RAPIDS -DES MOINES
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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.
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DELIN. HARRIS, HELMICK. HEARTNEY d TESDELL. LAWYERS. DES MOINES. IOWA (�''/
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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:
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BELIN. HARRIS. HELMICK. HEARTNEY 6 TESDELL. LAWYERS DES MOINES. IOWA
MICROFILMED BY
140RM MICROLAB
CEDAR RAPIDS•BES�NOINES �`r
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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)
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BELIN. HARRIS. HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA
MICROFILMED BY
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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.
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(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
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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.)
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SELIN• HARRIS. HELMICK• HEARTNEY & TESDELL. LAWYERS, DES MOINES. IOWA
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CEDAR.RAPIDS-"0ES-N01NES--r
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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)
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Gj i MICROFILMED BY
�.JORM MICROLAB
CEDAR RAPIDS -DES MOINESr
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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
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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
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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
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.j (. MICROFILMED BY I
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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
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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.
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Passed and approved this 19thday of July , 1983.
l J 4x) I j
Mayor Pro tem
Attest:
•��� 7l. 7lttwnJ
City -Clerk
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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)
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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,
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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
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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.
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