HomeMy WebLinkAbout1983-08-16 ResolutionRESOLUTION NO. 83-255A
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit or liquor control license,
to wit:
Loyal Order of Moose Lodge #1096 d/b/a
Loyal Order of Moose Lodge #1096
2910 Muscatine Avenue, Box 26
Iowa City, Iowa
It was moved by Lynch and seconded by Dickson
EF—
that the Resolution as reade adopted, and upon rollcaT1 ere
were:
AYES: NAYS: ABSENT:
Balmer x
Lynch x
Erdahl x
Neuhauser x
Perret x
Dickson x
McDonald x
Passed and approved this 16th day of _ - 1st
19 83 .
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Attest:!
jl Ci y -Clerk
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RESOLUTION NO. 83-256
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made appli-
cation and paid the mulct tax required by law for the sale of
cigarettes and cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
William VanDuyn d/b/a Food on the Move Ltd.
1311 Highland Court
Iowa City, IA
Comer's Pipe & Tobacco dba Comer's Pipe & Tobacco
Old Capitol Center
t Iowa City, IA
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! It was moved by INnch and seconded by Dickson
I that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer X
Lynch X
Erdahl X
Neuhauser X
n
Perret X
Dickson X
€ McDonald X
' I
Passed and approved this 16th day of Aucrust
19 83 r
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Attest:_
City Clerk
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CEDAR RAPIDS -DES MOINES
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RESOLUTION N0. 83-257
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONSHORE,BIKOENAYTPROJECTIMATE F COST FOR THE CONSTRUCTION OF THE R0�_
CITY ENGINEER TO PLACE- SAID'PLANS,1ETC .,�rONAFILE EFORNPUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 30th day of August
Chambers, Civic Center, Iowa City, Iowa. 19 33, at 7:30 p.m. in the Council
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said hearing.
�I 3. That the plans,sec'
for the construction of the above anamedtions'pro ectform farentracthereby 0rderedand�placedof
oncost
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Lvncti and seconded by Dickson
resolution as read be as opte awn uppon roll call there were: that the
AYES: NAYS: ABSENT:
X Balmer
x Dickson
X— Erdahl
x Lynch
x McDonald
x Neuhauser
x Perret
Passed and approved this 16thday of August
19 83 .
ATTEST:Odse�c�
CITY CLERK
Aa�t c I o1lp
MAYUR
Rneeived 8 Approved
By The Legal De a//r1Wnt
K MICROFILMEO 8Y
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RESOLUTION NO. 83-258
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
NEIGHBORHOOD STRATEGY AREA -CURB RAMP AND SIDEWALK REPAIR—
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 30th day of August 19 83, at 7:30 p.m. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
( newspaper published at least once weekly and having a general circulation in the
I city, not less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Lynch and seconded by Dickson that the
resolution as read be a opte an upon roll call there were:
AYES: NAYS: ABSENT:
—}L Balmer
R Dickson
x Erdahl
.x Lynch
—X_ McDonald
X Neuhauser
x Perret
Passed and approved this 16th day of August 19 83
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MAYOR
ATTEST • %Jle �� ] �• si���J
` CITY CL RK
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Received $ Approved '
By The legal Da artrnent
a
RESOLUTION N0. 83-259
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRANSIT
MAINTENANCE FACILITY PARKING IMPROVEMENTS
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING
CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 30th day of August , 19 83, at 7:30 p.m. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
{ of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost
t for the construction of the above named project are hereby ordered placed on
F file by the City Engineer in the office of the City Clerk for public inspection.
E
It was moved by Lynch and seconded by Dickson that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
Balmer
x
Dickson
x
Erdahl
x
Lynch
x
McDonald
x
Neuhauser
x
Perret
Passed and approved this 16th day of August , 1983 .
ATTEST:
CITY CLERK
—l�1�AilldD /
Received $ Approved
By Ths Legal Ce a of
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RESOLUTION NO. 83-260
A RESOLUTION SETTING A PUBLIC HEARING ON THE MILLER/ORCHARD
NEIGHBORHOOD IMPROVEMENT PLAN, DIRECTING THE CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PLANNING &
PROGRAM DEVELOPMENT TO PLACE A COPY OF SAID PLAN ON FILE FOR PUBLIC
INSPECTION.
WHEREAS, the City of Iowa City is empowered, pursuant to Chapter 403 of the Code
of Iowa, 1983, to formulate a program for utilizing appropriate public and
private resources to improve its neighborhoods, to prevent the development or
spread of urban blight, and to encourage urban rehabilitation, and
WHEREAS, the City Council of the City of Iowa City, did, by Resolution No. 83-
249, dated August 2, 1983, adopt a Resolution of Necessity for the
rehabilitation, stabilization, or a combination of improvements to be
undertaken in the Miller/Orchard Neighborhood, whose boundaries are shown on the
map attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY:
1. That a public hearing on the Miller/Orchard Neighborhood Improvement Plan,
developed pursuant to Chapter 403 of the Code of Iowa, 1983, is to be held
on the 30th day of August, 1983, at 7:30 p.m. in the Council Chambers, Iowa
City Civic Center.
2. That the City Clerk is hereby authorized and directed to publish notice of
said public hearing in a newspaper published at least once weekly and
having a general circulation in the city, not less than four nor more than
20 days before said hearing.
3. That the Director of Planning & Program Development is further authorized
and directed to place a copy of said plan on file for public inspection in
the Office of the City Clerk.
It was moved byand seconded by Dickson
the Resolution be adopted,
��nrh and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
�I_ Dickson
X Erdahl
_X Lynch
_X McDonald
_X Neuhauser
_X Perret
Passed and approved this 16th day of Auovst , 1983.
ATTEST:
CITY CLERK
R.watved & Approved
By he Legal Deportment
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EXHIBIT A
JUILLER/ORCHARD NEIGHBORHOOD
IMPROVEMENT AREA _
ROOSEVELT
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Applicant:
Name
Iowa Departmentof Transportation
'400 Highway Division Ames, Iowa 50010
Application to Perform Work Within State Highway Right of Way
Mike Gatens
ar Company
Iowa City, Iowa 52240
Permit Number
County Johnson
Project
F.A. 765At,5)
Address
Approval is hereby requested to enter within the state highway right of way and to do grading and build or modify drainage
ructures incidental thereto. Proposed work is shown on the aua hecf tat and cross sections, and further described as follows:
Removal of earth to provide a more unitorm �ack�tooe
the proposed work is Incased in Sec. 2 'I'xp. 79—N Rang' b—W " on Mighua)' yn. Iowa NS
south from Interchange with I-80
Direction Place, town, Btc.
From Station 30+00 to Station 32+5U
nn the north
;•
'i Side
AGREENIENTS
The applicant agrees that if granted a permit to do'saili work the following stipulations shall govern.
I. Theapplicant shall take all reasonable precautionsduringconstruction and future maintenance to protect and safeguard the lives
and property of the traveling public and shall save the State and file Iowa Department of Trallsporta lion harmless of any damage or
losses that may be sustained by the traveling public on account of such construction or maintenance operations.
2. The applicant shall hold the Slate and the Iowa Department of Transportation harmless of any, damage that may result to said
highway because of the construction or maintenance of the facility, and shall reimburse the State oY the Iowa Department of
Transportation foranycxpconstr cthattheStateofIowaortheDepartmentofTnmsporuuionmayhavetomakeonsaidhighwayon
account of said applicant's construction.
3. The applicant, and his contractors, shall carry on construction and maintenance with serious regard to the safety of the public.
Traffic protection shall be in accordance With Part VI of the current Iowa Department of Transportation Manual on Uniform Traffic
Control Devices for Streets and Highways. The Department will loan the required signs to the applicant who shall be responsible for
placing the signs and covering or removing when not in use. Flagging operations arc the responsibility of the applicant. The applicant
shall return the signs upon completion of the construction operation.
4.'Ihe applicant shall seed and mulch all disturbed areas within the highway right of way and shall be responsible fonhe ecgctalive
cover until it becomes well established. Any surfaced areas such as driveways orshoulders and sodded waterways and plantings which
are disturbed shall be restored to their original condition.
5. If the proposed work results inn pool of water on the applicant's property, this pool of water will be exclusively owned, controlled,
and maintained by the applicant. That part of the modification located on highway right of way will be maintained by the Iowa
Department of Transportation for road purposes only.
6. Theapplicant shall maintainanydrainage structure built within the right ofway that is built forthc benefit of the applicant and not
necessary for highway use.
7. This permit is subject to any laws now in effect many laws which maybe hercafterenacted and all applicable rules and regulations
of local, state and federal agencies.
8. This permit is subject tool) the rulcs:md regulations of the Iowa Department oI Transportation, and In revocation by the lawn
Department of Transportation al any time when• in the judgment of the I h partrnent i. is necessnq• in the improvemant or maintenance
of the highway or for other reasonable cause.
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9. The applicant agrees to give the Iowa Uepartment of Transportation AR hours notice of intention to sta." construction or perform
maintenance on the highway right of way. Said notice shall be made in writing to the Resident Maintenance Engineer whose name and
address is shown below. Any modifications to the proposed work shall be approved by the Department prior to making the change.
10. All proposed work covered bythis permit shall beat the applicant's expense. Theapplicant shall reimburse the Iowa Department
of Transportation for any materials removed from the highway right of way described as follows:
Removal of earth bank is a mato . ate and no rust to to be assessed
to the applicant.
11 The Right of Way monument shall b_e re-established by a surveyat__the--apVJJg&1lts—exR.ensa
Applicant
8-8-II3
Date
Name of Owner
Mike Gatens
By// / � - F 1�t ,1.0 �✓� — rue
Signature
Recommendation Of Conservation District (if a conservation type project)
BY Signature
Date
Approval Of City Or Town (if proposed work is within an incorporated town or city, the Council of said town or city must grant
approval)
"The undersigned city or townsjoins in the grants embodied in the above permit executed by the Iowa Department of Transportation
on condition that all of the covenants and undertakings therein running to the Iowa Department of Transportation shall inure to the
benefit of the undersigned city or town and said permit is approved below by the delegated city or town official.
By Date
Signature title
Department Of Transportation Approval
RecommendedKatt
ResidentMniNtnancc Enginn•r
Approved District rngineer
Federal Ifighway Administration Approval (if required)
0yUair
Dieisinn Engineer
The applicant shall send notice of date of entry on highway right of way to:
Address
RcstdeN Maintenance Engineer
5 copies of application must be filed with District Engineer Name
Iowa Department of Transportation
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RESOLUTION NO. 83-261
RESOLUTION AUTHORIZING THE POLICE CHIEF TO ENTER INTO AN
AGREEMENT WITH THE IOWA DEPARTMENT OF PUBLIC SAFETY FOR MOTOR
VEHICLES TO BE USED BY THE IOWA CITY POLICE DEPARTMENT.
WHEREAS, the Iowa Department of Public Safety has certain motor vehicles
available for undercover investigation, and
WHEREAS, the use of such vehicles by the police department of Iowa City is
desirable, and
WHEREAS, the Department of Public Safety requires the City of Iowa City to
maintain such vehicles in operable condition during the period of use and
to maintain liability insurance indemnifying the State of Iowa for any
damage caused during the period of use.
THEREFORE, BE IT RESOLVED that the Chief of Police is authorized to enter
into an agreement to utilize such vehicles from time to time, and to
secure such insurance as is required by the State of Iowa during the
period of use.
It was moved by Lynch and seconded by Dickson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
x Erdahl II
x Lynch
x McDonald
X _—?
Neuhauser
R _ Perret
Passed and approved this 16th day of August 1983.
MA OR f
ATTEST: AjQ44,,,?
CITY CLERK j
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IOWA DEPARTMENT OF
M public � safety
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DIVISION OF CRIMINAL INVESTIGATION
WALLACE STATE OFFICE BUILDING • DES MOINES, IOWA 50319
515/2815138
July 28, 1983
Mr. Harvey Miller, Chief
Iowa City Police Department
Iowa City, Iowa 52240
Dear Chief Miller:
TERRY E. BRANSTAD
GOVERNOR
GENE W. SHEPARD
COMMISSIONER
This letter is in response to an arrangement which was made between
the Iowa City Police Department and Roger Stephens of the Division
of Criminal Investigation concerning use of a State vehicle in an
undercover capacity by Iowa City police officers.
Specifically, Detective Keating asked for the 1973 Monte Carlo
currently being used by the DCI in Mason City. Richard Williams, an
Assistant Attorney General, has advised us that a resolution by the
City Council of Iowa City is needed to formally allow the transfer of
this vehicle for your use. Attached to this letter will be a sample
of such resolution.
After such resolution is passed by the City Council, an application
to be filled out by your department for the use of the undercover
vehicle should be completed and sent to myself. An application will
also be attached for your use for this purpose.
In addition, Mr. Williams has indicated that in addition to the
resolution, that the Iowa City Police Department should provide us
with either an insurance binder showing specific coverage on the
given vehicle or a rider for their own insurance policy reflecting such
coverage.
The vehicle description will be typed on the bottom of the application
and will be the description of the vehicle that Detective Keating
requested. If you would fill in the areas designated, the period for
which the vehicle is desired, as well as the bottom line for commencing
and ending dates, we will be happy to accommodate any time periods
which you desire.
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I wish to thank you for the arrangements for which this exchange
can be made and hope that this vehicle can be of use to the narcotics
investigators in the Iowa City area.
Assuring you of our cooperation in all matters of mutual concern,
I remain
Sincerely,
THOMAS R. RUXLOW, Director
Division of Criminal Investigation
TIMOTHY P. MC DONALD, Assistant Director
TPM:mcc
Attachment
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I wish to thank you for the arrangements for which this exchange
can be made and hope that this vehicle can be of use to the narcotics
investigators in the Iowa City area.
Assuring you of our cooperation in all matters of mutual concern,
I remain
Sincerely,
THOMAS R. RUXLOW, Director
Division of Criminal Investigation
TIMOTHY P. MC DONALD, Assistant Director
TPM:mcc
Attachment
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RESOLUTION NO. 83-262
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF HARDING FIRST
ADDITION, A SUBDIVISION IN JOHNSON COUNTY, IOWA.
WHEREAS, the owners and proprietors, Gary J. Harding and Cheryl L.
Harding, have filed with the City Clerk a preliminary and final plat and
subdivision of the following described premises located in Johnson
County, Iowa, to -wit:
Beginning at the Northeast corner of Section 7, Township 79 North,
Range 5 West of the 5th Principal Meridian, Johnson County, Iowa;
Thence SO°19'24"W, along the East line of the Northeast Quarter of
said Section 7, 635.31 feet; Thence N90°00100"W, 1315.43 feet to the
West line of East half of the Northeast Quarter of said Section 7;
Thence NO°08'15"E, along said West line 635.31 feet to the North line
of the Northeast Quarter of said Section 7; Thence S90°CO'00"E, (an
assumed bearing), along said North line 1317.49 feet, to the Point of
i Beginning. Said tract of land contains 19.20 acres more or less and
is subject to easements and restrictions of record.
WHEREAS, said property is owned by the above-named individuals and the
dedication has been made with their free consent and in accordance with
their desire and intent.
WHEREAS, said plat and subdivision is found to conform with Chapter 409 of
the 1983 Code of Iowa and all other statutory requirements.
WHEREAS, said plat and subdivision was examined by the Planning and Zoning
Commission which recommended that said plat and subdivision be accepted
and approved.
WHEREAS, the subdivision is located outside the corporate limits of the
City of Iowa City, Iowa, but within a distance of two miles thereof.
WHEREAS, the owners have executed an Agreement with the City of Iowa City,
Iowa, pertaining to the dedication of certain improvements upon
I annexation of the subdivision to the City of Iowa City, Iowa.
w NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Iowa
City, Iowa, that said preliminary and final plat and subdivision located
on the above-described property be and the same is hereby approved.
BE IT RESOLVED FURTHER that the City Clerk of Iowa City, Iowa, is hereby
authorized and directed to certify a copy of this Resolution and the
preliminary and final plat after passage and approval by law; and the
owner/subdivider shall record them at the Office of the County Recorder of
Johnson County, Iowa.
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It was moved by BaLmr and seconded by
Dickson the Resolution be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
i
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j x Balmer
x Dickson
x Erdahl
x Lynch
x McDonald
x Neuhauser
i x Perret
r
Passed and approved this 16th day of August 1983.
s
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ATTEST:
CITY CLERK
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STAFF REPORT
To: Planning & Zoning Commission
Item: 5-8319. Harding's First Subdivision
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
45 -day limitation period:
60 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Prepared by: Karin Franklin
Date: July 7, 1983
Gary Harding
2406 E. Washington Street
Iowa City, IA 52240
Approval of a preliminary
and final rural subdivision
plat.
To subdivide 19.2 acres
within the two mile
extraterritorial
jurisdiction of the city
into four lots.
In the southeast quadrant of
the intersection of a county
road and Local Road in
Section 7, T79N-R5W.
19.2 acres M/L
Residential and undeveloped;
RS
North - agricultural; RS
East - agricultural; Al
South - agricultural; RS
West - agricultural and
residential; RS
Subdivision and stormwater
management ordinances and
rural design standards.
8/1/83
8/16/83
Sewer and water service will
be provided by septic
systems and wells by
individual lot owners in
accordance with the Johnson
County Health Department
regulations.
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Public services:
Transportation:
Physical characteristics:
ANALYSIS
Police protection will be
provided by the Johnson
County Sheriff's Department.
Fire protection will be
provided by the City of West
Branch.
Access to the lots is
provided with existing
county roads.
Sloping to the south and
west.
The requested subdivision is in the county within a mile of the eastern
corporate limits of the city. The plat proposes a split of approximately 19
acres into four lots of 4.5 to 5 acres apiece. Each of the lots has frontage on
an existing county road; no internal streets are proposed. The county is
requesting that combined driveways be shown for Lots 4 and 3 and Lots 1 and 2 to
provide access points at this time for possible future internal streets.
The road along the northerly boundary of the subdivision is Local Road
(Rochester Avenue) and is currently a county road. The county is negotiating
with the state regarding jurisdiction over this road. It is anticipated that
the right-of-way will be expanded to 100 feet in anticipation of future widening
of the paving, with the completion of Scott Boulevard to Rochester Avenue. An
additional 17 feet of right-of-way easement is shown on the plat for this
reason.
The applicant is requesting that the preliminary plat information,
establishment Of the fire rating, and provision of stormwater management
calculations and easements be waived. The City Engineer has determined that
stormwater management calculations and easements will be required. Since the
subdivision is relatively close to the corporate limits, the staff recommends
that the requested waivers not be granted.
STAFF RECOMMENDATION
The staff recommends deferral at this time. Upon resolution of the deficiencies
and discrepancies listed below, the staff recommends approval of the requested
subdivision.
DISCREPANCIES AND DEFICIENCIES
1. The road along the north property line should not be labeled Highway 1.
2. Stormwater management calculations, easements, and construction plans are
required.
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3. The subdivider will have to provide a fire rating for this subdivision.
4. Statements will be required regarding the proposed water and sewer systems.
S. Contours are required.
6. Existing improvements on the site are required to be shown on the
preliminary plat.
7. Assessment waivers are required for all public improvements.
t 8. An agreement stating utility connections with the City of Iowa City
utilities may be required upon annexation.
9• Future dedication, without any encumbrance, of the right-of-way along the
northerly boundary of the subdivision is requested.
ATTACHMENTS
1. Location map.
2. Letter requesting waivers.
ACCOMPANIMENTS
1. Preliminary and final plat.
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Approved by: ` C
D nald Sc meiser, Director
Departmen of Planning & 1
Program Development f
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MMS CONSULTANTS, INC.
465 IOWA HIGHWAY N4.1 WEST • IOWA CITY • IOWA 52240
319-361-8282
June 14, 1983
U
Department of Planning & Program Development
Donald Schmeiser, Director
City of Iowa City
Civic Center
Iowa City, Iowa 52240
RE: Preliminary & Final Plat, Harding First Subdivision
Johnson County, Iowa
Dear Me. Schmeiser:
Ronald R. Meyer RE& L8.
Robert 0. Mickelson L.S.
Larry R. Schnlltler LA
Chriclopher Y. Stephan RE.
On behalf of Gary and Cheryl Harding we are respectfully submitting the following
information:
The Hardings are proposing to subdivide a 19.2 acre tract in the Northeast corner
of Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian,
Scott Township, Johnson County, Iowa, which will be called Harding First Sub-
division. The subdivision shall consist of four lots, ranging in size from 4.66
acres to 5.20 acres. The.lots will have frontage on Rochester Road (Local Road)
and an existing North-South County road on the Easterly side of the Subdivision,
and as such will not require the construction of internal streets. Individual lot
owner(s) will be responsible for providing their own sanitation and water facilities
in accordance with the requirements on the Johnson County Health Department.
No portion of the subdivision is proposed to be held in joint ownership (roadways,
parks, open spaces or reserved areas) which would require the formation of a
Homeowners Association.
Therefore, the Owners are respectfully requesting that the following waivers be
granted:
1. A waiver of the requirements for a separate Preliminary Plat and the
usual accompanying information not shown on a Combined Preliminary
and Final Plat (5 foot contours, utilities, street grades, etc.)
2. A waiver of the requirement to establish a fire rating.
3. A waiver of the requirement to provide stormwater management calcu-
lations and easements, in that the Subdivision lies within the watershed
of the Ralston Creek, South Branch Stormwater Detention Facility.
DEB/cas
cc: Gary Harding
Respectfully,
MMS
CONSULTANTS, INC.
Dean E. Beranek
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City of Iowa Cit
MEMORANDUM
Date: August 4, 1983
To: Planning and Zoning Commission
From: Karin Franklin, Planne
Re: Harding First Addition, S-8319
The deficiencies and discrepancies listed in the staff report dated July
7, 1983, have been addressed by the applicant to the satisfaction of
staff. The legal papers have been reviewed and are being revised by the
applicant's attorney. The staff recommends approval of this subdivision
subject to obtaining the revised legal papers.
bj4/20
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RESOLUTION NO. 83-263
RESOLUTION APPROVING FINAL PLAT
OF
FIRST AND ROCHESTER, PART ONE
WHEREAS, the owner and proprietor, Plum Grove Acres, Inc.,
has filed with the City Clerk of Iowa City, Iowa, a plat and
subdivision of First and Rochester, Part One, an Addition to
the City of Iowa City, Iowa, covering the following described
premises located in Iowa City, Johnson County, Iowa, to -wit:
Beginning at the Northwest Corner, of Sec-
tion 12, Township 79 North, Range 6 West of
the 5th. Principal Meridian; Thence
N00001000"W, 660.00 feet; Thence
N89035103"E, 550.00 feet; Thence
S00001106"E, 658.11 feet, to a point on the
North line of the Northwest Quarter, of the
Northwest Quarter of said Section 12;
Thence S00002126"W, 237.76 feet; Thence
N84033125"E, 17.72 feet; Thence
SO1°07125"W, 235.95 feet; Thence North-
easterly 52.76 feet along a 175.00 foot
radius curve, concave Northwesterly, whose
52.56 foot chord bears N70011119"E; Thence
Northeasterly 128.36 feet, along a 275.00
foot radius curve, concave Southeasterly,
whose 127.20 feet chord bears N74055125"E;
Thence NO1007125"E, 201.39 feet; Thence
S88052135"E, 567.09 feet; Thence
S00005148"E, 250.00 feet; Thence
N89007128"W, 214.24 feet; Thence
Southwesterly 52.36 feet, along a 50.00
foot radius curve, concave Northwesterly,
whose 50.00 foot chord bears S60052132"W;
Thence S20002154"E, 266.08 feet; Thence
S66°57145"W, 160.00 feet, to a capped h
inch iron pin found; Thence Northwesterly
123.57 feet along a 278.30 foot radius
curve, concave Southwesterly whose 122.56
foot chord bears N40030147"W; Thence
N53014106"W, 203.03 feet; Thence
S36°45154"W, 50.00 feet, to a capped h inch
iron pipe found; Thence S74015125"W, 231.79
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feet, to a capped ' inch iron pipe found;
Thence S3501012511E, 188.16 feet, to a
capped k inch iron pipe found; Thence
N67°14115"E, 94.84 feet, Thence
S24°56'45"E, 149:81 feet; Thence
S79049'35"W, 162.97 feet; Thence
S54°57123"E, 235.33 feet, to the Northeast
corner of Lot 1 of Moreland Subdivision;
Thence S51°07100"W, 275.04 feet, to a 5/8
inch iron pin found at the Northwest corner
of said Lot 1, in accordance with the Plat
thereof recorded; Thence S59°47'57"W,
215.00 feet to a 5/8 inch iron pin found;
Thence S30012103"E, 323.48 feet, to the
centerline of Rochester Avenue; Thence
Southwesterly 59.83 feet along said center-
line, on a 706.00 foot radius curve, con-
cave Northwesterly, whose 59.82 foot chord
bears S71058'01"W; Thence S74023141"W,
514.74 feet, along said centerline to the
West line of said Northwest Quarter of Sec-
tion 12; Thence S74°23'41"W, 63.71 feet,
along said centerline; Thence N00°24'33"W,
299.64 feet, to a 3/4 inch iron pipe found;
Thence N89°36'20"W, 122.05 feet; Thence
N00032136"E, 648.31 feet, to a 5/8 inch
iron pin found; Thence S89036120"E, 122.87
feet, to a 3/4 inch iron pipe found; Thence
N89023149"E, 57.18 feet to a 3/4 inch iron
pipe found; Thence Northwesterly 303.23
feet, along a 630.00 foot radius curve
Northeasterly, whose 300.31 foot chord
bears N4048130"W; Thence N89009137"E, 25.38
feet; Thence N00002126"E, 600.07 feet to
the Point of Beginning. Said tract of land
containing 40.96 acres more or less.
and
WHEREAS, said property is owned by the above-named corpo-
ration and the dedications as required by the Subdivision ordi-
nance of the City of Iowa have been made with the free consent
and in accordance with the desires of said proprietor, and
WHEREAS, said plat and subdivision has been examined by
the Planning and Zoning Commission of Iowa City, and after due
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deliberation, said Commission has recommended that said plat
and subdivision be accepted and approved, and
WHEREAS, said plat and subdivision is found to conform
with the requirements of the City Ordinance of the City of Iowa
City, Iowa, with respect to the establishment of land subdi-
visions, and with the requirements of Chapter 409 of the 1983
i
Code of Iowa and amendments thereto, and all other statutory
requirements;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
That said plat and subdivision of First and Rochester,
Part One, an Addition to the City of Iowa City, Iowa, be and
the same is hereby approved by the City Council of Iowa City,
Iowa, and the dedication of the streets, sidewalks, walkways,
and easements set out therein is hereby accepted as by law
provided.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Iowa City, Iowa, is hereby authorized and directed to certify a
copy of this Resolution and of the final plat of said subdivi-
sion to the Office of the County Recorder of Johnson County,
Iowa. The subdivider shall be responsible for recording the
final plat with all legal documents required pursuant to the
provisions of Chapter 409, Code of Iowa, at the office of the
County Recorder of Johnson County, Iowa, and returning a copy
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of such recorded documents to the office of the City Clerk be-
fore the issuance of any building permits is authorized.
It was moved by McDonald and seconded by
Dickson the Resolution was adopted, and upon
roll call there were:
AYES: NAYS: ABSENT:
-X Balmer
X Dickson
X Erdahl
W Lynch
�— McDonald
-x— Neuhauser
x - _ Perret
Passed and approved this 16th day of August, 1983
�Ylll ( �� I l n ✓
Mary eu auser, Mayor
City of Iowa City, Iowa
ATTEST:
J 4,
Marian K. Karr, ity Clear c, --
City of Iowa City, Iowa
CERTIFICATE
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
I, Marian K. Karr, City Clerk of Iowa City, Iowa, do here-
by certify that the above and foregoing is a true and exact
copy of a Resolution adopted by the City Council of Iowa City,
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Iowa, at a regular meeting held on the 16th day of August
1983, all as the same appears of record in my office.
1983. DATED at Iowa City, Iowa, on this 16th day of August,
/GLnz 4 it
Ma ian K. Karr, City clerk,
Iowa City, Iowa.
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Iowa, at a regular meeting held on the 16th day of August
1983, all as the same appears of record in my office.
1983. DATED at Iowa City, Iowa, on this 16th day of August,
/GLnz 4 it
Ma ian K. Karr, City clerk,
Iowa City, Iowa.
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Bruce Knight
Item: S-8322. First and Rochester Date: August 4, 1983
Addition, Part 1, Final Plat
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
45 -day limitation period:
60 -day limitation period:
Plum Grove Acres, Inc.
834 N. Johnson Street
Iowa City, IA 52240
Final plat approval
The subdivision of 44 lots
North and east of the intersection
of Rochester Avenue and First Avenue
extended
40,96 acres
Residential, 2-8 dwelling units per
acre and 8-16 dwelling units per acre
Undeveloped and R1B and R3
North - undeveloped and R1A
East - single-family residential
and RIA
South - commercial and C1 and
multi -family residential
and R3A
West - undeveloped and RIA
Provisions of the subdivision
ordinance
9/1/83
9/16/83
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SPECIAL INFORMATION
Public utilities:
Water service is available. Server
is also available; however,
service
sewage from this development
ultimately drains into the Jefferson
Street branch of the "horseshoe"
sewer which has surcharge problems.
Police and fire protection are
Public services:
available.
Transportation:
Vehicular access from Rochester Avenue
is proposed via First Avenue extended
and the existing private drive
Bluffwood Lane.
Physical characteristics:
The topography is moderate to steeply
sloping.
ANALYSIS
The applicant is requesting approval of the final plat of First and Rochester
Addition, Part 1. The plat conforms with the preliminary plat which was
approved by the City Council on May 10, 1983, subject to approval by Regina
High School of the use of their property for right-of-way purposes. This
requirement was necessary because the alignment of the proposed First Avenue
extended overlapped onto Regina High School property. This contingency has
been met by the high school deeding over the property in question to the
applicant. Plum Grove Acres, Inc. is subsequently dedicating thapro rdeed
to
the City of Iowa City for right-of-way purposes.PY o
transferring ownership to Plum Grove Acres will be required to document
compliance with the City Council's contingency.
As platted, the alignment of First Avenue Extended will also overlap onto
property acquired for the North Branch Dam which is now designated as part of
Hickory Hill Park. This use of City land was reviewed by the Parks and
Recreation Commission prior to approval of the preliminary plat (see attached
minutes)
tthey indicated
nobjection
othat nt. t art f
the final
PltapprovalthiProPosduse ofCity property forrighofwaypurposes
should be officially approved.
In the staff report regarding the preliminary plat, it was noted that a public
access easement would be required for the existing private drive, Bluffwood
Lane, if it was not upgraded for dedication as a public right-of-way. This
easement is shown on the final plat, however, an agreement spelling out the
terms of the easement has not yet been submitted. In addition, staff
recommends that a future dedication document be required for this same
property to permit its use for right-of-way purposes if at some time Bluffwood
Lane is upgraded and accepted as a city street.
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Stormwater management will not be required for this subdivision because of the
proximity of the development to north branch detention basin. This is
confirmed in the attached letter from the Engineering Division to Plum Grove
Acres. However, the applicant will be required to provide 100 -year capacity
storm easements in all drainageways.
STAFF RECOMMENDATION
Staff recommends that the final plat of First and Rochester Addition, Part 1, be
deferred. Upon resolution of the above concerns and the deficiencies and
discrepancies listed below, staff would recommend approval.
DEFICIENCIES AND DISCREPANCIES
1. The legal papers have not yet been approved.
2. Construction plans have not yet been submitted.
ATTACHMENTS
1. Location map.
2. Minutes of April 16, 1983, Parks and Recreation Commission meeting.
3. Letter from the Engineering Division to the applicant regarding stormwater
management.
ACCOMPANIMENTS p
1. Final plat of First and Ro F�esteftddi :on. 11
Approved by:
Department f Planning & Pro am Development
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CITY (7)F IOWA �
CMC CENTER 41 O E. C I T
WASHINGTON ST. IOWA ON, IOWA 52240 (319) 356-50)o
July 20, 1983
Plum Grove Acres, Inc.
834 N. Johnson Street
Iowa City, Iowa 552240
ATTN: Bruce Glasgow, President
Re: Stormwater Storage Requirements for the First & Rochester
Addition, Part I
Dear Mr. Glasgow:
Tfor the above-mentioned his letter is to confirm that the stormwater storage requirements
proposed
development have been sa
its p ox mity adjacent to the North Bra ch Deten ion Basin. tisfied Howevebyr,
100 year storm drainage ways and corresponding easements will have to
be provided for the development to insure proper conveyance of the
stormwater to the detention facility.
If` you have any questions or comments on the above mentioned
material, please do not hesitate to contact me.
Si erely,
Dan lel Hol ern ss
Civil Engineer
tp3/l
cc: Frank Farmer
Bruce Knight.,"
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MINUTES
PARKS AND RECREATION COMMISSION
APRIL 6, 1983
O MEMBERS PRESENT: Dean, Jennings, Martin, Riddle, Willis, Wooldrik
MEMBERS ABSENT: Crum, Mitchell
STAFF PRESENT: Showalter, Howell, Ackerman, Crutchfield, Ray, Knight
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GUESTS PRESENT: Anne Glenister (Project GREEN), Steven Anderson
RECOMMENDATIONS TO THE CITY COUNCIL
None
RECOMMENDATIONS TO PLANNING AND ZONING
Moved by Willis, proudly seconded by Wooldrik that the Parks and Recreation
Commission express to Planning and Zoning that the plan as submitted by Plum
Grove Acres for the extension of First Avenue and the subdivision plat does not
adversely impact the Parks and Recreation Commission. Unanimous.
i 4
RECOMMENDATIONS TO THE STAFF
None
II; SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN
I
Moved by Dean, seconded by Willis that the March 9 minutes be approved as written.
Unanimous.
Bruce Knight from the Planning Department discussed a proposed subdivision and
extension of First Avenue to the north. The street would cut across a small
! portion of land purchased by the city for the North Ralston Creek dam flood plain.
The developer is asking the city to dedicate the land for the street. Showalter
expressed no opposition. Moved by Willis, proudly seconded by Wooldrik that the
Parks and Recreation Commission express to Planning and Zoning that the plan as j
submitted by Plum Grove Acres for the extension of First Avenue and the subdivision
i plat does not adversely impact the Parks and Recreation Commission. Unanimous.
_ Tab Ray discussed a city golf tournament which he is arranging. There would be !
qualifying rounds at all five area courses, then the finals the end of July or
first of August. In order to play finals at Finkbine, they would need to be held
on a weekday. Wooldrik expressed concern that golfers wouldn't take a day off I
work to participate. Dean suggested that each division final (men's, women's, i
senior men's, senior women's) be held at a different course so that all could be
on a Saturday. Ray will work with the staff, Dean, and Jennings to work out
details.
Ray has been looking into the possibility of hosting an A.A.U. tournament for 15- j
and -Under here. The state tournament is currently run by the Urbandale and West
Des Moines booster clubs, so most of the work is done by volunteers. They re-
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PARKS AND RECREATION CL,--11SSION
April 6, 1983 Minutes, Page 2
such an portedly earned about $2,000 last year. For the Recreation Division to coordinate
many
available. After rt uld probbly discussion, itvwasedecidedaid to sendfahours iletterftoothetlocalvluneerswbooster
clubs suggesting the idea of such a tournament.
COMMITTEE REPORTS
Willis reported that the Riverfront Commission is planning the contents of a
circular for landowners adjacent to the river regarding the proposed buffer zone.
Also, Jim Glasgow has filed suit for quiet title to the old river channel area
adjacent to Terrell Mill Park. The City Attorney's office is having the area
surveyed.
CHAIR REPORT
None
DIRECTOR'S REPORT
The annual park tour will be May 7 at 8:30 a.m. Everyone will meet at the
Recreation Center, then return here at 3:00 p.m. for the monthly meeting.
OTHER BUSINESS
Lee will be retiring around May 20. Approximately 125 applications have been
received, with April 15 the last date to apply.
Moved by Wooldrik, seconded by Martin to adjourn, 7:55 p.m.
i.'LGUI'l.,. 0_Mu'til1 IQJv
Karen ACKerman
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RESOLUTION NO. 83-264
RESOLUTION APPROVING THE FINAL SUBDIVISION PLAT OF PART FOUR,
MACBRIDE ADDITION, AN ADDITION TO THE CITY OF IOWA CITY, IOWA
WHEREAS, the owner, MacBride Addition, Inc., has filed with the City Clerk
of Iowa City, Iowa, an application for approval of the final subdivision
plat of Part 4, MacBride Addition, located on the following described real
estate in Iowa City, Johnson County, Iowa, to -wit:
Commencing at the center of Section 17, Township 79 North, Range 6
West of the 5th Principal Meridian: thence N 00053113" E, 415.00
feet on the east line of Part 3, MacBride Addition, Iowa City, Iowa,
to the northeast corner of Lot 80 of said Part 3, MacBride Addition;
thence N 84058'44" W, 335.87 feet on the north line of said Part 3,
MacBride Addition to the northeast corner of Lot 83 of said Part 3,
MacBride Addition; thence N 81022'50" W, 154.45 feet on the north
line of said Part 3, MacBride Addition, to the west right-of-way line
of Spencer Drive; thence southwesterly 64.62 feet on a 925.00 foot
radius curve concave southeasterly, whose 64.60 foot chord bears S
06037105" W, to the northeast corner of Lot 87 of said Part 3,
MacBride Addition; thence N 85022'59" W, 151.37 feet to the northwest
corner of Lot 87 of said Part 3, MacBride Addition; thence N
01044123" E, 854.15 feet to a point on the southerly line of Part 2,
MacBride Addition, Iowa City, Iowa; thence S 62°06152" E, along said
southerly line, 367.87 feet; thence S 28°04!57" E, 196.26 feet;
thence S 65°37'10" W, 135.00 feet; thence southwesterly, 86.33 feet,
along a 100.00 foot radius curve, concave southwesterly, whose 83.67
foot chord bears south 00°20'02" W; thence S 25°03153" W, 23.91 feet;
thence S 64°56107" E, 120.00 feet; thence southeasterly, 50.97 feet
along a 236.22 foot radius curve, concave southwesterly, whose 50.87
foot chord bears S 58045114" E; thence northeasterly, 38.02 feet
along a 53.00 foot radius curve, concave southeasterly, whose 37.21
foot chord bears N 86°07115" E; thence N 37°25'39" E, 160.56 feet;
thence S 89°06147" E, 55.00 feet; thence S 00°53'13" W, 400.00 feet
to the point of beginning. Said tract of land contains 8.13 acres
and is subject to easements and restrictions of record.
and,
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the proposed final subdivision plat and
have recommended approval of same; and
WHEREAS, the final subdivision plat has been examined by the Planning and
Zoning Commission and after due deliberation said Commission has
recommended that it be accepted and approved; and
WHEREAS, the final subdivision plat is 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:
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Resolution No. 83-264
Page 2
1. That the final subdivision plat pertaining to the above-described
real estate and known as Part 4, MacBride Addition, an addition to
the City of Iowa City, Iowa, is hereby approved.
2. That the City Clerk is hereby authorized and directed to certify the
approval of this resolution and of the 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 provisions 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 Balmer and seconded by Perret the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
5 Erdahl
x _ Lynch
-I_ McDonald
.x Neuhauser
Y Perret
Passed and approved this 16th day of August 1983.
MAYOR
ATTEST: yf -Y�")
IT CLERK
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Bruce Knight
Item: S-8320. MacBride Addition, Date: July 21, 1983
Part 4
GENERAL INFORMATION
Applicant: M B
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Applicable regulations:
45 -day limitation period:
60 -day limitation period:
SPECIAL INFORMATION
Public utilities:
Public services:
ac ride Addition, Inc.
335 Kirkwood Avenue
Iowa City, Iowa 52240
Final plat approval.
To permit development of 20 residential
lots.
South of MacBride Drive, west of
Keswick Drive, and north of MacBride
Addition, Part 3.
8.13 acres.
Residential, 2-8 dwelling units per
acre.
Undeveloped and R1B.
North - single family residential and
R1B.
East - single family residential and
R1B.
South - single family residential and
R1B.
West - undeveloped and R113.
Provisions of the subdivision
regulations and stormwater management
ordinance.
8/11/83.
8/26/83
Sewer and water services are
available.
Police, fire protection and sanitation
services are available.
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Transportation:
Physical characteristics:
Vehicular access is proposed via
Spencer Drive to West Benton Street.
The topography is moderately sloping.
ANALYSIS
The applicant is requesting approval of the final plat of MacBride Addition, Part
4. The subdivision contains 20 lots and is part of a preliminary plat containing
37 lots which was approved in 1979.
The final plat of Part 4 complies substantially with the approved preliminary
Plat, however, the applicant has made one minor deviation. The preliminary
plat showed six lots (#96-101) in the northwest corner of the plat fronting on
Spencer Drive (see attachment #2) while the final plat proposes five larger lots
(#96-100) for the same area. Because this alteration has no significant impact
on the layout of the subdivision or on the information required as part of the
approved preliminary plat, a revised preliminary plat reflecting this change
would not be required.
STAFF RECOMMENDATION
Staff recommends that the final plat of MacBride Addition, Part 4, be approved
and that preliminary platting requirements be waived, subject to final approval
of the legal papers.
DEFICIENCIES AND DISCREPANCIES
1. The width of the street right-oP-way should be shown on the plat
2. The legal papers have not been approved.
ATTACHMENTS
1. Location map.
2. Preliminary plat MacBride Addition, Parts 3 and 4.
ACCOMPANIMENTS
1. Final plat MacBride Addition, Part
Approved by:
Do aid Sc meiser, Director
Department of Planning and
Program Development
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City of Iowa Cit
MEMORANDUM
Date: August 4, 1983
To: Planning & Zoning Commission 1/,1Vy
From: Pat Keller, Associate Planner(f1CAQ �,
Re: S-8321. Woodland Valley Estates v
A revised preliminary plat was submitted to staff on Tuesday,
August 2, 1983, by the consultants working for the owners of
Woodland Valley Estates. The concern oftcsingle accessI or to partes
of land has been further addressed by the applicant through the
addition of an upgraded and expanded culvert drainage system over
which Oak Park Lane (a single means of egress) will pass and
provision of a 40 foot access easement between Lots 3 and 4 extending
along Lot 30. The secondary means of access should conform to the
same standards applied to other streets within the subdivision cuAie�v
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Pat Keller
Item: S-8321. Woodland Valley Estates Date: July 28, 1983
GENERAL INFORMATION
Applicant: Ge
Id
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning
Surrounding land use and zoning:
Applicable regualtions:
45 -day limitation period:
Requested response deadline:
SPECIAL INFORMATION
Public utilities:
Public services:
ra R. Zaiser et al.
41 Hawthorn
Iowa City, Iowa 52240
Preliminary plat review according to
the Iowa City/Coralville annexation
agreement.
To permit development of a 30 -lot rural
subdivision.
Northwest of the Iowa River, northeast
Of Stewart Road.
48.69# acres.
One dwelling unit per acre.
Undeveloped and RS suburban
residential and A3 Floodplain.
North - developed RS residential
suburban.
South - developed RS residential
suburban.
East - undeveloped A3 floodplain
and Iowa River.
West - developed, RS residential
suburban.
Provisions of the Subdivision Code,
Rural Design Standards, and
Storm water Management Ordinance.
August 28, 1983
August 23, 1983
Public utilities are not presently
available. Sanitary sewer service and
water service will be privately owned.
Police protection will be provided by
Johnson County and fire protection will
be provided by the Penn -Madison Fire
Department.
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Transportation:
Physical characteristics:
Vehicular access is proposed from
Stewart Road via old Hwy. 218.
Topography ranges from low level
floodplain to steeply sloping 22%-28%.
ANALYSIS
The subject addition is located just outside Iowa City's two mile extraterritorial
control area but within Coralville's. As per the annexation agreement entered
into between Iowa City and Coralville, the proposed subdivision is within Iowa
City's side of the established "area of jurisdiction" and is therefore, forwarded
to Iowa City for findings and recommendations before the Coralville City Council
takes final action on August 23, 1983.
The overall subdivision design for vehicular access is limited. For a subdivision
of 30 proposed single family lots (28 lots will actually utilize this access)
providing one means of egress (Oak Park Lane), the question of secondary
access is a concern. Staff feels that a secondary means of access should be
provided. One alternative could be the creation of a road extending from Oak
Park Lane south through either lots 3, 4 or 5 and continuing along the edge of
out lot A to the existing access road located along the southern boundary of the
subdivision. Another alternative would be the reduction in the number of lots
located within the subdivision.
The Johnson County Health Department approves the locations of all septic
systems. The physical characteristics of the subdivision may pose problems for
the individual sewage disposal systems. Many lots have sewage systems located
on slopes ranging between 22% and 28%. The proposed septic fields for Lots 1
through 6 lie in a low level (666 feet versus 662.5 feet, Iowa River 100 year
flood level) area resting slightly above the Iowa River floodplain. Additionally,
these lots (2-6) are also located in the drainage field for a small pond located
due west of the septic fields. A small pond drains through these fields towards
the Iowa River. Access to the septic fields on Lots 22 through 26 should prove
difficult if houses are constructed adjacent to Oak Park Drive. The density,
location and topography of the proposed subdivision may pose problems for the
proper functioning of the individual sewage disposal systems.
The Rural Design Standards state "the right-of-way for local streets without
curb or gutter shall be 60' in order to retrofit sewer, water...". The street
widths shown in this subdivision are 50 feet with ten foot utility easements on
both sides of the street. This design has been accepted in practice and is
consistent with county standards.
RECOMMENDATION
The staff recommends that Iowa City forward to Coralville a recommendation that
the preliminary plat of Woodland Valley Estates be denied due to the concerns
mentioned above and the deficiencies and discrepancies listed below.
DEFICIENCIES AND DISCREPANCIES
I. Clearly label boundary corners as per legend on plat.
2. Specify dimensions on culvert and design storm.
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ATTACHMENTS
I. Location Map
ACCOMPANIMENTS
I. Preliminary Plat - Woodland Vall
3
Approved by:
Donald hmelser, VI
Departme t of Plannii
Program Doyelopment
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Location Map
Woodland Valley Estates
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City of Iowa Cit,
MEMORANDUM
Date: August 11, 1983
To: City Council
From: Karin Franklin, Plannelck
Re: Rezoning of .73 Acre in County
A request to rezone .73 acres of land south of the airport and north
of the fairgrounds along old 218 was submitted to the County Zoning
Commission. This request was brought before the Iowa City Planning
and Zoning Commission for their information and comment, if they so
desired, since the request area was within the two-mile
extraterritorial jurisdiction of Iowa City and close to the
corporate limits.
The Planning and Zoning Commission elected to comment on the rezoning
and suggest to the City Council that a letter be sent to the County
Board of Supervisors recommending denial of the request.
The area under consideration is currently zoned RS - Residential
Suburban. The owners wish to rezone the property to Cl to permit the
establishment of a beauty parlor. Cl zoning permits various
commercial uses.
It was the Commission's position that the use desired might be more
appropriately achieved as a home occupation, that the rezoning of
this parcel to Cl constituted spot zoning, and that urban development
outside the city at this location was inappropriate.
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NOTICE OF INTENTION TO ISSUE
COMMERCIAL DEVELOPMENT REVENUE BONDS
SERIES (IOWA STATE BANK &TRUST CO. PROJECT)
The City Council of the City of Iowa
City, Iowa, (the "Issuer") will meet on the
16th day of August, 1983, at Civic Center,
410 E. Washington Street in Iowa City,
Iowa, at 7:30 o'clock, p.m., for the
Purpose of conducting apublic hearing on
the proposal to issue Commercial
Development Revenue Bonds, Series 1983
(Iowa State Bank & Trust Company Project)
Of the Issuer, in an aggregate principal
amount not to exceed $2,500,000
"Bonds"), and to (the
loan said amount to Iowa
State Bank & Trust Company, Iowa City, Iowa
(the "Bank"), an Iowa State banking
corporation, for the purpose of defraying
the cost, to that amount, of the acquiring,
constructing and equipping a new 24,000
square foot bank to be located adjacent to
its existing bank at 102 S. Clinton, Iowa
City, Iowa, which is located within the
Urban Renewal Area designated in the
Issuers Urban Renewal Plan Project No,
Iowa R-14 and is consistent with such urban
renewal plan. The Bonds, when issued, will
be limited obligations
constitute general and will not
obligationsof the
Issuer nor will they be payable in any
manner by taxation, but the Bonds will be
Payable solely and
received by the Issuer onlonly from amounts
Agreement between the Issuer uandrthe Bank,
the obligation of which will be sufficient
to pay the principal of and interes
redemption premiumt and
, if any, on the Bonds as
and when the same shal l become due.
At the time and place fixed for said
Public hearing all local residents
appear will be who
express given an who
to
their views for or against the
Proposal to issue the Bonds, and at the
hearing or any adjou
Issuernment thereof, the
r 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 Center,
Written
E. Washington, Iowa City, Iowa 52240,
Written comments must be received by the
above hearing date.
BY order of the City Council, this
30th_ day of July, 1983.
dd
MA IAN KAHN, CIT CLERK
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Authorization ..nd Issuance Proceedings
File No. IDR -3852 -(Auth)
Iowa City, Iowa
Aucrust 16 1983
The -City Council of Iowa City, Iowa, met in
on the 16th day of r ala session
at they Cenf Al 1983, at 7:30 o'clock ��
order and there were an t e City. eTFi me t ng was calied*to
and the Xu
present Mary City'
Mayor, in the chair,
Balmer, n;�k� following Council Members:
Absent: None
The Council took up and considered the issuance of Commercial
Development Revenue Bonds, -Series 1983 (Iowa State Bank & Trust Company
Project) in the aggregate principal amount of $2,500,000.
This being the time and place specified in
conduct of a public hearing the notice for the
on the proposal to issue such Bonds, the
Mayor announced that all local residents attending the hearing would
proposal to issue the now be given an opportunity to express their views for or against the
their views aslfollowslocal residents attending
the hearing expressed
Robert Donner, attorney for the applicant, appeared.
Aft
l local
to do soehadlexpressedetheirts who views fore ore
eagainstethear op who desired
the Bonds, Council Member proposal to issue
Resolution entitled: Balmer introduced a
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BELIN. 'HARRIS. HELMICK. HEARTNEY d TESDELL LAWYERS. DES MOINES. IOWA
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"Resolution authorizing the issuance and sale of Commercial
Iowa City, Iowa, in the aggregate
Of Development Revenue Bonds (Iowa State Bank & Trust company
project) of the City to finance the costsOf
principal amount of $2,500,000, urchase of land, buildings,
acquisition by construction or p a bank
r Iowa
equipment and improvements suitable y, Iowa; the execution of a
State Bank & Trust Company, Iowa City,
the execution
Lender Loan Agreement with The Merchants National Bank of Cedar
Rapids providing the terms and sale of such bonds;
and delivery in a Loan Agreement with Iowa State repayment f thesloan
Company, Iowa City, Iowa providing for the rep
of the proceeds of such bonds, and related matters",
Council Member theMayor
and moved its adoption, seconded by the Council,
said resolution by called the
After due consideration of on the roll being
put the question on the motion and up
following named Council Members voted: perret
- ,-,, T.,nrh. MCDOnald, Neuhauser,
Ayes: uiuw.n,
Nays: None duly adopted and
Whereupon the Mayor declared said Resolution Y
approval was signed thereto.
Upon motion and vote, the meeting adjourned.
yor
Attest:
1 1 1!1414121d `7J�AA
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(seal) .
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9ELIN.'HARRIS. HELMICK, HEARTNEY 8 TESDELL LAWYERS. DES MOINES. IOWA
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83-265
RESOLUTION
"Resolution authorizing the issuance and sale of Commercial
Development Revenue Bonds (Iowa State Bank _& Trust Company
Project) of the City of Iowa City, Iowa, in the aggreagte
principal amount of $2,500,000, to finance the costs of
acquisition by construction or purchase Of land, buildings,
equipment and improvements suitable for use as a bank for Iowa
State Bank & Trust Company, Iowa City, Iowa; the execution of a
Lender Loan Agreement with The Merchants National Bank of Cedar
Rapids providing the terms and sale of such bonds; the execution
and delivery of a Loan Agreement with Iowa State Bank & Trust
Company, Iowa City, Iowa providing for the repayment of the loan
of the proceeds of such bonds, and related matters",
WHEREAS, the City of Iowa City, Iowa, in the County of Johnson,
State of Iowa (the "Issuer") is an incorporated municipality authorized
and empowered by the provisions of Chapter 419 of the Code of Iowa,
1983, as amended (the "Act") and Chapter 403 of the -Code of Iowa, 1983,
as amended, to issue revenue bonds or notes for the purpose of
financing the cost of acquiring, by construction or purchase,land,
buildings, improvements and equipment, or any interest therein,
suitable for the use of any commercial enterprise or non-profit
organization which this Council finds is consistent with an urban
renewal plan for an urban renewal area which has been designated by the
City; and
WHEREAS, the Issuer has been requested by Iowa State Bank & Trust
Company, Iowa City, Iowa (the "Company"), an Iowa State banking
corporation, to issue its revenue bonds to finance the cost of the
acquiring, constructing and equipping a new 24,000 square foot bank to
be located adjacent to its existing bank at 102 S. Clinton Iowa City,
Iowa (the "project") which will promote the welfare of the Issuer and
its citizens; and
WHEREAS, the City has determined that the Project is located
within the Urban Renewal Area designated in the Issuer's Urban Renewal
Plan Project No. Iowa R-14 and is consistent with the urban renewal
plan approved for said Area; and
WHEREAS, it is necessary and advisable that provisions be made for
the issuance of Commercial Development Revenue Bonds, Series 1983 (Iowa
State Bank & Trust Company Project) of the Issuer in an aggregate
principal amount not to exceed $2,500,000 (the "Bonds") as authorized
and permitted by the Act to finance the cost of the Project to that
amount; and
WHEREAS, the Issuer will loan the proceeds of the Bonds to the
Company pursuant to the provisions of a Loan Agreement dated as of
August 1, 1983 (the "Loan Agreement") between the Issuer and the
Company the obligation of which will be sufficient to pay the principal
of, redemption premium, if any, and interest on the Bonds as and when
the same shall be due and payable; and
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BELIN,HARRIS, HELMICK, HEARTNEY & TESDELL LAWYERS. DES MOINES. IOWA
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WHEREAS, the Bonds will be sold pursuant to cur
and seed as provided
by a Lender Loan Agreement to be dated as of August 1, 1983 secured
"Lender Loan Agreement") by and between the Issuer and The Merchants
National Bank of Cedar Rapids (the "Lender"); and
WHEREAS, the rights of the Issuer in and to the Loan Agreement are
assigned to the Lender under the Lender Loan Agreement; and
WHEREAS, notice of intention to issue the Bonds has been
and this Council has conducted a public hearing pursuant to such
Published notice published
that it is necessaryandadvisableuired btotproceed withhe Act, and htheas hfinancingdet of the
Project; and Y determined
WHEREAS, the Iss»er.has arranged for the sale of
Lender and to The First < .National Bank of Chicago,
(together the "Bond Purchasers"
the Bonds to the
Chicago, Illinois
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer,
as follows:
Section I. Authorization of the Bonds. In order to finance the
cost of acquiring preamble
hereof,
the Pro],ect at the location set
forth in the preamble hereof,
authorized, determined and 2,500,000. the Bonds shall be and the same are hereby in the
The Bonds shall be issued ordered to be issued principal amount
Of $ in fully registered form
shall be dated as of the date of issuance and delivery thereof and
shall be executed, shall be in such fo , and
such prepayment provisions, shall bearrM, shallerest at such be rates
shall have
shall be subject to such other terms and conditions as are se
therein and in the Lender Loan Agreement and and
and the interest thereon do not and shall nevem constitute an t forth
an The Bonds
indebtedness of -or a charge against the general credit or taxis
Of the Issuer, but are limited obligations of the Issuer a
from revenues and other amounts derived from the Loan Agreement and the
Project and shall be P Yable solel;•
the revenues derived therefromy agoassignment of the Loan Agreement
the Bonds and .the rms of the Lender Loan Agreement and
Loan Agreement are before this meeting and are
this reference incorporated in this Bond Resolution, and the Cit
is hereby directed to insert them into the minutes of the Cit
and to keepY Clerk
them on file. y Council
Section 2. Lender Loan Agreement, Sale of the Bonds. In order to
provide or the sale of the Bonds to the Bond Purchasers and the
conditions with respect to the delivery thereof, the Mayor and City
Clerk shall execute, acknowledge and deliver
in the of the Issuer, the Lender Loan Agreement in substantiallyatheoform
submitted to the City Council, which is hereby approved in all
respects. The sale of the Bonds to the Bond Purchasers is hereby
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BELIN, HARRIS, HELMICK, HEARTNEY d TESDELL LAWYERS. DES MOINES. IOWA
Ik, i i MICROFILMED BY
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approved and the Mayor and City Clerk of the Issuer are hereby
authorized and directed to deliver the Bonds to the Lender. Deposit by
the Bond Purchasers to the credit of the Issuer of the purchase price,
namely $2,500,000, in immediately available funds at the office of the
Lender shall constitute payment in full for the Bonds pursuant to
Section 1.02 of the Lender Loan Agreement. The Lender shall be
authorized as the Issuer's depository and agent to immediately deposit
such purchase price in the Project Fund established by Section 1.03 of
the Lender Loan Agreement to effect the making of the loan of the
proceeds of sale of the Bonds to the Company pursuant to Section 1.02 .
of the Lender Loan Agreement.
Section 3. Repayment of Loan. The Loan Agreement requires the
Company in each year to pay amounts as loan payments sufficient to pay
the principal of, redemption premium, if any, and interest on the Bonds
when and as due and the payment of such amounts by the Company to the
Bond Purchasers pursuant to the Loan Agreement is hereby authorized,
approved and confirmed.
Section 4. Loan Agreement. in order to provide for the loan of
the proceeds of the Bonds to acquire and equip the Project and the
payment by the Company of an amount sufficient to pay the principal of
and premium, if any, and interest on the Bonds, the Mayor and City Clerk
shall execute, acknowledge and deliver in the name and on behalf of the
Issuer the Loan Agreement in substantially the form submitted to the
City Council, which is hereby approved in all respects.
Section 5. Election. The Issuer hereby elects to have the
provisions of Section (b)(6)(D) of the Internal Revenue Code of
1954, as amended, apply to the Bonds,. and the Mayor and City Clerk are 1
hereby directed to file or cause to be filed an appropriate statement
relating to such election with the Internal Revenue Service.
Section 6. Miscellaneous. The Mayor and/or the City Clerk are
hereby authorized an irecte to execute, attest, seal and deliver
any and all documents and do any and all things deemed necessary to
effect the issuance and sale of the Bonds and the execution and delivery
of the Loan Agreement and the Lender Loan Agreement, and to carry out
the intent and purposes of this resolution, including the preamble
hereto.
Section 7. Severability. The provisions of this resolution are
hereby declared to be separable and if any section, phrase or
provisions shall for any reason be declared to be invalid, such
declaration shall not affect the validity of the remainder of the
sections, phrases and provisions.
Section B. Repealer. All resolutions and parts thereof in
conflict herewith are hereby repealed to the extent of such conflict.
Section 9. Effective Date. This resolution shall become
effective immediately upon adoption.
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• eELIN, HARRIS, HELMICK. HEARTNEY d TESDELL LAWYERS. DES MOINES. IOWA 10,34
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Passed and approved this_ILday of Ay�Gr 1983.
Mayor
Attest:
AiilntJ lS' #46"
l'.it Cl erK
(Seal)
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State Of Iowa
County Of Johnson
City of Iowa City SS:
I, the undersigned, do hereby certify that I am the duly
appointed, qualified and acting City Clerk of the City of Ioa Cit
Johnson County, State Of Iowa, and as such I have in m
have access to, the completeY, in
Council and officers; thatI have corporate records Y Possession, or
hereto attached with the aforesaidccoefull o£ said City and its
transcript rporatecrecords and thatared the saidthe corporaterrecordsainerelations a rto�therrect and complete
therein set out. adoption o£ thetresolution
all
WITNESS my hand and the corporate seal of said Cit
this 16th day of August p
�_. 1983. Y hereto affixed
(Seal)
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BELI N. TIARRIS, HELMICK. HEARTNEY d TESDELL LAWYERS, DES MOINES. IOWA
MICROFILMED BY
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-CEDAR RAPIDS�-DES•MOINES-'
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WHEREAS, the Bonds will be sold pursuant to andsecured as provided
by a Lende Loan Ag
reement to be dated as of August 1983 (the
�
"Lender Loam Agreement") by and between the Issuer d The Merchants
National Ban�of Cedar Rapids (the "Lender"); and
WHEREAS, t e rights of the Issuer in and to th Loan Agreement are
assigned to the nder under the Lender Loan Agree nt; and
WHEREAS, noti of intention to issue the Bo ds has been published
and this Council ha conducted a public hearing rsuant to such
published notice, all as required by the Act, a has hereby determined
that it is necessary a d advisable to proceed th the financing of the
Project; and
WHEREAS, the Issuer as arranged for t e sale of the Bonds to the
Lender and to The Merchants National Bank f Chicago, Chicago, Illinois
(together the "Bond Purcha ers"),
NOW, THEREFORE, BE IT a -SOLVED by /the City Council of the Issuer,
as follows: \ /
Section 1. Authorizatio of t e Bonds. In order to finance the
cost of acquiring and construe ing the Project at the location set
forth in the preamble her
t e onds shall be and the same are hereby
authorized, determined and orde to be issued in the principal amount
Of $2,500,000. The Bonds shall issued in fully registered form, and
shall be dated as of the date ssuance and delivery thereof and
shall be executed, shall be i su form, shall be payable, shall have
such prepayment p/Lender
ions, s all \ment
nterest at such rates, and
shall be subject ch of r ter conditions as are set forth
therein and in thder an Agrand Loan Agreement. The Bonds
and the interest on not anl never constitute an
indebtedness of oa a againsgeneral credit or taxing power
of the Issuer, bumited oblns of the Issuer payable solely
from revenues andamounts defrom the Loan Agreement and the
Project and shallecured by annment of the Loan Agreement and
the revenues derierefrom. Ff the Lender Loan Agreement,
the Bonds and theAgreement aore this meeting and are by
this reference inrated in thiResolution, and the City Clerk
is hereby directnsert them e minutes of the City Council
and to keep therq on file.
Section
Loan Aqreement
prov�ae ror trte sale or the Bonds to the B r
conditions with respect to the delivery th
Clerk shall execute, acknowledge and delive
of the Issuer, the Lender Loan Agreement in
submitted to ;the City Council, which is here
respects. The sale of the Bonds to the Bond
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of the Bonds. In order to
d Purchasers and the
eof, the Mayor and City
in the name and on behalf
substantially the form
py approved in all
urchasers is hereby
DELIN. HARRIS, HELMICK. HEARTNEY d TESDELL. LAWYERS. DES MOINES. IOWA
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t?'' :.JORM MICRO_ LAB jr
1 CEDAR RAPIDS•DES MOINES
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August 16 , 1983
The City Council of Iowa City, Iowa, met in regular
session, in the Council Chambers, City Hall, Iowa City, Iowa,
at 7:30 o'clock P.M., on the above date. There were present
Mayor Mary Neuhauser_ , in the chair, and the following
named Council Members:
Neuhauser, Perret
Absent: None
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AHLERS. COONEY. DORWEILER, HAYN IES SMITH. LAWYERS. DES MOINES. IOWA
MICROFILMED BY
JORM VICROLAB s
`.CEDAR RAPIDS -DES �HOINt3,-7
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PART 2
Council Member.Lynch introduced
the following Resolution and moved its adoption. Council
Member Dickson seconded the motion to adopt. The
roll was called and t e vote was,
AYES: Erdahl, Balmer, Dickson, Lynch,
McDonald, Neuhauser, Perret
NAYS: None
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Whereupon the Mayor declared ,the following Resolution duly
adopted: 83-266 I i
RESOLUTION ORDERING BIDS, APPROVING PLANS, f
SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE
TO BIDDERS, FIXING AMOUNT OF BID SECURITY,
AND ORDERING CLERK TO PUBLISH NOTICE AND j
FIXING A DATE FOR RECEIVING SAME, AND FOR A I
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT AND'ESTIMATE OF COSTS
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, l
IOWA:
That the 1983 Paving Improvements (Lyon's 2nd Addition),
is hereby ordered to be advertised for bids for construction.
BE IT FURTHER RESOLVED that the detailed plans and speci-
fications as prepared by the City Engineer, Engineer, for the
project, for the construction of the 1983 Paving Improvements
(Lyon's 2nd Addition), and the form of contract and Notice to
Bidders, as approved by the Attorney, be and the same are
hereby approved, subject to hearing thereon, and are hereby
ordered placed on file in the office of the Clerk for public
inspection.
BE IT FURTHER RESOLVED, that the amount of the security to
accompany each bid shall be in an amount which shall conform
to the provisions of the notice to bidders hereby approved as
a part of said specifications.
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ANLERs. GOONEY. DORWEILER. HAYNIE a SMRN. LAWYERS. OLS MOINES. IOWA
1407 I407
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BE IT FURTHER RESOLVED, that the Clerk be and is hereby
directed to publish notice to bidders once in the Iowa City
Press -Citizen, a legal newspaper, printed wholly in the
English language, published at least once weekly and having
general circulation in this City. Publication shall be not
less than four clear days nor more than twenty days prior to
�a"+�* 7 1983, which latter date is hereby fixed as
the date for receiving bids. Said bids are to be filed prior
to 10:00 o'clock A .M., on said date.
Bids shall be received and opened at a public meeting as
provided in the public notice and the results of said bids
shall be considered at the meeting of this Council on
}- September 13 , 1983, at 7.30 O'clock
BE IT FURTHER RESOLVED, that the Clerk be and is hereby
directed to publish notice of hearing once in said newspaper,
-said publication to be not less than four clear days nor more
than twenty days prior to the date hereinafter fixed as the
date for a public hearing on the plans, specifications, form
Of contract and estimate of costs for said project, said*
hearing to be held at �_ o'clock p M. on AugU t a2
1983. ,
PASSED AND APPROVED this 16th day of _ August
1983.
Mayor ,-
ATTEST:
Clerk
AHLCRS. COONEY. LIOI 'R. HAYNIE A SMITH. LAWYERS, DEE MOINES. IOWA /4��
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RESOLUTION NO. 83
-267
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF
THE LINN STREET IMPROVEMENTS PROJECT
WHEREAS, Metro Pavers, Inc.
has submitted t e best bid of 202,396.35
above-named project. for the construction of th
IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
hereby awarded to I. That the contract for the construction of the above-named
insurance
cert conif
ficatesonethat awar tro gee nsecure a equate performance bond,
theproject is
insurance certificates, and contract compliance program statements.
2. That the Mayor is hereby authorized to sign and the City Clerk to
attest the contract for the construction of the above-named project, subject
to the condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements.
It was moved by Balmer
the resolution as read be a opte an uaon rollnd call were:
, p —� tha t
AYES: NAYS: ABSENT:
x Balmer
x Dickson
-2L Erdahl
-x Lynch
x McDonald
-� Neuhauser
- �- Perret
f
Passed and approved this
16th day of Ail nisi-
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- MAYORi
ATTEST:�"aCITY CJ
LERK
NICRCFILMED BY
!JORM MICROLAB f
CEDAR IRAPIDS-DES-MOINES
ROCalvad & Approved
BY T Leal D p. of
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SO
RESOLUTION NO. 83-268
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE AND CITY CLERK
TO ATTEST THE ATTACHED CONTRACT WITH THE JOHNSON COUNTY
CHAPTER, AMERICAN RED CROSS.
WHEREAS, the City Council of Iowa City, Iowa, deems it in the public
interest to respond to community disaster and emergency needs, and
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WHEREAS, the Johnson County Chapter of the American Red Cross conducts
programs to respond to such needs and has made an emergency request to the
j Council, and
WHEREAS, the City of Iowa City is empowered by State law to enter into
contracts and agreements, and
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WHEREAS, the Johnson County Chapter of the American Red Cross is a non-
profit corporation organized and operated under the laws of the State of
E Iowa, and
WHEREAS, the City of Iowa City and the Johnson County Chapter of the
i American Red Cross have negotiated a funding agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
i that the Mayor be authorized to execute and the City Clerk to attest said
I agreement.
It was moved by_ y,ynch and seconded by Dickson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
` X Balmer
X Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 16th day of August 1983.
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MAYOR
ATTEST: Il7oLQ�aa )
COY CLERK
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Recelved A Approved
By Tho Legal �D�e�atfmnl
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AGREEMENT
This Agreement was made and entered into on thelfi}h day of a„m,Gr
1983, by and between the City of Iowa City, Iowa, a municipal corporation,
hereinafter referred to as the "City," and the Johnson County -Chapter,
American Red Cross, hereinafter referred to as the "Johnson County Red
Cross."
This Agreement shall be subject to the following terms and conditions, to -
wit:
1. The Johnson County Red Cross shall not permit any of the following
practices:
a. To discharge from employment or refuse to hire any individual
because of their race, creed, color, national origin, religion,
age, sex, marital status, sexual orientation, or disability.
b. To discriminate against any individual in terms, conditions, or
privileges of employment because of their race, creed, color,
national origin, religion, age, sex, marital status, sexual
orientation, or disability.
2. The Johnson County Red Cross shall not deny to any person its
services on the basis of race, creed, color, sex, national origin,
religion, age, marital status, sexual orientation, or disability.
I. SCOPE OF SERVICES
The Johnson County Red Cross agrees to provide services to alleviate
suffering caused by natural or man-made disasters by providing
immediate and long-term assistance to disaster victims in Johnson
County. This includes offering, when personal resources are not
available, immediate assistance of shelter, food, clothing, and need
of medicines to an estimated 150 to 200 Johnson County disaster
victims. It also includes maintaining a program of pre- and post -
disaster education to assist the residents of Johnson County with
disaster self-help. Services will also include providing
instruction in First Aid in order to promote personal safety and
health awareness to an estimated 1,000 people, and to provide
cardiopulmonary resuscitation (CPR) techniques to an estimated 1,200
people. Details of the services to be provided are included in the
Johnson County Red Cross Program Information and Goals and
Objectives Statement for FY84.
II. FUNDING
The City of Iowa City shall pay to the Johnson County Red Cross the
sum of $3,000 in FY84 with the agreement that these funds shall be
allocated toward the disaster and safety services programs of the
Johnson County Red Cross.
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III. GENERAL ADMINISTRATION
A.
The City will transfer the funds to the Johnson County Red Cross
be
in quarterly payments of $750 each. The first payment will
of this agreement.
made on August 31, 1983, after the signing
will be made on the 15th of the month
MICROFILMED BY
�JORM MICRO_ LAB
Subsequent payments
following the end of each quarter, upon receipt of quarterly
reports (October 15, January 15, April 15).
B.
The Johnson County Red Cross Director will submit monthly Board
minutes, quarterly program reports, and an annual program
the mot followingend
report to the City, due the 15th of the
of each quarter (October 15, January 15, AprilY )•
C.
The Johnson County Red Cross will provide to the City an annual
a accounting of funds, due the
accounting report and quarterly
15th of the month following the end of each quarter.
D.
For the purposes of this agreement staff will be considered
employees of the Johnson County Red Cross and any fringe
shall be through the said Johnson
benefits received by the staff
County Red Cross. The employees and agents of the Johnson
County Red Cross shall comply with personnel policies
formulated by its Board of Directors.
E.
The Johnson County Red Cross shall maintain in full force and
executed by a
effect a comprehensive liability insurance policy
company authorized to do business in the State of Iowa, in a
limits of such a
form approved by the City Manager. The minimum
policy shall be as follows:
to cover the insured liability for personal injury or
death in the amount of $300,000 and for property damage of
$25,000.
The failure of the Johnson County Red Cross to maintain such a
immediate
policy in full force and effect shall constitute
termination of this agreement and of all rights contained
herein.
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F.
The Johnson County Red Cross agrees to defend, indemnify and
its officers,
save harmless the City of Iowa City, Iowa,
employees, and agents from any and all liability or claims of
damages arising under the terms of this agreement or for any
County Red Cross staff,
wrongdoings caused by the Johnson
including but not limited to injuries to persons or property
served by or coming into contact with the Johnson County Red
Cross.
G.
This contract may be terminated upon a 30 day written notice by
either party.
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IV. DURATION
This ne 30, 1 84c,Iexcept as provided byce uon execution theand shall
terminate onJun
V. ASSIGNMENT
This agreement may not be assigned without written agreement of the
parties.
FOR THE CITY OF IOWA CITY, IOWA:
MA Y C. UHAUSER, MAYOR
ATTEST:
MA A K.K. KARR, C TY CL°RC K
Reedved B Approved
By The Legal Department
• Le
FOR THE JOHNSON COUNTY CHAPTER,
AMERICAN RED CROSS:
ATTEST:
NAME
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�Y� �✓//��
W2/i#,ee4r
TITLE
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RESOLUTION NO. 83-269
RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO
ATTEST, THE FY84 AGREEMENT FOR ADVANCE FUNDING OF FEDERAL TRANSIT
ASSISTANCE USING STATE USE TAXES.
WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents
with a public transportation system, and
WHEREAS, the City wishes to continue its current level of transit service, and
WHEREAS, the State of Iowa Department of Transportation and the United States
Department of Transportation both offer capital and operating assistance to
local governmental units for their public transportation systems, and
WHEREAS, Senate File 531, 1983 Session, 70th General Assembly of the Iowa
Legislature, the appropriation bill for the Iowa DOT, contains a section which
transfers $1.0 Million from the vehicle use tax to public transit assistance for
the purpose of advance funding of Federal Transit Assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor be
directed to sign, and the City Clerk to attest, the FY84 Agreement for Advance
Funding of Federal Transit Assistance using State Use Taxes.
It was moved by Lynch and seconded by perret
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 16th day of August 1983.
MAYOR
ATTEST: }ileo �n J 9S Q Ur )
CITY CLERK
loolved A Approved
Ey the Lugol Dcpadmnt
N 'MICROFILMED V 4
IJORM MICROLAB I
CEDAR RAPIDs•DES MOINESr
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MEMORANDUM ��
Date: August 8, 1983
To: City Manager and City Council
From: Jeff Davidson, Assistant Transportatip Planner.
Larry McGonagle, Transit Manager
Re: Advance Funding of Federal Transit Assistance Using State Use
Taxes
At the August 16, 1983, City Council meeting you will be asked to pass a
resolution authorizing participation by the City in the "Advance Funding
of Federal Transit Assistance Using State Use Taxes Program." An explana-
tion of this program is as follows:
This year the Iowa Public Transit Association (IPTA) lobbied heavily for
the State Legislature to increase its funding of State Transit Assistance
above the $1.9 million mark it has been at for several years. What the
Legislature instead agreed to do is take $1 million in vehicle use taxes
and distribute it among Iowa transit systems, with the stipulation that
the funds be repaid in FY85 using Federal transit assistance funds. IPTA,
although this is not what they had hoped to accomplish, agreed to back the
program because:
1. It gets the Legislature off the $1.9 million funding mark for State
Transit Assistance.
2. There is a slim hope the Legislature will forgive the loan.
3, The Legislature may be more favorably disposed to increase future
allocations of State Transit Assistance if transit systems appear
anxious to receive these funds.
So essentially what Iowa City gets from this program is a 1 -year interest-
free loan of transit funds which can be invested or used to make an
advance purchase of some item, such as a future fuel contract. With the
added possibility that the loan could be forgiven, we recommend the City
take advantage of this program. At present the plan is to use this money
for Operations in FY84. An equal amount will be deducted from the FY84
budget and placed in the Transit Equipment Reserve.
Feel free to contact us if there are any questions regarding this matter.
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i Resolution be adopted, and upon roll call theresecowere:nded by Diekcon the
AYES: NAYS: ABSENT:
! X Balmer
X Dickson
-7L Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this J 16tb day of Aum , 1983. �
MA OR —
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ATTEST:
6111 CLERK '
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Re"IvOd $ Approved
BY�Tha Ie 8 0 0 Brbmnt
,D.MICROFILMED BY
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:CEDAR RAPIDS -DES MOINES
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RESOLUTION NO. 83-270
RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO IMPLEMENT AN
EKTERIOR PAINTING 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 funds from the "Jobs Bill"
Community Development Block Grant to
engage in an Exterior Painting
Program within the City of Iowa City, and
WHEREAS, said program involves grants as a method of financing exterior
painting.
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THEREFORE, the said program requires an operational manual known as the
Exterior Painting Program.
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HENCEFORTH, a copy of the operational manual for said program for the City
of Iowa City is
attached and by this reference is made a part of this
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the City Council
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has approved the above program, program
manual, and methods of financing and authorizes its implementation
as
outlined in the Exterior Painting Program Manual.
N It was moved b I
i Resolution be adopted, and upon roll call theresecowere:nded by Diekcon the
AYES: NAYS: ABSENT:
! X Balmer
X Dickson
-7L Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this J 16tb day of Aum , 1983. �
MA OR —
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ATTEST:
6111 CLERK '
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Re"IvOd $ Approved
BY�Tha Ie 8 0 0 Brbmnt
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EXTERIOR
PAINTING
PROGRAM
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' CEDAR RAHDS•bES M01N6-' r
PREPARED BY:
DEPARTMENT OF HOUSING
AND INSPECTION SERVICES
JULY 1983
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Chapter 1.
Chapter 2.
Chapter 3.
Chapter 4.
Chapter 5.
Chapter 6.
Chapter 7.
Chapter 8.
Chapter 9.
Chapter 10.
Chapter 11.
Chapter 12.
Exhibit A
TABLE OF CONTENTS
General
Project Financing and Eligible Project Costs
Cost Includable in Exterior Painting Grants
Exterior Painting Grants
Processing & Submissions Procedures
Terms & Conditions Under which Exterior Painting Grants
are made
Funding of Individual Grants & Management of Accounts
Determining Work to be Done with Exterior Painting
Grants
Contracting for Exterior Painting
Inspection of Exterior Painting
Applicant's Income
Grievance Procedure
General Specifications for Exterior Paint Program
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CHAPTER 1. GENERAL
1. LEGAL AUTHORITY FOR EXTERIOR PAINTING PROGRAM. Grants to perform exterior
painting of owner -occupied single-family residential structures (and
garage if one exists) located in the City of Iowa City are authorized by
City Council utilizing assistance under Title I of Public Law 98-8 (the
"Jobs Bill") and the Housing & Community Development Act of 1974, as
amended.
2. DEFINITIONS. Following are definitions of various terms as used with
respect to exterior painting grants.
a. Disabled. For the purposes of this program a person shall be
considered disabled when that person receives social security
disability compensation or disability compensation from other public
assistance organizations.
b. Elderly. For the purpose of this program it shall mean any one or
more of the property's title holders who is sixty (60) years of age or
older.
C. Family. The applicant's family includes the applicant and any other
person or persons related by blood, marriage or operation of law, who
share the same dwelling unit.
d. Liquid Assets. Property that can be readily converted into cash
without appreciable loss in value such as: savings accounts, and/or
stocks and bonds. Equity in the dwelling to be painted or a motor
vehicle when used for transportation to and from employment or school
is not considered when computing liquid assets.
e. Owner. Means one or more natural persons who hold title to a property
or has purchased on a contract and had possession for at least one
year prior to application.
f. Owner -Occupied Property. A property occupied by the owner that it is
USE d entirely for residential purposes and that contains only one
dwelling unit.
g. Paint Cost. "The approved total cost of exterior painting incurred by
the grantee that are includable in a painting program, whether or not
financed in part with funds from other sources.
h. Housing Rehabilitation Officer. An employee of the City's Department
of Housing and Inspection Services charged with the duties of
administering the specific aspects of exterior painting.
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CHAPTER 2. PROJECT FINANCING AND ELIGIBLE PROJECT COSTS
1. GENERAL. This chapter covers City Council provisions required for the
making of exterior painting grants, sources of funds to be used for making
grants, and the costs in connection with exterior painting grants that are
eligible projects costs.
2. PROJECT FINANCING. Exterior painting grants may be made only if there
exists a City Council resolution approving the area for exterior painting
grants and a sufficient appropriation of funds to finance said grants.
a. Inclusion of Grant in Proiect Budoets. The amounts for exterior
painting grants shall be included in the Community Development Block
Grant (CDBG) budget as approved by the City Council.
b. Source of Funds for Exterior Painting Grants. Funds to cover an
approved exterior painting grant shall be provided by the City from
project funds in accordance with the procedures established herein.
3. ELIGIBLE PROJECT COSTS. The costs described below, related to the
processing of exterior painting grants are eligible project costs in a
neighborhood as approved by the City Council. Provision shall be made for
these eligible project costs in the budget which is appropriate for the
I 'program involved.
a. City Overhead and Third -Party Contracts. The following costs
incurred in the processing and administering of exterior painting
grants are eligible project costs, to the same extent as costs
incurred for other eligible CDBG project activities.
(1) Costs incurred under contracts or agreement with organizations,
firms, and individuals for technical, professional, and legal
services (in lieu of providing such services by the use of
regular City staff). Contracts and agreements for the provision
of technical, professional, or legal services must meet the City
requirements for the third -party contracts as to form and
methods of solicitation and execution, and shall be concurred in
by the Legal Department and the City Council.
b. Other Costs Related to Grants. With the exception of those costs set
forth in paragraph 3.a. above, there are no other costs related to the
processing of an exterior paint grant application that may be included
as eligible project costs.
C. Advancing Funds for Includable Costs. As necessary, the City shall
advance project funds to pay for advertisement and mailing and
printing of notices.
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CHAPTER 3. COST INCLUDABLE IN
1• GENERAL. An exterior EXTERIOR PAINTING GRANTS
a side of the structure painting grant may be made when approximately
paint. Upon cst (include arage if one exists ive,,el of
Iowa City Housing Code stanof ard for painting' the structure and has Active" peeling
protection of exterior age must pass the
2• INCLUDABLE COSTS.includable
wood surfaces.
costs o—� the
Costs
in ementseointan Iowa exterior
Painting grant are the
for protection of exterior wood surfaces
Paint ro stain Y Housing Code standard
, as appropriate. Other includable
a. are:
ing Cau king materials,
a• Correction of an
meet the Iowa Cl deteriorated wood on structure.
wood Y Housing Code standard for When necessary to
, an exterior painting protection of
exterior
for: 9 grant may be used, to the extent necessary
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The repair, replacement or removal
structure, including but not
Porch work. of wood elements of the dwelling
limit to siding, soffit, fascia
and
b• Re lacement of broken lass and cracked sections of
exterior painting grant ma utt '
of glass on the structure as Provide for the caulking An
necessary. 9 and replacement
C. ReQorting Requirements.
identify peeling The property Inspectionreportshould
establish the basispforp broken glass and
painting Providing for corrective work intthe ewood xterior
g grant.
d• Wa es and paintin I Materials for
Contractor those Em to ed b
Perfrmthe pai�tgnges of those persons employed to asu tin
necessary to proper j are includable, as are the supervise and
be the established rly Perform the wage. The minimumwage
ng materials
9e Paid shall
3• COSTS NOT INCLUDABLE.
exterior paintin Except as otherwise provided in this section, an
g grant shall not provide for:
a• New construction
structure , substantial reconstruction, •expansion
or the finishing of unfinished spaces• of the
b• Materials, fixtures, or equipment of a type or quality which exceeds
that customarily used in the locality for properties
general type as the property to be Painted, of the same
C. Appliances.
d• Acquisition of land. I
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CHAPTER 4. EXTERIOR PAINTING GRANTS
1. GENERAL. This chapter sets forth the eligibility requirements in regards
to the property and the applicant for an exterior painting grant.
Grants are available to all eligible owher-occupants of single family
residential properties which are located in the neighborhoods designated
by the City Council.
2. APPLICANT ELIGIBILITY. To be considered for an exterior painting grant,
the applicant must be in compliance with the following criteria:
a. Be the owner -occupant of a single family dwelling which is located in
the City Council designated neighborhood service area.
b. Be eligible for the exterior painting grant determined on the basis of
the following income and asset limitations:
(1) Maximum Income. Have an adjusted annual household income which
does not exceed:
$16,000 for a 1 person household
$18,300 for a 2 person household
$20,600 for a 3 person household
$22,900 for a 4 person household
$24,300 for a 5 person household
$25,750 for a 6 person household
$27,150 for a 7 person household
$28,600 for an 8 or more person household
(2) Have Liquid Assets not in excess of:
(a) applicant under 60 years of age or who is not disabled:
$10,000 for a 1 person household
$15,000 for a 2 person household
$20,000 for a 3 or more person household
(b) Applicant over 60 years of age or who is disabled:
$25,500 for a 1 person household
$30,000 for a 2 or more person houehold
(3) Monthly Income Considerations
(a) The Housing Rehabilitation Officer will collect and report
the following Rn2Ls monthly income data:
(1) Base pay for head of household, spouse, other family
members.
(2) Any other earnings (other jobs, etc.).
(3) Gross income from property being painted (gross income
from roomers, garage rental, etc.).
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(4) Any other income source (interest, etc.).
(5) Income from social security, pension, annuities,
general relief, ADC.
(b) The Housing Rehabilitation Officer will then ad.iust
downward the income of the household by deducting:
(1) 10% of 2. b. (3) (1 - 4) above for Federal, State and
local taxes and
(2) 25% of 2. b. (3) (5) above for fixed income
consideration.
(3) $25 for each child under 18 years of age or a full time
student dependent residing in the home to be painted.
3. LIMITATION ON THE AMOUNT OF GRANT. The amount of an exterior painting
grant that an applicant may receive shall be limited by the following:
For an applicant whose income and liquid assets are in accord with the
established formulas, the grant amount shall not exceed the lesser of:
a. The actual (and approved) cost of the repairs necessary to make the
property conform to the Iowa City Housing Code standard for protection
of exterior wood surfaces and the painting standards as indicated in
Exhibit A. The amount shall be established in accordance with this
manual, or
I L'
b. $2,500 exterior painting grant for a one-story house, or I
C. $4,000 exterior painting grant for a two-story house.
When complex work is required to prepare the surfaces for painting, the
total cost may exceed the maximum cost of a two-story house by 25%.
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CHAPTER 5. PROCESSING AND SUBMISSIONS PROCEDURES
GENERAL. This chapter contains an outline of the functions to besperformed
Ey 'the staff in connection with an exterior painting grant, staff in preparing,
orth
the policies and procedures
rovin r an application tion wed by for an exterior painting grant,
processing, and approving
and in canceling an approved grant.
functions
OOOF Sithe staff iOnNconnectiondwithlan exterior painting grant•to be
beow are the
performrform ed by
a• Advise applicant on the general program objectives and explain the
application form which must be completed in full.
b. Advise the applicant on the availability and benefits of an exterior
painting grant and other City and private programs and resources for
financing home repairs.
the applicant for an exterior painting
C. Determine the eligibility of
grant.
Cl. Inspect the property. painting
cost estimate of the exterior p 9
e. Prepare a work write-up and
needed.
f, Obtain evidence that ownership of the property has been verified.
eidene tat
e stff
This may include the property deed
ubl�vecordsvthatcthehappllicantais
has received verification from pc
the owner of the property.
g. If the applicant is occupant -purchaser undbilatland sales contract,
obtain a bona fide document to support elig' Y.
h. Verify applicant's income and assets.
i• Determine that work items in work write-up conform to purposes for
which grant can be used.
j. Advise and give the applicant a copy ca the conditions under which a
e t
grant is made. Also, advise applicantsa'n�en h rant he option of
obtaining their own bids for the exterior p g 9
file
k. Approve applicationtfoif allhen has ten r(10)rwarkingeuiementsadayseto btainre mt. Assinaavalid
number. Applicant
bid if they wish to obtain their own bids.
1. Bid out individual exterior painting projects in a group bid.
M. Award contract(s) to lowest bidder(s).
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n. Issue proceed to work order.
o. Make final inspection of completed exterior painting.
p. Have owner obtain from contractor warranty of exterior painting.
q. Issue Form CDR -7945, Certificate of Completion.
r. Prepare Statement of Disposition of Funds.
S. Closeout finance records.
3. PROCESSING AND APPROVAL OF GRANT APPLICATION. Processing by the staff of
an application for an exterior painting grant consists of the completion of
the functions listed below, items a. through c., assembly in one file of
the Form CDR -7960 and all supporting documents, and the review of the file
to determine approval.
a. Pre aration Form. The staff shall prepare Form CDR 7960 (original
and one copyof for the applicant, based on information furnished by the
applicant and obtained by the staff from other sources, as documented
in the file. Every space provided for an entry on the Form shall be
completed. Entries of money amounts shall be made rounded to the
nearest dollar. If no money is involved for an entry for a particular
application, the entry shall be "none." Review and approval by the
Director of Housing and Inspection Services of Form CDR -7960 shall be
based on the form completed in this manner.
b. Applicants Purchasing Under a Land Sale Contract. If an application
for an exterior paint grant is with respect to an occupant -buyer under
a land sales contract or similar arrangement, the file shall contain
documentation to support the requirements of land sales contract,
including a one (1) year minimum occupancy.
C. 8"roval Sery
of Application for Grant. The Director of Housing and
Inspection ices shall approve a form CDR 7960 by obtaining the
applicant's signature in block G and by signing block H, on both the
original and the copy of the form. If the grant alone is sufficient
to paint the property, or if the grant is to be supplemented by other
funds and the staff is assured that the property. will be painted to
meet the Iowa City Housing Code standard for protection of exterior
wood surfaces and the painting standard as indicated in Exhibit A, the
grant is considered to be approved, and the staff may notify the
applicant, and proceed with the remainder of the functions for which
it is responsible in order to complete the painting.
d. Grants Not Approved. If the staff determines that Form CDR 7960
cannot be approved, a written statement of the reasons for the
determination shall be put in the application file. An application
number shall not be assigned to Form CDR 7960 if it is not approved.
e. Record Kee in . The originals of the completed approved Form CDR 7960
and contract s) shall then be retained in the property file with the
supporting documentation.
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4. GRANT CANCELLATION. An approved grant may need to be cancelled because the
applicant has requested cancellation or is unwilling or unable to proceed
with the exterior painting or for other reasons.
a. Cancellation Letter. To cancel an approved grant, the staff shall
prepare a letter in accordance with Appendix 1, and distribute the
letter as follows:
1. Original to applicant.
2. One copy to the property application file.
b. Notification to Finance. If funds for the canceled grant have been
transferred into the grant account, the staff shall notify the Finance
Department to return the amount originally deposited back to the
administrative account.
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CHAPTER 6. TERMS AND CONDITIONS UNDER WHICH
EXTERIOR PAINTING GRANTS ARE MADE
1. GENERAL. This chapter sets forth City requirements with respect to terms
and conditions to which an applicant must agree in order to obtain an
exterior painting grant.
p. GRANT CONDITIONS. The specific terms and conditions with respect to an
exterior paint grant are incorporated in Form CDR 76318. The applicant
shall agree, and by signing Form CDR 76318 does agree to:
a. Civil Rights. Comply with all applicable City requirements with
respect to Title VIII of the Civil Rights Act of 1968 and the City's
Non -Discrimination Ordinance, Chapter 18, to not discriminate upon
the basis of race, color, religion, creed, sex, sexual preference,
national origin, marital status, age or disability in the use of the
subject property. The applicant further agrees to utilize the City's
Women and Minority Business Enterprise Directory when the
responsibility for obtaining the contract is taken on by the
applicant.
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b. Cancellation of Grant. Return of the grant proceeds with no right,
interest or claim in the proceeds, if the grant is cancelled before
the painting is started.
C. Use of Proceeds. Use the grant proceeds only to pay for costs of
v
services and materials necessary to carry out the painting work for
which the grant will be approved. j
d. Completion of Work. Assure that the painting work shall be carried
out promptly and efficiently through written contract let with the
prior concurrence of the City. ;
e. Inspection. Inspection by the City or its designee of the property,
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the painting work, and all contracts, materials, equipment, payrolls,
and conditions of employment pertaining to the painting.
I
f. Records. Keep such records as may be required by the City with
respect to the painting work.
g.
Mn��ible
he applicant shall agree to repay the full amount
amoun as determined
ofheincorrect if horapfraudulant
information on the approved Form CDR 7960.
h. Interest of Certain Federal Officials. Not permit any Member, or
elegate to the Congress of the United States, and no Resident
Commissioner, to share in any proceeds of the grant, or in any benefit
arising from the same.
i. Bonus Commission, or Fee. Not pay any bonus, commission, or fee for
the purpose of obtaining the City approval of the grant application,
or any other approval or concurrence required by the City or its
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designee to complete the painting work, financed in whole or in part
With the exterior painting grant.
j• Interest of the City. Allow no member of the governing body of the
City of— I�ty, and no other public official of the locality who
exercises any functions or responsibilities in connection with the
administration of the federally assisted project or program, and no
other officer or employee of the City who exercises such functions or
responsibilities to have any direct interest in the proceeds of this
grant, or in any contract entered into by the applicant for the
performance of work financed, in whole or in part with the proceeds of
the exterior painting grant.
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CHAPTER 7. FUNDING OF INDIVIDUAL GRANTSNAMNONTSAM
GENERAL. This chapter sets forth policies for funding the individual
grants and also the policies for City management of grant funds.
FUNDING EXTERIOR PAINTING GRANTS. When an application for financial
assistance has been processed and approved, the staff shall enter the total
amount of assistance in the program account ledger as encumbered monies.
The staff must be certain that adequate funds are budgeted and uncommitted
before processing applications for grants. Program budgets will be
established annually by the City Council according to
federal funding availability and policies. local, state and
paintiing programfunds, prwatALIOUNT
e and public, shall be deposited in a
non-interest earning bank account. Accounting records will be maintained
to keep private funds separate from other City funds.
a. Separate Case Numbers for Each Program Participant. The Rehabilita-
tion Officer will assign case numbers to each program applicant that
has been approved.
b. Disbursements of Paint' Funds. Disbursements from exterior
painting funds will be authorized by the Director of Housing and
Inspection Services. A check request will be prepared and submitted
to the Department of Finance properly identifying the case number and
expenditure. The Rehabilitation Officer will maintain a file of all
invoices and receipts. The Department of Finance will prepare a
check, as directed, payable to the applicant/borrower and the
payee/contractor for the following purposes, as may be appropriate:
(1) Make payments for exterior painting.
C. Transmittal of Checks. The Rehabilitation Officer shall secure the
endorsement of the applicant on checks payable to the applicant and
the payee. The Rehabilitation Officer shall transmit the endorsed
check to the payee.
d. Dis utes. In the event a dispute exists between the applicant and the
contractor with respect to the painting work, the Rehabilitation
Officer shall take appropriate action in accordance with the
Provisions of the painting contract to assure that the contract is
satisfied before making any payment to the contractor.
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CHAPTER 8. DETERMINING WORK TO BE DONE WITH EXTERIOR PAINTING GRANTS
1. GENERAL. This chapter sets forth the responsibilities of the Rehabilita-
tt no Officer for determining the exterior painting necessary to bring a
property into conformance with the Iowa City Housing Code painting
standards. In carrying out these responsibilities, the Rehabilitation
Officer shall:
a. Inspect the property.
b. Make a preliminary work write-up and cost estimate of the exterior
painting to be done.
C. Consult with and advise the owner on the work to be done, and the
availability of an exterior painting grant.
2. PROPERTY INSPECTION. The Rehabilitation Officer shall inspect the
property and prepare an inspection report. The inspection report prepared
in this manner will later serve as the basis for preparing a work write-up
and cost estimate.
3. WORK WRITE-UP AND COST ESTIMATE. A work write-up and cost estimate is a
statement prepared by the Rehabilitation Officer based on the property
inspection report that itemizes all the exterior painting to be done on the
property, and includes an estimate of the cost. The cost estimate shall be
reasonable and shall reflect actual costs prevailing in the locality for
comparable work.
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CHAPTER 9. CONTRACTING FOR EXTERIOR PAINTING
1. INTRODUCTION. This chapter sets forth requirements and procedures with
respect to construction contracts for exterior painting financed through
an exterior painting grant. Painting work shall be undertaken only through
a written contract between the contractor and the recipient of the grant.
a. Form of Contract. The construction contract shall consist of a
single document signed by the contractor and accepted by the
homeowner, only following approval of the painting grant. It shall
contain a bid and proposal by the contractor.
b. Procurement of Bids. An acceptable contractor's bid and proposal
must be obtained before the Director approves Form CDR -7960 for the
painting grant.
2. GENERAL AND SPECIAL CONDITIONS. The Rehabilitation Officer shall prepare
general and special conditions" for use in all construction contracts for
the exterior painting of the property.
3. SPECIFICATIONS AND DRAWINGS. Specifications, based on the work write-up
and illustrative sketches, if any, covering the specific exterior painting
for each property on which a painting grant will be made shall be prepared
by the Rehabilitation Officer or contractor. Drawings shall be prepared
only when essential to show the scope of the work involved so that a fair
bid for the work can be obtained, and to avoid misunderstandings with the
bidder. The specifications and drawings shall be based on the work write- !
up resulting from an inspection of the property and interviews, as
indicated, with the applicant. The specifications shall clearly establish
the nature of the work to be done, the materials to be used, and equipment
(if any) to be installed. Each page of the specifications and drawings
shall be numbered and shall contain identification that includes the name,
address of owner, and the date of the specification.
4. OBTAINING CONTRACTORS' BIDS AND PROPOSALS. The Rehabilitation Officer
shall establish and, on the basis of his/her experience, maintain a current
listing of contractors, subcontractors, and materials suppliers who are
qualified to perform, and are interested in doing exterior painting work
financed through a grant. The listing may be based on the experience of
the staff, experience of property owners and others, information obtained
from banks, credit, and trade associations, FHA Insuring Office, and other
information available to the staff. While the list, in a limited way, may
serve the purpose of prequalifying bidders, it shall not be used as a means
of excluding bidders who are not on the list at the time the submission of a
bid and proposal is in order.
5. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL.
a. Contractor Selection. The owner shall be asked if he/she would like
to bid out the painting work of his/her property. If the owner does
not wish to bid out the painting work, the City staff shall secure
individual bids for the painting work as part of a group bid.
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b. Bid Review. Upon receipt of the bid proposals from the bidding
contractors, the City staff shall review each bid for completeness and
accuracy making special note to assure that the specifications have
been adhered to.
C. Acceptable Bid. An acceptable bid is one that upon review under 5.b.
above, is not in excess of 10% of the Rehabilitation Officer's
estimate. Where two or more bids have been obtained, the lowest
acceptable bid shall be recommended to the owner for approval. In the
event no acceptable bids are received, the homeowner shall reject all
bids and the City shall repeat the bidding process.
6. AWARD OF PAINTING CONTRACT. The contract shall be awarded by having the
applicant for the grant properly execute the contract with the assistance
of the Rehabilitation Officer.
a. Issuance of Proceed Order. At the time the award is made, the
Rehabilitation Officer shall remind the applicant and the successful
contractor that the undertaking of the work covered by the contract is
subject to issuance of a proceed order, within the number of days
stated in the general conditions of the contract from the date of the
award. Upon award of the contract, the City shall notify unsuccessful
bidders that they have not been awarded the contract.
b. Award within 30 days of Cutoff Date. In order for the bid and
proposal to be binding, the award shall be made within a period of 30
days from the cutoff date established by the City for the receipt of
the bid and proposal, unless a later date is agreed upon in writing.
C. Contract Award. The award of a painting contract shall be
accomplished by the applicant executing the original and two copies of
the contract documents.
(1) Executed original retained by homeowner.
(2) Executed copy to contractor.
(3) Executed copy to the City of Iowa City in care of the Rehabilita-
tion Officer.
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CHAPTER 10. INSPECTION OF EXTERIOR PAINTING
1. GENERAL. This chapter sets forth the requirements for the inspection of
exterior painting financed in whole or in part with a grant.
2. RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitaton Officer shall
E inspections involving a painting grant. To accomplish this, the
Rehabilitation Officer shall make:
(1) One (1) compliance inspection to assure that the painting work is
being completed in accordance with the contract.
(2) A final inspection to determine that the exterior painting work has
been completed in accordance with contract.
3. INSPECTIONS FOR PAYMENT. Inspection of exterior painting shall be made in
accordance with the following:
a. Final Inspection. Upon completion of the exterior painting and
receipt of the contractor's invoice containing his/her certification j
of satisfactory completion of all the work in accordance with the
contract and his/her warranty, the Rehabilitation Officer shall
arrange for inspection of the completed work.
b. Making Final Payment. When the inspection determines that the work
is satisfactorily completed in accordance with the contract, the
homeowner shall obtain from the contractor a release of liens, and a '
copy of each warranty due the owner for the work. After receipt of a
release of liens, including releases from all subcontractors and
suppliers and a copy of each warranty, final payment shall be made.
The staff shall then prepare Form CDR -7945, the Certificate of Final
Inspection.
4. CERTIFICATION OF FINAL INSPECTION. After the Rehabilitation Officer
determines that the exterior painting has been satisfactorily completed
and the final inspection report obtained, the staff shall prepare a Form
CDR -7945 (original and one copy).
Distribution. Form COR -7945 shall be distributed as follows:
(1) Signed original to the property owner.
(2) Signed copy retained in the property file.
5. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work performed by the
contractor Is covered by a one-year guarantee but property owners are not
always aware that, for a period of one year, they may require the
contractor to correct significant defects and inadequacies in the work
performed under this contract. For this reason, the Rehabilitation Officer
shall inform the owner of the guarantee requirements in writing upon
completion of the contract.
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CHAPTER 10. INSPECTION OF
1• GENERAL. This chapter EXTERIOR PAINTING
exte for painting financedinwhole oreirequirementsrwith
a for the ins
2• RESPONSIBILITY FOR MAKING Part with a grant. inspection of
make inspections INSPECTIONS. The Rehabilitaton
Rehabilitation Officer shall make:
grant. To Officer shall
accomplish this, the
(1) One (1) compliance inspection to assure that the
being completed in accordance with the contract.
Painting work is
(Z) A final inspection to determine that the exterior
Painting work has
been completed in accordance with contract.
3• INSPECTIONS FOR PAYMENT.
accordance Inspection of exterior painting shall be made in
with the following:
a• Final Inspection
rece� t o��' Upon completion of the
P the contractor's invoice con the exterior Painting and
Of satisfactory completion of all the work gin accordance with
contract and his/her warranty, the Rehabilitation Officer shall
arrange for inspection of the completed work.
b. Making Final Pa
satisfactorilys irent. When the inspection determines that the work
homeowner shall obtain completed hinc contractor accordance with the
COPY of each warrant a release of liensand a
ct, the
release a y due the owner for the work. After receipt of a
suppliers and liens, COPY
releases from all subcontractors and
The staff shall then of each warranty, final
Inspection. prepare Form CDR -7985 payment shall be made.
the Certificate of Final
q• CERTIFICATION OF FINAL INSPECTION.
determines that the After the Rehabilitation Officer
and the final inspection
painting has been satisfactorilyCORCompleted
(original and one copy),
prepare a Form
Distribution
• Form COR -7945 shall be distributed as follows:
(1) Signed original to the property owner.
(Z) Signed copy retained in the property file.
5. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work
ONE-YEAR
is covered b
always aware that, y a one-year guarantee but Performed by the
contractor to correct
for a period of one property owners are not
performed under si nificant defects year, they may require the
shall this contract. For this reason, in the work
shalleti form theecontrr Of the guarantee Rehabilitation Officer
requirements in writing upon
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6. REHABILITATION OFFICER -OWNER -CONTRACTOR RELATIONS.
Rehabilitation Officer's Responsibility and Authorit :
The Rehabilitation Officer shall observe the work and will provide general
assistance during painting insofar as proper interpretation of the grant
requirements is affected.
The Rehabilitation Officer and owner shall decide, when necessary, any and
all questions which may arise as to the quality and acceptability of
materials furnished, work performed, interpretation ns and
specifications and all questions as to the acceptable fuof plans
of the
contract on the part of the contractor. lfi pl
The Rehabiliation Officer will not be on the construction site at all times
and as suor ch cannot be responsible for the acts or omissions of the
s/heees. For the same reason
homeowner ror the ityrof they contractor's work Performed, does not release
the contractor from the responsibility to Y the i
all contract specifications. Provide quality performance on i
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CHAPTER 11. APPLICANT'S INCOME
1. GENERAL. This chapter sets forth the basis for establishing an applicant's
income for the purposes of an exterior painting grant on a residential
property, and takes into account the variations applicable to different
types of applicants and properties, and special considerations related to
the type of project area in which the property is located.
2. TYPE OF APPLICANT. In order to make determinations with respect to
eligibility for a grant, an applicant is identified as an owner -occupant of
a single family dwelling unit. For purposes of determining an applicant's
income, an applicant must be identified as a person as defined below.
a. Person. The term "person" means one or more natural persons who
either hold legal title to, or occupy under a land sales contract, a
property to be painted.
3. SOURCES OF FUNDS AND AMOUNTS COMPRISING APPLICANT'S INCOME. The
following is a listing of the elements comprising income for purposes of a
painting grant. Exclusions from income applicable in special
circumstances are stated in paragraph 5 below.
a. Portion of Income Derived from Roomers. If the property contains
rooming units, that portion of an applicant's income that is derived
from roomers shall be reported on Form CDR -7960, block D, line 3, as a
gross figure:
b. 11
licant. The income of an applicant includes the income of the
applicant and his/her family. The applicant's family includes the
applicant and any other person or persons related by blood, marriage,
or operation of law, who share the same dwelling unit. If ownership
of the property rests in more than one person, the applicant is each i
owner and family. The applicant's income, therefore, is the sum of
the family incomes of all applicants. An applicant's income is
established on an annual basis, at the time of applying for a grant
and includes:
(1) The applicant's earnings.
(2) Spouse's earnings.
(3) Other family members living in the home, if their employment is a
definite characteristic of family life.
Excluded is the income of an adult family member, other than the
applicant and spouse, who does not have an ownership interest in
the property, but included are any funds contributed or paid to
the family, on a regular basis by an excluded adult family
member. (Such as room and board, rent, etc.)
Excluded are incomes of those under 18 or full-time students or
mentally or physically disabled children.
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(4) Other income regularly received by applicant or his/her family.
(5) Gross income from real estate, other than the property to be
painted and any other gross business income.
(a) Gross rental income.
4. REPORTING OF APPLICANT'S INCOME. The applicant's income shall be reported
on Form CDR 7960, Total Present Monthly Income of Applicant."
5. EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME.
a. Grants. Deduct the following amounts from gross income:
(1) $25 per child per month (child must be living in the home, under
18 years of age, or full-time student dependent).
(2) Deduct 10% of gross income for taxes (persons not retired or
disabled), OR see (3).
(3) Deduct 25% of retirement benefits, disability benefits, or
Social Security benefits.
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CHAPTER 12. GRIEVANCE PROCEDURE
1. Review Committee
a. Purpose. A Review Committee is hereby established to review the
complaint of any person aggrieved by the Department of Housing &
Inspection Services handling of the application for and processing of
said person for assistance under rehabilitation programs funded by
Community Development Block Grant funding. Procedures as set out
hereinafter are hereby established for the submission to and
disposition of grievances by Committee. The Committee shall function
in an advisory role and it shall make recommendations to the City
Manager. The City Manager shall receive and review the recommendation
of said Committee and respond within ten days of receipt.
b. Designation of Committee. The Housing Commission shall act as the
Review Committee. The Chair of the Housing Commission shall preside
at all meetings conducted by the Housing Commission while convened as
the Review Committee. In the absence of the Chair, the Vice Chair
shall preside. The meetings shall be conducted in a timely, orderly,
fair and dignified manner. All persons appearing before the Committee
shall have an opportunity to be heard. A quorum of the Housing
Commission must be present in order for the Housing Commission to be
convened as the Review Committee.
C. Power and Duties. The Committee shall have the following powers and
duties:
To review complaints of any persons aggrieved by determinations of the
Department of Housing & Inspection Services concerning:
-The sufficiency of his/her application for assistance;
-The eligibility of his/her application for assistance under the
project;
-The amount of the grant allocated or received by said person;
-The quality and appropriateness of the work designated to be done;
-The adequacy of the information and assistance concerning the project
which is furnished by the Department of Housing & Inspection Services.
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d. Standards. In exercising its powers and duties, the Committee shall
Fe -guided by the following standards:
1. Persons eligible for grants under provisions specified in
rehabilitation programs operated by the Department of Housing &
Inspection Services and funded by Community Development Block
Grant funding shall have full right to a grant to accomplish the
purposes intended by the applicable program within the
limitations specified therein,
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2. Eligible persons should be provided adequate assistance in the
determination of improvements that are needed and eligible and
technical assistance related to cost estimates, contract
negotiation and payment of contractors for work completed.
3. Service should be provided by the Department of Housing and
Inspection Services in such a way to assure that the administra-
tion of the program will not result in different or separate
treatment on account of race, color, religion, national origin,
sex, or source of income.
4. Eligible persons should be provided full information and
advisory services relating to the programs and the way in which
they may benefit from them.
5. Assistance to eligible persons should be provided as promptly as
possible within the priority guidelines established by the
programs and the time limitations of the staff assigned to the
program.
e. Staff. The Recording Secretary of the Housing Commission shall
provide secretarial services for the Housing Commission while
constituted as the Review Committee and shall assist in the
preparation of the agenda items for meetings.
2. PROCEDURE
a.Filing. The Committee's jurisdiction may be invoked by or on behalf
of any The
person by filing a grievance with the Review
Committee. A grievance must be filed at the Office of the City Clerk
for the City of Iowa City. Grievances shall be filed in a timely
manner and must be received � the City of Iowa City oithin one year
of final a ment by the City of rants in connection with aintin
work.—The communication of the action shall —bei n written form and
should contain a short, concise statement of the grievance and
explanation of action desired. The aggrieved person may seek the
assistance of the staff of the Department of Housing & Inspection
Services in filing of an action. No filing or processing fees shall
be required of any aggrieved person involving the Committee's
jurisdiction.
b. Notice. The Committee shall fix a reasonable time for hearing actions
and the Department of Housing & Inspection Services shall give notice
in writing of the time and place of the public meeting to the
aggrieved person. In no event shall the public hearing be held more
than 30 calendar days following receipt of the grievance at the Office
of the City Clerk. Recording Secretary of the Housing Commission
shall be responsible for coordinating and scheduling the public
hearing with the Chairperson of the Housing Commission. At the public
hearing, the aggrieved may appear in person, by agent or by attorney.
If a grievance is resolved prior to the date of the hearing, the
aggrieved party shall request in writing that the grievance be
withdrawn. The Committee shall forward its recommendation in writing
to the City Manager within ten (10) calendar days following the
Grievance Hearing.
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Exhibit A
General Specifications
for
Exterior Painting Program
Every structure that participates in the program must conform to the
following specifications.
Exterior Painting
I. Wash off heavy dirt accumulations from surface and trim of structure
(include garage if one exists) with a solution of trisodium phosphate
in water. Scrape all loose and flaking paint and sand to feather
edges. Prime paint all exposed wood with a non -lead oil based prime
Paint- Paint all existing surfaces and trim on structure and garage
with one coat latex exterior paint. All paint to be brush applied
(or airless sprayed upon approval) according to manufacturer's
specifications and be done
areas with drop cloths and pin a skillful manner. Protect adjacent
in
barricades.
Painting to include all exterior surfaces including doors, windows,
shutters, fascia, cornice, railings, handrails, columns and porch
work.
Color to be chosen by owner and recorded below for surfaces:
Manufacturer UO To F Name TNumber
Contractor s Initials Owner s In Mittals
Color to be chosen by owner and recorded below for trim:
Manufacturer Color Name Number
Contractor s Initials
Owner s Initlpls
NOTE: When metal is painted, a rust inhibiting metal primer shall be
used.
2. Replace any deteriorated wood on
structure.
If during the course of washing and scraping the structure the
Contractor finds deteriorated siding, soffit, fascia and porch work
material, it shall be replaced with new materials. Replacement shall
be same in size and style and be back primed before installing.
Rustproof nails shall be used. All work to be performed according to
the requirements of the City Code and be done in a skillful manner.
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3. When combination storm windows or screens are removed so windows can
be painted, the Contractor shall replace all broken glass and
deteriorated or cracked sections of putty on structure/garage and
reinstall.
a. Reputty
Remove all dried, deteriorated or cracked sections of putty
from all 1ites on all windows. Sweep clean and back putty with
a quality glazing compound in strict adherence to
manufacturer's printed directions regarding sash preparation
and product application.
b. Reglaze
Reglaze all lites on windows that are broken. Remove broken
glass and dried glazing compound. Replacement glass shall be
not less than "B" single strength complying with F.S. DG -G -
451a.
Glass set in wood shall be secured in place with sprigs or
glazing points and face puttied. Glass set in metal with
glazing clips shall be back puttied. All work to conform to
City Code and be done in a skillful manner.
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RESOLUTION N0, 83-271
RESOLUTION AUTHORIZING THE DIAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT REGARDING THE CENTRAL JR. HIGH PROPERTY WITH
THE IOWA CITY COMIUNITY SCHOOL DISTRICT FOR THE PURPOSE OF
RESOLVING A DISPUTE REGARDING RESPECTIVE LEGAL RIGHTS TO
771E PROPERTY LOCATED IN IOIVA CITY, JOHNSON COUNTY, IOIVA
WHEREAS, the City of Iowa City, Iowa, and the Iowa City
Community School District recognize that there is a bona
j fide dispute regarding the respective legal rights to the
Property known as the "Central Jr. High Property" which
is legally described as:
All of that property designated as Centre Market
on the original plat of Iowa City, Iowa,
and
WHEREAS, each party has carefully evaluated its position
and has decided that it would be in the public interest to
resolve this title dispute by mutual agreement rather than
engaging in litigation, and
WHEREAS, an agreement has been reached between the City
Council of the City of Iowa City, and the Board of Directors
of the Iowa City Community School District and said agreement
has been reduced to writing, and
IVHEREAS, it would be in the public interest for the City
Council of Iowa City, Iowa, to authorize the Mayor and City
Clerk to execute said written agreement .
NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby
authorized to execute and the City Clerk to attest said
agreement.
It was moved by ugh and seconded b
y P
that the Resolution be adopted and upon roll call there a ere:
AYES: NAYS: ABSENT:
X
Balmer
X
Dickson
—X
Erdahl
X
Lynch
X --
McDonald
X—
Neuhauser
- X
Perret
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Resolution No. 83_271
Page Z
Passed and approved this 16th day of August, 1983.
"MAWKs
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ATTEST: LyL�(,f�L�t 26 Aw
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Received & Approved
By The Legal De, arlment
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Resolution No. 83_271
Page Z
Passed and approved this 16th day of August, 1983.
"MAWKs
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ATTEST: LyL�(,f�L�t 26 Aw
� Cl'1'Y CLERri
Received & Approved
By The Legal De, arlment
f•�
MICRDFILMED BY
J1 ORM MICROLAB.
I, CEDAR RAPIM-DES�MOINEt7
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AGREEMENT REGARDING CENTRAL JUNIOR HIGH PROPERTY
THIS AGREEMENT is made on this 9th day ,of.
Auust `1983, by and between the CC ty-of Iowa City,
Iowa, City 5nd1the Iowa City Community School District (Dis-
trict).
PREAMBLE
The parties to this Agreement recognize that there is a
bonafide dispute regarding their respective legal rights to the
property known as th "Central JuniorXHigh Property" (The Prop-
erty) legally describd as:
All of that roperty deseanated as Centre
Market on the origina /plat of Iowa City,
Iowa.
Each party has carefully v uated its position and has decided
that it would be in the p lic interest to resolve this title
dispute by mutual agreem nt rather than engaging in litigation.
Therefore, the parties me into this agreement as a complete
settlement of their re pecti rights to the property.
This document is intended to set forth the terms that have
been negotiated between the par ies. An outline of these terms
is as follows:
* The City will execute a uit Claim Deed to the prop-
ert�conveying its intere t to the District.
* The Quit Claim Deed will b placed in escrow with a
third party to be mutually agreed upon by these
�arties.
* /The District will agree that whenever the property is
sold a cash payment will be made\to the City.
* The amount of the cash payment will depend upon the
nature of the sale. If the sale serves a "public
purpose" the cash payment will be $50,000.00. Other-
wise, the cash payment will be 108 of the sale pro-
ceeds. The amount of payment stated herein is
determined by the parties' desire to forego
litigation and the difficulty of valuing a contingent
reversionary interest. The provision of off-street
parking relieves the City of a substantial financial
liability in not having to construct said
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off -street parking as a public facility. These
savings when added to the cash payment received
constitutes sufficient consideration for the City's
relinquishment of its reversionary interest.
* The term "public purpose" will be defined in this
Agreement and, among other things, will include the
provision of off-street parking spaces at the expense
of parties other than the City.
1
The Agreement will also provide., that the District
will. have�,the right to use the property until it is
sold for any legal purpose subject only to the City's
approval of any leases on the property that would
exceed a three year term. /
' Finally, as an alternative to any cash payment other-
wise required, this Agreement will provide that if
the District conveys its property known as the Sabin
School Property to Johnson County, the Citv will ac-
cept that conveyance as adequate consideration for
its delivery o the Quit Claim Deed to the Central
Property to the�istrict.
NOW, THEREFORE, in/con\ThCity
tion of the mutual promises
and covenants of these Partis agreed as follows:
i
1. QUIT CLAIM DEED. will execute a Quit ClaimDeed to t e D strict coverientire property described as:
All of that propeignated as Centre
Markel�on the orilat of Iowa City,
Iowa.
The Deed will/be in standard form ung the Iowa State Bar As-
sociation Quit Claim Deed form, Prone,;ly executed and acknowl-
edged. The/beed will indicate on face that it is being
placed in escrow pursuant to the terms\of this Agreement.
2. ESCROW. The executed Quit Claim Deed will be placed
in escrow --a ong with a copy of this Agreement. The escrow
agent will be a trust department of a bank, doing business in
Iowa City selected by mutual agreement between the attorneys
for the,%respective parties. The escrow agent will be required
to provide a written receipt and agree to follow the terms of
this Agreement. The District will be responsible for any
expenses or costs owed to the escrow agent in performance of
its duties.
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Nev_'d page 8-16-83
3. CASA PAYMENT. The City agrees that the District will have the right
to sell part r all of the property at anytime subject only to laws governing
the sale of property by the District. Whenever the property is sold/Che City
agrees to direct the escrow agent to release the Quit Claim Deed t9 the District
upon receipt of the cash payment required by this Agreement. Directions for
release of the Deed will be in writing signed by the Mayor of the City of Iowa
City.
4. AMOUNT F CASH PAYPIENT. The amount of the cash, t will depend
upon whether the uyer of the property agrees to use the property to serve a
"public purpose" a defined by this Agreement. If a/public purpose is served,
the payment will be $50,000.00. If not, the payment will be 10% of the gross
sale proceeds.
5. PUBLIC PURPOS DEFINED. The public`�urpose requirement will be met
if a buyer agrees to pr vide one off- treet parking place for every 400
square feet of the prop e ty purchase(1) d f a minimum of three years and three
months after the date of 0 ssession. his Agreement by a buyer will be stated
in buyer's bid for the pur ase of a property or a part thereof, and, the
I City shall have the right t enfor a this provision. This parking commitment
buy a buyer shall be in addi 'on o the provision of any other parking required
by Iowa City ordinances for a other use that the buyer may make of the
property. A buyer would be g' n two months from the date of possession to
begin providing the required of street parking spaces.
Both parties to this greemen recognize that the public purpose may be
served by other means as opposed to the provision of off-street parking places.
However, since no othe particular m thods for serving the public purpose are
readily apparent at t s time, the pa ies reserve the right for each of them
to negotiate and agr a upon other ways f meeting this public purpose require-
ment in the future ould this become mu ually desirable.
6. PARTIAL OPERTY SALES. Should t District sell only a part of the
property, the Ciagrees that it will prove a Quit Claim Deeds to those
portions sold a long as the terms of this ag eement are met. These terms can
be met by part' 1 payments to the City for eac parcel sold. If any one
parcel is sold in such a manner that the public urpose requirement is met,
the amount of the payment to the City will be a p orated amount of the $50,000.00
computed by dividing the square footage of the par el sold by the total square
footage of the entire property and multiplied by the\$50,000.00 figure. If part
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3. CASH PAYMENT. The City agrees that the District will
have the rig t to se 1 part or all of the property at anytime
subject only to laws governing the sale of property y the
District. henever the property is sold, the City grees to
direct the a row agent to release the Quit Claim eed to the
District upon eceipt of the cash payment requi d by this
Agreement. Dir ctions for release of the Deed will be in
writing signed b the Mayor of the City of Iowa City.
4. AMOUNT OF CASH PAYMENT. The amount of the cash pay-
ment will dependup n whet er t e buyer of a property agrees
to use the property o serve a "public pu ose" as defined by
this Agreement. If a public purpose is erved, the payment
will be $50,000.00. not, the payme will be 108 of the
gross sale proceeds.
5. PUBLZe PURPOSE D� INED. T public purpose require-
ment will met i a buy r agre s to provide one (1)
off-street parking place for ever 2,000 square feet of the
prop urchased for a mini m of two years and two months
after the date of possession. his Ag
be stated in buyer's bid for t e urch
part thereof, and, the City hall haw
this provision. This parki commi er
addition to the provision any oth r
City ordinances for any o er use th
the property. A buyer w uld be given
of possession to begi providing the
parking spaces.
reement by a buyer will
tse of the property or a
the right to enforce
t by a buyer shall be in
parking required by Iowa
the buyer may make of
wo months from the date
`recuired off-street
Both parties t this Agreement as'ze that the public
purpose may be ser ed by other means as o osed to the pro-
vision of off-str t parking places. Howev , since no other
particular metho for serving the public pu ose are readily
apparent at Vthi time, theparties reserve th right for each
of them to nfate and agree upon other ways of meeting this
public purpoequirement in the future should this become
mutually desle.
6. PA TIAL PROPERTY SALES. Should the District sell only
a part o he
property, Eng City agrees that it will provide
Quit Clai Deeds to those portions sold as long as the terms of
this Agre ent are met. These terms can be met by partial pay-
ments to the City for each parcel sold. If any one parcel is
sold in such a manner that the public purpose requirement is
met, the amount of the payment to the City will be a prorated
amount of the $50,000.00 computed by dividing the square foot-
age of the parcel sold by the total square footage of the en-
tire property and multiplied by the $50,000.00 figure. If part
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of the property is sold for other than a public purpose, lob of
the gross proceeds of that sale would be
payable to the City.
7. USE OF THE PROPERTY. The District presently has sole
use and contro o the property and its Possession/of the prop-
erty will not be interrupted by this Agreement.
rights to use the property The District's
will continue without limitation
except that he District may not lease the property to a third
party for a rm of more than three years without first obtain-
ing the City' approval and consent. The City agrees to ap-
prove and cons nt to such a lease exceeding a three year term
provided that s ch lease does not materially abrogate the terms
and effect of th's Agreement.
8. ALTERNAT vc uvm. ,.. .. _ '/
the
provide another met
its Sabin School pro e
three years after the
that such a conveyance
delivery of a Quit Cla.
any additional cash cc
Claim Deeds may have a
cash paid to the City,
require the City to re
part of the property h
County would be adequas
the balance of the Prot
" n ac'r'1'LEMENT. Notwithstanding
this Agreement, the parties wish to
for settlement. If the District conveys
.'ty to Johnson County at anytime within
late of this Agreement, the City agrees
would b adequate consideration for its
Deed on the property without receiving
z
We ation. To the extent that Quit
re d been released to the District and
a le of Sabin to the County will not
d ash to the District but if only
bee sold, the sale of Sabin to the
const eration for a Quit Claim Deed on
:rty no yet sold.
9. MISCELLANE�S PROVISION PROVISION This Agreement will be ef-
fective upon appro a by of t e ity Council of the City of
Iowa City and the oard of Director of the Iowa City Community
School District. Both the City and he District agree to take
all necessary s Ps to meet statutory requirements relative to
this Agreement.
his
nt
ill
theirTsucces orseandwassigns remain nd wi llnrun ith thon the parties
1 nd s and
The
Oi ce. Ws nithe Agreement isbe recorded the recorded, lsea b�paron tyRecorder's
to
theexecute a Blease of the Agreement to dissipate,any cloud upon
are madetitlnd the the termsrof the Agreement at such time that et. ansales
y
p property sales
are made in parcels less than the entire property, partial
releases will be provided.
Though the parties may later agree to modify this Agree-
ment for the purpose of providing other methods of meeting the
"public purpose" requirement, this Agreement is otherwise
lj MICROFILMED BY
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intended as a final settlement of all rights of the parties in and to the
Central Junior High Property.
SIGNED at Iowa City, Johnson County, Iowa.
APPROVED:
APPROVED: ;
1983. j
1983.
IOWA CITY CO'"IT SCHOOL
DISTRICT CIT IOWA CITY, IOWA
BY:
Lynne Cannon, Pre ident Mary C. euhauser, Mayor
ATTEST:
ATTEST: ,/
Jerald L. Palmer, Secre r � 'x w 4
y / Marian K. Karr, City Clerk
STATE OF IOWA )
JOHNSON CODNTy � SS:
On this day of
undersigned, a Not ry Public in d for the State ofBIowaefore me, the
appeared,Lynne C non and Jerald Palmer to me Personally
wn, who
being by me duly sworn, did say th they are the PresidentyandoSecretary,
respectively, said Iowa City Co nity School District executing the
within and fo going instrument; tha said instrument was signed on
behalf of sa' Iowa City Community Sc of District by authority of the
Board of Di ctors, and that the said nne Cannon and Jerald L. Palmer
acknowledg the execution of said inst ent to be the voluntary act and
deed of sad Iowa City Community School 'strict, by it and by them
voluntarily executed.
State of Iowa
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intended as a final settlement of all rights of the parties in
and to the Central Junior High Property.
SIGNED at Iowa City, Johnson County, Iowa.
APPROVED: \ APPROVED:
August 9 , 1983. , 1983.
IOWA CITY COMMUNITY SC OL
DISTRICT CITY OF ZOWA TY, IOWA
BY: (O
� BY:
Lynne annon, Presi ent Mary C. Neu auser, Mayor
ATTEST: - � ATTEST:
J L. Pa mer; ecretary a an E. Karr, ity C er
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 9th day of ugust
the undersigned bfoe me
a Not Pu is in an o the 9StateeofrIowa,
personally appeared Lynne Ca non and Jerald L. Palmer, to me
personally known, who, bein by me duly swor , did say that
they are the President and Secretary, res pect'vely, of said
Iowa City Community School District executing a within and
foregoing instrument; tha said instrument was s ned on behalf
Of said Iowa City Communi y School District by aut�ority of the
Board 'of Directors, and lihat the said Lynne Cannon and Jerald
L. Palmer acknowledged the execution of said instrument to be
the voluntary act and deed of said Iowa City Community School
District, by it and by 'them voluntarily executed.
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y ■r10.Olt otary Pu is n and ror the
State of Iowa.
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STATE OF IOWA)
) SS:
JOHNSON COUNTY )
On this day of 1963, before me,
the undersigne , a Notary Pub in an or the tate of Iowa,
personally appea ed Mary C. Neu in
and Maria K. Karr, to me
personally known, who, being by me duly swor , did say that
they are the Mayo and City Clerk, respectiv y, of said munic-
ipal corporation a cuting the within and regoing instrument;
that the seal affix hereto is the seal said municipal cor-
poration; that said nstrument was sign and sealed on behalf
of said municipal cor oration by autho ity of the City Council
of said municipal cor oration, and at the said Mary C.
Neuhauser and Marian K. arr acknow dged the execution of said
instrument to be the vol ntary ac and deed of said municipal
corporation, by it and by hem vo untarily executed.
No a y Public in --and ror the
State of Iowa.
j. MICROFILMED By
!JORM MICROLAB )
CEDAR RAPIDS•-DES-MO:RESr
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RESOLUTION NO. 83-272
RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
A QUIT CLAIM DEED PURSUANT TO THE SETTLEMENT AND WRITTEN AGREE-
MENT REGARDING THE CENTRAL JR. HIGH PROPERTY
WHEREAS, the City of Iowa City, Iowa desires to carry out the
terms of the written agreement entered into between the City
of Iowa City and the Iowa City Community School District re-
garding disposition of the dispute concerning Central Jr. High
property,and
WHEREAS, a provision of said agreement is that the City shall
execute a quit claim deed relinquishing all of its interest in
said property to the Iowa City Community School District sub-
ject to the terms and conditions of a written agreement between
the City and the School District,
NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized
to execute said quit claim deed and the City Clerk to attest same.
It was moved by Lynch and seconded by Dickson
that 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 16th day of August, 1983.
ATTEST: ,%l02t��J 4
T
CITY Z`LL
�I L1 .'y� ,",
Received 3 Approved
By The Legal Department
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City of Iowa City
MEMORANDUM
DATE: August 12, 1983
TO: Mayor and City Council
FROM: Robert IV. Jansen, City Attorney�1,
RE: Central Jr. High Site
On August 10th the Board of Directors of the Iowa City Community
School District unanimously approved the execution of the compromise
agreement in settlement of the Central Jr. High claims. This is
now awaiting approval by the Council and execution by the Mayor
of both the agreement and the quit claim'deed which will be placed
in escrow.
If you approve the agreement and the terms incorporated therein,
I will continue to hold the executed deed until and escrow agreement
is prepared and the deed is then placed in escrow with one of the
local banks pending fulfillment of the various conditions of the
agreement.
It is my understanding that the members of the School Board that
were present last Wednesday evening approved the marketing plan
for the property and I have been informed by the attorney for the
School District that proposals for the site will be received in
September.
I will be available at the informal Council meeting to answer any
questions that the Council may have.
cc: City Manager
t
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Oiebl /erg a,. ,
^ •.- Y.w a,w,r,r, wr w a.. rMn OF ,. pi : _.,_OM7ULT YOUR IAWPit
'r it QUIT CLAIM DEEL.
14.
kn01u 9[l hien by Xbrsr Vresents: That City of Iowa City, Iowa,
2 municipal corporation
in consideration of the sum of
One Dollar (§1.00) and other valuable consideration
in hand paid do hereby Quit Claim unto Iowa City Community School District
Grantees Address:
all our right, title, interest, estate, claim and demand in the following described real estate situated in
Johnson
County, lows, to -wit:
All of that property designated as Centre Market on the
original plat of Iowa City, Iowa.
This -deed shall be placed in escrow pursuant to the terms and
conditions of a written agreement by and between the City of
3 Iowa City, Iowa, and the Iowa City Community School Distric-
Icr
Each of the undersigned hereby relinquishes all righ+s of dower, homestead and distributive share in and to the
above described promises.
Wends and phraw, havinr including acknowledgment hereof, shall be construed as in the singular or plural number. and as masculine,
"Rift or ROOM gender. according to the caetat.
CITY OF IOWA CITY, IOWA
Dated August 16 l9 E3 By
ary U. Neuhauser, mayor
(Oneters Addresst .
Dated 19_
. (Oreebr's Addreesl
Dated 19_
ATTEST: (Oreebr's Addreu)
Marian Karr. City Clerk
aanm eon DM Von �uw i
STATE OF IOWA, JOHNSON COUNTY, ss:
On this 16th day o{ Aueust A.D. 19–.L3—, before me, the undersigned, a Notary Public
in and for the Stare of Iowa, personally appeared Mary C. Neuhauser and
Marian Karr _ . to me personally known, who, being by me duly swom, did say
that they are the Mayor and City Clerk
respectively, of saidpol�or2ili8j executingmjh1i% L and foregoing instrument to which O's Is attached, that
Ino seal has been procured by the saidVcorporaiFon; that said instrument was signed KWIlilillI11O on behalf of
jF1fXYdbi8Mlk1{D[Y9WFYySGXtFlfeYslf�liPWFYeli1(�
municipa� the City Council
said/corporation y authority ofXKX9d6iXMX01$YdfBiiiiand that the said Mary C. Neuhnuser
and Marian Karr munias such officers acknowledged the execution of said instrument to be the
c a
voluntary act and dead of said/corporefti8n, y It and by them voluntarily executed,
•w'e� ' .,. ,.. .n..Ln..t...� t_. ..:,J r'•..n.+„ ..,.) Cieiw
MICROFILMED V
IJORM MICROLAB
i CEDAR RAPIDS-DESIt01NES r
01
r\
RESOLUTION NO. 83-273
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A JOINT AGREEMENT
BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE
CITY COUNCIL OF IOWA CITY REGARDING LIBRARY SERVICES FOR
RURAL JOHNSON COUNTY.
WHEREAS, it now appears beneficial to both the City Council of Iowa
City and the Iowa City Library Board of Trustees, given the City
Council's financial responsibilities and the Library Board's
administrative responsibilities, to have the Iowa City Council
assume the responsibility for negotiation and execution of future
contracts with the Johnson County Board of Supervisors for library
services to rural Johnson County residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the Mayor is
hereby authorized to execute the agreement with the Iowa City Library
Board of Trustees, said agreement being attached and hereby made a
part of this resolution.
It was moved by McDonald and seconded by Erdahl
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 16th day of August 1983.
MAYOR
ATTEST: l2Ip�,�..,,�
CIT CLERK
��,:•Y•'�1DRDFILMED BY
th` ,JORM MICROLAB
CEDAR RAFIDS•DES�MOINES -
R"alvecl $ APProved
BY i113 legal Dory rthent
11
JOINT AGREEMENT BETWEEN IOWA CITY LIBRARY BOARD OF TRUSTEES AND
THE CITY COUNCIL OF IOWA CITY REGARDING CONTRACT WITH JOHNSON
COUNTY BOARD OF SUPE?'JISORS FOR LIBRARY SERVICE TO RURAL
JOHNSON COUNTY.
WHEREAS, Chapter 20, Article II of the Iowa City Code of Ordinances
empowers the Board of Trustees of the Iowa City Public Library to
authorize the use of the Library by non-residents of the city and to fix
charges for this use; and
WHEREAS, the Library Board may need to exercise this power from time to
time to provide library services to other jurisdictions in this county or
library region; and
WHEREAS, the Library Board has contracted with the Johnson County Board of
Supervisors since 1968 to provide library service to Johnson County rural
residents; and
WHEREAS, it now seems beneficial to both bodies, given Iowa City Council's
financial responsibilities and Iowa City Library Board's administrative
responsibilities, to have the Iowa City Council take over the
responsibility for negotiating contracts with the Board of Supervisors.
NOW, THERFORE, IT IS AGREED AS FOLLOWS:
For Fiscal Year 1984, beginning July 1, 1983, the City Council of
3 Iowa City will negotiate and execute a contract for library services
with the Johnson County Board of Supervisors.
2. The City Council will continue to be the contracting party for future
contracts for as long as both the Council and the Library Board feel
it is a mutually acceptable arrangement.
3. The Library Board will continue to be the body that decides what
services the Library shall offer to all library users.
4. The contract between the City Council and the Johnson County Board of
Supervisors will be for all services currently provided by the
Library unless there is an amendment to this agreement.
5. This agreement in no way alters the Library Board's power to contract
with other iurisdirrinn.
dwin J. Za ow resident
Iowa City P lit/
brary Boar Trustees
l "VIOIi JAAU,Ae,✓"
nary Neuser, Mayor, City ofIow City -
16,
ty
August 16, 1983
Date
1!I MICROFILMEO BY
'JORM MICROLAB I
CEDAR RAPIDS•OES MOINES .
1
jfeRulVod & Approved
DY-1I� Departmcnl
v� s
i;
r•
0
a
City of Iowa Cit'`
MEMORANDUM
Date: August 11, 1983
To: Mayor and Members of City Council
From: Richard J. Boyle, Assistant City Attorney 'rte
Re: Library Services and Use Contracts T
Attached hereto are the following:
1. An ordinance amending City Code of Ordinances, Section 21-20(a).
2• Resolution authorizing a joint agreement between the Library Board
of Trustees and the City Council.
I
3. A joint agreement.
The ordinance amendment is needed, in my opinion, to clarify the Library
Board's powers to authorize the City Council to negotiate library use
contracts. While the City Council probably already possesses that power
(see Iowa Code (1983) Section 392.3) the City Code should clearly spell
out the authority. j
Following adoption of the ordinance amendment, the Resolution authorizing
the joint agreement should be adopted.
Finally, although the present City/County agreement is, in my opinion,
legal and binding it may be prudent to adopt a resolution ratifying the
earlier agreement between the City and the Johnson County Board of
Supervisors. I will prepare an appropriate resolution if that is
Council's wish.
cc: Neal Berlin, City Manager
Robert W. Jansen, City Attorney
bj4/1
i
I
i
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MICROFILMED BY -
.JORM MICROLAB `
CEDAR RAP1D5•DES MD1NE5 r
1 J..