HomeMy WebLinkAbout1983-08-02 Resolutionr.
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RESOLUTION NO. 83-238
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Hawkeye Amusanent at 1214 S. Gilbert
in Iowa City, Iowa, hes surrendered cigarette permit No. 84-58 , expiring
June 30 , 19 84 , and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 84-58 , issued to Studio 114 (Hawkeve Amusement)
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorised and directed to draw a warrant on the General Fund in the amount of
$ 75.00 , payable -to Hawkeye Amusement
as a refund on cigarette permit No. 84-58
It was moved by Dickson and seconded by McDonald that
the Resolution ea read be adopted, and upon roll 0811 there were:
AYES: NJlYL
Balmer X
Dickson X
Erdahl X
Neuhauser
Perret
LYNCH
McDonald X
Passed and approved this 2nd day of August , 19 83
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Mayorpro tem
Attest: 7S . 7 a,r
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X
X
X
McDonald X
Passed and approved this 2nd day of August , 19 83
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Mayorpro tem
Attest: 7S . 7 a,r
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RESOLUTION NO. 83-239
RESOLUTION APPROVING THE FINAL LARGE SCALE RESIDENTIAL
DEVELOPMENT PLAN AND THE AMENDED PRELIMINARY AND FINAL
SUBDIVISION PLAT OF TY'N CAE SUBDIVISION, PART 3.
WHEREAS, the owners, Dynevor, Inc., have filed with the City Clerk of Iowa
City, Iowa, an application for approval of the final Large Scale
Residential Development (LSRD) plan and amended preliminary and final
subdivision plat of Ty'n Cae Subdivision, Part 3, located on the following
described real estate in Iowa City, Johnson County, Iowa, to -wit:
Commencing at the Northwest corner of the Northeast quarter of the
Northwest quarter of Section 20, Township 79 North, Range 6 West of
the 5th Principal Meridian; thence North 0014110" East, 143.98 feet
along the west line of the east half of the southwest quarter of
Section 17, Township 79 North, Range 6 West of the 5th Principal
Meridian; thence South 88058'49" East, 45.40 feet, to a point which
is the intersection of the south line of Ty'n Cae, Parts 1 and 2 in
the northeasterly right-of-way line of Mormon Trek Boulevard as
relocated, and the point of beginning; thence South 88058'49" East,
1283.33 feet along said south line of Ty'n Cae, Parts 1 and 2 to the
southeast corner thereof, a recorded bearing and distance in
accordance with the plat of subdivision recorded in Plat Book 17,
Page 24 of the records of the Johnson County Recorder's Office;
thence South 00023'23" West, 136.10 feet to the northeast corner of
said northeast quarter of the northwest quarter of Section 20,
Township 79 North, Range 6 West of the 5th Principal Meridian; thence
South 1°02'24" West, 1322.58 feet, to the southeast corner of said
northeast quarter of the northwest quarter of Section 20; thence
North 89010'37" West, 405.42 feet along the south line of said
northeast quarter of the northwest quarter of Section 20, to its
intersection with the northeasterly right-of-way line of Mormon Trek
Boulevard as relocated; thence North 25°55120" West, 0.49 feet along
said right-of-way line to an iron right-of-way marker found, which is
110 feet normally distant northeasterly of centerline Station
5117+68.1; thence North 32002'50" West, 132.00 feet along said
right-of-way line to an iron right-of-way marker found, which is 115
feet normally distant northeasterly of centerline Station 5119+00;
thence North 42002'50" West, 403.80 feet, along said right-of-way
line to an iron right-of-way marker found, which is 60 feet normally
distant northeasterly of centerline Station 5123+00; thence North
23°13150" West, 309.40 feet along said right-of-way line to an iron
right-of-way marker found, which is 115 feet radially distant
northeasterly of centerline Station 5126+10; thence North 38°26'50"
West, 387.40 feet along said right-of-way line, to an iron right-of-
way marker found, which is 40 feet normally distant northeasterly of
centerline Station 5130+00; thence North 20006'50" West, 340.70 feet
along said right-of-way line to an iron right-of-way marker found,
which is 55 feet radially distant northeasterly of centerline
Station 5133+50; thence North 11037150" West, 158.90 feet along said
right-of-way line to the point of beginning. All in accordance with
the Iowa Department of Transportation right-of-way plat for Parcel
13 of Project F-518-4(6)--20-52, and the warranty deed for said
Parcel 13, recorded in Deed Book 584, page 337 of the records of the
Johnson County Recorder's Office. Said tract of land contains 30.65
acres more or less and is subject to easements and restrictions of
record.
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WHEREAS, the Department of Planning & Program Development and the Public
Works Department have examined the proposed final LSRD plan and amended
preliminary and final subdivsion plat and have recommended approval of
same; and
WHEREAS, the final LSRD plan and amended preliminary and final subdivision
plat have been examined by the Planning and Zoning Commission and after
due deliberation said Commission has recommended that they be accepted and
approved; and
WHEREAS, the final LSRD plan and amended preliminary and final subdivision
plat are found to conform with all of the requirements of the City of Iowa
City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
I. That the final LSRD plan and amended preliminary and final
subdivision plat pertaining to the above-described real estate and
known as Ty'n Cae Subdivision, Part 3, are hereby approved.
2. That the City Clerk is hereby authorized and directed to certify the
approval of this resolution and of the final LSRD plan and amended
preliminary and final subdivision plat after passage and approval by
law. The owner/subdivider shall be responsible for recording them
along with all legal documents required pursuant to the provision of
Chapter 409 of the Code of Iowa, at the office of the county recorder
of Johnson County, Iowa, and returning a copy of such recorded
documents to the office of the City Clerk before the issuance of any
building permits is authorized.
It was moved by Bal
and wer: the Resolution be adopted, and upon rollcallwere: I
s
AYES: NAYS: ABSENT:
i
X Balmer
X
R Dickson
Erdahl
X Lynch
X McDonald
X Neuhauser t
X Perret
i
Passed and approved this 2nd day of August
1983.
MAYORPro tem
ATTEST:
CITY CLERK Reoaived b Approved
By TI Legal D pa lent
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RESOLUTION NO. _83-240
PUBLIC HEARING AND RESOLUTION APPROVING PROCEEDING
WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $550,000
AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL DEVELOPMENT
REVENUE BONDS (PIPEYARD PARTNERS PROJECT) OF THE CITY
OF IOWA CITY, IOWA.
WHEREAS, the City of Iowa City, a political subdivision of
the State of Iowa (the "City"), is authorized by Chapter 419 of
the Iowa Code, as amended (the "Act"), to issue Commercial
Development Revenue Bonds for the purpose of defraying the cost
of acquiring, constructing, improving and equipping land,
buildings and improvements suitable for use as a commercial
enterprise consisting of a multi -unit residential apartment
facility which the City finds is consistent with the urban
renewal plan adopted b
Of Iowa, and to loan theproceedspursuant
thetsaleChapter
such3B, Code
onds,
pursuant to a loan agreement, to Pipeyard Partners, an Iowa
general partnership (hereinafter referred to as the "Company"),
to be used for the aforesaid purposes; and
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WHEREAS, the City has determined said Project is located
within the area of and is consistent with and authorized by the
j City's Neighborhood Development Plan, and there is a public
need in the City and its surrounding environs for
implementation of said Neighborhood Development Plan, which
will promote urban renewal, rehabilitation and redevelopment of
the City, will eliminate blighted areas within the City and
y provide employment opportunities for residents of
the surrounding area; the City and
and
WHEREAS, a notice of hearing on the proposal to issue not
to exceed $550,000 aggregate principal amount of Commercial
Development Revenue Bonds (Pipeyard Partners Project) (the
j "Bonds"), of the City of Iowa City, Iowa, has been published as
required by law; and
WHEREAS, a public hearing has been held at the time and
place as specified in said notice of hearing and any and all
objections or other comments relating to such Bonds have been
heard and it is deemed to be in the best interests of the City
Of Iowa City, Iowa, that said Bonds be issued as proposed; and
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NOW, THEREFORE, Be It Resolved by the City Council
City of Iowa City, Iowa, as follows: of the
Section 1. That it is hereby determined that it is neces-
sary and advisable that the City proceed with the issuance of
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its Commercial Development Revenue Bonds (pipeyard Partners
Project) in an amount not to exceed $550,000, all as authorized
and permitted by the Act and Section 103 of the Internal
Revenue Code of 1954, as amended, and to loan the proceeds of
the sale of the Bonds to the Company, allupon terms and
conditions mutually satisfactory to the City and the Company.
Section 2. That at the public hearing conducted by this
Council as required by the Act and Section 103(k) of the
Internal Revenue Code of 1954, as amended, and pursuant to
Published notice, all persons who appeared were given an
Opportunity to express their views for or against the proposal
to issue said Bonds and it is hereby determined that any and
all objections to the issuance of the said Bonds, are hereby
overruled.
Section 3. That this Council shall proceed with the
necessary proceedings relating to the issuance of said Bonds
upon reasonable advance notice from the Company that
satisfactory financing terns have been agreed upon with the
proposed purchasers and the required documentation has been
prepared by Bond Counsel, and approved by all other parties,
including the City Attorney of said City.
Section 4. That said Bonds, if issued, and the interest
thereon, will be payable solely out of the revenues derived
from the financing of said Project and shall never constitute
an indebtedness of the City of Iowa City, Iowa, within the
meaning of any state constitutional provision, or statutory
limitation, and shall not constitute nor give rise to a
Pecuniary liability of said City of Iowa City, Iowa, or a
charge against its general credit or taxing powers.
Section 5. 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 and approved this 2nd day of August, 1963.
City of Iowa City, Iowa
(Seal)
Attest; David Perrot, Mayor Pro tem
Marian 1(�ar , L;'tY Clerk
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CLERK'S CERTIFICATE
I, Marian K. Karr, being first duly sworn do hereby depose
and certify that I am the duly appointed, qualified, and acting
City Clerk of the City of Iowa City, in the County of Johnson,
State of Iowa; that as such I have in my possession, or have
access to, the complete corporate records of said City and of
its Council and officers; that I have carefully compared the
transcript hereto attached with the aforesaid corporate
records; and that said transcript hereto attached is a true,
correct and complete copy of all the corporate records showing
the action taken by the City Council of said City at a meeting
open to the public on August 2, 1983, holding a public hearing
and approving the issuance of not to exceed $550,000 aggregate
principal amount of Commercial Development Revenue Bonds
(Pipeyard Partners Project), of the City of Iowa City, Iowa;
that said proceedings remain in full force and effect and have
not been amended or rescinded in any way; that said meeting and
all action thereat was duly and publicly held, with members of
the public in attendance, in accordance with a notice of
meeting and tentative agenda, a copy of which was timely served
on each member of the Council and posted on a bulletin board or
other prominent place easily accessible to the public and
clearly designated for that purpose at the principal office of
the Council (a copy of the face sheet of said agenda being
attached hereto) pursuant to the local rules of the Council and
the provisions of Chapter 28A, Iowa Code, and upon reasonable
advance notice to the public and media at least twenty-four
hours prior to the commencement of the meeting as required by
said law.
Witness my hand and the Corporate Seal of said City hereto
affixed this day of August, 1983.
(Seal)
d -A"" 74 AILJ
Marian K. Karr, City Clerk
State of Iowa )
County of Johnson ) SS:
Subscribed and sworn to before me this day, the date last
above written.
(Seal)
-�'Nbtary Publilc
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(This Notice to be Posted)
NOTICE AND CALL OF COUNCIL MEETING
Governmental Body:
Date of Meeting:
The City Council of
Iowa City, Iowa.
August 2, 1983
Time of Meeting: 7:30 P.M.
Place of Meeting: Council Chambers
Civic Center
Iowa City, Iowa
PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
1. Public Hearing and Resolution Approving
Proceeding With The Issuance and Sale of Not To
Exceed $550,000 Aggregate Principal Amount of
j Commercial Development Revenue Bonds (Pipeyard
Partners Project), of the City of Iowa City, Iowa.
2. Such additional matters as are set forth on
the additional 15 page(s) attached hereto
(attach copy of agenda).
This notice is given at the direction of the Mayor Pro Tem
pursuant to Chapter 28A, Iowa Code, as amended, and the local
rules of said governmental body.
2-
7L. 7�I�1J
a ian
K.
Karr,
Clerk
of the
City
of
Iowa
City,
Iowa
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Iowa City, Iowa, August 2, 1983.
The City Council of Iowa City, Iowa, met on the above date
In the Civic Center, in Iowa City, Iowa, at 7:30 o'clock p.M.,
in open regular session, pursuant to law and the rules of said
Council,
The meeting was called to order by the Mayor Pro tem, David
Perret, presiding, and on roll call the following Council
Members were present:
Balmer
Dickson
Erdahl
Lynch
McDonald Perret
Absent:
Neuhauser
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Matters were discussed relative to the request from Lyman
Addition Associates, regarding the issuance of not to exceed
$900,000 in aggregate principal amount of the City's Commercial
Development Revenue Bonds (Lyman Addition Associates Project),
Following an explanation of the proposed Project by
representatives of the Company and a discussion of the
proposal, Council Member B&IMgr introduced the following
Resolution in written form and moved its adoption, Council
Member McDonald seconded the motion to adopt. After due
consideration of said motion, the roll was called and the
Resolution was adopted by the following vote:
AYES: Perrot., ga7mar� Di kc n E ahl LvnCh
McDonald
r _
NAYS: None
The Resolution was thereupon signed by the Mayor Pro tem
evidence of his approval, was attested by the City Clerk, and
was declared to be effective. The Resolution is as follows:
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RESOLUTION NO. 83-241
A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED
$900,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMMERCIAL
DEVELOPMENT REVENUE BONDS (LYMAN ADDITION ASSOCIATES
PROJECT) OF THE CITY OF IOWA CITY, IOWA, DIRECTING
PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A
PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS AND
AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT.
WHEREAS, the City of Iowa City, Iowa (hereinafter referred
to as the "City") is a municipal corporation organized and
existing under the Constitution and laws of the State of Iowa,
and is authorized and empowered by Chapter 419 of the Code of
Iowa (hereinafter referred to as the "Act"), to issue
Commercial Development Revenue Bonds, and loan the proceeds
from the sale of said Bonds to one or more parties to be used
to defray all or a portion of the cost of acquiring,
constructing, improving and equipping land, buildings and
improvements suitable for the use of any commercial enterprise
which the City Council, as the governing body, finds is
consistent with an urban renewal plan adopted by the City,
pursuant to the Act and Chapter 403, Code of Iowa; and
WHEREAS, the City has been requested by Lyman Addition
Associates, an Iowa general partnership (hereinafter referred
to as the "Company"), to authorize and issue its Commercial
Development Revenue Bonds (the "Bonds") pursuant to the
provisions of the Act for the purpose of financing all or a
portion of the costof acquiring, constructing, improving and
equipping a 28 -unit residential apartment facility (hereinafter
referred to as the "Project"); and
WHEREAS, said Project is located within the area of and is
consistent with and authorized by the Neighborhood Development
Plan adopted by the City, and will promote urban renewal,
rehabilitation and redevelopment of the City, will eliminate
blighted areas, and will provide employment opportunities for
residents of the City and the surrounding area; will enhance
the tax base of the City and overlapping taxing jurisdictions
and will provide and induce other public benefits which will
add to the welfare and prosperity of the City and its
inhabitants; and
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WHEREAS the City has determined that the amount necessary
to defray all or a portion of the cost of acquisition, con-
struction, improving and equipping the Project, including
necessary expenses incidental thereto, will require the
issuance by the City of not to exceed $900,000 in aggregate
principal amount of its Commercial Development Revenue Bonds
pursuant to the provisions of the Act, and it is proposed that
the City loan said amount to Company under a Loan Agreement
between the City and Company pursuant to which loan payments
` will be made by the Company in amounts sufficient to pay the
principal of and interest and premium, if any, on said Bonds,
as and when the same shall be due; and
WHEREAS, the Bonds, if issued, shall be limited obligations
of the City, and shall not constitute nor give rise to a
pecuniary liability of the City or a charge against its general
credit or taxing powers, and the principal of and interest and
premium, if any, on the Bonds shall be payable solely out of
the revenues derived from the Project to be financed by the
Bonds; and
WHEREAS, regulations promulgated under Section 103 of the
Internal Revenue Code of 1954, as amended, may require that the
Issuer of such Bonds adopt a Resolution with respect to such
Bonds or take •some other similar official action" toward the
issuance of such Bonds prior to the commencement of
construction or acquisition relating to the proposed Project,
and it is intended that this Resolution shall constitute "some
other similar official. action" toward the issuance of the Bonds
within the meaning of said federal income tax regulations, and
WHEREAS, there has been presented to the Council a Memo-
randum of Agreement, attached hereto as Exhibit "A" which sets
forth certain mutual undertakings and agreements between the
City and Company, relating to the further processing and issu-
ance of said Bonds, and the City believes it desirable and in
its best interest that said Memorandum of Agreement be executed
for and on behalf of the City; and
WHEREAS, before the Bonds may be issued, it is necessary to
conduct a public hearing on the proposal to issue the Bonds,
all as required and provided by Section 419,9 of the Act.
NOW, THEREFORE, Be It and It Is Hereby Resolved by the City
Council of the City of Iowa City, Iowa, as follows:
Section 1. A public hearing shall be conducted on
August 30, 1983, at 7:30 o'clock P.M., before this City
Council in the Council Chambers at the Civic Center in the City
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of Iowa City, Iowa, on the proposal to issue not to exceed
$900,000 in aggregate principal amount of the City's Commercial
Development Revenue Bonds (Lyman Addition Associates Project)
pursuant to the provisions of the Act, for the purpose of
financing all or a portion of the cost of acquiring,
constructing, improving and equipping the Project, including
necessary expenses incidental thereto, and all local residents
who appear at said hearing shall be given an opportunity to
express their views for or against the proposal to issue such
Bonds; and at said hearing, or any adjournment thereof, this
City Council shall adopt a resolution determining whether or
not to proceed with the issuance of said Bonds.
Section 2. The City Clerk of the City is hereby
to publish one time, not less than fifteen (15) days
the date fixed for said hearing, in the Iowa City
Press -Citizen, a legal newspaper published and having
circulation within the City, a Notice of Intention to
said Bonds in substantially the following form:
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directed
prior to
a general
issue
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Iowa City, Iowa
Aurnict � , 1983
The City Council of Iowa City, Iowa, met in on the day of August rewlar
1983, at x:30 session
�•m• , at t e owa City Civic Center �_ o clock
to law and to the rules of said Council. The meeting Cit called to
order and there were Y Pursuant
Chair, and the following pesent David Ferret
named Council Members: Mayor Pro Tem, in the
Absent: Neuhauser
The Council took up and considered matters relating
issuance of Hospital Facility Refunding Revenue Bonds, Series
h1983
(Mercy Hospital Project) and after consideration thereof, Council
Member McDonald introduced a Resolution entitled:
Resolution amending and supplementing a previous resolution of the
City Council of the City of Iowa City, Iowa, adopted July 5, 1983
entitled:
RESOLUTION AU
AND
ROVIDING
EXCEE6�OOOTOOOIAGGREGATEPPRINCIPALFAMOUNTIiOFISSUANCE HOSPITALOFACNOT TO
ILITY
REFUNDING REVENUE BONDS, SERIES 1983 (MERCY HOSPITAL PROJECT)
THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE
PROCEEDS THE , OF
L, IOWA
PURPOSE OF DEFRAYINGA, FOR THE
COSTRCY POFARETIRINGCCERTAINWINDEBTEDNESS OF
SAID HOSPITAL AND THEREBY ADVANCE REFUNDING THE OUTSTANDING ISSUE
OF $19,.975,000 HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY
HOSPITAL PROJECT) OF THE CITY OF IOWA CITY; EXECUTION AND
THE
DELIVERY OF A TRUST INDENTURE TO SECURE SAID SERIES 1983 BONDS;
THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND SECURITY
AGREEMENT BETWEEN SAID CITY AND SAID HOSPITAL PROVIDING FOR THE
REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID SERIES 1983 BONDS
AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE EXECUTION AND
DELIVERY OF AN ESCROW AGREEMENT RELATING TO THE REFUNDING OF SAID
SERIES 1982 BONDS; THE SALE OF SAID SERIES 1983 BONDS; AND RELATED
MATTERS."
and moved its adoption, seconded by Council Member Balmer
After due consideration of said Resolution by the Council, the Mayor
Pro Tem put the question on the motion and upon the roll being called,
the following named Council Members voted:
Ayes: Perral- m,,__ .
Nays: None
Whereupon, the Mayor Pro Tem declared said
and approval was signed thereto. Resolution duly adopted
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DELIN. HARRIS "ICK. HEAR TNEY A TESDF.LL. LAWYERS. DES MOINES. IOWA
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63-242
RESOLUTION
Resolution amending and supplementing a previous resolution of the
City Council of the City of Iowa City, Iowa adopted July 5, 1983,
entitled:
"RESOLUTION AUTHORIZING AND PROVIDING FOR: THE ISSUANCE OF 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, FOR THE PURPOSE OF LENDING THE
PROCEEDS THEREOF TO MERCY HOSPITAL, IOWA CITY, IOWA, FOR THE
PURPOSE OF DEFRAYING THE COST OF RETIRING CERTAIN INDEBTEDNESS OF
SAID HOSPITAL AND THEREBY ADVANCE REFUNDING THE OUTSTANDING ISSUE
OF $19,975,000 HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY
HOSPITAL PROJECT) OF THE CITY OF IOWA CITY; THE EXECUTION AND
DELIVERY OF A TRUST INDENTURE TO SECURE SAID SERIES 1983 BONDS;
THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND SECURITY
AGREEMENT BETWEEN SAID CITY AND SAID HOSPITAL PROVIDING'FOR THE
REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID SERIES 1983 BONDS
AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE EXECUTION AND
DELIVERY OF AN ESCROW AGREEMENT RELATING TO THE REFUNDING OF SAID
SERIES 1982 BONDS; THE SALE OF SAID SERIES 1983 BONDS; AND RELATED
MATTERS."
WHEREAS, the City of Iowa City, Iowa (the "Issuer") is authorized
by Chapter 419 of the Code of Iowa (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, Mercy Hospital, Iowa City, Iowa, an Iowa not-for-profit
corporation (the "Hospital"), presently owns and operates a voluntary
nonprofit hospital located within the corporate boundaries of the
Issuer; and
WHEREAS, the City Council of the Issuer has on July 5, 1983,
adopted the resolution (the "Bond Resolution") referred to in the title
hereof providing, among other things, for the issuance by the Issuer of
its Hospital Facility Refunding Revenue Bonds, Series 1983 (Mercy
Hospital Project), in the aggregate principal amount of not to exceed
$26,000,000 (the "Series 1983 Bonds") to obtain funds to lend to the
Hospital pursuant to a loan agreement between the Issuer and the
Hospital for the purpose of defraying the cost 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 Is'suer'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
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BELIN. HARRIS. NELMICK. MEARTNEY 8 TESDELL LAWYERS DES MOINES. IOWA 153d
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WHEREAS, Section 1 of the Bond Resolution provided for the
amendment thereof for the purpose of setting the final maturity dates
and amounts, the total principal amount and the interest rate or rates
per annum of the Series 1983 Bonds; and
WHEREAS, it is in the best interests of the Issuer to amend the
Bond Resolution as provided in Section 1 thereof and to supplement the
Bond Resolution all as herein provided;
NOW, THEREFORE, Be It Resolved by the City Council of the City of
Iowa City, Iowa, as follows:
Section 1. The Series 1983 Bonds shall be issued in the aggregate
principal amount of $24,235,000 and shall mature on the dates and in
the amounts and shall bear interest at the rates per annum as set forth
on Schedule A-1 hereto and the Term Series 1983 Bonds shall be subject
to mandatory sinking fund redemption on the dates and in the amounts
set forth in Schedule A-2 hereto and the Bond Resolution is hereby
amended and supplemented to reflect such principal amount, maturity
dates and amounts, interest rates and mandatory sinking fund redemption
dates and amounts.
Section 2. The Agreement, the Indenture and the Escrow Agreement
referred to in the Bond Resolution shall be dated as of July 1, 1983
rather than June 1, 1983, as provided in the Bond Resolution and the
Bond Resolution is hereby amended to reflect such change.
Section 3. The sale of the Series 1983 Bonds to John Nuveen & Co.
Incorporate the "Underwriter") pursuant to the Bond Purchase ti
Agreement as referred to and provided in the Bond Resolution is hereby
ratified and confirmed and the sale of the Series 1983 Bonds shall be
at the price set forth in the Bond Purchase Agreement plus accrued
interest to the date of delivery of the Series 1983 Bonds to said
purchasers thereof.
Section 4. The Escrow Agreement referred to in Section 3 of the
Bond Resolution provides for the purchase of United States Treasury
Obligations (State and Local Government Series) (the "Government
Securities") with the proceeds of the Series 1983 Bonds, such
Government Securities to mature in principal and interest amounts
sufficient to pay the principal and interest on the Series 1982 Bonds
as provided in the Escrow Agreement. The purchase of the Government
Securities is hereby approved and the Mayor, City Clerk, or the
Underwriter are hereby authorized to execute and submitsubscriptions
to the Government Securities on behalf of the Issuer.
Section 5. The final Official Statement relating to the Series
1983 Bonds, as presented to the Council at this meeting is hereby
approved and the Mayor is hereby authorized and directed to execute
said final official Statement.
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BELIN. HARRIS. HELMICN, HEARTNEY 8 TESDELL, LAWYERS. DES MOINES. IOWA
1. MICRDFILMED BY
:JORM MICRO'LAB
CEDAR RAPIDS -DES MOINES
0
Section _6 Except as herein amended and supplemented
provisions of the Bond Resolution as amended a
shall remain in full force and effect � the
date hereof, the Bond Resolution shall be supplemented and supplemented hereby
and from aan the effective
the manner herein set forth.
and amended in
Section 7. The provisions of this Resolution are hereby
to be separ b e and if any action, phrase or provision shall for any
reason be declared to be declared
validity invalid, such declaration shall not affect the
y of the remainder of the sections, phrases and provisions.
Section 8.
upon its This Resolution shall become effective immediately
passage and approval.
Passed and approved August 2
1983.
I-ydUic� ryre
'}—
Attest: Mayor Pro Tem
#
#
Following the completion Of other
{ business before the Council, the
meeting duly adjourned.
Mayor Pro Tem
' City lerk
F
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SELIN, HARRIS, HELMICK, HEARTNEY 6 TESDELL. LAWYERS. DES MOINES, IOWA
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C� 'MICROFILMED BY
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CEDAR RAPIDS -DES 140INES r
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15-30
4
i
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 of the corporate records showing the action taken
by the City Council of said City at a meeting open to the public on
August 2 , 1983, relating to the issuance 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 affixed
at Iowa City, Iowa, this 2nd day of August , 1983.
(Seal)
%y_Inv.,r� �i YTiLIti,
City Clerk
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BELIN.'HARRIS. HELMICK. HEARTNEY 8 TESDELL. LAWYERS. DES MOINES. IOWA
GI MICROFILMED BY 1�
lYi.JORM MICROLAB j
:CEDAR RAP IDS- DES MOINES-
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SCHEDULE A-1
Terms of Series 1983 Bonds
$5,120,000 Serial Series 1983 Bonds- .
Maturing July 1
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
Principal Amount
Interest Rate
PerAnnu_
$210,000
6.50%
225,000
7,008
240,000
7.508
255,000
8.008
275,000
8.258
300,000
8.508
325,000
8.75%
355,000
9.008
385,000
9,208
420,000
9,408
460,000
9.60%
505,000
9.758
555,000
9.90%
610,000
10.008
$19,115,000 Term Series 1983 Bonds due July 1, 2012, bearing
interest at the rate of 10.258 per annum.
BELIN. HARRIS, HELMICK, MEARTNEY A TESDELL. LAWYERS. DES MOINES. IOWA
r;
MICROFILMED BY
hb' !JORM MICROLAB t
CEDAR RAPIDS•DES MOINES
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SCHEDULE A-2
The Term Series 1983 Bonds are subject to mandatory sinking fund
redemption on July 1 of the years and in the principal amounts set
forth below:
Year
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012*
* Final Maturity
Principal Amount
$ 670,000
740,000
815,000
900,000
990,000
1,095,000
1,205,000
1,325,000
1,465,000
1,615,000
1,780,000
1,965,000
2,165,000
2,385,000
C
SELIN. HARRIS, HELMICK. HEARTNEY 6 TESDELL. LAWYERS. OES MOINES. IOWA
/S34 i
MICROFILMED BY
IJORM MICROLAB
`.CEDAR RAPIDS•DES,MOINES . r
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Memorandum Ot Agreement
IDR -4072 (Memo)
Iowa City, Iowa
_August 2 1983
The City Council of Iowa City, Iowa, met in _regular
session on the
o'clock - 2nd day of August 1983 , at 7;30
�•m•, at the Iowa City Civic Center 30 Iowa
City, Iowa. The meeting was called to order and there were present
David Ferret Maycr� in the chair, and the
Members: ro ten following named Council
L di McDonald Perret
Absent: Neuhauser
Matters were discussed relative to the financing of a project
pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member
introduced a resolution entitled "A Resolution
authorizing the execution of a Memorandum of Agreement with Viva i
Investments" and moved its adoption; seconded by Council Member
After due consideration of said resolution by the Council,
the ayor tyle question on the motion and the roll being called, the I
following named Council Members voted:
Ayes: _1cDOnald Balmer, Dickson EL-dahl
Lynch Ferret
Nays: ane
Whereupon, the Mayor/Pcectem
lared said resolution duly adopted and
approval was signed thereto.
Upon motion and vote, the meeting adjourned.
r
Mayor Pro tem
i
Attest:
i
Cit�M� A�
(Seal)
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DELIN,'HARRIS. HELMICK. HEARTNEY 6 TESOELL, LAWYERS, DES MOINES, IOWA
MICROFILMEDBY
!JORM MICROLAB
CEDAR RAPIDS•DES.'MOINES r
J.
`-1
83-243
RESOLUTION
A Resolution authorizing the execution of a Memorandum
of Agreement with Viva Investments of Johnson,
WHEREAS, the City of Iowa City, Iowa,.in the County of authorized
State of Iowa (the "Issuer") is an incorporatedmunicipCodeality
of Iowa,
and empowered by the provisions of Chap ur ose of
b construction or purchase, land,
1983, as amended (the "Act") to issue revenue bonds for the p
financing the cost of s and acquiring,
equipment, or any interest therein,
buildings, improvements and eq p Council
suitable for the use of commercial enterprises
consistent with an urban
of the Issuer as the governing body,
renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code
of Iowa; and Project No.
WHEREAS, the Issuer has adopted an Urban Renewal Plan,
and in furtherance of its
Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area
to
designated therein (the "Urban Renewal Area") proceeds
efforts to carry out the Urban Renewal Plan and the Issuthe er prop
issue its revenue bonds pursuant to the Act and t( le ,company") for
thereof to Viva Investments, an Iowa partnership (the the y
the purpose of financing the acquisition of a andlcertain leasehold
rehabilitation and renovation of the building ton Street, in Iowa
improvements therein, located at 328 E. Washington
and
City, Iowa, for use as an office building (the
WHEREAS, a Memorandum of Agreement in the form and with the
contents set forth in Exhibit A attached heretohas been presented to
,
ursue proceedings necessary under the
the Issuer under the terms of which the Issuer agrees, subject tO the
provisions of such Agreement, to P
Act to issue its revenue bonds for such purpose;
Council of the issuer,
NOW, THEREFORE, BE IT RESOLVED by the City
as follows:
Section I. The Memorandum of Agreement in the form and with the
contents set forth in Exhibit A attached
authorized to executesame
said
hereby approved and the Mayor is hereby
Memorandum of Agreement and the Clerk is hereby authorized to attest said Memorandum
the same and to affix the seal of the Issuer madethereto, part of this
of Agreement which constitutes and is form, text and containing the
Resolution to be in substantially the form,
provisions set forth in Exhibit A attached hereto•of the authorized to take
by
Section 2. Officials be necessaryrtorcarry out the intent and
such further action as may
purpose of the Memorandum of Agreement.
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BELIN.'HARRIS, HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA
�.n.•. — -.. ..J - _. _��
:fir' i
(i HICROFILMED BY
'JORM MICROLAB
C CEDAR RAPIDS -DES MOINES r
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/S31
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Section 3. That all resolutions and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Passed and approved this 2nd day of August
1983.
Attest: Mayor Pro tem
icy '61erk
(Seal)
S
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BELIN HARRIS. HELMICK, HEARTNEY d TESDELL. LAWYERS. DES MOINES, IOWA
- - - - - /53/
III CRD FILMED BY
hb' fJORM MICROLAB, {
S r
- '.CEDAR RhP1D5•DES MOINES 1J
EXHIBIT A
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City,
Iowa, (the "Issuer") and Viva Investments, an Iowa
"Company").
partnership (the
r
which lhave resultedvintthem
execut onnofthe
following: this aAgreementmarea
thenducement
(a) The Issuer is authorized by Chapter 419 of
Iowa, 1983, as amended (the "Act") the Code of
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
for th
therein, suitable e use of commercial enterprises which the City
Council of the Issuer as the governing body, finds is consistent with
an urban renewal plan, adopted by the
the Code Of Iowa. Issuer pursuant to Chapter 403 of
(b) The Issuer has adopted an Urban Renewal Plan, Project
Iowa (the "Urban Renewal Plan")
designated Area
designatedd therein (the "Urban for the Urban RenewRenewal Area") and in furtherance of its
( efforts to carry out the Urban Renewal Plan, the Issuer
issued its revenue bonds pursuant to the Act and to loan the
thereof to Viva Investments, an Iowa Proposedtto
the purpose of financing the acquisition Partnership (the the proceeds
rehabilitation and renovation of the building and (certain mleaseholdr
improvements therein, located at 328 E. Washington Street, in Iowa
City, Iowa, for use as an office building (the "Project") for use as an
Office building; and
(c) The Company wishes to obtain satisfactory assurance from
the Issuer that subject to the public hearing required by the Act and
Section 103(k) Of the Internal Revenue Code and upon reaching mutually
acceptable terms regarding such bonds, such bonds will be issued b
Issuer in an aggregate principal amount not to exceed $500,000
sufficient to finance a Y the
portion of the costs of the Project.
(d) The Issuer considers that the undertaking of the Project
and the financing of the same is consistent with the Urban Renewal Plan
and will promote urban renewal, rehabilitation and redevelopment of the
Issuer and will enhance the tax base of the Issuer, i
within the Issuer and add to the welncrease commerce
and its citizens. fare and prosperity of the Issuer
2. Undertakin s on the Part of the Issuer.
authorize the isuch bondsTheIssuer will begin the proceedings necessary to
not to exceed $500,000. in an aggregate principal amount
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BELIN.TIARRIS. HELMICK. MEARTNEY I TESDELL. LAWYERS. DES MOINES. IOWA
I, MICROFILMED BY
tai'..JORM MICROLAB
CEDAR RAPIDS•DES. MOINES r
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(b) Subject to due compliance with all requirements of law,
including the provisions of and the public hearing required by the Act
and Section 103(k) of the Internal Revenue Code and upon reaching
mutually acceptable terms regarding such bonds, it will cooperate with
the Company, in the issuance and sale of such bonds, and the proceeds
from the issuance of such bonds shall be loaned to the Company upon
terms sufficient to pay the principal of and interest and redemption
premium, if any, on such bonds, as and when the same shall become due.
3. Undertakings on the Part of the Company.
(a) It will use all reasonable efforts to cooperate with the
Issuer and comply with the Act and all other provisions of law relating
to the Project and the issuance and sale of such bonds.
(b) It will enter into a Loan Agreement with the Issuer
under the terms of which the Company will obligate itself to pay to the
Issuer sums sufficient to pay the principal of and interest and
redemption premium, if any, on such bonds as and when the same shall
become due and payable.
4. General Provisions.
(a) All commitments on the part of the Issuer and the
Company herein are subject to the condition that on or before one year
from the date hereof (or such other date as shall be mutually agreed
to) the Issuer and the Company shall have agreed to mutually acceptable
terms relating to the issuance and sale of such bonds.
(b) Whether or not the events set forth in subsection (a) of
this Section 4 take place within the time specified herein or any
! extension thereof, the Company agrees that it will reimburse the Issuer
for all reasonable and necessary costs including special counsel to the
Issuer which the Issuer may incur arising from the execution of this
Memorandum of Agreement and the performance or the preparation to
perform its obligations hereunder, or done at the request of the
Company.
(c) All commitments of the Issuer hereunder are further
subject to the conditions that the Issuer shall in no event incur any
liability for any act or omission hereunder, and that such bonds
described herein shall not constitute an indebtedness of the Issuer
within the meaning of any constitutional or statutory provision and
shall not constitute nor give rise to a pecuniary liability of the
Issuer or a charge against its general credit or taxing powers.
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DELIN. HARRIS. HELMICK. HEARTNEY d TESDELL LAWYERS DES MOINES. IOWA
MICROFILMED BY I
'.JORM MICROLAB
CEDAR RAPIDS•DES. MOINES
/9:7
I
(d) It is expressly understood by both parties to this
Agreement that its execution by the Issuer is intended both as an
expression of the Issuer's current intention to proceed with the
issuance of the bonds and to constitute "some other similar official
action" for purposes of the Treasury Regulations promulgated under
Section 103 of the Internal Revenue Code of 1954, as amended. The
execution of the Agreement by the Issuer is not intended to nor does it
create a binding commitment of the Issuer to proceed with the issuance
of the bonds. It is further understood that the issuance of the bonds
is subject to further review by the City Council of the Issuer and is
conditioned upon, among other things, full compliance with all
provisions of the Industrial Revenue Bond Policyand Procedures for the
City of Iowa City Iowa.
i
Dated this 2nd day of August , 1983.
Iowa City, Iowa
By_ IJ�I I `eYY`C�
Mayor Pro tem
Attest:
Cl -
erk
(Seal)
jviva Inve tments
I BY
c
(Seal)
li
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BELIN. HARRIS, HELMICK. HEARTNEY A TESDELL. LAWYERS. DES MOINES. IOWA
41 MICROFILMED BY
LJORM MICROLAB
,CEDAR RAN. DS•DE S, MOINES r
_ -
----------- -- -_ 1
/S3/
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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 and acting City Clerk of the aforementioned City
and that as such I have in my possession or have access to the complete
official records of said City and of its Council and officers; and that
I have carefully compared the transcript hereto attached with the
aforesaid official records and that said transcript hereto attached is
a true, correct and complete copy of all of the official records
showing the action taken by the City Council of said City to authorize
the execution of a Memorandum of Agreement by and between Viva
Investments and said City.
WITNESS my hand and the seal of said City hereto affixed this
2nd day of August , 1983.
City Clerk
(Seal)
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DELIN.IIARRIS. HELMICK. HEARTNEY & TESDELL. LAWYERS. DES MOINES. IOWA
MICRDFILMED P
V1 JORM MI,CROLAB )
CEDAR RAPIDS•DES MOINES. 7r
JI
/S3/
J.
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City of Iowa Cit
MEMORANDUM
Date: July 28, 1983
To: City Council n
From: Rosemary Vitosh, Director or Finance 10
Re: Industrial Revenue Bonds - Viva Investments Project
An application was received from Dennis G. Visser and Vernon P. Varner for
the issuance of Industrial Revenue Bonds for their partnership, Viva
Investments. They have requested $500,000 in bonds for the purchase and
renovation of the building at 328 E. Washington Street (currently occupied
by the Knights of Columbus). Staff review reveals no legal or financial
problem areas.
The application states the reason for their request as: "Applicants have
done a financial analysis of the project and have determined that the
financial feasibility of the project, including the renovation and
upgrading of the facility to quality office space, requires the use of
industrial development revenue bonds because of the lower interest rates.
The offer to buy the real estate is subject to the approval of the City of
Iowa City of an industrial development revenue bond issue. If Industrial
Development Revenue Bonds are not approved, the project will not proceed.
The designs for this project were reviewed by the Design Review Committee
at their July 27, 1983, meeting. The results of that review are included
elsewhere in the agenda packet.
bdw/sp
Ki MICROFILMED V
A;.:JORM MICROLAB i
CEDAR RAPIDS -DES. 140INES
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I
Proceedings r'ixing Date for Hearing
IDR -4072 (NIH)
Iowa City, Iowa
August 2 , 1983
The City Council of Iowa City, Iowa, met in regular
session on the 2nd day of August 1983, a�—
O'clock, _D .m., at the Civic Center , In —Iowa
Iowa. The meeting was called to order and there were present David
Perret , Mayor/ in the chair, and the following named Council Members:
Pro tem
Balmer, Dickson, Erdahl, Lynch, Perret, McDonald
Absent: Neuhauser
Matters were discussed concerning the issuance of Industrial
Development Revenue Bonds. Whereupon, Council Member Erdahl
introduced a resolution entitled: "Resolution fixing a date for
hearing on proposed Commercial Development Revenue Bonds (Viva
Investments Project)", and moved its adoption, seconded by Council
Member McDonald After due consideration of the said
resolution by the Council, the Mayor put the question upon the motion
and the roll being called, the following named Council Members voted:
Ayes: Dickson, Balmer, Erdahl, Lynch, McDonald, Perret
Nays: None
Absent: Neuhauser
Whereupon, the Mayor declared the said resolution duly adopted and
approval was signed thereto.
On motion and vote, the meeting adjourned.
j Mayor Pro tem
Attest:
�ClerCler aJ AA/
City -k
(Seal)
-1-
DELIN,'HARRIS, HELMICK, HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA
..
MIDRDFILMED BY
t?' !JORM MICROLAB I
CEDAR RAPIDS•DES, MOINES r
/53.Z
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83-244
RESOLUTION
Resolution fixing a date for hearing on proposed
Commercial Development Revenue Bonds
(Viva Investments Project)
WHEREAS, the City of Iowa City, 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 commercial enterprises which the City Council of the
Issuer as the governing body, finds is consistent with an urban renewal
plan, adopted by the Issuer pursuant to Chapter 403 of the Code of
Iowa; and
WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No.
Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area
designated therein (the "Urban Renewal Area"); and in furtherance of
its efforts to carry out the Urban Renewal Plan, the Issuerproposes to
issue its revenue bonds pursuant to the Act and to loan the proceeds
thereof to Viva Investments (the "Company") for the purpose of
financing the acquisition of a building, the rehabilitation and
renovation of the building and of certain leasehold improvements
therein, located at 328 E. Washington Street, in Iowa City, Iowa (the
"Project") for use as an office building; and
WHEREAS, it is proposed to finance all or a portion of the cost of 1 1
the Project through the issuance of Commercial Development Revenue
Bonds (Viva Investments Project) of the Issuer in an aggregate
principal amount not to exceed $500,000 (the "Bonds") and to loan said
amount to the Company under a Loan Agreement between the Issuer and the
Company upon mutually acceptable terms, the obligation of which will be
sufficient to pay the principal of and redemption premium, if any, and
interest on the Bonds as and when the same shall be due and payable;
and
WHEREAS, the Issuer considers that the undertaking of the Project
and the financing of the same is consistent with the Urban Renewal Plan
and will promote urban renewal, rehabilitation and redevelopment of the
Issuer and will enhance the tax base of the Issuer, increase commerce
within the Issuer and add to the welfare and prosperity of the Issuer
and its citizens; 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;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer,
as follows:
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EIELIN,IURRIS, HELMICK, HEARTNEY Q TESDELL. LAWYERS, DES MOINES. IOWA �53�
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FI j MICROFILMED BY /I
tY� 'JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES- r
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Section 1. This Council shall meet at the. Civic Center
in Iowa City, Iowa, on.3the snrh day of p„ gust 1983, at
0 o'clock, n .m., at which time and plce a public hearing shall
be held on the proposal to issue the Bonds referred to in the preamble
hereof, at which hearing all local residents who appear shall be given
an opportunity to express their views for or against the proposal to
issue the Bonds.
Section 2. The Clerk is hereby directed to give notice of
intention to issue the Bonds, setting forth the amount and purpose
thereof, the time when and place where the hearing will be held, by
publication at least once not less than fifteen (15) days prior to the
date fixed for the hearing, in Iowa City Pre Citizen , a
newspaper published and having a general circulat on whin the Issuer.
The notice shall be in substantially the following form:
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BELIN.'HARRIS. HELMICK. HEARTNEY A TESDELL. LAWYERS. DES MOINES. IOWA
it, MTCROFILMEO BY
01' 1JORM MICROLAB i
CEDAR RAPIDS•DES: MOINES .; r
i
V ■
0
NOTICE OF INTENTION TO ISSUE
COMMERCIAL INDUSTRIAL DEVELOPMENT REVENUE BONDS
(Viva Investments Project)
The City Council of the City of Iowa City, Iowa, (the "Issuer")
will meet on the —Zntb_ day of
Civic Center in Iowa Cit' 1983, at the
the purpose of conducting a y' owa' at 7.L0 o'clock, m. for
Industrial Develop
ment RevenuebBondslic e(Viva Inveatming on the entsoProjesal tot)sofethe
Issuer, in an aggregate principal amount not to exceed $500,000 (the
"Bonds"), and to loan said amount to Viva Investments (the "Company"),
for the purpose of financing the acquisition of a building, the
rehabilitation and renovation of the building and of certain leasehold
improvements therein, located at 328 E. Washington Street, in Iowa
City, Iowa within the Urban Renewal Area designated in the Issuer's
Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will
be limited obligations and will not constitute general obligations of
the Issuer nor will they be payable in any manner by taxation , but the
Bonds will be payable solely and only from amounts received by the
Issuer under a Loan Agreement between the Issuer and the Company, the
obligation of which will be sufficient to pay the principal of and
interest and redemption premium, if any on the Bonds as and when the
same shall become due.
At the time and Place fixed for said public hearing all local
residents who appear will be given an opportunity to express their
views for or against the proposal to issue the Bonds, and at the
hearing or any adjournment thereof, the Issuer shall adopt a resolution
determining whether or not to proceed with the issuance of the Bonds.
Written comments may also be submitted to the Issuer at Civic Ctr.,
410F..IVashington Iow1 Citv,prior to the above hearing date.
By order of the City Council, this 2nd day of August 1983.
WNW,
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BELIN,IIARRIS, HELMICK. HEARTNEY A TESDELL. LAWYERS, DES MOINES. IOWA
I j MICROFILMED BY I
tai:JORM MICROLAB
CEDAR RAPIDS-DES.'1401H S r
/S3z
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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 2nd day of August 1983.
Mayor Pro tem
Attest: L ////
• 2f,
f C ty Clerk
(Seal)
�Sr
BELIN,IIARRIS, HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA
tl (: MICROFILMED BY
tN�' !JORM MICROLAB r I
J
I
CEDAR 'RAPIDS•DES�MOINES '
`1
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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 2nd day of August 1983.
Mayor Pro tem
Attest: L ////
• 2f,
f C ty Clerk
(Seal)
�Sr
BELIN,IIARRIS, HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA
tl (: MICROFILMED BY
tN�' !JORM MICROLAB r I
J
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CEDAR 'RAPIDS•DES�MOINES '
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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 and acting City Clerk of the aforementioned City,
and that as such I have in my possession or have access to the official
records of said City and of its officials and that I have 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 (Viva Investments Project) in an aggregate
principal amount not to exceed $500,000.
WITNESS my official signature and the seal of said City this 2nd
day of August 1983.
(Seal)
city Clerk
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BELIN,IIARRIS, HELMICK. HEARTNEY S TESDELL. LAWYERS. DES MOINES. IOWA
( MICROFILMED BY
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,CEDAR RAPIDS•DES, HOINESr
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Iowa City, Iowa, August 2, 1983.
The City Council of Iowa City, Iowa, met on the above date
in the Civic Center, in Iowa City, Iowa, at 7:30 o'clock P.M.,
in open regular session, pursuant to law and the rules of said
Council.
The meeting was called to order by David Pert, Mayor Pro
tem . presiding, and on roll call the following Council
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Members were present:
Balmer
Dickson
Erdahl
Lynch
McDonald Perret
Absents
Neuhauser
f• R i f R f R
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MINIM
Iowa City, Iowa, August 2, 1983.
The City Council of Iowa City, Iowa, met on the above date
in the Civic Center, in Iowa City, Iowa, at 7:30 o'clock P.M.,
in open regular session, pursuant to law and the rules of said
Council.
The meeting was called to order by David Pert, Mayor Pro
tem . presiding, and on roll call the following Council
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Members were present:
Balmer
Dickson
Erdahl
Lynch
McDonald Perret
Absents
Neuhauser
f• R i f R f R
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Matters were discussed relative to the request from outlot
25 Associates, regarding the issuance of not to exceed $650,000
in aggregate principal amount of the City's Commercial
Development Revenue Bonds (Outlot 25 Associates Project).
Following an explanation of the proposed Project by
representatives of the Company and a discussion of the
proposal, Council Member Balmer introduced the following
Resolution in written form and moved its adoption. Council
Member Lynch seconded the motion to adopt. After due
consideration. of said motion, the roll was called and the
Resolution was adopted by the following vote:
AYES: Erdahl, Balmer, Dickson, Lynch, McDonald,
Perret
NAYS: Neuhauser
The Resolution was thereupon signed by the Mayor Pro tem and in
evidence of his approval, was attested by the City Clerk, and
was declared to be effective. The Resolution is as follows:
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RESOLUTION NO. 83-245
AESO UTIONAGGREGATE EGARDINGPTHE
IISSUANCE OF NOT TO
DEVELOPMENT AMOUNT OF EXCEED
OF THE CITY OFVIOWA BONDS (OUTLOT 25 COMMERCIAL
IATES PROJECT)
CITY, IOWAASSOC, DIRECTING PUBLICATION OF
NOTICE OF INTENTION
ON THE PROPOSAL TO TO ISSUE, CALLING A PUBLIC HEARING
ISSUE SAID BONDS AND AUTHORIZING
EXECUTION OF A MEMORANDUM OF AGREEMENT.
to as WHEREAS, the City of Iowa City, Iowa (hereinafter
existingthete
-City") a municipal corporatireferred
on organized and
and is authorized andnitution and laws of the State of
wtoeasbtheh"Pte+ 419 of the Codeowa of'
Iowa (hereinafter referred
Commercial Development Revenue Act ), to issue
from the sale of Bonds, and to
to defray
said Bonds to an the proceeds
y all or a one or more parties to be used
constructin Portion of the cost of acquiring,
improvements proving and equipping land, buildings and.
Which the City
for the use of any commercial enterprise
consistent ity Council, an as the governing body,
Pursuant to the Act and renewal plan adopted by is
Chapter 403 Pof b City,
Code of Iowa; and
WHEREAS, thIowity has been requested by outlot 25
Associates an
to as the , an I general partnership (hereinafter referred
Develo hent P y )' to authorize and issue its Commercial
provisions ofethe A Bonds (the •Bonds•) pursuant to the
portion of thetcostcoffor theinurpose of financing all or a
residentialgapartmen constructingimproving (hereinafter and
referredgto as thet•Project•); and Y (hereinafter
WHEREAS, said Project is located within the area of and is
consistent with and authorized by the Neighborhood Development
Plan adopted by the City, and will promote urban renewal,
rehabilitation and redevelopment of the City, will eliminate
blighted areas, and will provide employment opportunities for
residents of the City and the surrounding area; will enhance
the tax base of the City and overlapping taxing jurisdictions
and will provide and induce other public benefits which will
add to the welfare and prosperity of the City and its
inhabitants; and
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WHEREAS the City has determined that the amount necessary
to defray all or a portion of the cost of acquisition, con-
struction, improving and equipping the Project, including
necessary expenses incidental thereto, will require the
issuance by the City of not to exceed $650,000 in aggregate
principal amount of its Commercial Development Revenue Bonds
pursuant to the provisions of the Act, and it is proposed that
the City loan said amount to Company under a Loan Agreement
between the City and Company pursuant to which loan payments
will be made by the Company in amounts sufficient to pay the
principal of and interest and premium, if any, on said Bonds,
as and when the same shall be due; and
WHEREAS, the Bonds,if issued, shall be limited obligations
of the City, and shall not constitute nor give rise to a
pecuniary liability of the City or a charge against its general
credit or taxing powers, and the principal of and interest and
premium, if any, on the Bonds shall be payable solely out of
the revenues derived from the.Project to be financed by the
Bonds; and
iI WHEREAS, regulations promulgated under Section 103 of the
Internal Revenue Code of 1954, as amended, may require that the
Issuer of such Bonds adopt a Resolution with respect to such
j Bonds or take "some other similar official action" toward the
issuance of such Bonds prior to the commencement of
construction or acquisition relating to the proposed Project,
and t is
other similar eofficialtactionthis Retowardothehissuancetofuthe"some
Bonds
within the meaning of said federal income tax regulations; and
WHEREAS, there has been presented to the Council a Memo-
randum of Agreement, attached hereto as Exhibit "A" which sets
forth certain mutual undertakings and agreements between the
City and Company, relating to the further processing and issu-
ance of said Bonds', and the City believes it desirable and in
its best interest that said Memorandum of Agreement j be executed for and on behalf of the City; and
WHEREAS, before the Bonds may be issued, it is necessary to
conduct a public hearing on the proposal to issue the Bonds,
all as required and provided by Section 419.9 of the Act.
NOW, THEREFORE, Be It and It Is Hereby Resolved by the City
Council of the City of Iowa City, Iowa, as follows:
Section 1. A public hearing shall be conducted on
August 30, 1983, at 7:30 o'clock P.M., before this City
Council in the Council Chambers at the Civic'Center in the City
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of Iowa City, Iowa, on the proposal to issue not to exceed
$650,000 in aggregate principal amount of the City's Commercial
Development Revenue Bonds (Outlot 25 Associates Project)
pursuant to the provisions of the Act, for the purpose of
financing all or a portion of the cost of acquiring,
constructing, improving and equipping the Project, including
necessary expenses incidental thereto, and all local residents
who appear at said hearing shall be given an opportunity to
express their views for or against the proposal to issue such
Bonds; and at said hearing, or any adjournment thereof, this
City Council shall adopt a resolution determining whether or
not to proceed with the issuance of said Bonds.
Section 2. The City Clerk of the City is hereby directed
to publish one time, not less than fifteen (15) days prior to
the date fixed for said hearing, in the Iowa City
Press -Citizen, a legal newspaper published and having a general
circulation within the City, a Notice of Intention to issue
said Bonds in substantially the following form:
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RESOLUTION N0. 83-246
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST AN AGREEMENT FOR HOME REPAIRS FOR THE ELDERLY, ALSO
KNOWN AS CHORE SERVICES, WITH THE ELDERLY SERVICES AGENCY.
WHEREAS, the City of Iowa City, Iowa, deems it in the public interest to
provide Iowa City elderly residents with financial assistance to make
minor home repairs, and
WHEREAS, the Chore Services Program of the Elderly Services Agency
provides assistance to elderly homeowners unable to execute small home
repairs, and
WHEREAS, the City of Iowa City is empowered by State law to enter into
contracts and agreements, and
WHEREAS, the Elderly Services Agency is a non-profit organization
organized and operated under the laws of the State of Iowa, and
WHEREAS, the City of Iowa City and the Elderly Services Agency have
negotiated funding agreements.
! NOW, THEREFORE, BE IT RES
Ot/$$VgDtg THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the Mayor�2 alli��l8iorized to execute and the City Clerk to
attest an agreement for home repairs for the elderly with the Elderly
Services Agency.
i�
It was moved by Dickson and seconded by Exdahl
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Dickson
X Erdahl
X Lynch
R McDonald !
_ X Neuhauser
X Perret
r
Passed and approved this 2nd day of August
1983. �
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MAYOR Pro tem
ATTEST: 71e
CITY CLERK
i
Received A Approved
By The Legal Department
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AGREEMENT
This Agreement, made and entered into on the 2nd day of August1983, by
and between the City of Iowa City, Iowa, a municipal corporation, hereinafter
referred to as the "City," and the Elderly Services Agency, a private non-profit
corporation.
This Agreement shall be subject to the following terms and conditions, to -wit:
I. EQUAL EMPLOYMENT AND NON-DISCRIMINATION:
The Elderly Services Agency shall not permit any of the following
practices:
To discharge from employment, refuse to hire, or discriminate against
any individual in the terms, conditions or privileges of employment
because of their race, creed, color, national origin, religion, age,
sex, marital status, sexual orientation or disability.
Further, the Elderly Services Agency shall not deny its services to any
R person on the basis of race, creed, color, sex, national origin, religion,
marital status, sexual orientation, or disability.
r II. SCOPE OF SERVICES:
The Elderly Services Agency (ESA), through its Chore Service Program,
agrees to provide assistance and implement minor home repairs, such as but
not limited to: plumbing, electrical, carpentry and other home repairs for ti
elderly homeowners in the City of Iowa City.
ESA shall provide:
1) program solicitation; j
2) recipient selection;
3) skilled worker solicitation per Jobs Bill requirements (the ESA
agrees to the extent practicable, to maximize the creation of new
employment opportunities to individuals who are unemployed at least
15 of the 26 weeks prior to March 24, 1983);
4) sufficient worker's compensation liability insurance covering the
Chore Service Program; and
5) program monitoring and compliance as required by the City.
ESA agrees to fulfill its obligations as stated in its Chore Service
Program. Details of these services, goals and objectives are as specified
by the Elderly Services Agency.
III. FUNDING:
Upon execution of this agreement, the City shall pay $1,000 to the Elderly
Services Agency to provide additional chore services not to extend after
June 30, 1984. Said funds to be allocated under the special Jobs Bill
Community Development Block Grant to the City.
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IV. GENERAL ADMINISTRATION:
A. The Elderly Services Agency shall submit monthly program reports to
the City by the 15th of each month. Said reports shall be in a form
and content as determined by the City.
B. The Elderly Services Agency shall be responsible for all
' administration of the program, including the preparation of monthly
reports and maintenance of all applicable records and files.
C. The City shall not assume responsibility for any torts, wrongdoings or
criminal action caused by individuals employed through the Chore
Service Program.
D. This agreement may be terminated upon a 30 day written notice by
either unexpendedrtf ndslnremainingenfromhltheaoriginal allocationent is shallabe
promptly refunded to the City.
V. ASSIGNMENT:
This Agreement may not be assigned without written agreement of the
parties.
CITY OF IOWA CITY, IOWA
Mayorbro}em
ATTEST:
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�,cy Lierk —`—�
ELDERLY SERVICES AGENCY
�or'xr 4—�lc
Name and Title
ATTEST:
fNameld4le44j'z�:&n.
pacaivoc'. & ....
pY } Legal '�_ k� It
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CI MICROFILMED BY
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RESOLUTION N0. 83-247
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM
AND INDEPENDENT LIVING, INC., FOR THE USE OF 1983 COMMUNITY
DEVELOPMENT BLOCK GRANT JOBS BILL FUNDS FOR THE MYEP/IL
EMPLOYMENT PROGRAM.
WHEREAS, the City of Iowa City is the recipient of funds granted by the
U.S. Department of Housing and Urban Development (HUD) under Title I of
the Housing and Community Development Act of 1974, as amended (Public Law
93-383), and Title I of Public Law 98-8 (the "Jobs Bill"); and
WHEREAS, the City of Iowa City wishes to utilize such funds to provide
jobs and job training for low income, disadvantaged, and handicapped
Youths and adults through a program referred to as the "MYEP/IL Employment
Program."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
!' 1• That the Mayor be authorized to sign and the City Clerk to attest an
agreement with the Mayor's Youth Employment Program and Independent
Living, Inc., for the MYEP/IL Employment Program. Said agreement is
attached to this resolution and is incorporate
herein. d by this reference
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It was moved by Dickson
and seconded
Resolution be adopted, and upon roll call there were: by Erdah�— the
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AYES: NAYS: ABSENT:
i
x Balmer
x Dickson
x Erdahl
xLynch
R McDonald
x x Neuhauser
Perret
Passed and approved this 2nd day of August
, 1983.
MAYOR
Pro }em
,
ATTEST: rna�
i
C411 CLERK
Realved i Approv9d
By The Legal Depe rM
i(j h MICROFILMED BY
t j',JORM MICRO_ LAB 1
CEDAR RAPIDS•DES. MOINES f
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AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND MAYOR'S YOUTH EMPLOYMENT PROGRAM
AND INDEPENDENT LIVING INC.
FOR THE USE OF 1983 COMMUNITY DEVELOPMENT BLOCK GRANT
JOBS BILL FUNDS FOR THE MYEP/IL EMPLOYMENT PROGRAM
THIS AGREEMENT, entered into this 2nd day of Au t 1983, by and
between the City of Iowa City, a municipal corporation, herein referred to as
the "City"), and Mayor's Youth Employment Program in conjunction with
Independent Living, Inc. (herein referred to as "MYEP/IL"); and
WHEREAS, the City is the recipient of Community Development Block Graft funds
granted by the U.S. Department of Housing and Urban Development (HUD) under
Title I of the Housing and Community Development Act of 1974, as amended (Public
Law 93-383), and Title I of Public Law 98-8 (the "Jobs Bill"); and
WHEREAS, the City wishes to utilize such funds to assist in providing jobs and
job training to low income, disadvantaged, and handicapped youths and adults
through a program referred to as the "MYEP/IL Employment Program."
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS
i
AGREEMENT.
I. PURPOSE AND SCOPE OF SERVICES:
r
A. MYEP/IL will provide meaningful employment and job training for low
income, disadvantaged youths and adults ages 16 and above.
B. MEYP/IL will integrate disadvantaged
adults into work crews serving both he public and pri ate sectorapped
C. MYEP/IL will perform the following work and services in a
satisfactory to the City: manner
1• Recruit youths and adults through public notices and
notification of referring agencies, and screen applicants for
eligibility according to criteria set up by MYEP/IL. Said
criteria must be approved by the City, in writing, as complying
with all applicable
regulations. local, state and federal laws and
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To the extent practicable, use the funds disbursed under this
agreement to maximize immediate creation of new employment
opportunities, particularly for persons who were unemployed at
least 15 of the 26 weeks prior to March 24, 1983. Further
MYEP/IL will ensure that all contracts for work under this
agreement contain an appropropriate special employment
Opportunity statement.
Secure appropriate jobs sites for crews and individuals in the
Public and private sector.
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4. Provide employment counseling and job training to assist
enrollees in developing positive work habits, so that their
future employment opportunities will be enhanced.
5. Develop and administer an enrollee pay plan establishing
enrollee wages consistent with state and federal laws and
regulations.
6. Provide sufficient administrative and supervisory personnel to
ensure that all laws and regulations governing the program are
complied with and enrollees receive proper work supervision.
7. Maintain sufficient worker's compensation and liability
insurance covering the MYEP/IL Employment Program, and assume
all responsibility for tort claims related to the program.
II. TIME OF PERFORMANCE:
This agreement sfiall commence upon execution by the parties and shall
terminate August 31, 1984.
III. FUNDING:
The City shall pay $30,000 to MYEP/IL to provide these services from
September 1, 1983, through August 31, 1984. Lump sum payment shall be made
as soon as practicable following the execution of this agreement. '
In the event that MYEP/IL is unable to perform the services required by
this program or the program is terminated, all unobligated funds shall be
returned to the City.
IV. GENERAL ADMINISTRATION:
A. Employment Reports:
1. The City will provide accounting and payroll services for the '•
MYEP/IL Leaf Employment Program.
2. The MYEP/IL Directors shall be responsible for the
administration of the program, including the preparation of a
program budget for the City's approval. The MYEP and IL Boards
shall serve as an advisory committee for the selection of the
Directors. The Directors and other supervisory personnel shall
be entitled to such benefits as are approved by the City and the
Boards of MYEP and IL.
3. MYEP/IL will direct all correspondence concerning this agreement
to the Office of the Iowa City Community Development Block Grant
Program Coordinator.
i
4. MYEP/IL will submit special monthly reports to the Program
Coordinator's office by the 15th day of each month until all CDBG
funds disbursed under this agreement have been expended. Such
reports will include information regarding employment
opportunities and program beneficiaries.
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5• Not later than Septe-tuber 30, 1984, MYEP/IL will provide the City
with a certified statement of the expenditure of funds disbursed
under this agreement.
B. Other Reports, Audits and Inspections:
1.
2.
3.
MYEP/IL will furnish the City or HUD with such statements,
records, data, and information as the City or HUD may reasonably
request pertaining to this agreement within the time requested.
At any time during normal business hours, there shall be
available to the City, HUD, and/or the Comptroller General of the
United States made
MYEPeIL's res, or with dues authorized representatives, all of
Permit examination with
an p to this agreement in order to
personnel records y audits, invoices, materials, payrolls,
relating to all mattersncovered b f employment, and other data
y this agreement.
MYEP/IL will retain financial records, supporting documents,
statistical records, and all other records pertaining to
expenditures under this agreement for a period of t 3
from the termination of this agrhree eement.
C )years
IV. TERMS AND CONDITIONS:
This agreement shall be subject to the following terms and conditions, to -
wit:
I. EQUAL EMPLOYMENT OPPORTUNITY
The MYEP/IL Leaf Employment Program shall not
following practices: permit any of the
Discharge from employment, refuse to hire or discriminate
against any individuals in terms, conditions, or privileges of
employment because of their race, creed, color, national origin
disability, ,
religion, age, sex, marital status, sexual orientation or,
2• NON-DISCRIMINATION IN SERVICES
M/IL shall not deny to any person its services on the basis of
ace
creed, color, sex, nationalorigin, religion, age, marital
status, sexual orientation, or disability.
3• TERMINATION:
This agreement may be terminated upon a 30 -day written notice by
either party.
4. INTEREST OF MYEP/IL:
MYEP/IL covenants that they presently have no interest and shall not
acquire any interest, direct or indirect, which would conflict in any
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manner or degree with the performance of services under this
agreement. person having csuchaans that in interestthe shallrfbemance of employedh
pby
agreement no p
MYEP/IL.
5. ASSIGNABILITY:
reement
MYEP/IL shaassionment orn or f
ll
novationswithoer ut�the prior written interest in this approval
whether by 9
of the City.
6. HOLD HARMLESS PROVISION:
MYEP/IL shall indemnify and hold harmless the City, its officers,
employees, and agents from all liability, loss, cost,wrongdodamage, torts,
aused
I LoEmployment Program, and e
and a pnseremployed
MYEP/ILeafreasonable
attorney's fees and court costs) resulting from or incurred by reason
of any actions based upon the performance of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on this
2nd day ofAum 1983.
FOR CITY OF IOWA CITY
By:
Mayor Pro tem
Attest: �'
City Clerk
FOR MAYOR'S YOUTH EMPLOYMENT PROGRAM:
By:
Attest:
FOR INDEPENDENT LIVING, INC.
By:
Attl
MICROFILMED BY
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CEDAR RAPIDS -DES. MOINES- r
Rxoived & Approved
By, T i legal Depa nl
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+ RESOLUTION NO. 83-248
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHEAST IOWA,
FOR THE USE OF COMMUNTIY DEVELOPMENT BLOCK GRANT FUNDS TO EXPAND
AND MODERNIZE THE GOODWILL FOOD SERVICE TRAINING FACILITIES FOR
THE HANDICAPPED.
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant funds granted by the U.S. Department of Housing and Urban
Development (HUD) under Title I of the Housing and Community Development
Act of 1974, as amended (Public Law 93-383), and Title I of Public Law 98-
8 (the "Jobs Bill"); and
WHEREAS, the City of Iowa City wishes to utilize such funds to expand and
modernize Food Service Training Facilities for disabled persons and to
engage Goodwill Industries of Southeast Iowa to carry out said expansion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
I
i 1. That the Mayor be authorized to sign and the City Clerk to attest an
agreement with Goodwill Industries of Southeast Iowa to expand and
modernize its Food Service Training Facilities. Said agreement is
attached to this resolution and is incorporated by this reference
herein.
It was moved by Dickson and seconded by Fsdahl 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 2nd
day of August 1983.
1
�iW l a
MAYORPro tom
ATTEST:
CITY CLERK
Retelved 3 Approved
By leg&l Dent
7 1G cQ3
Cj MICROFILMED DY I
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CEDAR RAPIDS•DES'IdCINES r
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AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND
GOODWILL INDUSTRIES OF SOUTHEAST IOWA
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR EXPANSION AND MODERNIZATION OF FOOD SERVICE TRAINING FACILITIES
FOR DISABLED ADULTS
THIS AGREEMENT, entered into this 2nd day of August , 1983, by and
between the City of Iowa City, a municipal corporation (herein referred to as
the "City"), and Goodwill Industries of Southeast Iowa (herein referred to as
"Goodwill"); and
WHEREAS, the City is the recipient of 1983 Community Development Block Grant
Jobs Bill funds granted by the U.S. Department of Housing & Urban Development
(HUD) under Title I of the Housing and Community Development Act of 1974, as
amended (Public Law 93-383); and
WHEREAS, the City wishes to utilize such funds to assist Goodwill in expanding
and modernizing their Food Service Training Facilities for disabled adults;
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS
AGREEMENT.
PART I
j I. PURPOSE AND SCOPE OF SERVICES:
A. I. Goodwill shall expand and modernize the Food Service Training
Facilities at 1410 First Avenue, Iowa City, Iowa, in order to
expand the capacity for training, employment and placement of
disabled persons.
2. Goodwill shall provide a food service training program to serve
approximately 40 disabled persons annually for a period of five
(5) years.
B. Goodwill will, to the extent practicable, use the funds disbursed
under this agreement to maximize immediate creation of new employment
opportunities, particularly for persons who were unemployed at least
15 of the 26 weeks prior to March 24, 1983. Further, Goodwill will
ensure that all contracts for work under this agreement contain an
r
appropriate special employment opportunity statement.
C. Development of architectural designs and determination of equipment
needs for said expansion shall be the responsibility of Goodwill with
written concurrence by the City.
D. The City shall provide technical assistance regarding bidding
procedures and awarding of contracts. All procedures shall be carried
out according to HUD standards and shall be monitored by the City.
E. Upon completion, the facilities shall comply with all applicable
state and local building codes and be used for the purpose of training
disabled persons.
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II. TIME OF PERFORMANCE:
Goodwill will perform according to the following schedule:
Program Element
Dead
Contract for Equipment Purchase
Contract for Construction August 15, 1983
Completion of Construction August 31, 1983
Facility in Operation October 31, 1983
Continued Facility Operation November 15, 1983
This Nov. 15, 1983 -Nov. 14, 1988
schedule is subject to change by mutual agreement of bo
writing. th
Parties, in
III. COMPENSATION AND METHOD OF PAYMENT
The City will pay and Goodwill agrees to
thirty-one thousand and five
accept in full the amount of
under this agreement as hundred dollars ($37,500
follows: ) for performance
1• Partial payment will be made upon presentation of a proper.
contract for supply of equipment,
2• Balance of compensation due Y executed
properly executed contract for construction
3• The total of the above and remodeling of the
s will not exceed $31,500.
IV. TERMS AND CONDITIONS:
f
� A• The Cit i
Y will assume no responsibility or liability for the o
or Program funding of the Food Service Training Facility. Peration
B. Goodwill shall, at its own expense
I period of this agreement , Procure and maintain during the
insurance to be effective
asOfthekspropertyarof hedamage
damage coverage shall and liability
damage
not be less than the current markettvalue rOfethe
broil property, and liability coverage shall not be less than
Proofof insurance er shallnbershowo,too City occurrence.
a dol bodily injury Per occurrence.
licensed authorized and executed policy issuedby
furnishing a co
do business in the State of Iowa. y an Insurance company
C• In the event that Goodwill elects to sell or otherwise transfer legal
or equitable interests in the property or discontinue the Food service
b Training Pro ram
the City a proratedpshare of therior to $31,500.
14, The Goodwill will
determined by deducting one-fifth 31,500. The prorated share shaay to
ll be
original $31,500 for each year elapsed5under this agreement•y from the
Excet as
he ter
D the d to of execution ethoughtNovember of this agreement shall be from
14, 1988,
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E. This agreement is subject to and incorporates all other terms and
conditions set forth in Part II hereof.
PART II
I. PERFORMANCE AND REPORTING:
A. Goodwill will provide a Food Service Training Program for disabled
adults at this facility until November 14, 1988, in a manner
satisfactory to the City.
B. Goodwill will direct all correspondence concerning this agreement to
the Office of the Iowa City Community Development Block Grant Program
Coordinator.
C. Goodwill will submit monthly reports to the Program Coordinator's
office by the 15th day of each month until the completion of all
renovation and expenditures of all CDBG funds disbursed under this
agreement. Such reports will include information regarding
employment opportunities and program beneficiaries.
Upon completion of the renovation project Goodwill will submit
quarterly reports by the 20th day of February, May, August and
November of each contract year. In addition, an audited annual report
will be submitted by March 1 of each contract year. No reporting
requirements shall extend beyond November 14, 1988. Quarterly
reports will include, at a minimum, statistics pertaining to the
numbers and county of residence of persons trained in the facility.
D. Not later than December 31, 1983, Goodwill will provide the City with
a certified statement of the expenditure of funds disbursed under this
agreement.
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II. OTHER REPORTS AUDITS AND INSPECTIONS:
A. Goodwill will furnish the City or HUD with such statements, records,
data, and information as the City or HUD may reasonably request
pertaining to this agreement within the time requested.
B. At any time during normal business hours, there shall be made
available to the City, HUD, and/or the Comptroller General
United States, or their duly authorized of the
representatives, all of
Goodwill's records with respect to this agreement in order to permit
examination of any audits, invoices, materials, payrolls, personnel
records, conditions of employment, and other data relating to all
matters covered by this agreement.
C. Goodwill will retain financial records, supporting documents,
statistical records, and all other records pertaining to expenditures
under this agreement for a period of three (3) years from the
termination of this agreement.
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III. PROCUREMENT STANDARDS:
The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-
102 shall apply to the use of funds disbursed under this agreement.
IV. NON-DISCRIMINATION:
No person shall be excluded from or denied the benefits of the Food Service
Training Facility on the basis of age, race, color, national origin, or
sex, marital status, sexual orientation, or disability. All prospective
beneficiaries must, however, be disabled or handicapped persons in need of
training.
V. QUAL EMPLOYMENT OPPORTUNITY:
Goodwill certifies that it is an "Equal Opportunity Employer" and that it
will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter
601A (State Civil Rights) of the Iowa Code, and all applicable regulations
of the U.S. Department of Housing and Urban Development pertaining to equal
opportunity and affirmative action in employment. Further, Goodwill will
insure that all contracts for work under this agreement contain an
appropriate equal employment opportunity statement.
VI. LEAD-BASED PAINT POISONING PREVENTION:
i
Goodwill will comply with the requirements of the Lead-based Paint
Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations
thereunder (24 CFR Part 35), insofar as they apply to the performance of
this agreement.
VII. TERMINATION OF AGREEMENT FOR CAUSE:
If Goodwill fails to fulfill its obligation under this agreement in a
timely and proper manner or if Goodwill violates any of the terms,
agreements, or stipulations of this agreement, the City shall thereupon
have the right to terminate this agreement by giving written notice to
Goodwill specifying the default, or defaults, and stating that this
agreement will be terminated 30 days after the giving of such notice unless
such default, or defaults, are remedied within such grace period. In the
event of such termination, Goodwill will repay to the City the full amount
of $31,500.
VIII. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS:
A. No member or delegate to the Congress of the United States, and no
resident Commissioner, shall be admitted to any share or part of this
agreement, or to any benefit to arise herefrom.
B. No member of the governing body of the City, no officer, employee,
official, or agent of the City, or other local public official who
exercises any functions or responsibilities in connection with the
review, approval, or carrying out of the project to which this
agreement pertains, shall have any private interest, direct or
indirect in this agreement.
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IX. INTEREST OF GOODWILL:
Goodwill covenants that it personally has no interest and shall not acquire
any interest, direct or indirect, which would conflict in an
degree with the performance of services to be performed under this
agreement. Goodwill further covenants that in the Y manner or
agreement no person having such an interest shall be employed by Go of this
X. ASSIGNABILITY:
Y Goodwill.
Goodwill shall not assign or transfer any interest in this agreement,
whether by assignment or novation, without the prior written approval of
the City.
XI. HOLD HARMLESS PROVISION:
Goodwill shall indemnify and hold harmless the Cit
employeesandagents from all liability, loss, costs
(includingreasonable attorneys fees and court costs m its officers,
incurred b damage, and expense
a Y reason of any actions based upon the performancresultie ofrothis
agreement.
IN WITNESS WHEREOF the parties hereto have executed this agreement on this
2nd day of Amt , 1983.
CITY OF IOWA CITY
1 By:1�
I Mayor pro tem
Attest: �J�r� �/.�)
City Clerk
GOODWILL INDUSTRIES OF SOUTHEAST IOWA
By:
Attest:ti,l�e
MICROFILMED BY
,JORM MICROLAB
, CEDAR RMos•bEs,.M01}IEs —� r -
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Rocelvorl & p
pProved
By The
Legal De17 irtment
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RESOLUTION NO. 83_299
RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA CITY, IOWA, TO
CREATE A MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA.
WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of
resourcestooimproveate a neighboorh neiram ghborhoodsor and utilizing
her appropriate
development spreadof
urban blight and to encourage urban rehabilitation, and
WHEREAS, the Miller/Orchard Neighborhood, whose boundaries are shown on the
attached map (Exhibit A), has been found to be in need of rehabilitation to
prevent decline and the spread of blight.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa Cit
j the City Council has considered the above findings and it is hereby found by the
I City Council that: Y, that
1• One or more slums or blighted areas exist in the City of Iowa City.
2. The rehabilitation, stabilization, or a combination of improvements, of
r such area is necessary in the interest of the public health, safety, morals
or welfare of the residents of the City of Iowa City, Iowa.
It was moved by Dickson
and Resolution be adopted, and upon roll call there were: by F.rdaht the
AYES: NAYS: ABSENT:
X
x _ Balmer
X Dickson
X Erdahl
X Lynch
McDonald
X X Neuhauser
Perret
c
Passed and approved this 2nd day of August1983.
h\o'Id
MAYORPro fem
i ATTEST:gJ �/
1 LIMY cLtfiK
Received
Ey Loom
& Reproved
9 Pa of
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CEDAR RAPIDS•DES. MOINES
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NEIGHBORHOOD A
BOUNDARIES ��
ROOSEVELT
SCHOOL
BENTON
EXHIBIT A
MILLER/ORCHARD NEIGHBORHOOD
IMPROVEMENT AREA
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CEDAR RAMS•DES. MDINES-, r
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RESOLUTION NO. 83-250
RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR JOINT
USE OF FACILITIES BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY
COMMUNITY SCHOOL DISTRICT.
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WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with
Iowa City Community School District, a copy of said contract 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 contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the Agreement with the Iowa City Community School
Districtz conforming to Chapter 28E of the Code of Iowa, Joint
Financing of Facilities.
2. That the City Clerk shall furnish copies of said Agreement to
any citizen requesting same.
' It was moved by Erdahl and seconded by
jMcDonald the Resolution be adopted, and upon roll call there
were:
' I
AYES: NAYS: ABSENT:
's
X Balmer
X Dickson
X Erdahl '
X Lynch
X McDonald
_ X Neuhauser
X Perret
Passed and approved this 2nd day off August `� 1983.
�J 2Yt1 Cl l rc-YYd-
MAYORpro fe,
.�
ATTEST: aur„ 7V
CITY CLERK
Received $ Approved
Ily The Lepel Depe enf
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CEDAR RAPIDS•DES. MOINES 1r
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COOPERATIVE AGREEMENT FOR JOINT USE OF FACILITIES
BETWEEN THE CITY OF IOWA CITY, IOWA, AND
THE IOWA CITY COMMUNITY SCHOOL DISTRICT
This Agreement is made and entered into by and between the City
of Iowa City, Iowa, a municipal corporation duly authorized,
organized, and existing pursuant to the laws of the State of Iowa
located in Johnson County, Iowa, hereinafter called City, and the
Iowa City Community School District, a corporate body situated in
Johnson County, Iowa, hereinafter called School.
WITNESSETH
WHEREAS, it is the purpose of the parties hereto to provide
education and recreation services which will contribute to the
general recreational and educational welfare of children and adults
of the corporate areas; and
WHEREAS, the School and the City desire to provide an organized
program of activities after school hours, on weekends, legal
holidays, and during vacation periods; and
WHEREAS, the purpose of this Agreement is to provide adequately
organized and supervised community recreation services and
facilities in all areas of the City and the School's areas therein
through joint efforts of the two governing bodies, rather than by the
i
separate efforts of each body; and to prevent duplication of effort
and waste of finances; and in order to promote and conduct a program
of community recreation successfully, the School and the City
mutually desire to mobilize all community resources to effectively
and economically meet the present and future needs of the public; and
WHEREAS, it is in the public interest that the recreational
facilities of public agencies be put to the fullest possible use; and
WHEREAS, the School and the City desire to establish a basis for
the orderly planning and future development of recreational
facilities within said area.
NOW, THEREFORE, the School and the City hereby mutually
covenant and agree as follows:
1. The public recreational program and activities described
in this agreement refer to those
g programs of recreation under the
direction and supervision of the City which are open to the general
public.
2. Educational programs and activities refer to those classes
and extracurricular activities under the supervision of the School.
3. The School does hereby permit the use of its buildings and
grounds by the City for recreational purposes, according to
.MICROFILMED, BY
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schedules mutually agreeable to the Superintendent of the School
District and to the City Manager of Iowa City, Iowa.
4. The City does hereby permit the use of its park and
recreation buildings and grounds by the School for school purposes,
on a schedule mutually agreeable to the City Manager and the
Superintendent.
5. The City Manager and the Superintendent shall, in a joint
meeting, establish a tentative master calendar for the joint use of
facilities. In scheduling the use of school facilities, school
events and programs shall have first priority; and in scheduling the
use of city facilities, city programs shall have first priority.
6. The schedule herein provided and attached hereto shall not
interfere with the regular conduct of school work on school premises
nor with city programs on city premises nor shall the use by the non -
owning party be inconsistent with the primary use of the buildings or
the grounds of the owning party.
7. The responsibility for supervision shall be upon the using
party and not upon the owner of the facility.
r 8. The owning authority is responsible for ensuring that the
facilities provided are constructed and maintained in a safe manner
sufficient for the proposed use of the using authority. The owning
authority shall hold harmless and free from liability the using
authority for all property damage done to the premises except that
portion under the direct control of the using authority. This shall
include in addition to immediate use areas, entryways, hallways and
restrooms made available to the using authority. In the case of use
of outdoor areas it shall include responsibility for property damage
to immediately adjacent portions of the building. The using
authority shall reimburse the owning authority for actual cost of
repairing property damage done to premises for which it is
responsible.
The using authority shall be responsible for the supervision of
those persons participating in the scheduled event in the area of
premises under the direct control of the using authority. The using
authority shall hold harmless and free from liability the owning
authority for any personal injuries, which are the result of its
failure to supervise participants in the areas under its care,
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custody, control, excluding those injuries caused by latent or
patent defects of the premises.
9. The property, equipment, buildings, and grounds of the
City and School shall be available for the use of the other party
when there is no conflict with owner uses.
10. The Superintendent and the City Manager or their
designated representatives shall develop detailed scheduling and use
requests for the use of the other party's facilities in such a manner
that mutual agreement may be reached in writing no less than thirty
(30) days prior to initiation of any program changes. All such
agreements shall become fixed for scheduling purposes for the
facilities and times agreed upon, except scheduling changes may be
agreed to mutually when an emergency exists.
11. This agreement shall be for a period of one year commencing
August 1, 1983, to and including the 31st day of July, 1984. This
agreement shall be automatically renewed for additional periods of
one year each, on the same terms and conditions, unless either party
gives to the other written notice to terminate this agreement at
least 30 days prior to July 31, of any year.
12. This Agreement shall terminate and supercede any prior
agreements on the same subject matter between the parties hereto and
their predecessors.
Whereas each party is responsible for the care and upkeep of its
facilities and whereas the using party is responsible for the hiring
of supervisory personnel, no expenditures of funds are necessary to
implement this agreement, except as to reimbursement for property
damage contained in paragraph 8 above.
It is the understanding of the parties that this Agreement shall
conform to the requirement of Chapter 28E of the Code of Iowa; and,
as such, this Agreement will take effect only upon execution by the
City Council of the City of Iowa City, Iowa, the School Board of the
Iowa City Community School District, filing with the Secretary of
State of the State of Iowa, and its being duly recorded with the
County Recorder of Johnson County, Iowa.
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iS{ MICROFILMED BY
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CEDAR RAPIDS•OES.-Id01NE3 r
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Dated at Iowa City, this 2nd day of August ,
1983.
IJ CITY OF IOWA CITY
Attest: %%III Aw 2'/ 7fQAA,) 1 YOw d
City Clerk Mayor pi6Ttem
IOWA CITY COMMUNITY SCHOOL DISTRICT
Attest: / I" e°` (—/ W n l -r— Can ncry-)
o rd Secretary Preside t, Board of Education
This Agreement was approved by the City Council on /a // �� /%�3.
Signed: /// n� .�% 7S 7Sgdd J
Ci t Clerk
This Agreement was approved by the Iowa City Community School District Board of
Education on Cttt.2 3,, /983 DJ'
d Signed:
Bad Secretary
R,ct1vP4 $ {pproytd
By Tha L va( Dcpc
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t� �J.ORM `MICRO_ CAB
CEDAR RAPIDS -DES MOINES r
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RESOLUTION N0. 83-251
i� {� MICROFILMED BY
I O.RM MICROLAB `I
`.CEDAR R01DS�DES.M0IN.3' r
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RESOLUTION AUTHORIZING RENEWAL OF LEASE WITH THE
JOHNSON COUNTY AGRICULTURAL
ASSOCIATION
WHEREAS, the City of Iowa City, Iowa, has re -negotiated a lease with
Johnson County Agricultural Association,
a copy of said lease being on file
in the City Clerk's Office, and by this reference
made a part hereof, and
WHEREAS, the City Council deems it in the public interest to enter into
said lease for the rental of 7,500
square feet at the 4-H Grounds for a
price of $350 per month for ten months out of the
year for a two (2) year
contract from September 1, 1983, through June 30, 1985, said
to
rental property
provide covered, heated storage for equipment for the City Streets Divi-
sions in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized
and directed to
execute the lease with Johnson County
Agricultural Association.
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2. That the City Clerk shall furnish copies of said lease
to
any citizen requesting same.
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It was moved by Erdahl and seconded by Balmer that the
Resolution be adopted, and
z
upon roll call there were:
hi
AYES: NAYS: ABSENT:
i
4 �..
X Balmer
.
='
x McDonald
X Erdahl
X Neuhauser
X Perret
X Dickson
X Lynch
�
Passed and approved this 2nd day of August 1983.
'
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�rc.1r1RG�
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IJ�(C1
t
MAYOR pro tem
rr'
ATTEST:
„) ?/j .J
6I1`1 CLERK
d Approved
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I O.RM MICROLAB `I
`.CEDAR R01DS�DES.M0IN.3' r
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ASSOCIATION
Va."
°•aunt LEASE -BUSINESS PROPERTY
THIS LEASE AGREEMENT, executed in
1983 , by and between Johnson CI
, made and entered into this 2nd day of August
called the eLandlord'1
whose address for the purpose of this 'Is 1 3149 Hwy 218 South Iowa t t tY
(else -1 end Number) (City)
Iowa 52240 and C.itY of IQU U ty
)star.) (zip Cod-)
(hereinafter called the 'Temant')
whew address for the purpose of this lease is_ 410 F Washington Ctraat Iowa rite
Isvael end Number) (City)
Iowa 52940 WITNESSETH THAT:
(star.) aip Coda)
I. pREMISES AND TERM. The Landlord, in consideration of the rents heroin reserved and of the agreements and conditions here•
in contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents Johnson
l asm from Land.
lord, according to the termsth
and provisions heroin, e following described real estate, situated in
county, Iowa. to will:
50' x 150' barn known as the Swine Barn at the Johnson
County 4-H Fairgrounds on Highway 218 South equipped
with natural gas burning heaters, said barn containing
7500 square feet, more or less.
with the improvement, thereon and all right,, easements and appurtenances thereto belonging, which, more particularly, includes the space and
Promises as may be shown on "Exhibit A", if and as may be attached hereto, for a Corm o(' tan month DAAA"m socleg at sold -
is pmhaY`
might of the day previous to the first day of the lease form, which shall bo on the 1 ct day of d �tirnP
lg R�-84mmd ndlmg 4 8 id"# on the lest day of the lease farm, which shall be OR the Y
tg $ A pan the condition that the Tenant pays rant therefor, and otherwise performs as in this lease provided.
The above - specified term is exclusive of July 1 -August 31.
RENTAL TO BE PAID FOR 10 MONTH PERIOD IN TWO PAYMENTS EACH YEAR:
January, 1984 - $1750.00 June, 1984 - $1750.00
January, 1985 - $1750.00 June, 1985 - $1750,00
2. (ENTAL Tenant egress to pay to Landlord as rental for sold term, all foliorn f
350 00
per month, to advauo, Ha got reef payment becomlov dmo%M as provided i n Paragraph 1.
StrNe'
ew
In addition to the above monthly rental Tenant shall also pay:
For all utilities used by the tenant
All sums shall be paid at the address oI Landlord, as above designated, or at such oll,er place in Iowa, or elsewhere. as the Landlord
may, from time to time. previously designate in writing.
Delinquent payments shall draw interest el t Na per annum from the duo dole, until paid.
7. POSSESSION. Tenant shall be antilled to possession on the first day of the term of this lease, and shall yield possession
to the Landlord of the time and date of the close of this lease Term, except as heroin otherwise expressly provided. Should Landlord be W
able to glee pessesalom h sold date, Tenanl's only damages shall be a rebating of the pro rata 1111101-
4. USE OF FORMISIS, Tenant covenants and agrees during the term of this lease to use and to occupy the ledsed promises only for
For restrictions on such use, ma paragraphs 6(c). 6 (d) and I I (b) below.
s. 1jUlET ENJOYMENT. Landlord covenants that its estate in said premises i,
and that the Tenant on paying the rent herein resolved and performing all the agreements by the Tenant to be performed as provided
in this lease, shell and may peaceably have, hold and anloy the demised promises for the term of this lee to free from molestation, eviction
or dirturbanu by the Landlord or any other persons or legal entity whatsoever. (But $ea paragraph 14, below,)
Landlord, shall have the right 10 mortgage all of Its fight, title, interest In old premises at any time without nonce, subject to this lease,
6. CARE AND MAINTENANCE OF PREMISES. le) Tesaat fakes sold promises In their present condition except for such
repeln and allerations as may be e,prassly herein provided.
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(b) LANDLORD'S DUTY OF CARE" D MAINTENANCE. Landlord will keep the roof• slrudural part of the floor, wens and other strut
lural parts of the building in good rep,
(c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of raid promises and until the termination
of this lease and the actual removal from the premises. at its own expense, care for and maintain said premises in a reasonably safe and service
able condition, except for structural parts of Iha building. Tenant will furnish its own interior end exterior decorating. Tenant will not permit or
allow said promises to be damaged or depreciated in value by any act or no
of the Tenant, its agents or employees. Without limiting
the generality of the foregoing. TON aat will make necessary repairs to the sewer, the plssnbleq, the wafer pipes and electrical
wlrlq, a.cept as follows:
and Tenant agrees to leap faucets closed so as to prevent waste of water And flooding of premises; to promptly late care of any leafage or
stoppage in any of the water, gas or waste pipes. The Tenant agrees to malnfaln adequate beef to pnvesf fseeslog of pipes, N and
only N fke other terms of this lease fie responsibility for heaflog upon the Tenant. Tenant at its own expense may install floor cover.
Ing end will maintain such floor covering in good condition. Tenant will be responsible for the plate glass In the windows of the
leaved premises and for maintaining the parking area, driveways and sidewalks on and abnHing the feared premises, 11 the
ease
leano sfnetewlsalte afioesfhe ground floor. and If the oter or Improvements wllhout the wh lllenrmis of approval
s land
of thesLandlde ord first hadbee so d cadl obtained, ofTomcat sthel plans
make
and specifications therefor.
(d) Tenant will main no unlawful use of said premises and agrees to comply with all valid regulations ro the Board of Health, City ed so
nances or applicable mun'ic'ipality, the law, of the State of Iowa and the Federal government, but this provision shell not be construed es
creating any duty by Tenant to members of the general public. If Tenant, by the firms of this lease is leasing pismires on the ground
floor. it will not a(Igry trash of any kind to accumulate on said premises in the halls. If any. or the alley or yard In front. tide or rear IhereeF,
1 The Tenant will not be responsible for snow removal.
r
7. (a) DTILITILS AND SERVICES. Tenenf, during the term of his leets, shell pay, before delinquency, all charges for use of to e•
phone. water, sewer, gas, hens, (if healing is Tenant's responsibility), electricity. power, air conditioning (if air conditioning is the Tenant's
re,ponsfbility), garbage disposal, trash disposal and not limited by the foregoing all other utilities and services of whatever find and nature
which may be used in or upon the demised promises.
Payment for electricity used by the Tenant will be made July 1 to the Landlord for the
previous ten month period.
flpl or Te and maintenance Thereof of
(b) AIR CONDITIONING equipment shall be furnished at the expense of )Landlord or Tenant)
the expense of
)Landlord or Tenant) neither _
(c) JANITOR SERVICE shall be furnished of the expanse of )Landlord or Tenant)
(d) HEATING shall be furnished at the expense of I andlord with Tenant responsible only for natural
gas expense of heating. (Landlord or Tenant)
8. (a) SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenant agreos that upon the termination of this
lease, it will surrender, yield up and deliver the leased premises in good and clean condition --coot the affects of ordinary SEE st and fear
ank OW.
depreciation arising from lapse of time, or damage without fault or liability of Tenant.
(b) Tenant may, of the wpirallon of the farm of this lease, or (@newel or renewals thereof or at a reasonable time thereafter
T, If Tenant is
not in default horounder, romova any fiduras or equipment which said Tenant has installed in the loosed premises, providing
soldany and all damages caused by removal.
(c) HOLDING OYER. Continued possession, beyond the expiratory data of the form of this lease, by the Tenant, coupled with the
receipt of the specified rental by the Landlord (end absent a written agreement by both parties far an extension of this lease, or for a new
lease) shell consWule a month In month o.lansion of this lease.
9. ASSIGNMENT AND SUILETTING. Any assignment e1 this tease or subletting of Ma promises or any part thereof, with -
est the Landlord's written permission shall, at the option of the Loodlord, make the natal for the balance of the lease farm
dee and payable at once. Such wrifion permission shell not be unreasonably withheld.
t0. (a) ALL REAL ESTATE TAXES, aaopf as may be otherwise o.prosdy provided in this paragraph 10, levied or assessed by few.
ful authority (but reasonably preserving L1 1 d', d', rights of appeal) against said real property shalt be finely paid by the parties in
the following proportions: by Landlord _0—% t by Tenant —1/6-
(b) Increase in such lases, except at in the nod paragraph provided, above the amount paid during the base year of
(base year if and at may be dented in this paragraph) shell be paid by Landlord, .0_%; by Tenant %-
(c) Increato in such taxes caused by Improvements of Tenant shell be paid by Landlord _10-0/.: %; by Tenant %-
(d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all tames, assessments or other public charges levied or etsettad by
lawful authority (but reasonably preserving Tenant's right, of appeal) against its personal property on the premises• during the term of this
loose.
1e1 SPECIAL ASSESSMENTS. Special assossmonts shell be limoly paid by the parties in the following proportions: by the Landlord
by the Tenant %.
See paragraph #27
11. INSURANCE. (a) Landlord and Tenant will anch keep its respective property ,mere. , ... I— r•- -- '- '-- - - (Eft alfy dov
1T31trs red the ersonal property on the promises, reasonably insured against hazards and casualties: chef is. {see end those iln
&red by a, coverage; and Tenant will procure and doliver to the Landlord a cerlificelion from the rotpet4ive ce sharecompof
to
Ihnl oF(ecl. Such , A shall be matin payable to the partial hereto as their interests may appear' uce a Tmenl's share of wch
insurance proceeds ere here no and made payable to the Landlord to secure rent or other ,ant then due end owing Landlord
by Tenant. f See also 11(a) below
(b) Tenant will not do or omit the dcing o I which would vitiate "e Tananl nu eon (which the to tLendlerd nce ay law force
terms of
reel estate improvements am the promises or upon any pox +rope p
this lease, has or %hall have a lion.
1c1 Subrogation rights are not to be unless a special pro a attached to this lease.
(d) Tenant further agrees to c dr' recommendations of Iowa Insurance Service Bur d to be liable for and to promptly pay, as if
current rnnlal, any incree% ' surnnce rntm on sA,d promt:es And on the building of which said pr ere a pert, due to increased rids
or Im?,rd+ rmultin ennnt's wu of Iha premiss o'harolm than es herein contemplated and agreed.
RANGE PROCEEDS. Landlord shell wllia end adjust any claim against any insurance company under , polidet o{
r_..L- . mi,A.. And cAid ineuranen monfo% shall be paid to and held . the Landlord to be used in payment for costo or
It) /5V4
rr
MICROFILMED BY
tai.JORM MICROLAB i
CEDAR RAPIDS -DES MOINES r
J
II aajjy{aria:alr�mu:c+c.:lc�:.,rsmo.-cc..war,:�.-.ur..�.�•,.-•^---.ar.:a::
la. INDEMNITY AND LIABILITY INSURANCE. beset as to any nagligenco of Ihn Landlord, arising out of roof and strucl
pens building, Tenant will preset}, indemnify end levo harmless fho Landlord from end against any and
all loss, costs,
axpemos occas, b , or arising out of, any accident or other occurranee causing or inflicting injury end/or dme any a end
e
propody, happening or in, upon ser about fho leased promises, or duo directly or indiraclly fo fha tenant y person or
r occupancy
any pert thereof by Iho Tanen person claiming through or under the Tenenl. Tho Tenenf f ara
covasent% and agrees tlat ft
will el its awnexpensa procure end 'sin casualty and lie6;lily insurance in a res o '
P company or companies aulhorixed to
do business in the Stele a( Iowa, in amounts not n f100,000
for any one person injured, and
5500,000 for any orro ace;de the limits of f35,00D
arty damage, protecting the Landlord against such oma es, toffs for prop-
er to any property belonging to any parson or s, by reason of cath casuell , eCnfas on account of injury to any person or persons.
Y or 0 o happening on or about the demised
premises during the term there Ificates or copies of sold policies, naming the Landlord, an Ing for fifteen 1151
ogee to the Landlord before cancellation shell be delivered to the Landlord within twenty
ays from the data of the beginning of the farm of this Ionto. As to insurance of the Landlord for roof and strut ulta.
_e0 paragepli llje) above,
13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES, (a) In the most of a partial destruction or damage of the
leased promises, v:hich is a business ;nlerforenco, that is, which prevents the conducting of a normal business oporat;on and which damage ;s
reasonably repairable within silly 160) days after its occurrence. this lasso shall not lorm;nato but the rent for the leased premises shall abate
during Ike time of such business interference. In the event of partial destruction, Landlord shall repair such damages wlthln 60
days of Its oceerreace unless prevented from so doing by eels of God, the elements, the public enemy.
strikes, riots, insunaclion, gov-mmenf regulations, city ordinances, labor, malarial ser transportation shortages, or other causes beyond Land.
lord's reasonable control.
(b) ZONING. Should the coning ordinanco of the city or municipality in which this property is located male if ;mposs;blo for Landlord,
using diligent and limply effort to obtain necessary permits and to repair and/or rob.;Id so that Tenant is not able to conduct its business
on those promises. ZONING.:
such partial destruction shell be treated as a total destruction as in the next paragraph provided.
TAL
he event of a
Ing area (if e Parking DESTRUCTIONarea
riaPart of
BUSINESS subject mattter sof this lease) soathatcl;on or Tenant is not damage
lot conduct itsebusinsess on the promises or
the then current leggal use for which the premises are being used and which damages cannot be repaired within sixty (60J
days this Ieasix may be larminsted of the option of either the Landlord or Tenant. Such termination in such event shell be effected by written
nolico of one early to the other, within twenty )PO) days after such dosirucfion. Tenant shell surrender possession within
len I10) days afiar such notice issues, and each party shell be role* sod from all fufu10 Oblige lions her ounder, faces
paying rental pro rate only to the date of such destruction. In the event of such termination of this lease. Landlord at its option, may rebuild
or not, according to its own wishes and needs.
taken4. by a CONDEMNATION.
EMNATpetent ON(a) DISPOSITION OF AWARDS. Should ilia whole at any part of the dem;sed promises be condemned or
en• award authority y public or quasi -public use or purpose, ouch party shell be entitled to retain, as its own properly,
y payable to if. Or in the event that a single entire award is meds on account of Iho condemnelion, each party will Then 60 rt
titled to lake such proportion of said award as may be fair and reasonable.
Ib) DATE OF LEASE TERMINATION. If the whole of the domised promises shell be so condemned or taken, the Landlord shell not be
liable to the Tenant except and as its rights are preserved as in paragraph If(e) above,
IS. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF
DEFAULTS. This testa shell terminate upon orpiralics of the demised farm; or if this lease expressly and in writing provides for any option
cr options, and if any such option is exe,cisod 6y the Tenant. then this lease will terminate el the expiration of the option term or terms.
Upon
his lasoamlt in ay at the option ayment of rental
the Landlordupon
be cancelled and other default
forfeited, PROVIDED. HOWEVER, before, any such r ovisions of cencellmionlhandlefor.
fo;tura e except as provided in IS(b1 below, Landlord shall give Tenant a wr;tfen notice specifying the default, or defaults, and staling that
this Icaso will he cancelled and forfeited fon10
( ) days safer the ggiving of such notice, unless such default, or lie fang are
(andfornedied within such grace pother. Lana paragraph ce below,) ser an ph 21, bel optional procedure or as an allernalivo to Ilio foregoing
Land neither exclusive of the other) Landlord may proceed as in paragraph 41, below, provided.
(b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant ;s adjudicated a bankrupt or in the event of a judicial sale or
other transfer of Tenant's leasehold interest by reason of tiny bankruptcy or insolvency proceedings or by other operation of law, but not by
death, and such bentruplcy, judicial sale or transfer has not been vocaled or sat aside within len 110) days from the giving of notice thereof
by Landlord to Tartan 6 Ihon and in any such events, Landlord may, of its option, immediately farminnlo this Ic6te, re enter said premises,
upon giving of fon (101 days' written notice by Landlord to Tenant.
(u1 In (e) and 16) above, waiver as to any default shall not constitute a waiver of any subsequent default or defaults.
(d) Acceptance of lays, advertising and to-ronling by the Landlord upon the Tenant's default shell be construed only as an offer[ to mill.
gala damages by the Landlord, and not as an agreement to terminate this lease.
16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shell be made by eitherparty in he
performonce of. or compliance with, any of the terms, covenants or conditions of this lease, and such default shall I16Ve continued for thirty
(30) days after written notice thereof from one party to the other. Ilia person aggrieved. in addition to all other romedies now or hereafter
provided by law, may, but need not, perform such farm, covenant or condition, or make good such default and any amount advanced shall
be repaid forthwith on demand, together with interest of the rale of 9__% per annum, from dela of advance.
17, SIGNS. (a) Tenant hall have the right and privilego of attach;ng, affixing, painting or exhibiting signs on Iho leased promises,
provided only 11) that any and all signs shell comply with the ordinances of the city or municipality in which the propody is lowtad end the
laws of its Slate of Iowa; (3) such signs shall not change the structure of the building; (3) such signs iI end when fake down shell not
damage the building; and (4) such signs shall be subject to the wr;ften approval of the Landlord, which approval shell not be unreasonably
withheld.
16) Landlord during the last ninety 1901 days of this lasso, or oxlension, shell have the right to maintain in Ilia windows or cn the build.
;ng or on the pramisos promseither es both a "For Ran[" or "For cele' sign and Tenant will permit, at such time, protPocl;ve fananls or buyers to
enter tall oxemine the promises.
18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or undo, the Tenant, fall have the right to NO or
Place any mechanic's lien or other lion of any kind o, character whatsoever, upon sold Promises or uponcisy building or ;mprovornanl theta.
on, or upon the leasehold interest of the Tenant (herein, and nolico is hereby given the no contractor, allconlracfor, or anyone also who
may furnish any malarial, service or labor for any building, improvements. alteration, repairs or any pert thereof, shell at any lime be or bocomr
entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof ;r
advance, 10 any and all contractors and tub -contractors who may furnish or agree to furnish any such materiel, service or labor.
19. LANDLORD'S LIEN AND SECURITY INTEREST. (e) Said Landlord shall Leve, in addilion to the lien given by law, a socurRy
interest as provided by the Uniform Commercial Code of Iowa, upon 611 Partcnal propody and all substitutions therefor, lop, and .,ad an
said premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lasso for Ilia recovery of runt,
or for termination of this 10060 because of Tenant's default in its performance.
(61 SPOUSE. If spouse ;t not a Tenant:
then the exeeufion of this instrument by the spouso stall be for Ilio sole purPo:a of reeling a
security intotesl on personal property and waiving rights of homestead, rights of dislribufivn share, and mempflom.
70, SUBSTITUTION OF E9UIPMENT. MERCHANDISE, ETC. (e) The Tenant shall have Ilio right, from time to l
of Ibis lease, or renewal thereof, to sell or otherwise dhpose of any parsonal properly of Ilia Tentime, during Ilio [arm
enl right- on the ontidamned pramisos.
when in the judgment of the Tenant it shall have became obsolete. outworn or unnecessary ;n connecfion withthe aperelion of fho business
on said promises, provided, however, that the Tenant shell, in such instance (unloss no substituted article or item ;s necottary) at ;Is own
exponso, substdulo for such ;lams of personal properly so told or otherwise disposed of, a now or other item in substitution Ihureo(, in like
or greeter value and adapted to the affixed operation of the business upon the demised premises,
(b) Nofh;ng heroin conla;nod shell be construed as danymg to Tenant Iho right to dispmo of ;nvnnto,iod momhandiw in Ito, nrdin
Course of the Tenant's trade or business.
AVG
MICROFILMED BY I
JORM MICROLAB y
CEDAR RAPIDS -DES. -MOINES r
1
I t l
. 21. RIGHTS CUMULATIVE. The ^us rights, powers, options, elections and romudim �ilhcr Petty. provided in this lots.. shall
be construed es cumulative and no one of n es exclusive of the others, or e.clusive of any , remedies or priorities Allowed either
party by law, and thall in no way effect or impair the right of oither party to pursue any other equ,...m or legal remedy to which either part/
may be entitled at long as any default remains in any way unremedied. unsatisfied or undischarged.
22. NOTICES AND DEMANDS. Notices as provided for In this lease shall be given to the respective parties hereto of
fit* respecflve addresses designated on pogo one of this fees. unless either party notifies the nthtr, in sari Linn. of a dlff.rent address. With
out prejudice to any other method of notifying a party in wriling or making a demand or other communication. such mnssnge shell bo
considerod given under the forms of this lease when sent, addressed as above designated, pmlago prepnid, by registered w codified mail,
return receipt requested, by the United State mail and so deposited in a United States mail be,.
23. PROVISIONS TO RIND AND BENEFIT SUCCESSORS. ASSIGNS, ETC. Each and every covenant and agreement herein can.
Weed shell extend to and be binding upon the respective succenors, heirs, administrators, executors and assigns of the parfics hereto; mcepl
that if any pad of this lease is held in joint tenancy, the successor in interest shall be the surviving jnint tenant.
24. CHANGES TO IE IN WRITING, Nona of the covenants, provisions, terms or conditions of !his lease to be Joint or performed
by Landlord or Tenant shell be in any manner modified, waived or abandoned, except by a wrillon instrument duly signed by the p+diet
„red delivered to The Landlord and Tenant. This lease contains the whole agreement of the parties.
25. RELEASE OF DOWER. Spouse of Landlord, appears at a party signatory to this loose solely for the purpose of releasing dower, or
distributive share, unlett said spouse is also a co-owner of an interest in the loosed premises.
20. CONSTRUCTION, Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural
number, and as masculine. feminine or neuter gender according 10 the conlexf.
22. The Landlord agrees to assume liability for any and all losses, costs, damages
and expenses occasioned by or arising out of, any accident or other occurrence causing
or inflicting injury and/or damage to any person or property, happening or done, in,
upon, or about the leased primises, except that Landlord shall have no liability for
any loss, costs, damages ore -expenses to Tenant or its employees or to Tenant's or its
employees' property incurred by Tenant or its employees in, upon, or about the leased
premises when such losses, costs, damages and expenses are directly caused by the
negligency of the Tenant or its employees and the Tenant shall further hold the Landlord
harmless for any loss of Tenant's or its employees' property in the event of fire,
theft, malicious mischief or vandalism.
IN WITHNESS WHEREOF, the parties hereto have duly executed this lease in duplicate
the ay anddean—first ab written.
ZYtll C) 1JfC VY 1 ' C_
DAVID E RET, MAYUR PRO TEM L NDLORD
INDIVIDUAL r
Iowa iMR AN K. KARR, CITY CLERK FREEMONT IS ACS, MANAGER
•�• STATE OF SS, TENANT
COUNTY OF Johnson �a2
•au On this F9,11f, day of a_19_.�, before me, the undersigned, a Notary Public in and for said County and
xxx,'as State, personally appeared
navi' Pprrpt and Marian Varr
r
to me personally known to be the identical persons nomad in and who executed the within and foregoing instrument, and
acknowledged that they executed the same at their voluntary act and dead. �� 9 `
(SEAL) ?i . �T /i 9i r
Notary Public' n and for said County and Stele
CORPORATION.
COUNTY OF�}BI1 }SS.
On this J A. D. 19 before mo, the undersigned a Notary Public in
and for said County end Stale, personally ep d David P
erret
to me. personally know being by me du i toy that they are the Mayor Pro tem
.«.
and respoclively, of said corporation executing the
within and foregoing instrument, that no reel het bee ured by In ' corporation; that said instrument s signed (end tooled) on
(tie seal :sol
' .role is the seal of said)
«t.«r Parrot and _Marian
we. se behalf of said corporation by eulhoi ,Is Board of Directors: end leaf the raid
Karr as w TIC eeknowI.dg'd the execution of said instrument 10 be the ntary eel end stood of said <nrpereHen
by it and by Iha nlerily executed.
Notary Public in
I
FIDUCIARY
STATE OF SS.
COUNTY
COUNTY OF 111111
On this day of A. D. 19_. before me, the undersigned, a Notary Public in
and for said County in told Stale. personally appeared es bocclor of the Estate of
Deceased. to me known to be the identical person named in and who executed the
foregoing instrument and acinowledged 681—he execufod the same at the voluntary act and deed of himself and of such fiduciary,
(SEAL(
Notary Public 1n and for said County and State
PARTNER
STATE OF ySS.
COUNTY OF J
On this day of A, D. 19_, before me, the undersigned, A Notary Public in
and for said County and State personally appeared end
to me personally known, who, being by me duly sworn, did toy the, he is they ere( members) of the Partnership
aaculing the within and foregoing instrument and acknowledged that (he)
llhev) executed the same at the voluntary act and dead of said co-parinarlt) by (him) (them) and by acid padnanhip voluntarily executed,
_,_,•, Notary Public in and for said County and Stale
For acknowledgment as a corporate fiduciary
see obverse side of Court Officer Deed
(Official Form No. 101).
Rtlteelved A ApprevM
�Y (� legal ep rtment
(4) �/ r/" 972 , Z-3
MICROFILMED BY
Of JORM MICROLAB
CEDAR RAPIDS•DES.�MOINES- r
Y
F
j1 J
r•
V
,
I
SOLUTION NO. 83-252
RESOLUTION AWARDING CONTRACT FOR THE SERVICE OF TOWING
AND STORAGE OF IMPOUNDED VEHICLES TO HOLIDAY WRECKER
SERVICE.
WHEREAS, Holiday Wrecker Service has submitted the best proposal for a two
year towing contract; and
WHEREAS, it is in the public interest that the City of Iowa City, Iowa,
(hereinafter the City), enter into a contract with Holiday Wrecker Service
for towing service, a copy of which is attached to this resolution, to be
effective as of August 3, 1983.
NOW, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the City hereby accept Holiday Wrecker Service's proposal
for towing service.
2. That the Mayor is authorized to sign and the City Clerk to attest
the attached contract on behalf of the City.
It was moved by Lunch and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
X-- Dickson j
--3F- Erdahl
_ Lynch
�- McDonald j
x Neuhauser
x Perret
i
Passed and approved this 2nd day of August 1983.
DAVID FERRET, MAYOR PRO T M
i
.2&,U d - �
MARIAN K. KARR, CITY CLERK
RWIVO1 Z Approved i
0y T a L�6aI "a "fi'o"t
! MICROFILMED BY
t' ;DORM MICROLAB j 1
;.CEDAR RAPIDS•DES.'MOINES ' r
I ■
AGREEMENT
This Agreement, made and entered into this 2nd day of August ,
1983 , by and between , a corporation authorized to CO
business in the State of Iowa, hereinafter called "Agent," and the City of Iowa
City, a municipal corporation, hereinafter called the "City".
SCOPE OF SERVICES
a. ynlilav Wrack r`_ is hereby designated as the Agent of the City for
the towing and storage of vehicles impounded pursuant to Section 23-21
of the Code of Ordinances of Iowa City, Iowa, the disposition of
abandoned vehicles pursuant to Section 321.89 of the Code of Iowa;
together with other such towing as may be designated by the City.
b. Equipment: The Agent must be adequately equipped to comply safely and
satisfactorily with the towing requirements covered by this
Agreement. The Agent hereby agrees to maintain and provide at all
tines a sufficient number of equipped towing trucks including two (2)
wreckers with a minimum TVM rating of 10,000. In addition, the Agent
must agree to provide the services for towing vehicles requiring
additional equipment (by ownership or contract) other than specified
above. During declared snow emergencies, the Agent must have at least
two (2) fully operable tow trucks available, which trucks are of
sufficient capacity to handle unusual towing occasioned by the
situation, as needed. The vehicles will be sufficiently staffed by
qualified personnel at all times so that the City's towing needs can
be adequately served. All vehicles are subject to City approval prior
to award of this bid.
The agent further guarantees that sufficient operable towing vehicles
and personnel will be available to adequately service the special
towing needs of the City occasioned by special events requiring
towing, including but not limited to declared emergencies or
construction projects, as advised by the Police Department, the City
Manager's Office or a ranking City Official.
C. Storage Facilities. The Agent hereby agrees to maintain a facility,
Sit
the Iowa City/CoralviIle area, reasonably secured short term
and long term storage of 100 vehicles. Any outdoor secured area will
have a fence not less than six (6) feet high, with the top having
angled braces with no less than three barbed wire. The fence will be
of chain links and the entrance will be chain locked at all times not
occupied. All storage facilities are subject to Police Department
approval prior to award of this bid. Requirements of fencing shall be
fulfilled before the award of the bid. The Agent agrees that all
impounded vehicles shall be stored in the above-described storage
facilities. Special storage requirements necessitated by special
events including but not limited to declared emergencies or
construction projects, require the prior approval of the Police
Department, the City Manager's office or a ranking City official.
1 �1
MICROFILMED 9Y l
+' '.JORM MICRO_ LAB
CEDAR RAPIDS•DES. MOINES 1r
1
J
W
MUM
,-"1
d. Response Time. The Agent hereby agrees to have a wrecker at the
destination requested within twenty minutes from the time that the
towing firm receives a call during the day (6 A.M. to 6 P.M.), and
within twenty (20) minutes at night (6 P.M. to 6 A.M.). If service is
not provided within the specified time, the City reserves the right to
make other arrangements. This agreement shall be voidable upon
written notice to the Agent if the Agent repeatedly fails._to
wrecker services specified herein. _furnish
e. Hours of Operation. The Agent hereby agrees to provide continual
towing service, commonly referred to as 24-hour service. The firm
will also provide restricted access to all stored or impounded
vehicles on a 24-hour basis, which access shall be by way of
authorization prescribed in writing by the City. Said access will be
provided to City personnel and persons having a lawful reason for
requesting access to vehicles.
f. The Agent agrees to release the vehicle to its owner upon
authorization from the City and the payment of towing and storage
costs by the owner. At time of release, the Agent shall provide the
owner with a receipt itemizing towing and storage costs. All
discrepancies and settlements are the responsibility of the owner and
the Agent.
9• The Agent agrees to expeditiously handle all procedures for the
Iowa disposal of abandoned automobiles pursuant to Section 321.89, Code of
Administrative tiveCode, if the with ereg s2eed� owner( ails to respond�towa
olthe
initial notice referred to as the ten day letter. This procedure 1
shall include all filing of reports with the State of Iowa as well as
prompt auctioning of any vehicle involved.
h. The Agent agrees to keep an accurate record of all vehicles received
Will determine the and disposed of under the terms of this Agreement. The Police Chief
sufficiency
e of
ocedures. A
monthly report shall besentto the Police ece Ch efhe infirst day of each
month listing each car which was impounded and its disposition during
the previous month. In addition, the Police Department may inspect
all records relating to the impounded vehicles upon request.
I. The Agent agrees that operators• employed by them will treat all
patrons in a courteous and professional manner and obey all traffic
laws and rules of the road, including speed limits. Repeated or
substantiated violations of the above will be cause for the review and
Possible rescission of the Agreement.
II. RESPONSIBILITY OF CITY
a. At the time of impoundment, the City will provide an inventory of
personal property in the vehicle at the time and place of impoundment.
b. The City will notify, within ten (10) days by certified mail, the last
known ,registered owner or known lienholders at their last known
address, that the abandoned vehicle has been taken into custody.
.,.T——
MICROFILMED BY I
±h' '.JORM MICROLAB i
CEDAR RAPIDS•DES. MOINES
_ J11
C. If the identify of the last registered owner cannot be determined or
if the registration contains no address for the owner, the City shall
provide notice by publication.
III. COMPENSATION
a. In the case of vehicles towed from public highways, the City agrees to
reimburse the Agent for its actual expenses of towing and storage of
vehicles, not to exceed $25 per vehicle for towing and not to exceed
$2.00 per day for a maximum of 45 days for storage per vehicle. In
addition, the Agent shall be reimbursed for the actual cost of
auctioning the vehicle, not to exceed 10 per cent of the sale price of
the vehicle or $10 per vehicle, whichever is less. Actual expenses
shall not include costs paid by any reclaiming owner.
b. In the case of vehicles towed from private property, the Agent agrees
that reimbursement shall be limited to the towing and storage fees
paid by the owners of the vehicles or the proceeds from disposition of
abandoned vehicles in accordance with the procedures of Section
321.89, Code of Iowa.
C. The Agent shall provide the City with a rate sheet, suitable for
posting, listing all current rates or fees for services. to be '
provided, plus method of payment. Said rate sheets must be
prominently posted in the Iowa City Police Department, the Iowa City
Traffic Division, and in the Office of the Agent herein. Schedule of
fees (for authorized towing) must be approved by the City Manager
prior to posting, and must be readily apparent and visible to the
general public. Any fee or change of charges may be made only on the
anniversary date of each year.
d. In the event the Agent responds to a request from the Ctiy to tow a
vehicle and upon arriving at the location of the vehicle a tow is not
necessary, the Agent may charge the owner/operator of said vehicle a
"show -up" fee as listed on all current rate sheets.
IV. INSURANCE
The Agent agrees to maintain in full force and -effect a comprehensive
liability insurance policy executed by a company authorized to do insurance
business in the State of Iowa and naming the City as co-insured. The
minimum limits of such policy shall be as follows:
$100,000 - Property Damage
$300,000 - Personal Injury
$1 million - Per Incident
A copy of the policy shall be filed with the City Clerk. The City must be
notified 30 days prior to the termination of this coverage. Failure to
maintain insurance coverage automatically terminates this Agreement.
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CEDAR RAPIDS•DES. MOINES
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V. LIABILITY AND INDEMNIFICATION
The Agent agrees to indemnify, defend and save harmless the City, its
agents, officers and employees from any and all claims, damages and losses
for physical damage to any and all property and physical injury to any and
all persons in addition to any and all consequential and other damages
resulting from the towing, storage, or impoundment of any vehicle covered
by this Agreement.
The Agent assumes responsibility for the vehicle from the time of initial
contact.
It is understood by the parties that the Agent assumes responsibility for
personal property in the vhicles at the time of impoundment and described
on the inventory list and that said responsibility shall continue until the
authorized release of the impounded vehicle.
VI. EQUAL EMPLOYMENT OPPORTUNITY
The Agent agrees not to commit the following practices:
a. To discharge from employment or refuse to hire any individual because
of their race, color, religion, national origin, sex, age, martial
status, sexual orientation or disability.
b. To discriminate against any individual in terms, conditions, or
privileges of employment because of their race, color, religion,
national origin, sex, age, martial status, sexual orientation or
disability.
C. To discriminate against any individual in delivery or service because
of race, color, religion, national origin, sex, age, marital status,
sexual orientation or disability.
VII. ASSIGNMENT
This Agreement shall be binding upon the successors and assigns of the
parties hereto; provided, however, that no assignment shall be made without
the written consent of the parties to this agreement.
VIII. DURATION
This agreement shall cover a two (2) year period commencing upon the
signing of the .parties and shall terminate on . However,
this agreement may be terminated by either par y upon 60 day written
notification.
IX. TERMINATION OF AGREEMENT
Termination of this Agreement does not release the Agent from the
responsibility of proper disposal of vehicles located at the storage
facility according to Section 321.89, of the Code of Iowa.
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X. COMPLIANCE
The Agent shall comply with all applicable Municipal Ordinances and State
Statutes.
The Agent shall comply with all terms and stipulations of the Agreement and
certifies that all information provided is complete and accurate. The
undersigned do hereby state that there are no oral agreements that have not
been reduced in writing to this Agreement.
The Agent shall provide with this bid a current copy of the "Truck Operator
Freight Tariff Naming Local Commodity Rates for Wrecker Service Between
Points in Iowa" filed with the Iowa Department of Transportation.
CITY OF OWA CITYi )
BY: I BY:
iDAVID PERRET, MAYOR PRO TEM J
ATTEST: 7f as ATTEST: J L4L
R4RIAY KARR, CITU' CLERK !
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`JORM MICROLAB
'.CEDAR RAP) DS•DES. MOINES
Received & Approved
Cy Legal Depawnenf
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CITY OF IOWA CITY
TOWING SERVICE AGREEMENT
FEE SCHEDULE
VEHICLE TOWS FOR IOWA CITY/CORALVILLE AREA:
*Non -Accident -----------PRICE PER VEHICLE ----------
**Accident Inside Limits Outside Limits
*Non-Acc. **Acc. *Non-Acc. **Acc.
STANDARD TOWS:
Passenger Car 30.00 30.00 30.00 30.00
Truck (1 Ton or Less) 0 0.00 30.00 30.00
USE OF C�JDLE SNATCHER c.e. /16/83
UPON REQUEST: (Rates listed below for heavy duty may differ if vehiclle is a
loaded tractor and trailer)
Truck (Over 1 Tont 60.00 60.00 60.00 60.00
Transit Bus 60.00 60.00 60.00 60.00
Cargo Trailer *w 55.00 55.00 55.00 55.00
Motorcycle/Motorscooter 30.00 30.00 10.0n gn.nn
CHARGE FOR 'SHOD! -UP' - responding to a request from the City to tow a vehicle and upon
arriving at the location of the vehicle a tow is not necessary.
PRICE PER VEHICLE 20.00
i
CHARGES FOR EXTRAORDINARY SERVICES - All additional charges, including labor rates,
allowed under this contract must be included.
Item Description Price Per Vehicle
Winching from snowbank/parking stall 10.00
Winching i.e., from a field/ditch 10.00
Disconnect transmission linkage 5.00
Roll Overs 5.00
Dollies 10.00
Flatbeds 15.00
Other: All labor rates are spelled out in (Truck Operator I
Freight Tariff Which is enclosed)
CORPORATION NAME: Holiday Wrecker Service,i MERS: Jere A. Wissink
BUSINESS ADDRESS: 211 -10th St.E.ast Coralville
j REGULAR BUSINESS HOURS:Office B-5 daily BUSINESS PHONE:'5-9ogi
WRECKER DISPATCH PHONE N: 351-9091
AUTHORIZED SIGNATURE:
DATE: July 25,1983
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July 25, 1983
Catharine W. Eisenhofer
Purchasing Agent
Holiday Wrecker Service, Inc., is located at 211 -10th Street East in
Coralville Industrial Park. We have been in the towing business for over
14 years. This being our only business we strive to be professional in it.
Holiday offers every service possible in the towing industry. Our
to none, including small and large units. Over the years
equipment is second
ice and equipment. We currently provide
we have built our reputation on sery
e City of Coralville, the Johnson County
service for the Iowa State Patrol, th
Sheriff's Department, and many others. Holiday can handle any situation
with its experienced personnel.
Our equipment includes 7 shall wreckers and 3 large units. We also i
have a semi tractor, trailer units and roll'baclaflatbeds. If a crane is
needed, Holiday owns 4 hydraulic units; 35 ton down to a 15 ton unit.
Holiday is a member in good standing with the TRAA ( Towing & Recovery
Association of America) and the TRPI ( Towing & Recovery Professionals of
i
Iowa) of which I am president.
In regard to response time; if everyone is supposed to be safety conscious,
response time should be 20 minutes day and night.
Holiday operates on a 24 hour basis. We release
Tn¢eh�lic�eos oOncYo between
AQ- f� �
8:00 AM and 5:00 FM daily for safetyreasons.
Mileage from the Civic Center is 2,8 miles or .7 of a mile from the
city limits. At this location we have adequate storage,
if ,you have any further questions, please contact me,
Jere A. Wissinlc
�niiaay Wrecker crane n
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NAM[ AND ADDRESS OF AGENCY
=it all r T
Welt-Ambrisco Insurance,
COMPANIES AFFORDING COVERAGES
Inc.
P.O. Box 2180
COMPANY A
LInIR
Iowa City, Iowa 52244
al - , ,
�Ci t
COMPANY
ICTiIR
WANT AND ApDRL55 a INSUH[D
Holiday Flrecker, Inc•
COMPANY C
EI ER
Holiday. Crane Services, Inc.
`
L
211 - 10th St. E.
comp,, Y D
Coralville, Iowa 52241
ETE
COMPANY C
L[TTER L
This is tocif that pa,clmumentjCis listed below have been issued to the insured named above and arem for al this time. Noiwithstandingany regmromen[.Icon
Of eny contact s other document with aspect to which This ceniliate may be issued or may
terms, ex Fusions and conditions
of such Policies.
or wndnion
pertain, the insurance afforded by the Polities tlescribed herein t. subject to ell the
OM.PANY
LETTER TYPE OF INSURANCE POLICY NUMBER POLICY Limits Labilt IFThousan S
GENERAL LIABILITY
EXPIRATION DATE EACH
OCCURRENCE AGGREGATE
A O COMPREHENSIVE FORM AD16351460
BOUIlYIN1UflY S
❑ PRCMIS ES—OPERATIONS
I
11/17/83
EXPLOSION AND COLLAPSE
HAZARD
❑
PROPERTYDAMAGE S 3
UNDERGROUND HAZARD
® PBODUCTSOOMPI RCD
OPERATIONS HAZARD
®
CONTRACTUAL INSURANCE
® BROAD FORM PROPERTY
BODILY INJURY AND
DAMAGE
Ih11NOCPINDCNI
PROPERIYOAMAGC I '
COMBINED 500 S 500
CONTRACTORS
®
PERSONAL INJURY
AUTOMOBILE LIABILITY
PERSONAL INJURY S
A® COMPREHENSIVE (BILIN
BODILY INJURY
AK41634140
IEAZH PERSON) I
[®[�OWNED
' KJ AIRED
11/17/83 BODILY INJURY f
(EACH ACCIDENT)
NON OWNED
PROPERTY DAMAGE ,
BODILY INJURY AND
EXCESS LIABILITY
EFFETE RTY DAMAGE I
COMBINED
❑ UMBRELLA FORM
❑ OUTER THAN UMBRELLA
UODILYINJURYANU
FORM
PROPERTYDAMAGC i S
WORK ERS'COMPENSATION
COMBINE[)
A and AKG983378
11A7UfOflY
EMPLOYERS' LIABILITY
11/17/83
OTHER
I O
HMp KCgN FII
A. Garage Ins AK46351460
11/17/83 $1,000,000 CSL
,Escflmlron DF orERATarYsnocATans/vullcus
City of Iowa City - Named as Additional
Insured -(Towing Contract
with the City of Iowa City
Cancellation: Should any of the above described
Policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail ..30_ days written notice to the below
mail such notice shall impose no obligation
named certificate holder, but failure to
or liability of any kind Upon the company.
NAME AND ADDnrSS Or CERTIFICATE 1101 DEH
City of Iowa City
Civic Center
Iowa City, IOIAa 52240
—AT-TN-:—Ka t hV-RisLulhau fo
ACORD Za
um
DATE ISSIIID
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Iowa D.O.T. No. 6
cancels
Iowa D.O.T. No. 5
Jere A. Wissink
Holiday Wrecker Service, Inc.
211 10th St. c.
Coralville, Iowa ,52241
R YYRYRRYRYRYR YYYRI/YYYMYYY
Truck Operator
Freight Tariff No. 68282
Naming
Rates on Commodities
Between.
Points in Iowa
(Where rates are based on mileage, the distance between towns, point of origin
and point of destination will be computed by the speedometer in the carriers
vehicle, also hourly rates will be charged where applicable.)
Date Issued Date Fffective
July 15, 1982 August 15, 1982
Issued by
Jere A. Wisslnk
Holiday Wrecker Service, Inc.
211 10th St. �.
Coralville, lowa 52241
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MICROFILMED BY i
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Holiday Wrecker Service, Inc.
211 10th St. E.
Coralville, Iowa 52241
REI Towing, Hauling Service between points in Iowa
Rules and Regulations
MILEAGE;
Mileage shall be computed by actual distance traveled from point of pick-up
to point of delivery, or futherest turn around point of said vehicle to be
towed. Carriers speedometer will indicate actual miles traveled. Fraction
of a mile will be counted as one full mile. In cases of loaded or more
then one unit towed at once, additional charges will be assessed.
TI13i
accept as otherwise provided, where rates or charges are �Ared nerein per
hour, said rates or charges will apply for hours or quartar Fraction's
thereof, In computing time, minutes will be resolved int(, the nearest
hall hour.
ji "Hook-up time" means time used in preparing said vehicle for towing and will
apply from the time carrier's vehicle arrives at point of pickup, until j
vehicle is ready for towing. Additional charges rwy be assessed for items
removed other than normal preparation. ;.
RETRIEVAL RATESt I
All retrieval rates are based on the liability and difficulty involved,
Any given situation may warrant rates other than regular towing. The above
j Rules and Regulations will also apply.
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CEDAR RAPIDS•DES. MOINES
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Holiday Wrecker Service, Inc.
211 10th St. E.
Coralville, Iowa 52241
REI Towing, Hauling Service between points in Iowa
Rules and Regulations
MILEAGE;
Mileage shall be computed by actual distance traveled from point of pick-up
to point of delivery, or futherest turn around point of said vehicle to be
towed. Carriers speedometer will indicate actual miles traveled. Fraction
of a mile will be counted as one full mile. In cases of loaded or more
then one unit towed at once, additional charges will be assessed.
TI13i
accept as otherwise provided, where rates or charges are �Ared nerein per
hour, said rates or charges will apply for hours or quartar Fraction's
thereof, In computing time, minutes will be resolved int(, the nearest
hall hour.
ji "Hook-up time" means time used in preparing said vehicle for towing and will
apply from the time carrier's vehicle arrives at point of pickup, until j
vehicle is ready for towing. Additional charges rwy be assessed for items
removed other than normal preparation. ;.
RETRIEVAL RATESt I
All retrieval rates are based on the liability and difficulty involved,
Any given situation may warrant rates other than regular towing. The above
j Rules and Regulations will also apply.
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CEDAR RAPIDS•DES. MOINES
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Towing, pulling or hauling service between points within city limits of Iowa
City, and Coralville Iowa.
Transportation Charges Between Points and Places in Iowa,
Rates in dollars and cents per
loaded mile(except as noted on page 2)
DAILY YEIX ENDS v+R
Monday00 AMS Sat.,Sundgr ge
k Holid;'.r
SUBJ7CT8 to 5800 PH :.
to
5800 PM +�
8800 AM
Towing, pulling or hauling service between points
within Iowa City and Coralville, Iowa.
Passenger Carse operator and Unit.
W1 Minimum charges $30.00
.. .I
2 (Cradle Snatcher Unit $40`00)on) (1) $1.60
Trucks, Tractors and Buses (Heavy Duty)
(3) Minimum Chagas $60.00 (6� Unit (3) 31.60
4 $60.00 )
(6� $90.00 (750 UniO M x1.60
Notes (Minimum charge also hourly rate)
All trucks and large towing of any kind (1-2-3.4-5-6)
will be subject to a hook-up charge
Prior to the normal mileage rate.
EACH FXTRA HELPER PER UNIT
$25.00
(2) $1.60
i
(4)41.6o
(6)41.6o
HEAVY WADED TRUCKS where more time is involved in towing an hourly
rate will also be assessed at above rate. (1-2-311_5.6)
FLATBED RENTAL- Hourly rate if at job site where no
milaage is required. Hauling same as small wrecker
with x45.00 loading fee. $45.00 per hr.
40 FOOT FIAT32D & TRAILOR- Include driver. Waiting
time is rated at 355.00 per hour, and transportating
rated at $1.60 per mile. (355.00 per hour) $35.00
$ 1.60 per mile
ACCIMNT WRECw RATES- will be done at an hourly
rate unless conditions warrant otherwise.
Retrieval Rates also will apply if warranted,
iieft Rules and Regulations (Page 2)
MICROFILMED BY
t� ':JORM MICROLAB
CEDAR RAPIDS -DES -MOINES
425.00
345.00
$35.00
$ 1.60 per mile
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RESOLUTION NO. 83-253
RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO AMEND THE
MAXIMUM INCOME GUIDELINES UNDER THE HOUSING REHABILITATION
FORGIVABLE AND LOW INTEREST LOAN PROGRAM.
WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of
Iowa (1981), to formulate a program for utilizing appropriate private and public
resources to eliminate slums and prevent the development or spread of urban
blight and to encourage urban rehabilitation, and
WHEREAS, the City Council has budgeted Community Development Block Grant funds
to engage in a Housing Rehabilitation Program within the designated Neighborhood
Strategy Areas, and
WHEREAS, part of said program involves forgivable and low interest loans as a
method of financing rehabilitation, and
WHEEAS, the and
he
ation
both
theRForgivable �Lo no and 1LowsInterestdLoan Programs ebytResolutionstf
79-577,82-91
and 82-160, and
SINCE, the income limits have recently been updated by the U.S. Department of
Housing and Urban Development for the Section 8 Housing Assistance Program, and
WHEREAS, the City's Housing Rehabilitation programs use these as income limits,
THEREFORE, for the purpose of amending the maximum adjusted gross income for
both programs the Department of Housing and Inspection Services has attached a
copy of the new income guidelines which by this reference is made part of this
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the maximum adjusted gross income guidelines be amended for both the
Forgivable and Low Interest Loan Housing Rehabilitation Programs in accordance
with the attached schedule.
It was moved by Erdahl 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 2nd day of August 1983.
MAYOR pro tom
Received Approved
ATTEST: na J as By 7hho Legal Department
CITY CLERK F�(j- .7 lltfj
MICROFILMED BY
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t!j!JORM MICROLAB
CEDAR RAPIDS•DES. MOINES
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Forgivable
and
Low Interest Loan
Income Limits
CURRENT
PROPOSED
$13,350
$15,250
for
for
a 1
2
person
household
$16,000
for
a
1
$17,150
for
a
person
household
$18,300
for
2
person
household
$19,050
for
a 3
person
household
$20,600
for
a
3
person
household
$20,250
for
a 4
5
person
household
$22,900
for
a
a
4
person
household
$21,450
for
a
6
person
household
$24,300
for
a
5
person
household
$22,600
fora
a
7
person
household
$25,750
for
a
6
person
household
$23,800
for
person
household
$27,150
for
7
person
household
an 8+ person household
$28,600
for
a
person
household
an
8+
person
household
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MICADFILMED BY
�.JORM MICROLAB
,CEDAR RAPIDS•DES, MOINES r
RESOLUTION NO. 83-254
RESOLUT?nN AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO
ELIMINATE THE $3.00 PER MONTH SERVICE CHARGE FROM THE HOUSING
REHABILITATION WEATHERIZATION LOAN PROGRAM.
WHEREAS, the City of Iowa City is empowered pursuant to Chaper 403, Code
of Iowa (1983), to formulate a program for utilizing appropriate private
and public resources to eliminate slums and prevent the development or
spread of urban blight and to encourage urban rehabilitation, and
WHEREAS, the City Council has budgeted Community Development Block Grant
funds to engage in a Housing Rehabilitation Program within the designated
Neighborhood Strategy Areas, and
WHEREAS, part of said program involves low interest loans as a method of
financing rehabilitation, and
WHEREAS, the City Council has approved and authorized the implementation
of Weatherization Loan Programs by Resolutions 79-577, 82-91 and 82-160,
WHEREAS, the total service charge paid on the maximum weatherization loan
Of $1500.00 exceeds the interest rate paid during the loan term and
f
THEREFORE,
themonthly f"debt eservice echarge" of nshould ding hbeWeliminat d� as on Lshown oan Prinrthe
attached copy of the new terms and conditions for a Weatherization Loan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the $3.00 per month service charge be eliminated from the
Weatherization Loan Program in accordance with the attached terms and
conditions.
It was moved by Erdahl and seconded by _Lynch the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Dickson
X Erdahl
t R Lynch
McDonald
X Neuhauser
R Perret
Passed and approved this 2nd day of August 1983.
MAYOR Pro fern
ATTEST: 4)a ) -4� _eaA1L)
CITY CLERK
Ree@ived A Approved
By pejLegal Dea M
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8. TERMS AND CONDITIONS: FOR A WEATHERIZATION LOAN
a• Terms and Conditions.
The Maximum term of the Weatherization Loan shall be five years,
and it shall bear three percent (3%) interest per annum.
b. Assia_ nab�t�.
The Weatherization Loan is not assignable and shall be due upon
sale or transfer of the property. Selling the property by use
Of a land contract shall constitute a transfer of property and
the Weatherization Loan shall be payable in full at that time.
C. Repayment.
C1) Payments shall be made in 60 consecutive monthly install-
ments to a local lending institution designated by the
City. Each monthly payment shall be for 1/60 of the
original loan amount plus interest.
(2) The Weatherization Loan may be retired in a period of less
than five years without penalties.
d• Closing Costs.
The closing costs for a Weatherization Loan may include the
following:
(1) Appraisal fees.
(2) Title search and abstracting fee.
(3) Recording fees.
i
e• Delinquency and Late Payment Penalty.
A late payment charge shall accrue on an
y amounts one month or more. The amount will be specifieddatl he moan
closing and if altered, the mortgagor will be notified 60 days
prior to the effective date.
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RESOLUTION NO. 83-255
RESOLUTION RECLASSIFYING FULL-TIME POSITIONS IN THE EQUIPMENT
DIVISION, ENGINEERING DIVISION AND PLANNING & PROGRAM DEVELOPMENT
DEPARTMENT.
WHEREAS, Resolution No. 83-73 adopted by the City Council on March 29, 1983,
establishing an operating budget for FY84 authorizes all permanent positions,
and
WHEREAS, the classification plan of the City of Iowa City was established and is
maintained to reflect through job classification and compensation the level of
job duties and responsibilities performed, and
WHEREAS, the following positions have been identified by the AFSCME Job
Evaluation Committee as warranting reclassification,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the authorization of personnel in the Equipment Division be amended
by:
a. Reclassification of one Maintenance Worker III position to Mechanic
I.
b. Reclassification of one Mechanic I position (Transit) to Mechanic II
(Transit).
2. That the authorization of personnel in the Engineering Division be amended
by:
a. Reclassification of the position of Construction Inspector from Range
9 to Range 10 of the AFSCME pay plan.
3. That the authorization of personnel in the Planning & Program Department be
amended by:
a. Reclassication of the position of Technical Assistant from Range 6 to
Range 8 of the AFSCME pay plan.
It was moved by McDonald and seconded by Lynch the
Resolution be adopted, and upon rol ca 1 there were:
AYES: NAYS: ABSENT:
g Balmer
x Dickson
x Erdahl
x Lynch
X McDonald
x Neuhauser
x Perret
Passed and approved this 2nd day of August 1983.
�V
MA OR,_ro fern
Rocoived & Approved
ATTEST: BY ,T Lead Depu ment
CITY CLERK
4, MICROFILMED BY
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CEDAR RAPIOS•OES, MOINES f
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City of Iowa Cite
MEMORANDUM
Date: July 26, 1983
To: City Council
From: Anne Carroll, Director of Human Relations
Re: Position Reclassifications
During AFSCME contract negotiations for FY84-85 it was agreed by Letter of
Understanding that the procedures established during the FY82 AFSCME job
classification study would be continued through FY84-84. The Job Evaluation
Committee, comprised of four AFSCME and four management representatives, has
been established as a standing committee to hear employee appeals concerning
changes in job classifications. The Committee makes recommendations to the City
Council regarding changes, which require City Council approval before becoming
effective. No specific dollar amount has been negotiated or allocated to fund
classification changes because few changes are anticipated in the next year and
it is felt that funds available in the salary budget will be sufficient.
Employees approved for reclassification will receive an increase to the minimum
of the salary range, if below it, or a one step increase (usually equal to $500-
700 annually).
Five classification appeals were recently heard by the Committee. The four
recommended for permanent or temporary reclassification are described below.
Following the collective appeal of the Mass Transit Operators their
classification remained unchanged by the Committee.
The Job Evaluation Committee recommends your approval of the following
reclassifications:
Equipment Division
Maintenance Worker III - Night Crew, Salary Grade 5 Reclassified to Mechanic
I - Night Crew, Salary Grade 7.
The employee in this position works the night shift at the Equipment Building
performing preventative maintenance and general repair work under the
Duht crew ties assigned andMwork nperformed II, thisoatya level expectedothertof �a Mechanic mImband
these duties are required by the work load. (The employee in question had 12
years experience as a mechanic prior to employment with the City.)
Cost of reclassification during FY84: $598.
Mechanic I, Salary Grade 7 Reclassified to Mechanic II, Salary Grade 9 (Night
Crew Bus Barn).
Currently the night crew performing preventative maintenance and general repair
to transit buses is comprised of two Mechanic I positions, with no designated
supervisor during the shift. The crew is responsible for assuring that 16-18
buses are available for operation the next buses. The crew is required to make
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decisions as the buses come off the road in the evening concerning whether a bus
defect is severe enough to withhold the bus from service the next day, or
whether another bus with a less serious problem, but being held for repair,
should be substituted and sent on the road, and whether overtime work is
necessary to assure the correct number of buses are available for service.
Reclassification of this position designates responsibility for making such
decisions, as well as general supervision of the night mechanic crew. Such
responsibility is now difuse, and although it is being assumed by both crew
members, it is not currently compensated for, nor is it expected of other
Mechanic I positions.
Cost of reclassification during FY84: $688 approximately.
Engineering Division
Construction Inspector, Salary Grade 9 Reclassified to Construction Inspector
II, Salary Grade 10.
Temporary reclassification was recommended. The position of Construction
Inspector was designed to work under the supervision of the Sr. Construction
Inspector, with the Construction Inspector being responsible for less difficult
projects. Construction of the new Transit Facility requires the presence of the
Sr. Construction Inspector on a full-time basis through Fall, 1984. During this
time period the Sr. Inspector is unavailable for supervision and the level of
difficulty of projects assigned to the Construction Inspector has been
increased. If the reclassification is approved, Committee recommends re- !
evaluation of the position following completion of the Transit Facility
construction.
z
Cost of reclassification during FY84: $682.
2 Planning and Program Development i
Technical Assistant, Salary Grade 6 Reclassified to Technical Assistant, Salary
Grade 8.
The employee in this position performs drafting and graphic arts projects for
both PUD and JCCOG activities including developing and updating zoning maps.
During the appeal procedure the employee and his supervisors presented new
information concerning the scope and complexity of the work performed and the
necessary education and experience requirements for the job. This information
indicated need for a classification equal to that of the Sr. Engineering
Technicians in the Engineering Division, whose work is similar.
Cost of reclassification during FY84: $666.
A resolution is included for your approval amending the pay plan to implement
these reclassifications.
/SSd
CMICROFILMED BY �I
hb` 'JORM MICROLAB
CEDAR RAPIOS•DES MOINES