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HomeMy WebLinkAbout1983-09-27 ResolutionRes. 83-303 ILI Ftesaln#ton of (9ommenbation pherens, Sylvester Neuzil submitted a resignation from the service of the City of Iowa City effective October 3, 1983 and Ahereas, the said Sylvester Neuzil as an employee of the Streets Division has given the City of Iowa City 22 -years of dedicated service, from 1961 and 04ereas, the City Council wishes to commend the said Sylvester Neuzil for said service. Pafu 194erefore be it �teaolfieb hg. iffile CHU Council of C'901ua 0119, Pofuu: 1. That the City Council of Iowa City, Iowa hereby commends Sylvester Neuzil for meritorious service In the Streets Division of the City over the years 2. That the CityCouncil extends the gratitude of the City to the said Sylvester Neuzil for his service; 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Sylvester Neuzil. It was moved by Balmer and seconded by Dickson that the Resolu. tion be 'adopted. ATTEST: CITY CLERK MAYOR Passed and approved this 27th day of September, 1983. },,,... _.......MICRDFILIIED.BY 1 l t JORM MICFV+LAS CEDAR. RAPIDS • DES MOINES } I q 1 Res. 83-304 �Keoultt#ioxt of C�f�tntitettbu#tf�tt Alhereao, Henry Rios submitted a resignation from the service of the City of Iowa City effective September 21,1983 and Allit eas, the said Henry Rios as an employee of the Streets Division has given the City of Iowa City 35 years of dedicated service, from 1948 and Pherees, the City Council wishes to commend the said Henry Rios for said service. Xofo Therefore be it �tesalbeh bt the drift (Qouncil of o10im l drift, �Jvfuu: 1. That the City Council of Iowa,City, Iowa hereby commends Henry Rios for meritorious service in the ., Streets Division of the City over the years 2. That the City Council extends the gratitude of the City to the said Henry Rios for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to Henry Rios. It was moved by Balmer and seconded by Dickson that the Resolu- tion be mdopted. ATTEST: ' CITY CLERK MAYOR Passed and approved this 27th day of September, 1983. e .... _MICROFILMED.8Y..._. _.__..J. JORM MICR+LAB CEDAR RAPIDS OES MOINES `, - 4 bL�) RESOLUTION NO. 83-305 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS IN THE RESUBDIVISION OF THE MULTI -FAMILY PORTION OF THE P,A.D. (LOT 62) OF PART TWO - MACBRIDE ADDITION TO IOWA CITY WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Storm sewer improvements in the resubdivision of the multi -family portion of the P.A.D. (Lot 62) of Part Two, MacBride Addition to Iowa City. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BENT RESOLVED by the City Council of -Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Lynch and seconded by McDonald that the resolution as read be__aopte and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson _.;..i x Erdahl x Lynch i x McDonald x Neuhauser x Perret Passed and approved this 27th day of September 1983 ATTEST: 11272,,f.. •, /, ` CITY CLERK _..:...... MICROFILItED aY.__ JORM MICR�LAB -CEDAR RhIOS DES MOINES 777{{{ I Received & A + pproved BY Th Legal De art ent My I RESOLUTION NO. 83-306 NS FORM CONTTRACT,NANDTESTIMATESETING LIC OF COSTING FORON FTHELCONSTRUCTIONCOFIOTHE RUNDE�L DEARBORN, AND CENTER STORM SEWER IMPROVEMENTS DIRECTING CITY CLERK TO PUBLISH NOTILt ur aniu ••�. •• 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 o19t83,aat 7:30 p.m. iinproject theis to Council held on the 11thday of October _, 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 aboveal circuct in ain the newspaper published at least once weekly and having 9ener 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 ced on for the constructionof the above ovehe onamedffice of jectthe Care herebyClerk rdpubliclinspection. file by the CityEngineer It was moved by and seconded by McDon-- ald that the resolution as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: X. .Balmer Dickson X x Erdahl x Lynch McDonald x X Neuhauser X Perret Passed and approved this 27th day of Seng19 83 — ATTEST: �� 5g, nl� L - CITY RK Received & Approved By 7ieLegal D^pa rifnent 4 .._._..._..-_.11CROFILMED.DY_.____..'. _.. JORM MICR+LAB l •CEDAR RAPIDS DE= MDINES r i i 1 i i i i RESOLUTION NO. 83-306 NS FORM CONTTRACT,NANDTESTIMATESETING LIC OF COSTING FORON FTHELCONSTRUCTIONCOFIOTHE RUNDE�L DEARBORN, AND CENTER STORM SEWER IMPROVEMENTS DIRECTING CITY CLERK TO PUBLISH NOTILt ur aniu ••�. •• 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 o19t83,aat 7:30 p.m. iinproject theis to Council held on the 11thday of October _, 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 aboveal circuct in ain the newspaper published at least once weekly and having 9ener 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 ced on for the constructionof the above ovehe onamedffice of jectthe Care herebyClerk rdpubliclinspection. file by the CityEngineer It was moved by and seconded by McDon-- ald that the resolution as read be a opted, and upon roll call there were: AYES: NAYS: ABSENT: X. .Balmer Dickson X x Erdahl x Lynch McDonald x X Neuhauser X Perret Passed and approved this 27th day of Seng19 83 — ATTEST: �� 5g, nl� L - CITY RK Received & Approved By 7ieLegal D^pa rifnent 4 .._._..._..-_.11CROFILMED.DY_.____..'. _.. JORM MICR+LAB l •CEDAR RAPIDS DE= MDINES r RESOLUTION NO. 83-307 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF BOYRUM SUBDIVISION, PART 2 OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Southgate Development Company, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plat of Boyrum Subdivision, Part 2; and WHEREAS, the Department of Planning & Program Development and the Public Works Department have examined the proposed preliminary and final plats { and have recommended approval of same; and WHEREAS, the preliminary and final plats have been examined by the Planning and Zoning Commission and after due deliberation the Commission 1 has recommended that these plats be accepted and approved; and WHEREAS, the preliminary and final plats are found to conform with all of { the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: { 1. That the preliminary and final plats of Boyrum Subdivision, Part 2 S are hereby approved. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of its resolution and of the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the final plat and legal documents at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Balmer and seconded by D1cDonald `. the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X 2 i X i That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of its resolution and of the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the final plat and legal documents at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Balmer and seconded by D1cDonald `. 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 z Perret Passed and approved this 27th day of September 1983. ATTEST:av+r, CITY CLERK i _......_._..._..._.,_MICROFILMEO..BY.,._.:_..�.._�. _. JORM MICR+LAB CEDAR RA'RIDS - DES MOINES i a 1 A j i i j ii i r< fI t I Received & Approved 1 By Th- Legal D partnx:nt (3 W1 STAFF REPORT To: Planning and Zoning Commission Prepared by: Karin Franklin Item: S-8326. Boyrum Subdivision, Part 2, Preliminary and Final Plat GENERAL INFORMATION Applicant: Requested action: Purpose: Location: <:.'_ _ .: :.- ! Size: Comprehensive plan update: Existing land use and zoning: Surrounding land use and zoning Applicable regulations: 45 -day limitation period: 60 -day limitation period: ANALYSIS Date: September 15, 1983 Southgate Development Co. 1902 Broadway Iowa City, Iowa 52240 Approval of a preliminary and final subdivision plat. To permit the development of a variety of commercial uses. On the west side of Boyrum Street south of Drug Town. 2.51 acres Intensive Commercial Vacant; CH North Drug Town; CH East General commercial; C2 food processing; MI South - Vacant; Ml West - Agricultural; CH Subdivision and stormwater management regulations. 10/3/83 10/18/83 Theapplicant is seeking approval of the preliminary and final subdivision plat for 13 commercial lots on approximately 2.5 acres. The developer is proposing a number of long, narrow lots which will be combined upon resale to fit the commercial user's needs. The developer feels that this configuration provides more flexibility for resale and will avoid future amendments to the subdivision when attempting to meet differing commercial demands for land. There are no minimum frontage or lot width requirements in the CH zone for commercial uses. The only issues which arose with this submittal were the provision of sidewalks and the method used in complying with the stormwater management regulations. Sidewalks have been provided on the plat as requested by the staff and .f ....I.D':4w DEIUED.aY.......,.-.�. JORM MICR+LAB -CEDAR RAPIDS • DEs MOINES I 033 i s i J, I ) ) I I i I I i Comprehensive plan update: Existing land use and zoning: Surrounding land use and zoning Applicable regulations: 45 -day limitation period: 60 -day limitation period: ANALYSIS Date: September 15, 1983 Southgate Development Co. 1902 Broadway Iowa City, Iowa 52240 Approval of a preliminary and final subdivision plat. To permit the development of a variety of commercial uses. On the west side of Boyrum Street south of Drug Town. 2.51 acres Intensive Commercial Vacant; CH North Drug Town; CH East General commercial; C2 food processing; MI South - Vacant; Ml West - Agricultural; CH Subdivision and stormwater management regulations. 10/3/83 10/18/83 Theapplicant is seeking approval of the preliminary and final subdivision plat for 13 commercial lots on approximately 2.5 acres. The developer is proposing a number of long, narrow lots which will be combined upon resale to fit the commercial user's needs. The developer feels that this configuration provides more flexibility for resale and will avoid future amendments to the subdivision when attempting to meet differing commercial demands for land. There are no minimum frontage or lot width requirements in the CH zone for commercial uses. The only issues which arose with this submittal were the provision of sidewalks and the method used in complying with the stormwater management regulations. Sidewalks have been provided on the plat as requested by the staff and .f ....I.D':4w DEIUED.aY.......,.-.�. JORM MICR+LAB -CEDAR RAPIDS • DEs MOINES I 033 i s i J, I I , j r . ,j Y , j i i i ■ 0 2 stormwater management has been provided to the satisfaction of the engineering staff. The only deficiency is the lack of legal papers. STAFF RECOMMENDATION The staff recommends deferral of the preliminary and final subdivision plat called Boyrum Subdivision Part 2 until legal papers are submitted and reviewed. ACCOMPANIMENTS I. Preliminary and final subdivision plats Approved by D nail S meiser, Director Departme t Of Planning and Program Development x y .MILRDI'ILFIED DY__1 � JORM MICR+LAB' ,CEDAR RAPIDS -DES MOINES � � .._.__,191CkDEILMED.BY_. JORM MICR+LAB CEDAR RAPIDS • DES MDIMES I 1 e. S-8 326 1933 1 RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF COURT HILL PART 16, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Plum Grove Acres, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Court Hill, Part 16; and WHEREAS, the Department of Planning and Program Development recommended denialthe Public rks Department have examined the proposed preliminary plat of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it not be accepted and approved based on the lack of adequate sewer capacity in the downstream system; and WHEREAS, the preliminary plat nas nUL uecu - — dinances of the City of Iowa City, Iowa; and requirements of the City Or WHEREAS, the owners, Plum Grove Acres, have requested that the preliminary plat be brought before the City Council over the recommendation for denial by the staff and the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ` 1. That the preliminary plat of Court Hill Part 16 is hereby approved. 2.: That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this resolution and of the preliminary plat j after passage and approval by law. It was moved by Balmer and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: DORM MICR+LAB -CEDAR R61DS • DES MOINES ' 6 I 1P,AQW ._ Receive o artlnanl SY [I Sat U p ll 5� ■ STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: 5-8308. Court Hill Part 16 Date: May 5, 1983 GENERAL INFORMATION Applicant: Requested action: Purpose: .Comprehensive Plan Update: i J Existing land use and zoning: Surrounding land use and zoning: Transportation: Plum Grove Acres, Inc. 834 N. Johnson Street Iowa City, IA 52240 Preliminary plat approval To subdivide approximately 6.12 acres into 12 lots Between Scott Boulevard and Peterson Street extended, south of Shamrock Drive 6.12 acres M/L 2-8 dwelling units per acre; Phase III development Undeveloped; R1A and RIB North - Iowa City Housing Project; RIB South -Undeveloped; R1A East - Undeveloped; RIA West - Sing Sine -family residential; RIB Provisions of the Subdivision Ordinance 5/23/83 6/6./83 Sanitary sewer lines and water are available Police and fire protection can be provided Access can be provided off Peterson Street extended, a bus route is within walking distance of the proposed development DORM MICR+LAB •CEDAR RAPIDS • DES MOINES ' 1 I i 1 i i i I s. a, j v s 2 Physical characteristics: Sloping topography to the south; includes a small portion of the flood plain of Ralston Creek { ANALYSIS A subdivision plat has been submitted by Plum Grove Acres for the division into 1 12 lots of a parcel bound by Ralston Creek, Scott Boulevard, and the Iowa City Housing Project east of Peterson Street. The proposal splits off 11 60'X130' lots with the remainder of the tract being Lot 12. Lots 1-11 do not meet the minimum lot area or the minimum frontage required in an R1A zone (10,000 square feet lot area and 80 feet frontage); each of these lots will have to be increased in size to comply with the area and frontage requirements of the ordinance. The main issues regarding this subdivision concern the extension of Peterson Street, the design of the subdivision, access to the development and the provision of sewer to any east side development. The plat shows Peterson Street extended to be a stubbed out dead-end street near the end of the subdivision. The street is not in the subdivision per se but i is the means of access to it. The City Council will need to approve the opening j of any extension of Peterson Street. The portion of Peterson Street extended which abuts Court Hill Part 16 was dedicated to the City with a quit claim deed by Plum Grove Acres, Inc. July I, 1969. At that time the 50' right-of-way was part of Scott Boulevard. Part of Peterson Street (Scott Boulevard) north of Court Hill Part 16 was opened to just south of Shamrock Drive. However, the southerly portion was not opened and will require the approval of the Council to be opened, paved and used for public access. This should be done prior to approval of the subdivision. A cul-de-sac will be necessary at the south end of Peterson Street extended to provide access for fire protection, maintenance, and other vehicles. The only means of access for this subdivision should be off of Peterson Street. Scott Boulevard was constructed as a secondary arterial and as such has controlled access. Its function was to provide for through traffic on the east side of Iowa City, primarily from the industrial park to 1-80. Numerous ! intersections on an arterial deny the future use of that roadway in a safe and efficient manner for the purposes for which it was constructed. The design of the subdivision submitted creates a large lot (Lot 12) which at some future date may be brought before the City for further subdivision. As submitted the most practical means of access to Lot 12 would be off of Scott Boulevard. The third issue centers on the fact that the sewer serving this particular development flows from the east side and eventually into the horseshoe system, thus contributing to wet weather surcharge conditions. It is for this reason that this area is shown as developing during Phase 111, after the City-wide sewer issues are resolved, in the development sequence of the Comprehensive Plan Update. STAFF RECOMMENDATION I The staff recommends denial of this preliminary subdivision plat based on the lack of adequate sewer capacity in the downstream system and the deficiencies and discrepancies listed below. 193y 4 _.. ._...__MICROFILNED. DY...._._.. t . JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 3 l DEFICIENCIES AND DISCREPANCIES I. The beginning of the six inch watermain should be clearly noted as proposed and any proposed fire hydrant should be shown. 2. Peterson Street must end with a cul-de-sac. The width of the Peterson Street right-of-way should be shown and should equal the 55 foot right-of- way of the northerly portion of the street. 3. A cross-section of the proposed Peterson Street extension should be shown. 4. City ownership of the land to the south of the subdivision should be shown. 5. Stormwater detention calculations are required; the City does not allow the use of ADS drain tile. 6. A 25 foot wide drainage easement should be provided over the series of stormwater ponds. Some indication should be given of the stormwater management and drainage for Lot 12. 7. The delineation between R1A and RIB zones should be shown. 8. The person who prepared the plat and the date of the plat should be noted. 9. An endorsement block for the City Clerk should be provided. 10. The plat should indicate the location of the flood plain boundary as it applies to this property. 11. Sidewalks should be shown. 12. Lot sizes must be modified to comply with R1A zoning. ATTACHMENTS 1. Location map. ACCOMPANIMENTS 1. Prelimilary plat. /J Approved by: nald S meiser, Director epartment of Planning & Program Development ._......._111 CROrI LMED, DY...._____.. JORM MICR+LAB •CEDAR RAPIDS • DEE MOINES LOCATION MAP S-8308 ACR FILMED BY JORM m cR LAB -CEDAR RAPIDSMOINES ` I i RESOLUTION NO. 83_308 J RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF LUCAS STREET NORTH OF PAGE STREET. WHEREAS, the City of Iowa City, Iowa, entered into an Agreement with the Williams Group for relocation of a storm sewer and conveyance of the vacated portion of Lucas Street, and WHEREAS, the parties to that Agreement have fulfilled their obligations ow obligated to convey the vacated portion of thereunder, and the City is n Lucas Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute a quit claim deed conveying the vacated portion of Lucas Street to the Williams Group. y Balmer and seconded by D1cDo�— It was moved b i i the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer III X Dickson X Erdahl ! X Lynch X McDonald X Neuhauser z Perret tember 1983. Passed and approved this 27th day of Sep --- f I MAYOR r ATTEST:i�cn-r� �• �Cl12J CITY CLERK I Received & Approved By Tie Legal D 17140=111 41 1 1936 ..,. .. ,NICROFILMED..BY_. JORM MICR LAB y CEDAR RAPIDS • DES. MOINES `� 9 .. i I i —E i I i I t i i i RESOLUTION NO. 83-309 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAMP CARDINAL ROAD BRIDGE RELOCATION PROJECT WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. It was moved by McDonald and seconded by Erdahl that the resolution as read be adopte , an upon roll call t ere�Ti were: AYES: NAYS ABSENT: x _ Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 27thday of • September, 19 83 , ATTEST:Ja Ja,,..) ,,. -el-110 CITY CLERK By, JORM MIGR+LAB (1` ' -CEDAR RAPIDS • DE= MOINES 1 .1! j t I� i i i i +I i i r. Rcx(?"vcd & Approved By Th Legal �De altlnent 1938 I NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an esti- mate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a street improvement, designated as the Tanglewood -Ventura Special Paving Assessment Project, of the types and in the location as follows: TANGLEW000 STREET - From 259.16 feet south of Ventura Avenue to 180 feet north of Ventura Avenue. Paving to be seven (7) inch thick concrete, twenty- five (25) feet wide with integral curb. VENTURA AVENUE - From Tanglewood Street west to Dubuque Street. Paving to be seven (7) inch thick concrete twenty-five (25) feet wide with integral curb. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: All property abutting and adjacent to the improvements. The Council will meet at 7:30 o'clock p.m., on the 27th day of September, 1983, at the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he had filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. �lerlc, Iowa C ty, Iowa 4 _.-..MICROFILMED BY. JORM MICRLAB CEDAR RAPIDS • DES MOINES P° City of Iowa Cil,, MEMORANDUM Date: September 21, 1983 To: City Council and City Manager From: Daniel Holderness, Civil Enginee J���� Re: Resolutions Concerning the Tanglewood/Ventura Special Paving Assessment Project The above-mentioned project is described as follows: Tanglewood Street - From 259.16 feet south of Ventura Avenue to 180 feet north of Ventura Avenue. Paving to be 7 inch thick concrete, 25 feet wide integral curb. Ventura Avenue - From Tanglewood Street west to Dubuque Street. Paving to be 7 inch thick concrete, 25 feet wide with integral curb. This project utilizes the 1/3-2/3 assessment splits between the property owners and the City as included in the St. Anne's project. This series of resolutions will allow this project to be combined with the St. Anne's Drive Special Paving Assessment Project to be bid and constructed as one project. The bids for this combining construction project will be taken this fall for work to be completed in the spring of 1984. Council has four courses of action in considering the project. Council may 1) adopt without amendment; 2) adopt as amended; 3) defer for later consideration; or 4) abandon the resolution of necessity. Council may do any of the above, but has to do one. Staff recommends adoption of all the proceeding resolutions without amendment. tp3/3 4 _..MIC RIF ILIME BY JORM MIOR+LAB 1 -CEDARRAPIDS • DES MOINES I 1939 10 D d % O �g�3 SEP 2 b �R MPR,PCG� R� X31 City Council City of Iowa City Civic Center Iowa City, IA 52240 Washington Park Partnership 834 N. Johnson Iowa City, IA 52240 September 26, 1983 Re: Paving of Tanglewood Street and Ventura Drive Public Hearing - September 27, 1983 Dear Council Members: I represent the owners of a piece of property that is on the northern end of Tanglewood Street. (Between Tanglewood Street and I-80 exit ramp.) (See drawing attached.) The owners of this property agree that the paving should be accomplished and that they will cooperate in any way possi- ble to attain this end. However, several objections must be made at this time for the record. 1. During the time that the City of Iowa City has owned Tanglewood Street, the City has allowed the street to be graded down approximately 12 feet. This leaves the property at the end of Tanglewood Street high above the proposed street grade. Normally, this regrading of Tanglewood would not be a problem for the land owners to the north, but there exist three separate Creat Lakes Pipelines (now Williams Bros. Pipeline) that are approximately six feet higher than the proposed street right-of-way. These pipes will have to be lowered in order to make the proposed street grade workable for the property to the north. This existing pipe line and the proposed grade of Tanglewood Street makes the property not usable. _ MICROFILMED BY_, _. JORM MICR+LAB CEDAR R4E OS • DES MOINES 1 1439 i i i i 'i i _I I' i D d % O �g�3 SEP 2 b �R MPR,PCG� R� X31 City Council City of Iowa City Civic Center Iowa City, IA 52240 Washington Park Partnership 834 N. Johnson Iowa City, IA 52240 September 26, 1983 Re: Paving of Tanglewood Street and Ventura Drive Public Hearing - September 27, 1983 Dear Council Members: I represent the owners of a piece of property that is on the northern end of Tanglewood Street. (Between Tanglewood Street and I-80 exit ramp.) (See drawing attached.) The owners of this property agree that the paving should be accomplished and that they will cooperate in any way possi- ble to attain this end. However, several objections must be made at this time for the record. 1. During the time that the City of Iowa City has owned Tanglewood Street, the City has allowed the street to be graded down approximately 12 feet. This leaves the property at the end of Tanglewood Street high above the proposed street grade. Normally, this regrading of Tanglewood would not be a problem for the land owners to the north, but there exist three separate Creat Lakes Pipelines (now Williams Bros. Pipeline) that are approximately six feet higher than the proposed street right-of-way. These pipes will have to be lowered in order to make the proposed street grade workable for the property to the north. This existing pipe line and the proposed grade of Tanglewood Street makes the property not usable. _ MICROFILMED BY_, _. JORM MICR+LAB CEDAR R4E OS • DES MOINES 1 1439 Page -2- September 26, 1983 The owners object to the grade of the street and ask that the City either raise the grade to its original elevation or guarantee that the pipe lines will be lowered. 2. The owners of the property to the north object to the City of Iowa City not paving the last 50 feet of the north end of Tanglewood Street. It is apparent that the City of Iowa City is not pav- ing the entire length of Tanglewood because one ex- isting home on the west side of the north end of Tanglewood Street encroaches 9 feet into the right- of-way and that the curb would be 4 feet from the front porch. The fact that the City of Iowa City allowed a build- ing to be erected or built on a lot with that set back and on public property is not the problem of the land owners to the north. The owners do not attempt to instruct the City of Iowa City as to the remedy for this situation but they do state at this time that they have no respon- sibility to pave the remaining 50 feet that the City will not pave and that they do intend to use their land for its highest and best use when the time comes and that the unpaved section of Tanglewood Street shall not be used against them as a deterrent to ob- taining a building permit. 3. The owners of the property to the north object to the City's paving program because the plans and speci- fications show that the sanitary sewer will be buried under concrete on the northern end of Tanglewood and, consequently, will not be able to serve their land. The owners ask that the sanitary sewer be extended from its present location on Tanglewood northerly to the north end of Tanglewood Street and terminate in a manhole. BRG/dc Enc. i i Sincerely yours, Washington Park PPaartneership- / BY: -z z� /G)' �-GrsQA QW ruce R. Glasgow, PFT ner _ ;..,,,M1CRW, JLMED.RY_.. ._...'.... JORM MICR+LAB -CEDAR RAMS • DE; MOINES 1 1934 I !!t I' i i Page -2- September 26, 1983 The owners object to the grade of the street and ask that the City either raise the grade to its original elevation or guarantee that the pipe lines will be lowered. 2. The owners of the property to the north object to the City of Iowa City not paving the last 50 feet of the north end of Tanglewood Street. It is apparent that the City of Iowa City is not pav- ing the entire length of Tanglewood because one ex- isting home on the west side of the north end of Tanglewood Street encroaches 9 feet into the right- of-way and that the curb would be 4 feet from the front porch. The fact that the City of Iowa City allowed a build- ing to be erected or built on a lot with that set back and on public property is not the problem of the land owners to the north. The owners do not attempt to instruct the City of Iowa City as to the remedy for this situation but they do state at this time that they have no respon- sibility to pave the remaining 50 feet that the City will not pave and that they do intend to use their land for its highest and best use when the time comes and that the unpaved section of Tanglewood Street shall not be used against them as a deterrent to ob- taining a building permit. 3. The owners of the property to the north object to the City's paving program because the plans and speci- fications show that the sanitary sewer will be buried under concrete on the northern end of Tanglewood and, consequently, will not be able to serve their land. The owners ask that the sanitary sewer be extended from its present location on Tanglewood northerly to the north end of Tanglewood Street and terminate in a manhole. BRG/dc Enc. i i Sincerely yours, Washington Park PPaartneership- / BY: -z z� /G)' �-GrsQA QW ruce R. Glasgow, PFT ner _ ;..,,,M1CRW, JLMED.RY_.. ._...'.... JORM MICR+LAB -CEDAR RAMS • DE; MOINES 1 1934 �ro r 0 }ro o v y N Mie f 7_. ..._-..._..,1/1CROFILMEO.By. _.._..__.� JORM MICR¢LAB RCEDAR RAPIDS • DES MOINES f 410 f � 7-0 P i t Pr3r QuauguE -tir. . ,. _MICROimmEO DY_... JORM MICR+LAB i • CEDAR. R66S • DES MOINES �, j i i v . ,. _MICROimmEO DY_... JORM MICR+LAB i • CEDAR. R66S • DES MOINES �, 72115,7 - PART 1 -- HEARING PROCEEDINGS September 27 1983 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 o'clock p .M., on the above date. There were present Mayor Diary C. Neuhauser in the chair, and the following named Council Members: Balmer, Dickson, Erdahl, Lynch, McDonald. j Absent: Perret The Mayor then called for objections to the adoption of 1 the proposed Resolution of Necessity for the construction of the Tanglewood -Ventura Special Paving Assessment Project in the corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said 2 Council meeting that both written and oral objections would be f I received and considered by the Council at this time. Written and oral objections were then received or heard. j Council member Erdahl moved that the time for the receiving of objections be closed. Seconded by Council member Dickson On vote, the motion was 1. adopted. I After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement ..j as set out in said Resolution of Necessity as originally j proposed. i Council Member Balmer introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT PROJECT" and moved that it be adopted. Council Member Erdahl seconded the motion to adopt. The roll was called and the vote was, 1 -1- AHLERS. COONEY. DORWEILER. HAYNIE A SMITH. LAWYER& DES MOINES. IOWA �qyo _ �•i,. _.__.-_I1ICROfILMEO_DY_.- _ JORM MICR+LAS f� • CEDAR RAPIDS • DES MOINES , L...:-._.__. ... ..__-_ __..._.... ... AYES: Balmer Dickson Erdahl Lynch, McDonald Neuhauser NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Res. 83-310 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT PROJECT. WHEREAS, this Council has proposed a Resolution of Necessity for the Tanglewood -Ventura Special Paving Assessment Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all X objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of Amendments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a Council meeting to be held on the day of , next, at o'clock M., at this meeting place, with juris- diction retained for further consideration and action at the adjourned meeting. Abandoned. -2- AHLERS, GOONEY. DORW EILER. HAYNIE A SMITH. LAW YERs. DES MOINES. IOWA 1ECEDARRiPID :0.8Y...R+LA6DES MOINES I ff I i i I _ i I I 4 $i i S- i r I 1 Passed and approved this 27th day of September 1983. i i .. ANLEH6, COONEY, DOH W EILER. HAYN IE 6 SMITH. LAWYERS. DEfi MOINES, IOWA �' ■ jj ATTEST: il9n_.ticucaJ J I Clerks „ I I i "S s x I tII 5 F lp.� i -3- i .. ANLEH6, COONEY, DOH W EILER. HAYN IE 6 SMITH. LAWYERS. DEfi MOINES, IOWA �' ■ \7 Council MemberLynch introduced the following Resolution entitled "RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT PROJECT" and moved that it be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, Erdahl Lynch McDonald Neuhauser, Balmer. NAYS: None. Whereupon, the Mayor declared the following Resolution duly adopted: Res. 83-311 RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That City Engineer, Engineer, is hereby ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the Tanglewood -Ventura Special Paving Assessment Project. BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the Tanglewood -Ventura Special Paving Assessment Project. PASSED AND APPROVED this 27th day of September 1983. ATTEST: 7{/ -ZV t i C1ePk mi: AHLER6. COONEY, DORWEILER, HAYNIE&SMITH. LAWYERS. DEB MOINES. IOWA MICK)NUIED.BY....,..__...' . . DORM MICR#LAS. • CEDAR Rfl DES HDItlES ' �1 i j i is 1 , I i Council MemberLynch introduced the following Resolution entitled "RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT PROJECT" and moved that it be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson, Erdahl Lynch McDonald Neuhauser, Balmer. NAYS: None. Whereupon, the Mayor declared the following Resolution duly adopted: Res. 83-311 RESOLUTION DIRECTING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE TANGLEWOOD-VENTURA SPECIAL PAVING ASSESSMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That City Engineer, Engineer, is hereby ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the Tanglewood -Ventura Special Paving Assessment Project. BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the Tanglewood -Ventura Special Paving Assessment Project. PASSED AND APPROVED this 27th day of September 1983. ATTEST: 7{/ -ZV t i C1ePk mi: AHLER6. COONEY, DORWEILER, HAYNIE&SMITH. LAWYERS. DEB MOINES. IOWA MICK)NUIED.BY....,..__...' . . DORM MICR#LAS. • CEDAR Rfl DES HDItlES ' �1 PART 2 Council Member Balmer introduced the following Resolution and moved its adoption. Council MemberLvnch seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl Lynch, McDonald, Neuhauser, Balmer, Dickson. NAYS: None. Whereupon the Mayor declared the following Resolution duly adopted: Res. 83-312 RESOLUTION ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY, AND ORDERING CLERK. TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME, AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Tanglewood -Ventura Special Paving Assessment Project, is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the detailed plans and speci- fications as prepared by City Engineer, Engineer, for the project, for the construction of the Tanglewood -Ventura Special Paving Assessment Project, 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 i hereby ordered placed on file in the office of the Clerk for , E 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. ; i j AHLERS. COONEY. DORWEILER. HAYNIE A SMITH, LAWYERS. DES MOINES. IOWA R:. t JORM MICR+LAB i • CEDAR Rk DS • DES MOINES t(� j _i MI CROFI LMED. DY_.._._;__. _ JORM MICR+LA13 CEDAR RXPIDS • DES MOINES Y 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 November 1 , 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 November 8 1983, at 7:30 o'clock P.M. , 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 7:30 o'clock P M. on October 11 1983. PASSED AND APPROVED this 27th day September , 1983. /off VY` t 1.A Mayor ATTEST Clerk `f I I i ANLERS. GOONEY. DORWCILER. HAYN ICD SMITH. LAWYERS, DES MOINES. IOWA i Y Y� L i _1 MI CROFI LMED. DY_.._._;__. _ JORM MICR+LA13 CEDAR RXPIDS • DES MOINES CIG -3 1-79 CERTIFICATE STATE OF IOWA I SS 1 COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do and complete copy of hereby certify that attached is a true of said Municipality the portion of the corporate records the Council, and the same is a true and Showing proceedings of action taken by said Council with respect in complete copy of the the meeting held on the date indicated to said matter at the attachment, which proceedings remain in full force and any way; not been mthereatded rwassduly andnpublicly held efen fect, and hand that meeting all action of meeting and tentative agenda, a in accordance with a notice uncil timely served on each member of copy of which was placethe j and posted on a bulletin board or other prominent p designated for ; DY ofatheur- accessible to the public and clearly il the cheret0)opursuant pose at the principalendalbeing attachedce of to face sheet of said agendaof ter uncil and the the local rules of theCoeasonable advancenoticeto the 28A, Code of Iowa, upon to the least twenty-four hosaidplawrand cmem- public and media at with as required by { mencement of the meeting in I further certify a tiers of the public present attendance; the individuals named therein were on the date thereof city that duly and lawfully possessed of their respective vacancy existed except as indicated therein, that no council controversy Y lorsthreatened as may be stated in said prYaeedinvolvingthe is p Y the -I or litigation pending, incorporation, organization, existence or boundaries of therein as officers City or the right of the individuals named to their respective positions. 1983hereto WITNESS my hand and the seal of said Municipa1it affixed this 27th day of September _. City Clerk, Iowa City, Iowa I SEAL I i AHLERS. COONEY. DORWEILER, HAYNIE &SMITH• LAWYERS, DEB MOINES. IOWA 1 9A } �.•_�.E _ C Rt+LAB DES MOINES ' 1 I PART 3 CERTIFICATE OF THE CLERK OF THE CITY OF IOWA CITY, IOWA, TO BE FILED, INCLUDING EXHIBITS ATTACHED, WITH THE COUNTY TREASURER OF JOHNSON COUNTY, IOWA, AFTER ADOPTION OF THE RESOLUTION OF NECESSITY STATE OF IOWA ) COUNTY OF JOHNSON ) CITY OF IOWA CITY ) NOTICE OF PENDING ASSESSMENT PROCEEDINGS I, Marian Karr, Clerk of the City of Iowa City, Iowa, hereby certify that the Council of Iowa City, Iowa has adopted a Resolution of Necessity for certain street improvements, said improvements being generally designated in said resolu- tion and in prior proceedings of the Council as the Tanglewood -Ventura Special Paving Assessment Project. A true copy of said Resolution of Necessity is attached hereto, and consists of the Resolution of Necessity as originally proposed and Resolution with respect to the adoption of the Resolution of Necessity proposed for the Tanglewood -Ventura Special Paving Assessment Project are hereby attached, marked Exhibits "1" and "2." I further certify that attached hereto, marked Exhibit 113" and "4" are true and correct copies of the preliminary plat and schedule of assessments, said schedule setting out the estimated assessments proposed to be made against benefited properties for the purpose of paying a portion of the total overall cost of said improvements. Said assessments are a lien upon the benefited properties from the date of filing a certified copy of the Resolution of Necessity, the plat, and the schedule of assessments, as provided in Section 364.65(5) of the Code of Iowa. (Seal) C el rk of Iowa City, Iowa -10- ANLERS. COONEY. DORWEILER. HAYNIEhSMITH, LAWYERS. DES MOINES, IOWA �__ �_�•'.._:_.,...HILROFILHEO.BY._._._..,_�... t JORM MICR+LAB J(( CEDAR RAPIDS • DES 1401NES u i f 0. ii j, i ,p t. ew j 1 i PART 3 CERTIFICATE OF THE CLERK OF THE CITY OF IOWA CITY, IOWA, TO BE FILED, INCLUDING EXHIBITS ATTACHED, WITH THE COUNTY TREASURER OF JOHNSON COUNTY, IOWA, AFTER ADOPTION OF THE RESOLUTION OF NECESSITY STATE OF IOWA ) COUNTY OF JOHNSON ) CITY OF IOWA CITY ) NOTICE OF PENDING ASSESSMENT PROCEEDINGS I, Marian Karr, Clerk of the City of Iowa City, Iowa, hereby certify that the Council of Iowa City, Iowa has adopted a Resolution of Necessity for certain street improvements, said improvements being generally designated in said resolu- tion and in prior proceedings of the Council as the Tanglewood -Ventura Special Paving Assessment Project. A true copy of said Resolution of Necessity is attached hereto, and consists of the Resolution of Necessity as originally proposed and Resolution with respect to the adoption of the Resolution of Necessity proposed for the Tanglewood -Ventura Special Paving Assessment Project are hereby attached, marked Exhibits "1" and "2." I further certify that attached hereto, marked Exhibit 113" and "4" are true and correct copies of the preliminary plat and schedule of assessments, said schedule setting out the estimated assessments proposed to be made against benefited properties for the purpose of paying a portion of the total overall cost of said improvements. Said assessments are a lien upon the benefited properties from the date of filing a certified copy of the Resolution of Necessity, the plat, and the schedule of assessments, as provided in Section 364.65(5) of the Code of Iowa. (Seal) C el rk of Iowa City, Iowa -10- ANLERS. COONEY. DORWEILER. HAYNIEhSMITH, LAWYERS. DES MOINES, IOWA �__ �_�•'.._:_.,...HILROFILHEO.BY._._._..,_�... t JORM MICR+LAB J(( CEDAR RAPIDS • DES 1401NES u PART 4 SPECIAL ASSESSMENT CERTIFICATE WITH RESPECT TO CLAIMS FOR DEFERMENT OF ASSESSMENT ON AGRICULTURAL LAND The undersigned, Clerk of the City of Iowa City, Iowa, hereby certifies that the following owners of benefited pro- perty for the Tanglewood -Ventura Special Paving Assessment Project filed written request for deferment of their assessment with the City Clerk at the time of the hearing on the resolution of necessity for the project or within ten days thereafter: Parcel No. Owner None Total Assessment No tract of land listed above is of less than one-quarter acre surrounding any dwelling or nonfarm structure on that tract. I further certify that attached to this certificate are copies of all requests for deferment filed. Witness my hand and the seal of. said City hereto affixed. this 7th day of October , 1983, (Seal) (To be executed only after 10 days have elapsed following the hearing on resolution of necessity). (Attach to this certificate all requests for deferment .timely filed. If requests are filed the validity of which are questioned, those too should be forwarded for our review) -12- AHURS. COONEY. DORWELLER. HAYNIE A SMITH, LAWYERS, OES MOINES. IOWA JORM-MICR+LAB CEDAR RPPIDS • DES MOINES I i I I I I I i I I I I PART 4 SPECIAL ASSESSMENT CERTIFICATE WITH RESPECT TO CLAIMS FOR DEFERMENT OF ASSESSMENT ON AGRICULTURAL LAND The undersigned, Clerk of the City of Iowa City, Iowa, hereby certifies that the following owners of benefited pro- perty for the Tanglewood -Ventura Special Paving Assessment Project filed written request for deferment of their assessment with the City Clerk at the time of the hearing on the resolution of necessity for the project or within ten days thereafter: Parcel No. Owner None Total Assessment No tract of land listed above is of less than one-quarter acre surrounding any dwelling or nonfarm structure on that tract. I further certify that attached to this certificate are copies of all requests for deferment filed. Witness my hand and the seal of. said City hereto affixed. this 7th day of October , 1983, (Seal) (To be executed only after 10 days have elapsed following the hearing on resolution of necessity). (Attach to this certificate all requests for deferment .timely filed. If requests are filed the validity of which are questioned, those too should be forwarded for our review) -12- AHURS. COONEY. DORWELLER. HAYNIE A SMITH, LAWYERS, OES MOINES. IOWA JORM-MICR+LAB CEDAR RPPIDS • DES MOINES I i I I I I I t I i i i .w< i p,44LA / 4 - .73- 73 9-49-13 P:eC am < (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City 'Council of Iowa City, Iowa. 1 i Date of Meeting: September 27, 1983 Time of Meeting: 7:30 p.m. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. . I PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned f governmental body will meet at the date, time and place above S set out. The tentative agenda for said meeting is as follows: Resolution of necessity for the Tanglewood -Ventura Special Paving Assessment Project. - hearing Public ` g on proposed resolution of necessity. � i - Resolution with respect to adopting resolution of ,- U - necessity. - Resolution directing preparation of detailed plans and specifications, form of contract and notice to bidders. - Resolution ordering bids, approving plans, specifications and form of contract and related e E matters. I Such additional matters as are set forth on the addi- tional 19 r page(s) attached hereto. I (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. City `Clerk, Iowa City, Iowa L I i 1 1 i � i AHLERS. COONEY. DORWEILER. HAYNIE G SMITH, LAWYERS, DEB MOINES, IOWA f 195/2 -...ED ED,BY.,...._� C R�LAB S.MOINES PART 2 Council Memberintroduced the following Resolution c moved its adoption. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Lynch, McDonald, Neuhauser, Balmer, Dickson, Erdahl. NAYS: None. Whereupon the Mayor declared the following Resolution duly adopted: Res. 83-313 RESOLUTION ORDERING BIDS, APPROVING PLANS, SPECIFICATIONS.AND FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID SECURITY, AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING A DATE FOR RECEIVING SAME, AND FOR A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the St. Anne's Drive Special Paving Project -1983, is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the detailed plans and speci- fications as prepared by City Engineer, Engineer for the project, for the construction of the St. Anne's Drive Special Paving Project -1983, and the forii 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. AMLZRG. COON KY, OOMWEILER. HAYNIE I S.ITH. LAwyens. Ots MOIN=. IOWA _141CROF , ILMED BY JORM MICR+LAF.3 -CEDAR RAPIDS - DES MOINES I l9 y7 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 November as the date for receiving bids. Said bids are to be filed prior to 1000 o'clock q .M., on said date. I 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 7:30 1983. o'clock P M. on October 11 ' PASSED .AND APPROVED this 27th day of __Sentember , 1983. IMayor ATTEST: • I I I I 1 i _9_ ANLIA2. COONEY- OORW(ILCR. HAYNIE R SMITH. LAWVZAS. O[e MCING. IOWA _.._.�_MICROFILMED. BY.._...._ _ DORM MICRO LAB •CEDAR. RAPIDS DES MOINES 1 19`7 !II 5 eo I ffI 1 r i F i 1 1 l I i I 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 November as the date for receiving bids. Said bids are to be filed prior to 1000 o'clock q .M., on said date. I 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 7:30 1983. o'clock P M. on October 11 ' PASSED .AND APPROVED this 27th day of __Sentember , 1983. IMayor ATTEST: • I I I I 1 i _9_ ANLIA2. COONEY- OORW(ILCR. HAYNIE R SMITH. LAWVZAS. O[e MCING. IOWA _.._.�_MICROFILMED. BY.._...._ _ DORM MICRO LAB •CEDAR. RAPIDS DES MOINES 1 19`7 RESOLUTION NO. 83-314 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND, CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CURB WHEREAS, Ahrens Construction of Harper, Iowa has submitted the best bid of 19.025.00 for the construction of tt above-named project. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Ahrens Construction of Harper, Iowa , subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Lynch and seconded by McDonald the resolution as read be adopted, an 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 27th day of September 1983. ATTEST: %%7zycn,,.J 4-! CITY CLERK tha t ,...MICROFILMED.BY- DORM MICR+LAB I -CEDAR RAPIDS • DES MOINES J Recolvod & Approved E By The lecdal Dopaliqlant �� 9LzP3 j a 1 f i _ s x i , i i RESOLUTION NO. 83-314 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND, CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CURB WHEREAS, Ahrens Construction of Harper, Iowa has submitted the best bid of 19.025.00 for the construction of tt above-named project. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Ahrens Construction of Harper, Iowa , subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Lynch and seconded by McDonald the resolution as read be adopted, an 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 27th day of September 1983. ATTEST: %%7zycn,,.J 4-! CITY CLERK tha t ,...MICROFILMED.BY- DORM MICR+LAB I -CEDAR RAPIDS • DES MOINES J Recolvod & Approved E By The lecdal Dopaliqlant �� 9LzP3 q0 RESOLUTION NO. 83-315 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE TRANSIT MAINTENANCE FACILITY PARKING IMPROVEMENTS WHEREAS, L. L. Pell in Co. Inc of Iowa "1 has submitted the best bid of 290 000 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded toL. L. Pellin Co., Inc. of Iowa Cit subject to the condition that away ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by and seconded by Wnch that the resolution as read b -e a opte , and pon 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 27th day of Seprrmher • 19 -Al. ATTEST: e. CITY CLERK 7 �...... _..._..MICROFILMED.BY.. t JORM MICR+LAE3 I CEDAR RARI DS • OES MOINES L._. __..._ _... .. J R000Ved & Approved By T Lesal Da ad ent 14Y4 RESOLUTION NO. 83-316 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE ROCKY SHORE BIKEWAY PROJECT TO STRFR CONSTRUCTION rn INC WHEREAS, Streb Construction Company, Inc. of Iowa Cit has submitted the best bid of 31,940.16 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Streb Construction Company, Inc. of Iowa City , subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject tothecondition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved byL ch and seconded by Dickson that the resolution as read be a opted, an upon roll call there were: j. AYES: NAYS: ABSENT: x Balmer 1 x Dickson x Erdahl x Lynch k x McDonald x Neuhauser x Perret �. Passed and approved this 27th day of September 1983. 1 1 MAYOR r ATTEST: 22zOA �,J 41� 76Jw L) CITY CLERK Received 8 Approved ByThee Legal Die%nrtmont 19so -- f MICROE MED. BY., JORM MICR+LAE) CEDAR R�pIDS •DES MOINES � j City of Iowa City MEMORANDUM Date: September 22, 1983 To: City Council and City Manager ' From: Frank Farmer, City Engineer i Re: 1983 Paving Improvements (Lyon's Second Addition) Bids were received on September 7, 1983, for the above -referenced project. The City Council awarded the contract to the low bidder, which was Ahrens Construction, at the September 13, 1983, meeting. State law requires the City to provide proper notice to the public at various stages of the assessment proceedings. The City's bond counsel, Ahlers, Cooney, Dorweiler, Haynie & Smith law firm of Des Moines, Iowa, requests certified copies of the various notifications to ensure the City's compliance with the state law. Bond counsel's request for the verification of publishing the Advertisement for Bids in a local paper for the above -referenced project revealed that the Ad for Bids had inadvertently not been published. Upon bond counsel's advice, the original resolution awarding the contract is being rescinded. The Advertisement for Bids will be published on Thursday, September 22 and new bids will be received until and opened at 10:00 a.m. on Tuesday, September 27, 1983. The Council will then be asked to award the contract to the low bidder of the September 27 letting. Ahrens Construction has moved materials to the Lyon's job site for the storm sewer and retaining wall construction. The only work Ahrens has performed is to cut down an area of scrub trees and shrubs that had to be removed prior to the construction of the retaining wall. If Ahrens is not the low bidder at the September 27 letting, some form of compensation will be due them for the above-mentioned work. bj4/3 dasl ', a .••• ._._._ NCROFILHEO BY. .... JBRM MICR+LA9 •CEDAR R4I DS DES MOINES The Council considered the bids received and publicly opened pursuant to resolution of the Council and notice duly published for construction of the 1983 Paving Improvements (Lyon's 2nd Addition), in accordance with the plans and speci- fications therefor. Council Member Erdahl moved and Council Member Lynch seconded the motion as follows: X To adopt the following resolution Making Award of Contract(s) To defer bids for later consideration and action to a meeting to be held on the day of , 1983, next, at - o'clock .M., at this meeting place, with jurisdiction retained over all bids received. The roll was called and the vote was, AYES: Dickson Erdahl Lynch, McDonald, uhnuse, Balm r - NAYS: None. Whereupon, the Mayor declared the following Resolution duly adopted: Res.'No. 83-318 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Ahrens Construction of Harper, Iowa , n the. amount of $ , for the construction of the 1983 Paving Improvements .Lyon s'2nd Addition), described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the Lowest bid received for said work. -2- A.. Ina Cnn •i r. OOnw r,l rn N.+•na +5....w I.. w.fnn Ort Mni•,C .. IO'N• ,MICROFILMED BY t JORM MICR+LAB -CEDAR RAPIDS • DES MOINES L.. _ .... I I z7� 1 The Mayor and Clerk are hereby directed to execute each contract awarded above for the construction of said improvements. The contract shall be in force upon execution of same and upon filing a performance bond approved by the City Engineer. PASSED AND APPROVED, this 27th day of September , 1983. ATTEST: CYer2 -3- :..,MICROF1L11EO.BY,.._ JORMMICR+LAB -CEDAR' R6IOS •DES MOINES. 1 1, I; f i 5 L 7 �Y (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of. Meeting: September 27, 1983 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Civic Center 410 East Washington Street Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned above governmental body will meet at the date, time and place set out. The tentative agenda for said meeting is as follows: 1. Resolution Authorizing the Issuance of S650,000 in Aggregate Principal Amount of the City of Iowa City, Iowa, Commercial Development Revenue Bonds (outlot 25 Associates Series 1983, With the Proceeds from the saleof the Project) Bonds to he Loaned to outlot 25 Associates, an Iowa general a portion partnership, for the Purpose of Defrayin9ovin Oand Equippingfa the Cost Of Acquiring'artmentuFacility; the Execution and 21 -unit Residential Ap the Delivery of an Indenture of Trust to Secure Said BthesExecution Execution and Delivery of a Real Estate Mortgage; and Delivery of a Deed Restrictions; the Execution and Delivery of a Loan Agreement Between toohthe1Trusteeand 0of1the2Rightscandes the Assignment by the City Interest of the City in and to Said Real Estate ointment of of Said Bonds; App a Said Loan Agreement; the Sale Trustee; and Related Matters. ters as areforth 2. Such additional matttachedheretot(attachocopyeof additional 19 page(s) agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Mar an K. Karr, City Clerk of the City Of IOWA City, Iowa -11- AHLEOL. GOONEY. DORWEILER. HAYNIE n SMITH. LAWYER6. DCB MOIRES. IOWA t III CRO FILMED BY JORM MICR LAB i -CEDAR RAPIDS • DE: MOINES1 j 1g5R. RESOLUTION NO. RESOLUTION AUTHORIZING RELEASE OF SIDEWALK LIEN ON PROPERTY AT 820 WOODSIDE DRIVE. WHEREAS, pursuant to a Subdivider's Agreement relating to the Part Three, Terrace Hill Addition to Iowa City, dated June 7, 1961, the subdivider and successors and assigns, agreed to install sidewalks along portions of Woodside Drive; and WHEREAS, sidewalks were installed on the Woodside Drive side of the corner Lot involved, but no sidewalk has been installed along the west or Oakcrest side of said property; and WHEREAS, the City Council has determined that, because of the passage of over 20 years during which no sidewalk has been installed, there is no present need for such sidewalk. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Mayor is hereby authorized to sign, and the City Clerk to attest, a release from the lien for installation of sidewalks of said property, legally described as Lot 5, Terrace Hill Addition Part Three of Iowa City, Iowa. It was moved by Balmer 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 day of 1983• ATTEST: CITY CLERK MAYOR -_.-..MICROFIU1ED BY.... JORM MICR+LAB " CEDAR RAPIDS• DES MOINES i I i I i 1 i l I F i L j l j i RESOLUTION NO. RESOLUTION AUTHORIZING RELEASE OF SIDEWALK LIEN ON PROPERTY AT 820 WOODSIDE DRIVE. WHEREAS, pursuant to a Subdivider's Agreement relating to the Part Three, Terrace Hill Addition to Iowa City, dated June 7, 1961, the subdivider and successors and assigns, agreed to install sidewalks along portions of Woodside Drive; and WHEREAS, sidewalks were installed on the Woodside Drive side of the corner Lot involved, but no sidewalk has been installed along the west or Oakcrest side of said property; and WHEREAS, the City Council has determined that, because of the passage of over 20 years during which no sidewalk has been installed, there is no present need for such sidewalk. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Mayor is hereby authorized to sign, and the City Clerk to attest, a release from the lien for installation of sidewalks of said property, legally described as Lot 5, Terrace Hill Addition Part Three of Iowa City, Iowa. It was moved by Balmer 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 day of 1983• ATTEST: CITY CLERK MAYOR -_.-..MICROFIU1ED BY.... JORM MICR+LAB " CEDAR RAPIDS• DES MOINES i I i I i 1 I.. I Y Roeatvnd & Approved By Thq legal De ar niont i TO: 1 FROM: RE: City of Iowa City MEMORANDUM DATE: 10 August 1963 Robert W. Jansen, City Attorney Richard J. Boyle, Assistant City Attorney Woodside Drive Sidewalk Attached is a memorandum from the City Engineer concerning the sidewalk problem raised by John Hayek. John remembers Council was aware that sidewalk releases could only be issued by the City Engineer if sidewalks had been installed, but wanted to waive installation if the action would not constitute a bad precedent for other such requests. I am fairly certain that a waiver would be used as a precedent for other such requests by similarly situated lot owners, even though the circumstance of development approximately twenty years ago might be considered as a distinguishing factor.. On the other hand, ,I 'do not think a single waiver would necessarily support an equal protection argument. MY main, concern is that the sidewalk requirement is, presumably, based upon a perceived need, and that need is not met if the require- ment can be waived, however meritorious might be a lot owners com- plaint that the City has failed to enforce the requirement in a timely manner. _.. .___...,. MICROEIL14ED BY..;..____..�.._.. JORM MIO R+LAB -CEDAR RAPIDS • DES MOINES 1 i i I I I I J_ I i TO: 1 FROM: RE: City of Iowa City MEMORANDUM DATE: 10 August 1963 Robert W. Jansen, City Attorney Richard J. Boyle, Assistant City Attorney Woodside Drive Sidewalk Attached is a memorandum from the City Engineer concerning the sidewalk problem raised by John Hayek. John remembers Council was aware that sidewalk releases could only be issued by the City Engineer if sidewalks had been installed, but wanted to waive installation if the action would not constitute a bad precedent for other such requests. I am fairly certain that a waiver would be used as a precedent for other such requests by similarly situated lot owners, even though the circumstance of development approximately twenty years ago might be considered as a distinguishing factor.. On the other hand, ,I 'do not think a single waiver would necessarily support an equal protection argument. MY main, concern is that the sidewalk requirement is, presumably, based upon a perceived need, and that need is not met if the require- ment can be waived, however meritorious might be a lot owners com- plaint that the City has failed to enforce the requirement in a timely manner. _.. .___...,. MICROEIL14ED BY..;..____..�.._.. JORM MIO R+LAB -CEDAR RAPIDS • DES MOINES 1 City of Iowa Ch'i MEMORANDUM Date: August 3, 1983 To: Richard Boyle, Assistant City Attorney] From: Frank Farmer, City Engineer QAC l Re: Sidewalk Release for 820 Woodside Drive The sidewalk on Oakcrest Street, along the west side of the property known as 820 Woodside Drive, has not been installed. Therefore, a sidewalk release for the Subdivider's Agreement should not be issued. A case in point, on Kathlin Drive, a sidewalk release was inadvertently given for a particular lot. The walk along the front was installed, but the walk along the back, Benton Street, had not been installed. Since the release was given, the property owner felt they should not have to pay for the installation of the sidewalk. By mutual agreement, the City paid for two-thirds and the property owner one-third of the cost to install the sidewalk. Granting sidewalk releases for sidewalks not constructed may put the City in a position of funding the reconstruction of the sidewalk in the future. bdw3/3 1. 1 LMED_BY JORM MICR+LAB i •CEDARRPPI DS •DCS MOINES ■ 1953 i tl i I i i 1 City of Iowa Ch'i MEMORANDUM Date: August 3, 1983 To: Richard Boyle, Assistant City Attorney] From: Frank Farmer, City Engineer QAC l Re: Sidewalk Release for 820 Woodside Drive The sidewalk on Oakcrest Street, along the west side of the property known as 820 Woodside Drive, has not been installed. Therefore, a sidewalk release for the Subdivider's Agreement should not be issued. A case in point, on Kathlin Drive, a sidewalk release was inadvertently given for a particular lot. The walk along the front was installed, but the walk along the back, Benton Street, had not been installed. Since the release was given, the property owner felt they should not have to pay for the installation of the sidewalk. By mutual agreement, the City paid for two-thirds and the property owner one-third of the cost to install the sidewalk. Granting sidewalk releases for sidewalks not constructed may put the City in a position of funding the reconstruction of the sidewalk in the future. bdw3/3 1. 1 LMED_BY JORM MICR+LAB i •CEDARRPPI DS •DCS MOINES ■ 1953 i tl I informal Council September 13, 1982 Page 3 1093-1300 SIDEWALK WAIVER REQUEST Atty Hayek represented Shi ton , 820 Woo__ __dd. Ori,e, The Engineering Dept. did not recommend waiver of the requirements of the previous agree- ment, but did not request the installation of t6erlinewalk advised thattCouncil The agreement is a lien against the property. could have the sidewalk installed under the special assessment process. Hayek advised that his client had put $800 in escrow for sidewalk. Engr. Farmer stated that there are other lots in the area with no sidewalk and liens on them had not been released. Berlin noted that when this has come to Staff's attention previously, the owner has had to put the sidewalk in. Erdahl thought the sidewalk was needed. The item will be deferred for the City Attorney's written opinion regarding enforce t and legal implications. 1300-1718 COUNCIL BUSINESS be l iiallyrWillowsCreek. Berlin replied thatwtheralkse couldsbeelfaCouncil pec - approves the money in the budget. 2. McDonald t cDonaldquesioned payment aymwill ntfor t50%vofltherestimate. oject on DuHe has sue 5about t. anner ); of the agreements back and needs all to proceed. Design Review has reviewed the project and has resolved its concerns with types of trees and locations. 3. Lynch called attention to the need to modify the Roberts Rules of Order I an regarding counting of votes when Councilmember abs The Attorneyas. All4'willit to be counted a 'zero'. neither an aye or a nay. draft a resolution. 4. Erdahl pointed out a correction to the priority for discussion of Council salaries on the pending list. He thought it would be discussed as soon as possible when all Councilmembers were planning to be present for an informal meeting. Berlin advised that it would be moved up in priority. the committee 5. Balmer asked a reort on the negotiation ofothe Iowa -Illinois franchise ress f Perret outlined the work on the complicated issues so far, and explained why the franchise was not on this fall's electionballot. advised Special trat thereht be determined to be discriminatory. Atty. Jansenhad been no ruling by the Iowa Commerce Commission on Dubuque's challen- re uses gasn the wathe e. Berlandpelectricityouttinttheere last 25 years,manhso9es the committee wouldity like to discuss a franchise for a lesser number of years. City Atty. requested Council adopt the sa me in effect during ne eing toas snot permit individualoti- ations of the cable franchise, by negotiations, but to allow the company to pursue any issue with the Council as a whole. There was a consensus to adopt this policy formally. 6. Erdahl reported on his meeting with the Chamber of Commerce regarding Committee he had suggested. A separate task force was sugg He will meet with Berlin before approaching the University administration on the issue. There were no objections. Berlin suggested calling R. Bezanson or C. Mahon. on ,.y 7. Berlin advised ng her gDickson on that tAhe did not yet have an answer from staff 8. Neuhauser called attention to a problem in an area where gas lights are used instead of street lights. As some gas lights are not now used, residents sisish to have street lights installed. Dickson advised that a tion circ MICROFILMED BY l JORM MICR+LAB I CEDAR RA RIDS • DE= MOINES i 2 1 RESOLUTION N0, 83=319 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT. WHEREAS, the City Council of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America defined in the Annual Contributions Contract and which at any time now or hereinafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY, as follows: Section 1. The Annual Contributions Contract in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro Tem is hereby authorized and directed to execute said contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts; or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Annual ,Contributions Contract shall have the respective meanings ascribed thereto in the Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by McDonald and seconded byDick_ 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 27th day of September , 1983. Lam. L � �• � ---• ' ATTEST: )%& u r.,J Z 7C JA—) CITY CLERK .__.. _ MICROFILMED aY _.. { DORM; MICR+LAB If}$ - CEDAR RAPIDS • BE: MOINES 1 Roeelvod & Approved [Sy The Legal Department ■ IIUD-525209 'Page 1 of 3 Pages Revised may 1976 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM EXISTING HOUSING MASTER SECTION 8 ACC NUMBER: KC -9033 PART 1 OF THE ANNUAL CONTRIBUTIONS CONTRACT EFFECTIVE DATE: (Date of execution by the Government of this ACC Part 1) NUMBER OF THIS ACC PART I: KC -9033E 1.1 The Program. (a) Projects Within Program. The Existing Housing Program under this ACC Part 1 includes the following projects: Project Number: ACC List Number and Date of Approval IA05-022-001. KC -78-1.20 4/20/78 IA05-EO22-002 KC -78-119 4/20/78 IA05-EO22-003 KC -76-126 5/26/76 IA05-EO22-004 KC -78-118 4/20/78 IA05-EO22-006 KC -78-086 3/29/78 IA05-E022-007 KC -79-1.46 4/23/79 IA05-EO22-008 KC -81.-213 6/9/81 IA05-EO22-009 KC -83-207 9/1.6/83 (b) Number of Units (By Size) in Pro ram. The aggregate number of units by size of unit included in these projects is as follows: Size of Unit: Number of Units: 0 Bedroom 10 1 Bedroom 180 2, Bedroom 21.3 3 Bedroom 27 4 Bedroom 4 (c) Maximum ACC Amount. The maximum ACC amount for all Program Expenditures in respect to,khe aggregate number of units in these projects (the Program) is 1.,01.7,768.00 per year; provided, however, that this amount shall be reduced commensurately with any reduction in the number of units or changes in unit size under any provision of this ACC (see Section 1.4(a)). The PHA shall not enter into any Contract or take any other action which will result in a claim for an Annual Contribution in respect to the Program in excess of the amount stated in this paragraph (c). (d) PHA Obligation. The PHA, to the maximum extent feasible, shall enter into. Housing Assistance Payments Contracts ("Contracts") in accordance with the numbers and sizes of units and subject to the maximum ACC amount specified above. (c)Meaning of "Project" as Used in Master ACC and Part II. For purposes of this Part I the term "Project" wherever used in the Master Section 8 ACC and in Part II shall mean all the projects in the "Existing Housing Program." ! 1.2 Authorization of Actions by PHA. In order to carry out the Program, the PHA is authorized to (a) enter into Housing Assistance Payments Contracts, (b) make housing assistance payments on behalf of Families, and (c) take all other necessary actions all in accordance with the forms, conditions and requirements prescribed or approved by the Government; provided, however, that neither the PHA nor the Government shall assume any obligation beyond that provided in Contracts in the form approved by the Government. i •,'......_.._MICRDFILMED_DY..-- -_..' _. JORM MIO p�LAS CEDAR.RFPIDs DES MOINES PUD -52520E Page 2 of 3 Pages 1.3 Term of ACC, Lease and Contract. (a) Term of ACC, The term of this ACC shall be five years. (b) Term of Lease and Contract. The term of each Lease shall be for not less than one year nor more than three years, but the Lease may contain a provision permitting termination upon 30 days advance written notice by either party. The term of each Contract shall be for the term of the Lease, provided that if a Family continues in occupancy after the expiration of the term on the same terms and conditions as the original Lease (or changes thereto which have been approved by the PNA and incor- porated in the Contract where appropriate), the Contract shall continue in effect for the duration of such tenancy subject to the limitation in the next sentence. Any renewal of the Contract and Lease term, and any continuation of tenancy beyond the term, shall in no case extend beyond the term of this ACC. 1 1.4 Annual Contribution. (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section ) or any provisions of any other contract between the Government and the PITA, the Government shall not be obligated to make any Annual Contribution or any other payment with respect to any Fiscal Year in excess of the amount stated in Section 1.1(c). (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, the Government shall pay for each Fiscal Year an Annual Contribution to the PHA '1 in respect to the Program in an amount equal to the sum of the following (subject to reduction by the amount of any Program Receipts other than Annual Contributions, which Receipts shall be available for Program Expenditures): (1) The amount of housing assistance payments payable during the Fiscal Year (see Section 1.5) by the PITA pursuant to the Contract, as authorized in Section 1.2. (2) The allowance, in the amount approved by the Government, for preliminary costs - of administration. j (3) The allowance, in the amount approved by the Government, for regular costs of i. administration, including costs of Government -required audits of owners and the PHA. (c) (1) An ACC reserve account will be established and maintained by the Govern ment, as a specifically identified and segregated account, in an amount as determined by the Government consistent with its responsibilities under Section 8(c)(6) of the Act. - Tothe :extent funds are available in said account, the Annual Contribution for any Fiscal Year may exceed the maximum amount stated in paragraph (a) of this Section by such amount, if any, as may be required for increases reflected in the estimates of required Annual Contribution applicable to such Fiscal Year as approved by the Government in accordance with Section 2.11 below. F- - (2)The Government will take such additional steps authorized by Section 8(c)(6) Of the Act as may be necessary to assure availability of funds to cover increases in housing assistance payments on a timely basis as a result of increases in Contract b Rents or decreases in Family Incomes. i (d)The Government will make periodic payments on account of each Annual Contri- bution upon requisition therefor by the PHA in the form prescribed by the Government. Each requisition shall include certifications by the PHA that housing assistance payments have been or will be made only: (1) In accordance with the provisions of the Contracts; and (2) Withrespect to units which the PITA has inspected or caused to be inspected, pursuant to Section 2.4 of Part II of this ACC, within one year prior to the making of such housing assistance payments. (e) Following the end of each Fiscal Year, the PIIA shall promptly pay to the Government, unless other disposition is approved by the Government, the amount, if any, by which the total amount of the periodic payments during the Fiscal Year exceeds the total amount of the Annual Contribution payable for such Fiscal Year in accordance with this Section. 1.5 Fiscal Year. The Fiscal Year for the Program shall be the Fiscal Year es- tablished by Section 0.3 of this TCC; provided, however, that the first Fiscal Year for the Project shall be the period beginning with the effective date of this ACC Part I. ...� !...... . MICROFILMED BY_.. JORM MICR¢LAE3 -CEDAR RAPIDS • DES MOINES 1 F)UD;5252013 Page 3 of 3 Pages n and ending on the last day of said established Fiscal Year which is not less than 12 months after such effective date. If the first Fiscal Year exceeds 12 months, the maximum Annual Contribution in Section 1.1(c) may be adjusted by the addition of the pro rata amount applicable to the period of operation in excess of 12 months 1•.6 Periodic Adjustment of Contract Rents. Each contract may provide for periodic adjustments in the Contract Rents chargable by the Owner and commensurate increases in amounts of housing assistance payments in accordance with applicable Government regulations. 1.7 Equal Opportunity Housing Plan. The PHA shall comply with all provisions j of its IIUD-approved equal opportunity housing plan. 1.8 Expeditious Carrying out of Program. The PHA shall proceed expeditiously with the Program. If the PHA fails to proceed expeditiously, the Government, by notice to the PHA, may reduce its obligation hereunder with respect to the Program to the number and size of dwelling units under Contracts with Owners as of the date of receipt of such notice by the PHA, with a corresponding reduction in the maximum amount of the Annual Contribution specified in Section 1.1(c). 1.9 Prior ACCs Superseded. This Part I supersedes prior Section 8 Existing Housing ACC Parts I, if any. i Received A Approved By Tha legal Department ._i PHACITY /Or IOWA CITY, IOWA By Vim 1A4, MARI C. NEUHAUSER MAYOR (Official Title) Date September 27, 1983 United States of America Secretary Dousing and Urb n. Development IIy ler Bauer, Manager Des o i n Off (official Title) Date /b — / J" - ? . - JORAd: MICRtCAB' CEDAR RAPIDS • DES MOINES -1. I ( i i I Ii t' S �rr l I Received A Approved By Tha legal Department ._i PHACITY /Or IOWA CITY, IOWA By Vim 1A4, MARI C. NEUHAUSER MAYOR (Official Title) Date September 27, 1983 United States of America Secretary Dousing and Urb n. Development IIy ler Bauer, Manager Des o i n Off (official Title) Date /b — / J" - ? . - JORAd: MICRtCAB' CEDAR RAPIDS • DES MOINES -1. I ( i i I Ii t' f J5 I GENERAL CERTIFICATE I, Marian K. Karr, 00 HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, I am N custodian of its records and am familiar with its organization, membership, and activities. 2. That the proper and correct corporate title of the Local Agency is the , City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the I authority of the constitution and statutes of the State of Iowa including, particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and of its principal officers are as follows: DATE OF DATE OF COM- DATE OF EXPIRA- ELECTION OR MENCEMENT OF TION OF TERM NAME & OFFICE (s) APPOINTMENT TERM OF OFFICE OF OFFICE j Mary Neuhauser Mayor 1/4/82 1/4/82 1/2/84 Councilmember 11/6/79 1/2/80 1/2/84 David Perret 1 Mayor Pro tem 1/4/82 1/4/82 1/2/84 1 Councilmember 11/6/79 1/2/80 1/2/84 i John Balmer Councilmember 11/6/79 1/2/80 1/2/84 ; Kate Dickson Councilmember 11/3/81 1/2/82 1/2/86 I . I Clemens Erdahl Councilmember 11/3/81 1/2/82 1/2/86 Lawrence Lynch Councilmember 11/6/79 1/2/80 1/2/84 John McDonald _ Councilmember 11/3/81 1/2/82 1/2/86 Neal Berlin City Manager 1/14/75 1/14/75 Indefinite Robert W. Jansen City Attorney 6/30/81 1/2/82 1/2/84 Marian K. Karr City Clerk 4/12/83 4/12/83 1/2/84 5. Each of the above-named officers required to do so has duly taken and filed his oath of office .and :each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. — 6, None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. ww, L �,.~.�. MICROFILMEOBY.:. 4 JORM MIOR¢LAE3 1 CEDAR 11PIDS 0 IE" MOINES I I j Page 2 Ge X31 Certificate 8. Since January 4, 1982, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 27thday September 19 83 MARIAN K. KARR CITY CLERK j I i 1 i F Page 2 Ge X31 Certificate 8. Since January 4, 1982, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 27thday September 19 83 MARIAN K. KARR CITY CLERK j i 1 i I I i i a } r -r EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF IOIVA CITY REGULAR HUD -9012 < (11-68) HELD ON THE 27711 DAY OF SMENIBER , 19 83 1pp The City Council of the City of Iowa City met in regular the Civic Center i Iowa City Iowa and date duly established for the holding of such meeting. meeting at in the City of , at the place, hour, The Mayor called the meeting to order and on roll call the __following answered present: { Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser Ferret Mayor declared a quorum present. rt rt rt rt rt rt rt r rt rt rt rt rt• r rt rt rt __MICROFILMED JORM MICR+LAB -CEDAR RdPIDS DES MOINES 1 i I I 1pp _ I 4 i 3 t } a eU.8GOVERNMENT Pe1NTWO OFFICE: ID77-7E5A11n0 , '... I.I."..! . 1 3 t } a eU.8GOVERNMENT Pe1NTWO OFFICE: ID77-7E5A11n0 , '... I.I."..! HUD -"14 1tl-dq The following resolution was introduced by Mayor Mary Neuhauser read in full and considered: McDonald moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Dickson and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS W. Balmer None aDickson x Erdahl Lu Lynch :3 McDonald FNeuhauser z Q W 0 - r. UJ.. 0 Cr The Mayor thereupon declared said motion carried and said resolution adopted, +�eetererei�e- There being no further business to come before the meeting upon motion duly mrie f and seconded, the meeting was adjourned. i j! I i I i i pp (l6q , . JORM_ MIC R(�LAFJ CEOAR ,RARI OS • DES MOINES 1 1 1 HUD -9011 j (11-68) CERTIFICATE OF RECORDING OFFICER I, Marian K. Karr , the duly appointed, qualified and acting City Clerk of Iowa City, Iowa , do hereby certify that the attached extract from the minutes of the regular meeting of the City Council of the City of Iotaa City , held on September 27, 1983 is a true and correct copy of the original minutes of such meeting on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the wal of said ' the City of Iowa City this 27th day of September , 19 83 . .. 0 b d6im kitNt OAPrfiiaa WOO; ioii-ia,mirn' � � •,_. ,....I4ICRDFWIED BY._.; . �.... l JORM ,MICR+L.AB 4 CEDAR RAPIDS • DES MOINES tj I I 1, f .. 0 b d6im kitNt OAPrfiiaa WOO; ioii-ia,mirn' � � •,_. ,....I4ICRDFWIED BY._.; . �.... l JORM ,MICR+L.AB 4 CEDAR RAPIDS • DES MOINES tj I rp ,."N September 23, 1983 Mr. Lyle G. Seydel Housing Coordinator City of Iowa City, Civic Center 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Seydel: U.S. Department of Housing and Urban Development Des Moines Service Office, Region VII 210 Walnut Street, Room 259 Des Moines, Iowa 50309 SUBJECT: Section 8 Existing Annual Contributions Contract, Part I, Project No. IA05-EO22-009, Contract KC -9033, City of Iowa City Enclosed is Part I and Part II of the Section 8 Existing Annual Contributions Contract and supporting documents for the above referenced project.. Please have your agency execute, in duplicate, all agreements simultaneously with supporting documentation and return them, undated, to.,the Des Moines Office. After the Manager has signed the contract, a fully executed contract counterpart will be sent to your agency. Please return the executed contract as soon as possible. Should you have any questions, please call me at Area Code (515) 284-4599. nc , i. Jo n A.'Alphson, Jr. orney-Adviser, 7.1SG Enclosures -� � .�. •.^. __...MICROF'1Lt9E0 �..... JORM.._MICRI�CAB 7£)j • CEDAR RhIDS • DES MOINES I i_......_.___..-. _ _.. ._. __ _._......-_..... _.. -.._ 4: i ;i 1. ,."N September 23, 1983 Mr. Lyle G. Seydel Housing Coordinator City of Iowa City, Civic Center 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Seydel: U.S. Department of Housing and Urban Development Des Moines Service Office, Region VII 210 Walnut Street, Room 259 Des Moines, Iowa 50309 SUBJECT: Section 8 Existing Annual Contributions Contract, Part I, Project No. IA05-EO22-009, Contract KC -9033, City of Iowa City Enclosed is Part I and Part II of the Section 8 Existing Annual Contributions Contract and supporting documents for the above referenced project.. Please have your agency execute, in duplicate, all agreements simultaneously with supporting documentation and return them, undated, to.,the Des Moines Office. After the Manager has signed the contract, a fully executed contract counterpart will be sent to your agency. Please return the executed contract as soon as possible. Should you have any questions, please call me at Area Code (515) 284-4599. nc , i. Jo n A.'Alphson, Jr. orney-Adviser, 7.1SG Enclosures -� � .�. •.^. __...MICROF'1Lt9E0 �..... JORM.._MICRI�CAB 7£)j • CEDAR RhIDS • DES MOINES I i_......_.___..-. _ _.. ._. __ _._......-_..... _.. -.._ i ;i 1. l: i S I i .i i. y i ,I , ,."N September 23, 1983 Mr. Lyle G. Seydel Housing Coordinator City of Iowa City, Civic Center 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Seydel: U.S. Department of Housing and Urban Development Des Moines Service Office, Region VII 210 Walnut Street, Room 259 Des Moines, Iowa 50309 SUBJECT: Section 8 Existing Annual Contributions Contract, Part I, Project No. IA05-EO22-009, Contract KC -9033, City of Iowa City Enclosed is Part I and Part II of the Section 8 Existing Annual Contributions Contract and supporting documents for the above referenced project.. Please have your agency execute, in duplicate, all agreements simultaneously with supporting documentation and return them, undated, to.,the Des Moines Office. After the Manager has signed the contract, a fully executed contract counterpart will be sent to your agency. Please return the executed contract as soon as possible. Should you have any questions, please call me at Area Code (515) 284-4599. nc , i. Jo n A.'Alphson, Jr. orney-Adviser, 7.1SG Enclosures -� � .�. •.^. __...MICROF'1Lt9E0 �..... JORM.._MICRI�CAB 7£)j • CEDAR RhIDS • DES MOINES I i_......_.___..-. _ _.. ._. __ _._......-_..... _.. -.._ i ;i 1. i S .i ,I �1 ,t 1.,.� _IiICROFILMED.BY.^ . JORM, MICR+LAB •CEDAR. RAPIDS •DES MOINES 1 I l / INSTRUCTIONS FOR SUBMISSION OF ANNUAL CONTRIBUTIONS CONTRACT DOCUMENTS The enclosed documents are to be processed by the Local Authority as follows: 1. ANNUAL CONTRIBUTIONS CONTRACT. Return two �2) executed I� Wundated co ies, including the original—or rl of n Copies. e nnual ontributions Contract will be i dated when executed on behalf of the Government, and a fully executed copy will be sent to you. I z 2. TRANSCRIPT OF THE LOCAL AUTHORITY PROCEEDINGS. Return two 2 m X certified copies of the complete transcript o cne Loca t w ut ority s proceedings adopting a Resolution Authorizing the Execution of the Annual Contributions Contract. M i = o o 1— S. GENERAL CERTIFICATE. Return two 2 ex%ecuted co ies of the General o Z Certificate r��ouyy, t own to current ate from the date of your last 1 SUFMq: scion. Uj 0 "If a special meeting is held, please be sure that all the Cor,.missioners I sign the Waiver of Notice on the face of the minutes whether they are a present at the meeting or not. z W m 1 I O cc o G In X M z C0 M if I I 195Y 1.,.� _IiICROFILMED.BY.^ . JORM, MICR+LAB •CEDAR. RAPIDS •DES MOINES 1 I l I I RESOLUTION N0. 83-320 RK TEST AYOR'S YOUTH EMPLOYMENT TH PROGRAM FOR THE USE OF , RESOLUTION AUTHORIZING THE MAYOR YOUTH EMPLOYMSIGN ENT BILLIFUNDSTY EFORTTHETMYEP AN AGREEMENT WITH THE M 1983 COMMUNITY DEVELOPMENT BLOCK G the U.S. JOBS CLUB. the City of Iowa City is the recipient of funds granted Y WHEREAS, and Title and Urban Development (HUD) under Title I of the Hous' Department of Housing as amended (Public Law 93-383), and Community Development Act of 1974, the Jobs Bill"); and funds to assist I of Public Law 98-8 ( wishes to utilize such art time City of Iowa City young people in finding P WHEREAS, theCity disadvantaged Y principally public and private sector. i employment in the p IOWA: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITCY Clerk to attest an 1 NOW, to sign and the City Mayor be authorized orated by this 1, That the May Employment Program for the MYEP Jobs Club. agreement with the Mayor's Youth Emp Y Said agreement is attached to this resolution and is incorp reference herein. McDonald the Resolution It.was moved by Erdahl and seconded by �— be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Dickson x Erdahl x Lynch McDonald I x Neuhauser z z Perretrret 27th day of Septeir ' 1983. 3 Passed and approved this �— i MAYOR' } ATTEST: CITY CLERK ,(t 1 i 1 �I f i pecowod II, APProvea4 ,.. i t 8y the Cei aq DeP o n� I j , . .._,.,MICROFILMED .Br..... JORM MICR+LAB fj{ •CEDAR RAPIDS < DES MOINES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MAYOR'S YOUTH EMPLOYMENT PROGRAM FOR THE USE OF 1983 COMMUNITYeDEVELOPMENTBLOCK GRANT JOBS BILL FUNDS FOR THE MYEP/JOBS CLUB THIS AGREEMENT, entered into this day of O c)irL f_, 1983, by.and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and Mayor's Youth Employment Program (herein referred to as "MYEP"); and WHEREAS, the City is the recipient of Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383), and Title I of Public Law 98-8 (the "Jobs Bill"); and WHEREAS, the City wishes to utilize such funds to assist principally economically disadvantaged, young people in finding part-time employment in the public and private sector through the establishment of an MYEP "Jobs Club." NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT. I. PURPOSE AND SCOPE OF SERVICES: A. MYEP will provide an after-school program to assist principally disadvantaged youths in finding part-time employment in the public and private sector. B. MYEP will perform the following services in a manner satisfactory to the City: 1. Recruit youths through public notices, notification of referring agencies and the schools, and screen applicants for eligibility according to criteria set up by. MYEP. Said criteria must be approved by the City, in writing, as complying with all applicable local, state and federal laws and regulations. 2. Hire administrative and supervisory personnel to provide training, employment counselling and assistance to youths to develop skills in finding and holding part-time jobs in the public and private sector. 3. To the extent practicable, use the funds disbursed under this agreement to maximize immediate creation of new employment opportunities, particularly for persons who were unemployed at least 15 of the 26 weeks prior to March 24, 1983. Further, MYEP will ensure that any contracts for work under this agreement contain an appropriate special employment opportunity statement. 4. Maintain sufficient worker's compensation and liability insurance covering persons directly employed by MYEP, and assume all responsibility for tort claims related to the MYEP Jobs Club Program. TZI__.",.........._141CROFILMED.BY-_.._:_.__I. JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 2 II. TIME OF PERFORMANCE: This agreement shall commence upon execution by the parties and shall terminate May 31, 1984. III. FUNDING: The City shall pay 84,300 to MYEP to provide these services from September 1, 1983, through May 31, 1984. Lump sum payment shall be made as soon as practicable following the execution of this agreement. In the event that MYEP is unable to perform the services required by this program or the program is terminated, all unobligated funds shall be returned to the City. IV. GENERAL ADMINISTRATION: A. Employment Reports: 1. The City will provide accounting and payroll services for the MYEP Jobs Club Program. 2. The MYEP Director shall be responsible for the administration of the program, including the preparation of a program budget for the City's approval. All expenditures under the program shall conform to OMB Circular A-122, Cost Principles for Non -profit - Organizations (copy to be provided by the City). The MYEP Board shall serve as an advisory committee for the selection of the Director. The Director and other supervisory personnel shall be entitled to such benefits as are approved by the City and the Board of MYEP. 3. MYEP will direct all correspondence concerning this agreement to the Office of the Iowa City Community Development Block Grant Program Coordinator. 4. MYEP will submit special monthly reports to the Program Coordinator's office by the 15th day of each month until all CDBG funds disbursed under this agreement have been expended. Such reports will include at a minimum information regarding employment opportunities and program beneficiaries. 5. Not later than June 30, 1984, MYEP will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. B. Other Reports, Audits and Inspections: 1. MYEP will furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this agreement within the time requested. 2. At any time during normal business hours, there shall be made available to the City, HUD and/or the Comptroller General of the ...... L` JORM MIC R+LAB -CEDAR R4! DS • DES MOINES 1 t I 19s5 ,-' 3 United States, or the duly authorized representatives, all of MYEP's records with respect to this agreement in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. 3. MYEP will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement. IV. TERNS AND CONDITIONS: This agreement shall be subject to the following terms and conditions, to - wit: A. EQUAL EMPLOYMENT OPPORTUNITY The MYEP Jobs Club Program shall not permit any of the following practices: Discharge from employment, refuse to hire or discriminate against any individuals in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. B. NON-DISCRIMIANTION IN SERVICES MYEP 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. C. TERMINATION: This agreement may be terminated upon a 30 -day written notice by either party. D. INTEREST OF MYEP MYEP covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services under this agreement. MYEP further covenants that in the performance of this agreement no person having such an interest shall be employed by MYEP. E. ASSIGNABILITY MYEP shall not assign or transfer any interest in this agreement whether by assignment or novation, without the prior written approval of the City. -.;-- r' _... _.._...,MICRO FILMED .BY.._ -____._j. JORMMICR+LAB .I -CEDAR RXPIDS • DES MOINES i. -1 i 4 F. HOLD HARMLESS PROVISION MYEP shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, torts, wrongdoings or criminal action caused by persons, employed by or under the supervision of the MYEP Jobs Club Program, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 3 day of bt 4: „ 1, 1983. — ,._... MICRDFILMED.BY..:_ JORM MICR+LAB • CEDAR. dPl,I •DES MOINES ) l 1 i. 1.. I ,._... MICRDFILMED.BY..:_ JORM MICR+LAB • CEDAR. dPl,I •DES MOINES ) W" i 1� Iowa City, Iowa, September 27, 1983. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. I The meeting was called to order by Mary C. Neuhauser, Mayor, presiding, and on roll call the following Council AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEB MOINES. IOWA T .__,.MICRDfILMED aY__._ _... JORM MICR+LAB •CEDAR RIIPIDS •DES MDINES I , j 7 f AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEB MOINES. IOWA T .__,.MICRDfILMED aY__._ _... JORM MICR+LAB •CEDAR RIIPIDS •DES MDINES I Y L Matters were discussed relative to final authorization and issuance of $850,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Lyman Addition . Associates Project) Series 1983. Following a report on the proposed Project by representatives of said Company and a discussion of the Bond issue, Council Member Lynch proposed the following Resolution and moved its adoption. Council Member Dickson seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution adopted by the following vote: AYES: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald. NAYS: None. The Resolution was thereupon signed -by the Mayor and in evidence of her approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- AHLERS• GOONEY. DORWEILER. HAYNIE6 SMITH. LAWYERS. DEB MOINES. IOWA JORM MICR+LAB •CEDAR. RAPIDS DES MOINES p I I ■ I i 1 i. I- i Matters were discussed relative to final authorization and issuance of $850,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Lyman Addition . Associates Project) Series 1983. Following a report on the proposed Project by representatives of said Company and a discussion of the Bond issue, Council Member Lynch proposed the following Resolution and moved its adoption. Council Member Dickson seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution adopted by the following vote: AYES: Neuhauser, Balmer, Dickson, Erdahl, Lynch, McDonald. NAYS: None. The Resolution was thereupon signed -by the Mayor and in evidence of her approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- AHLERS• GOONEY. DORWEILER. HAYNIE6 SMITH. LAWYERS. DEB MOINES. IOWA JORM MICR+LAB •CEDAR. RAPIDS DES MOINES p I I ■ RESOLUTION NO. 83-321 RESOLUTION AUTHORIZING THE ISSUANCE OF 5850,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (LYMAN ADDITION ASSOCIATES PROJECT) SERIES 1983, WITH THE PROCEEDS FROM THE SALE OF THE 13ONDS TO BE LOANED TO LYMAN ADDITION ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A 28 -UNIT RESIDENTIAL APARTMENT FACILITY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A SECURITY AGREEMENT WITH THE CITY AS THE SECURED PARTY THEREUNDER AS ADDITIONAL SECURITY FOR SAID BONDS; THE EXECUTION AND DELIVERY OF A DEED RESTRICTIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND LYMAN ADDITION ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID REAL ESTATE MORTGAGE, SAID SECURITY AGREEMENT AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Cityl') proposes to issue its Commercial Development Revenue Bonds (Lyman Addition Associates Project) Series 1983, in the aggregate principal amount of $850,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the City to Lyman Addition Associates, an Iowa general partnership (the "Company"), for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping a 28 -unit residential apartment facility (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and -3- AHLERS. COONEY. DORWEILER. HAYNIE&SMITH, LAWYERS, DEB MOINES, IOWA _ �.•,• ,..._...f41CROFILMED.BY....-__.._.I(- JORM MICR+LA9 ( CEDAR RAP10S • DES MOINES N i i i f RESOLUTION NO. 83-321 RESOLUTION AUTHORIZING THE ISSUANCE OF 5850,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (LYMAN ADDITION ASSOCIATES PROJECT) SERIES 1983, WITH THE PROCEEDS FROM THE SALE OF THE 13ONDS TO BE LOANED TO LYMAN ADDITION ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EQUIPPING A 28 -UNIT RESIDENTIAL APARTMENT FACILITY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A SECURITY AGREEMENT WITH THE CITY AS THE SECURED PARTY THEREUNDER AS ADDITIONAL SECURITY FOR SAID BONDS; THE EXECUTION AND DELIVERY OF A DEED RESTRICTIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND LYMAN ADDITION ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID REAL ESTATE MORTGAGE, SAID SECURITY AGREEMENT AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Cityl') proposes to issue its Commercial Development Revenue Bonds (Lyman Addition Associates Project) Series 1983, in the aggregate principal amount of $850,000 (the "Bonds") with the proceeds from the sale of the Bonds to be loaned by the City to Lyman Addition Associates, an Iowa general partnership (the "Company"), for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping a 28 -unit residential apartment facility (the "Project"), the Project to be owned by Company, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and -3- AHLERS. COONEY. DORWEILER. HAYNIE&SMITH, LAWYERS, DEB MOINES, IOWA _ �.•,• ,..._...f41CROFILMED.BY....-__.._.I(- JORM MICR+LA9 ( CEDAR RAP10S • DES MOINES N m WHEREAS, the City Council of Project the City has determined the ed within the area of and is consistent with and authorized is locatby the Neighborhood Development Plan (the "Urban Renewal Plan") and there i surrounding s a public need in the City and the environs for implementation of said Urban Renewal Plan, which will promote urban renewal, rehabilitation and ' redevelopment of the City, will eliminate blighted areas within the City and will promote employment opportunities for residents of the City and the surrounding area; and WHEREAS, the Bonds are to be issued pursuant to provisions of an Indenture of Trust (the "Indenture") dated as of October 1, 1983, between the City and First National Bank, Clinton, Iowa, as Trustee thereunder (the "Trustee") and; WHEREAS, the proceeds from the sale of the Bonds are to be loaned by the City to the Company pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of October 1, 1983, between the City and the Company; and WHEREAS, as additional security for the Company payment of the Bonds, has agreed to execute a Real Estate Mortgage (the ! ` "Mortgage") dated as of October 1, 1983, between the Company, as the mortgagor, and the City, as the mortgagee, thereunder, pursuant to which the Company 1 mortgage lien in the realpestateadescribed oinethe ys tMortgage the ty a subject to Permitted Encumbrances; and WHEREAS, as additional security for payment of the Bonds, the Company has agreed to execute a Security Agreement dated as of October 1, 1983 (the "Security Agreement" I as Debtor, and the Cit ) , between Company, y, as Secured Party, pursuant to which the Company p y grants and conveys to the City a security interest in all machinery, equipment, fixtures and other personal property described in the Security Agreement, and the City, pursuant to the Assignment of Security Agreement dated as of October 1, 1983 (the "Assignment"), will assign its rights and interest in the Security Agreement to the Trustee as additional i security for the Bonds; and Loan WHEREAS, the rights and interest of the City in and to the Areeent will be assigned ebyethe City nt, the Mtotthe eTrustee and epursuantSecuritytog them Indenture; and WHEREAS, the loan is made subject to certain deed restrictions under a Deed Restrictions dated as of October 1, 1983 (the "Deed Restrictions"), by and among the City, the Company and the Trustee; and -4- AHLERS. COONEY. DORWEILER, HAYN ICA SMITH. LAWYERS, DEB MOINES, IOWA I95� �^.,. ... MICROFILMED. BY. t JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 1 ' L_.. _ 1 WHEREAS, as additional security for payment of the Bonds, James A. Clark and Loretta C. Clark have agreed to execute a Guaranty Agreement dated as of October 1, 1983 (the "Guaranty"), between Guarantors and Trustee, pursuant to which Guarantors guarantee the full and prompt payment of the principal of, premium, if any, and interest on the Bonds, as the same shall become due; and WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by Section 419.9 of the Act and Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), and this City Council has deemed it to be in the best interests of the City that the Bonds be issued as proposed; and WHEREAS, the City has arranged for the sale of the Bonds to Hawkeye Bank and Trust, Grundy Center, Iowa; Hawkeye Bank and Trust, Mt. Pleasant, Iowa and Lyon County State Bank, Rock Rapids, Iowa (the "Original Purchasers"); and WHEREAS, there has been presented to this meeting the following documents, which the City proposes to enter into: 1. The form of Loan Agreement between the City and Company; and 2. The form of Indenture between the City and the Trustee setting forth the terms of the Bonds including ,(without limitation) the maturity dates, rates of interest and redemption provisions, and the conditions and security for payment of the Bonds; and 3. The form of Commitment Letter dated August 29, 1983 (the "Commitment Letter"), by and among the Original Purchasers, the Company and the Guarantors relating to the ! issuance, sale and purchase of the Bonds; and 4. The form of the Mortgage and the Assignment thereof; ' and 5. The form of Security Agreement and the Assignment thereof; and 6. The form of Deed Restrictions; and —5— AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH, LAWYERS. DES MOINES. IOWA .,'....._ MICROFILMED BY. .._. JORM MICR+LAB 1 CEDAR RAPIDS • DEc MOINES , -, j I 7. The form of an Inducement and Indemnity Letter to be dated September 27, 1983 (the "Inducement Letter") from the Company and Guarantors to the City and the Original Purchasers; and 8. The form of the Bonds, as set forth in the Indenture. WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Council Members of the City Council, is in appropriate form and is an appro- priate instrument for the purposes intended; NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. That the City defray all or a portion of the cost of acquiring, constructing, improving and equipping a 28 -unit residential apartment facility (the "Project") by issuing the Bonds and loaning the proceeds of the sale of the Bonds to Company, which Project is consistent with and located within the area of the City's Neighborhood Development Plan adopted by the City pursuant to Chapter 403 of the Code of Iowa; and i Section 2. That in order to defray the cost of the Project, the issuance of the Bonds in the aggregate principal i amount of $850,000, maturing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the form and content of the Bonds set forth in the 'Indenture now before this meeting be and the same hereby are in all respects authorized, approved, ratified and confirmed, and the Mayor and the City Clerk be and they hereby I are authorized, empowered and directed to execute, whether by manual or facsimile signatures, impress -the official seal of the City (or cause to have printed a facsimile thereof) thereon and deliver for and on behalf of the City the Bonds to the Trusteefor authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limitation the maturity dates, rates of interest and redemption provisions) be and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. i -6- ' I ANLERS. COONEY. DORWEILER. HAYNIEA SMITH, LAWYERS, DES MOINES. IOWA t .'.... _.111CROFILMED BY. t JORM MICR+LAB l •CEDAR RAPIDS DES MOINES ) I j r J a Section 3. That the City loan to Company the proceeds from the sale of the Bonds pursuant to the Loan Agreement, which provides for repayment by Company of such loan in an amount equal to principal of, premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects author- ized, approved and confirmed and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appro- priate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Loan Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed. Section 4. That First National Bank, Clinton, Iowa, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisions of which are incor- porated herein by reference, and the assignment of the City's rights and interest in and to the Loan Agreement (with certain exceptions as stated in the Indenture) and the form and content of the Security Agreement and the Assignment, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are author- ized, empowered and directed to execute, attest, seal and deliver the Indenture, the Security Agreement and the Assign- ment for and on behalf of the City to the Trustee for the security of the Bonds and the interest thereon, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to them seem neces- sary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture, the Security Agreement and -7- MILERS, COONEY, DORWEILER, HAYNIE A SMITH, LAWYERS, DES MOINES, IOWA _...__,.MICROFILMED.BY. . �r JORM MICR+LAB f -CEDAR RAPIDS • DES MOINES i. -.. the Assignment now before this meeting, and that from and after the execution and delivery of the Indenture, the Security Agreement and the Assignment, the Mayor and the City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture, the Security Agreement and the Assignment as executed. Section 5. That the form and content of the Mortgage con- stituting a conveyance and grant by the Company to the City of a mortgage lien in and to the property subject to the Mortgage and described therein, and the assignment to the Trustee of the City's rights and interest in and to the Mortgage, pursuant to the Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Mortgage and the Assignment for and on behalf of the City, as mortgagee there- under, including necessary counterparts, in substantially the form and content now before this meeting but with such changes, additions, modifications and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Mortgage and Assign- ment now before this meeting and that from and after the execution and delivery of the Mortgage and Assignment, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Mortgage and Assignment as executed, and the provisions of the Mortgage and Assignment are hereby incorporated herein by reference. Section 6. That the form and content of the Deed Restrictions relating to the project be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Deed Restrictions for and on behalf of the City, including necessary counterparts, in substantially the form and content now before this meeting but with such changes, additions, modi- fications and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Deed Restrictions now before this meeting and that from and after the execution and delivery of the Deed Restrictions, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to -S- ANLERS. COONEY. DORWEILER. HAYNIEA SNIT,, LAWYERS. DES MOINES. IOWA �• _. 141CRONUIED. BY .I JORALMICR+LAB I • CEDAR RAMS • DE: 1401NE5 - �1 I5. C 0 carry out and comply with the provisions of the Deed Restrictions as executed, and the provisions of the Deed Restrictions are hereby incorporated herein by reference. Section 7. That the sale of the Bonds to the Original Purchasers at the purchase price of 1008 of the par value thereof, subject to the terms and conditions set forth in the Commitment Letter, is hereby authorized, approved and confirmed and the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Commitment Letter. Section 8. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Mayor be, and she hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Inducement Letter as executed. Section 9. That the Mayor and the City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing statements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture, the Loan Agreement, the Mortgage and the Security Agreement and the execution of all closing documents as may be required by Ahlers, Cooney, Dorweiler, Haynie & Smith, as Bond Counsel, and the acceptance of any documentation evidencing indemnification of the City by Company in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 10. That the Loan Agreement requires Company in each year to pay amounts as Loan Payments sufficient to pay the principal of, premium, if any, and interest on the Bonds when and as due, and the payment of such amounts by Company to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and confirmed. -9- ANLERS. COONEY, DORWEILER, HAYNIE& SMITH. LAWYERS, DES MOINES. IOWA JORM MICR+LAB ` CEDAR WPIDS • DES MOINES i 1956 Section 11. That the Bonds are limited obligations of the City, payable solely out of the Loan Payments required to be paid by Company pursuant to and in accordance with provisions of the Loan Agreement and as provided in the Indenture, and are secured pursuant to and in accordance with provisions of the Mortgage, the Security Agreement, the Assignment, the Guaranty and the Indenture. The Bonds and interest thereon shall never constitute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not give rise to a pecuniary liability Ofthe City or a charge against its general credit or taxing powers. Section 12. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the rema the sections, phrases or provisions. Section 13. All Resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 27th day of September, 1983. City of Iowa City, Iowa (Seal) Mary . Neuhauser, VI - Y --Attest: /� (/ Ma ian K. Karr, City Clerk -10- AHLERS. COONEY. DORWEILER, HAYN IESSMITH, LAWYERS, DEB MOINES. IOWA .... TT JORM MICR+LAB CEDAR RPPIDS • DES MOINES 3 f 3 I � L. I CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County Iowa; that as such I have iof Johnson, State of n my possession, or have access to, the complete corporate records of said City and of its Council and Officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on September 27, 1983, for the purpose of considering a Resolution authorizing the issuance of $850,000 aggregate principal amount of Commercial Development Revenue Bonds (Lyman Addition Associates Project) Series 1983, of the City of Iowa City, Iowa, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Real Estate Mortgage, the execution and delivery of a Security Agreement with,the City as the Secured Party thereunder as additional security for said Bonds, the execution and delivery of a Deed Restrictions; the execution and delivery of between the City and Lyman Addition Associatesa Loan Agreement , the Assignment by the City of the rights and interest of the City in and to said Real theEstate of saidMortgage, saidsSeccurity Agreement and said Loan Agreement, matters; that said ' appointment of a Trustee and related have not proceedings remain in full force and effect and been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the Public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and Posted on a bulleti public and clearly designated for n board or other prominent place easily accessible to the face that pheet urpose at the to office of the Council (a copy of localsrulesoofathe Councilf aid agendaandgthetprovisionshereto) pursuant the 28A,tIowa he Code, and upon reasonable advance notice to thof Chapter e public and media at required by said law. o least twenty-four hours prior tthe commencement of the meeting as Witness my hand and the Corporate Seal of said City hereto affixed this---Q:La day of September, 1983. (SEAL)Za Ina an K. Karr, City Clerk State of Iowa County .of Johnson ) SS.: Subscribed and swor written, n to before me this day, the date last above K 1j (SEAL) MDLary /Public and for the State of Iowa -11- AHLERB, COONEY. DORWEILER. HAYNIE B SMITH. LAWYERS. DEB MOINES. IOWA 141CRONUIED BY.. DORM MICR+LAB L CEDAR RA DS • DES 140INES I 14s� - f;• 9•.rd-f3 (This Notice to be Posted) y:crAen NOTICE AND CALL OF COUNCIL MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: September 27, 1983 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Civic Center 410 East Washington Street Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Authorizing the Issuance of $850,000 in Aggregate Principal Amount of the City of Iowa City, Iowa, Commercial Development Revenue Bonds (Lyman Addition Associates Project) Series 1983, With the Proceeds from the Sale of the Bonds to be Loaned to Lyman Addition Associates, r an Iowa general partnership, for the Purpose of Defraying All or a ! h Portion of the Cost of Acquiring, Constructing, Improving and Equipping a 28 -Unit Residential Apartment Facility; the l Execution and Delivery of an Indenture of Trust to Secure Said Bonds; the Execution and Delivery of a Real Estate Mortgage; the Execution and Delivery of a Security Agreement With the City the as Secured Party Thereunder as Additional Security for Said Bonds; the Execution and Delivery Of a Deed Restrictions; i the Execution and Delivery of a Loan Agreement Between the City and Lyman Addition Associates; the Assignment by the City to the Trustee of the Rights and Interest of the City in and to Said Real Estate Mortgage, Said Security Agreement and Said Loan Agreement; the Sale of Said Bonds; Appointment of a Trustee; and Related Matters. 2. Such additional matters as are set forth on the additional 19 page(s) attached hereto (attach copy of agenda)'. + This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local �. rules of said governmental body. Marfan K. Karr, City Clerk _ of the City of Iowa City, Iowa -12- AHLERS• COONEY. DORWEILER. HAYNIE &SMITH. LAWYER0. DES MOINES. IOWA .�_.. _...._,..MICROFILMED BY....:..r' ..� JORM MICRLAB I -CEDAR RAPIDS • DEE MOINES r^� Iowa City, Iowa, September 27, 1983. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by Mary C. Neuhauser, ANLERS. COONEY. DORWEILER. HAY Nit GSM ITH, LAWYERS. DEB MOINES. IOWA ____..MICRDFILMED.DY_..:. .. JORM :. MICR(�LAB, CEDAR RAPIDS •DES MDINES 1 I , ,I i ANLERS. COONEY. DORWEILER. HAY Nit GSM ITH, LAWYERS. DEB MOINES. IOWA ____..MICRDFILMED.DY_..:. .. JORM :. MICR(�LAB, CEDAR RAPIDS •DES MDINES 1 I , i i ANLERS. COONEY. DORWEILER. HAY Nit GSM ITH, LAWYERS. DEB MOINES. IOWA ____..MICRDFILMED.DY_..:. .. JORM :. MICR(�LAB, CEDAR RAPIDS •DES MDINES 1 Matters were discussed relative to final authorization and issuance of 5650,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Outlot 25 Associates Project) Series 1983. Following a report on the proposed,Project by representatives of said Company and a discussion of th'd Bond issue, Council Member Lynch proposed the following Resolution and moved its adoption. council Member McDonald seconded the motion to adopt. After due consideration of said motion, the roll was called*and the Resolution adopted by the following vote: AYES: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser NAYS: None; The Resdlution was thereupon signed by the Mayor and in evidence of her approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- , AHLLRS, COON[Y. DORWOL[R, NAYNI[ A SMITH. LAWY[RO. D[/ MOIN[s. IOWA _.__MICROFILMED BY.... ._-�...._ ^JORM MICR+LAB CEDAR AA PI DS.� DE° MOINES 1 1 )f U I i j , i I I I I Matters were discussed relative to final authorization and issuance of 5650,000 in aggregate principal amount of the City's Commercial Development Revenue Bonds (Outlot 25 Associates Project) Series 1983. Following a report on the proposed,Project by representatives of said Company and a discussion of th'd Bond issue, Council Member Lynch proposed the following Resolution and moved its adoption. council Member McDonald seconded the motion to adopt. After due consideration of said motion, the roll was called*and the Resolution adopted by the following vote: AYES: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser NAYS: None; The Resdlution was thereupon signed by the Mayor and in evidence of her approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- , AHLLRS, COON[Y. DORWOL[R, NAYNI[ A SMITH. LAWY[RO. D[/ MOIN[s. IOWA _.__MICROFILMED BY.... ._-�...._ ^JORM MICR+LAB CEDAR AA PI DS.� DE° MOINES 1 1 )f U I RESOLUTION NO. 83-322 RESOLUTION AUTHORIZING THE ISSUANCE OF $650,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, COMMERCIAL DEVELOPMENT REVENUE BONDS (OUTLOT 25 ASSOCIATES PROJECT) SERIES 1983, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO OUTLOT 25 ASSOCIATES, AN IOWA GENERAL PARTNERSHIP, FOR THE PURPOSE OF DEFRAYING ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING AND EOUIPPING A 21 -UNIT RESIDENTIAL APARTMENT FACILITY; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A REAL ESTATE MORTGAGE; THE EXECUTION AND DELIVERY OF A DEED RESTRICTIONS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND OUTLOT 25 ASSOCIATES; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF'THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID REAL ESTATE MORTGAGE AND SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City") proposes to issue its Commercial Development Revenue Bonds (Outlot 25 Associates Project) Series 1983, in the aggregate principal amount of 5650,000 (the "Bonds"), with the proceeds from the sale of* the Bonds to be loaned by the City to Outlot 25 Associates, an Iowa general partnership (the "Company"), for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping a 21 -unit residential apartment facility (the "Project")j the Project to be owned,by Company, with the financing of the Project to be ' undertaken in accordance with the provisions of Chapter 419 of the Code'of Iowa (the "Act"); and WHEREAS, the City Council_ of the City has determined the Project' is locked within the area of and is consistent with and authorized by the Neighborhood Development Plan (the "Urban Renewal Plan') and there is a public need in the City and the surrounding environs for implementation of said Urban Renewal Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and will promote employment opportunities for residents of the City and the surrounding area; and -3- ANLERS. COONEY. DORWEILER, HAYN I[ISMITN. LAWYER", DEE MOINES, IOWA 1957 4 =T r .... MICROFILMED BY ...� I l JORM MICR#LAB c( CEDAR RAPIDS - DE- MOINES 1 2 1 2. The form of Indenture between the City and the Trustee setting forth the terms of the Bonds including (without limitation) the maturity dates, rates of interest and redemption provisions, and the conditions and security for payment of the Bonds; and 3. The form of Bond Purchase Agreement dated September 27, 1983 (the "Bond Purchase Agreement"), by and among the Original Purchaser, the Company and the City relating to the issuance, sale and purchase of the Bonds; and 4. The form of the Mortgage and the Assignment thereof; and 5. The form of an Inducement and Indemnity Letter dated September 27, 1983 (the "Inducement Letter") from the Company and Guarantors to the City and the Original Purchaser; and 6. The form of Deed.Restrictions; and 7. The form of the Bonds, as set forth in the Indenture. WHEREAS, it appears that each of the instruments above referred to, which are now before each of the Council Members of the City. Council, is in appropriate form and is an appro- priate instrument for the purposes intended; NOW, THEREFORE, Be It Resolved by the City Council of the City of. Iowa City, Iowa, as follows: Section 1. That the City defray all or a portion of the cost of acquiring, constructing, improving and equipping a 21 -unit residential apartment" facility (the "Project") by issuing the Bonds -and loaning the proceeds of the sale.of the Bonds to Company, which Project is consistent with and located within the area of the City's Neighborhood Development Plan adopted by the City pursuant to Chapter. 403 of the Code of Iowa. Section 2. That in order to defray the cost of the Project, the issuance of the Bonds in the aggregate principal amount of $650,000, maturing on such dates, in such amounts and bearing rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with provisions of the -Indenture, be and the same hereby are in all respects authorized, approved and confirmed, and the form and content of the Bonds set forth in the Indenture now before this meeting be and the same hereby are in all respects authorized, approved, ratified and -confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, whether by -5- ANLLRS. COON KY. DORW[IL[R. HAYNIE a SMITH. LAWY[RR. DES MOINES. IOWA 5 .. .. ___...MILROFILFIED.DY. l JORM MICR¢LAE3 1 S CEDAR RAPIDS • DEL MOINES r 1j i I I 1957 { 4 I manual or facsimile signatures, impress the official seal of the City (or cause to have printed a facsimile thereof) thereon and deliver for and on behalf of the City the Bonds to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bonds, and the provisions of the Indenture with respect to the Bonds (including without limitation the maturity dates, rates Of interest and redemption provisions) be. and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 3. That the City loan to Company the proceeds from the sale of the Bonds pursuant to the Loan Agreement, which provides for repayment by Company of such loan in an amount equal to principal of, premium, if any, and interest on the Bonds when and as due, and the form and content of the Loan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects author- ized, approved and confirmed and the Mayor and the City. Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bonds for and on behalf of the City, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appro- priate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and -after the execution and delivery of the Loan Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of.the Loan Agreement as executed. Section 4. That First National Bank, Iowa City, Iowa, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisions of which are incorporated herein by reference, and the assignment of the City's rights and interest in and to the Loan Agreement (with certain exceptions as stated in the Indentbe and the emsame hereby are in all respects authorized, appure), and the Mayor and the City Clerk be and they hereby are author- ized, empowered 'and directed to execute, attest, seal and deliver the Indenture for and on behalf Of the City to the securityTrustee for the including necessarycounB counterparts in nsubstantiallys and the ethe tform rand � cations,now additions andthis deletio sbtherein assuch shallchanges, themdifi- -6- ANLERS. COON EY. rORWEILER. HAYNIE! SMITH. LAWYERS. DES MOINES. IOWA 4 �.... ... MICROFILMED.BY.. _.._..I l JORM MICR+LAB I 4CEDAR RAPIDS • DES MOINES )� { I { authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Deed Restrictions as executed, and the provisions of the Deed Restrictions are hereby incorporated herein by reference. Section 7. That the sale of the Bonds to the Original Purchaser at the purchase price of l00% of the par value thereof, subject to the terms and conditions set forth in the Bond Purchase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor be, and she hereby is, authorized, empowered and directed to execute and deliver to the Original Purchaser the Bond Purchase Agreement for and on behalf of the City, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement. Section 8. That the form and content of the Inducement Letter be and the same hereby are authorized, approved and confirmed and the Mayor be, and she hereby is, authorized, empowered and directed to accept the Inducement Letter for and on behalf of the City by execution thereof, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Inducement Letter, the Mayor and the city Clerk are hereby authorized; empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Inducement Letter as executed. Section 9. That the Mayor and the -City Clerk of the City be and they hereby are authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts (including without -limitation the filing of any financing statements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Indenture, the Loan Agreement and the Mortgage and the execution of all closing documents as may be required by Ahlers, Cooney, Dorweiler, Haynie & Smith, as Bond Counsel, and the acceptance of any documentation evidencing indemnification of the city by Company in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. -8- ANLERS. COONEY. DORWEILER. HAYNIE S SNITN. LAWYERS, DES MOINES. IOWA r MICROFILMED -BY� DORM MIC R+L.AB -CEDAR RADIOS - OEC MOINES t I 1457 an in amounts as Loan Payments sufficient to pay the Section 10, That the Loan Agreement requires Comp each year to pay, if any, and interest on the owthe principal of, pren mium, and to due, and the payment of such amounts Y authorized, Trustee pursuant to the Loan Agreement is hereby approved and confirmed. obligations of the That the Bonds are limitedmentsrequired to be Section a out of the Loan Pay with provisions City, payable solely paid by Company pursuant to aProvidedaccordance Indenture, and are of the Loan Agreement and as p th provisions of the secured pursuant to andand thein ordance wi Indenture. The Bonds and Mortgage, the Guaranty aping of any state constitutional precuniary interest thereon shall never constitute an indebtedness of the City, within the me give rise to a p or statutory limitation, and shall not its general credit or liability of the City or a charge against taxing powers. That the provisions of thisraselorlprovision Section �l5eparable and if. any section, ph such hereby reason be declared to be invalid, shall for any Of the remainder of I declaration shah=agQS orprovisiohe ns. ` the sections, p arts thereof, f Section 13. All Resoltoithe exteand �taofssuchor pconflict, in conflict herewith are, in full force and hereby repealed and thisitssaaoptianshall be effect immediately. up roved this 27th day Of September, 1983. Adopted and app Iowa City of Iowa City, i i i (Seal) Mary hMayor Attest: I Karr, City C erk arkK• t i I p _9. 1957 AMLC11/. COON[Y. OORW [IL [R. HAYNI[ O SMITX. LAWY[11 t, DES MOIN [f. IOWA ` 1 E ECR+LABDES MOINES I� j CLERK'S CERTIFICATE T, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the f said City and of its Council and complete corporate records o officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on September 27, 1983, for the purpose of considering a Resolution authorizing the issuance of $650,000 aggregate principal amount of Commercial Development Revenue Bonds (outlot 25 Associates Project) Series 1983, of the City of Iowa City, Iowa, the execution and delivery of an Indenture of Trust to secure said Bonds, the execution and delivery of a Real Estate Mortgage, the execution and delivery of a Deed Restrictions; the execution and delivery of a Loan Agreement between the City and Outlot 25 Associates, the Assignment by the City of the rights and interest of the City in and to said Real Estate Mortgage a Trustee aand Loan Agreement , the sale of said Bonds, appointment related matters; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance etiith asnotice oof meeting and tentative agenda, a copy of which was each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the CorporateSeal of said City hereto affixed this � - of YSeptember, (SEAL) Marian K. Karr, City Clerk State of Iowa ) SS.. County of Johnson ) i. Subscribed and sworn to before me this day, the date last above I written. Lary Pu lic i and for the (SEAL) State of Iowa -10- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA R.. ._ .... ._.__ . 1i ICROE1 L14ED. OY... __._...I`. JORM MICR+LAB 1 CEDAR RAPIDS • DES MOINES _' 1 (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. September 27, 1983 7:30 P.M. Council Chambers Civic Center 410 East Washington Street Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Authorizing the Issuance of $650,000 in Aggregate Principal Amount of the City of Iowa City, Iowa, Commercial Development Revenue Bonds (Outlot 25 Associates Project) Series 1983, with the Proceeds from the Sale of the Bonds to be Loaned to Outlot 25 Associates, an Iowa general partnership, for the Purpose of Defraying All or a Portion of the Cost of Acquiring', Constructing, Improving and Equipping,a 21 -unit Residential Apartment Facility; the Execution and Delivery of an Indenture of Trust to Secure Said Bonds; the Execution and Delivery of a Real Estate Mortgage; the Execution and Delivery of a Deed Restrictions; the Execution and Delivery of a Loan Agreement.Between the City and Outlot 25 Associates; the Assignment by the City to the Trustee of the Rights and Interest of the City in and to Said Real Estate Mortgage rtment and Said Loan Agreement; the Sale of Said Bonds; App of a Trustee; and Related Matters. 2. Such additional matters as are attached heretotforth (attachocopyeof additional 19 page(s) agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. ZL 7&), Marian K. Karr, City Clerk of the City of Iowa City, Iowa -11- ANLERS. COONEY. DORWEILER. HAYNIE6 SMITH, LAWYERS. DES MOINES. IOWA MICROFILMED BY..._._.., .. I JORM MICR+LAB }Ij} -CEDAR RAPIDS • DES MOINES 1 195 7 Proceedings Fixing Date for Hearing IDR -4141 (NIH) Iowa City, Iowa September 27 , 1983 The City Council of Iowa City, Iowa, met in a later session on the 27th day of September 1983, at /:sD o'clock, p m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present Mary Nelll,anser, Mayor, in the chair, and the following named Council Members: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser Absent: Perrot Matters were discussed concerning the issuance of Housing Revenue Bonds. Whereupon, Council Member Erdahl introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Housing Revenue Bonds, Series 1983 (Systems Unlimited, Inc. Project)", and moved its adoption, seconded by Council Member McDonald After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll, being called, the following named Council Members voted: •' Ayes: Dickson, Balmer, Erdahl, Lynch, McDonald, Neuhauser i Nays: None Absent: Pprrpf Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. . i On motion and vote, the meeting adjourned. Mayor Attest: City Clerk (Seal) -1- BELIN, HARRIS, HELMICK, HEARTNEY 8 TESDELL. LAWYERS. DES MOINES. IOWA MICROFILMED. BY.. JORM MICR#LAB CEDAR RAPIDS • DES MOINES f I 83-323 RESOLUTION Resolution fixing a date for hearing on proposed Housing Revenue Bonds, Series 1983 (Systems Unlimited, Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for use as a housing unit or complex for the elderly or handicapped; and WHEREAS, the Issuer has been requested by Systems Unlimited, Inc. (the "Company"), an Iowa nonprofit corporation, and has agreed subject to the public hearing required by the Act finance the cost to issue its revenue bonds to of the acquisition of land and the construction thereon of two 4,000 sq. ft. buildings to be used to provide housing for the handicapped (the "Project") to be located at 1918-1924-2004 Hollywood Boulevard, Iowa City, Iowa, which will provide additional health care services for the inhabitants of the Issuer, and other - benefits flowing therefrom; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Housing Revenue Bonds, Series 1983 (Systems Unlimited, Inc. Project) of the Issuer in an aggregate principal amount not.to exceed $375,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act and Section 103(k) of the Internal Revenue Code; NOW, THEREFORE, BE IT RESOLVED by the as follows: City Council of the Issuer, Section 1. This Council shall meet at the Civic Center in Iowa City, Iowa, on the 25th day of October' 7:3 .o'clock, P.m., at which time and place a public hearing8shall beheld on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. -2- BELIN. HARRIS. HELMICK. HEARTNEY d TESDELL. LAWYERS. DES MOINES. IOWA 4 t JORM MICR#LAO t-CEDAR RAPIDS . DE: MOINES 1 1 � Section 2. The City Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press Citizen , a newspaper published and having a general circulation within the issuer. The notice shall be in substantially the following form: ,--- MICROFIUIED.BY_._ _._.�..._ JORM MICR+LAB S -CEDAR RAPIDS • DE' MOINES I t i. i ,--- MICROFIUIED.BY_._ _._.�..._ JORM MICR+LAB S -CEDAR RAPIDS • DE' MOINES I t NOTICE OF INTENTION TO ISSUE Housing Revenue Bonds (Systems Unlimited, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 7Srh day of October 1983, at the Civic Cent(.r , in Iowa City, Iowa, at 7;30 o'clock, m., for the purpose of conducting a public hearing on the proposal to Revenue Bonds, Series 1983 (Systems Unlimited, Inc. Project) uofHtheing Issuer, in an aggregate principal amount not to exceed $375,000 (the "Bonds"), and to loan said amount to Systems Unlimited, Inc. (the 'Company"), an Iowa nonprofit corporation, for the purpose of defraying the cost, to that amount, of the acquisition of land and the construction thereon of two 4,000 sq, ft. buildings to be used to provide housing for the handicapped (the "Project") to be located at 1918-1924-2004 Hollywood Boulevard, Iowa City, issued, will be limited obligations Iowa. The Bonds; when and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which''will be sufficient to pay the I .,principal of and .interest and redemption premium,- if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunityto express their views for or against the proposal to issue the Bonds; and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted to the Issuer at City Clerk's office,.Civic Center, 401 East Washington, Iowa City, Iowa. Written j comments must be received by the above hearing date. By order of the City Council, this 27th day of -9ntember 1983. Cit Clerk -4- BELIN. HARRIS. HELMICK. HEARTNEY 6 TESDELL, LAWYERS, DES MOINES. IOWA 4 r_. MICROFILMED BY __.__._I. .. l JORM MICR+LAB - CEDAR R4 IDS • DES MOINES f t. Section 3, All resolutions and parts thereof in conflict herewith are hereby repealed to the extent Of such conflict. Passed and approved this day Of RPntPmhar 1983. m�r _ ti Attest: Mayor Ci Llerk —"�` `-- 1 i oi i 13ELIN, HARRIS, HELMICK. HEARTNEY d TESDELL. LAWYERS. DES MOINES, IOWA ,.._.., 1458 .. . . . ........ MICROFILMED_ BY. ..�. JORM MICR+LAB r • CEDAR 11410S • OE'_ MOINES 4 I )J I L State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto.attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Housing Revenue Bonds, Series 1983 (Systems Unlimited, Inc. Project) in an aggregate principal amount not to exceed $375,000. WITNESS my official signature and the seal of said City this 27th .day of September 1983. i I City Clerk SELIN. HARRIS, HELMICK, HEARTNEY d TESDELL. LAWYERS, DES MOINES. IOWA .._ ....._..:_MICROFILMED.BY. _. _....-. JORM MICR +LAB . CEDAR RIFRIDS • DES MOINES I i City Clerk SELIN. HARRIS, HELMICK, HEARTNEY d TESDELL. LAWYERS, DES MOINES. IOWA .._ ....._..:_MICROFILMED.BY. _. _....-. JORM MICR +LAB . CEDAR RIFRIDS • DES MOINES I i . (I ji i _ _ I City of Iowa Cit, MEMORANDUM Date: September 22, 1983 To: City Council From: Rosemary Vitosh, Director of Finance Re: IRB Application - Systems Unlimited, Inc. Systems Unlimited, Inc. has applied for Housing Revenue Bonds (Industrial Revenue Bond financing) in an amount not to exceed $375,000. The reason given for the IRB application was stated as follows. "We are applying for IRB's to construct two homes for severe/profound handicapped children. This project will allow these children to stay in their community near the natural home. They would otherwise be placed in institutions at a cost which is double over that of community care. IRB financing will make the cost of providing residential services to these children lower because of the lower than conventional interest rate on the bonds that would reduce the per diem rate charged to the State of Iowa for this service." The project includes the acquisition of the lots listed as 1918, 1924 and 2004 Hollywood Blvd. Two 4000 square foot buildings will be constructed. Iowa State Bank and Trust Co. has agreed to purchase the bonds and did advise Systems Unlimited to apply For the IRB's. The Iowa State Department of Human Services is allowing the interest cosh for the bonds to be incldued in the per diem rates which are paid by the State for the provision of such services. Because these services are mandated. by the Code of Iowa, the issuance of IRB's, as opposed to the use of convention financing, will lower the cost of these services and result in less tax dollars being needed to finance this care. The total estimated project cost of $490,000 is proposed to be funded by $100,000 of Community Development Block Grant monies and $15,000 of donations (fund-raising), with the remainder being funded by .the IRB's. The staff, in its review of the application, did not find any legal or financial problems with this proposed IRB project. bc4/9 { ---- ------ MICRDFILMED.BY_..-.__..� JORM MICR LAB j{{ :CEDAR RAPIDS • DE? I10INES L_ l o� Ig5B M Memorandum of Agreement IDR -4141 (Memo) Iowa City, Iowa September 27 , 1983 The City Council of Iowa City, Iowa, met in regular i session on the 27th day of September 1983, at 7:10 o'clock, _ p m., at the Civic Center in Iowa City, Iowa. The meeting was called to order and there were' present Mary NenhRi Pr Mayor, in the chair, and the following named Council Members: I Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser Absent: Perret Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member McDonald introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Systems j j Unlimited, Inc." and moved its adoption; seconded by Council Member ' LYn After due consideration of said resolution by the 1 i Council, the Mayor put the question on the motion and the roll being C called, the following named CouncilMembers voted: Ayes:.` Erdahl, Balmer, Dickson, Lynch,,McDonald, Neuhauser Nays: None t Whereupon, the Mayor declared said resolution duly adopted and i approval was signed thereto. j • ,e I Upon motion and.vote, the meeting adjourned. i Mayor -1- I BELIN„HARRIS. HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA MICROF I W .......... .'•.. _.. ED. BY.. ... _.._...' _. JORM MICR+LAB -CEDAR RAPIDS DES MOINES I 1 h 83-324 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Systems Unlimited, Inc. .. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for use as a housing unit or complex for the elderly or handicapped; and WHEREAS, the Issuer has been requested by Systems Unlimited, Inc. (the "Company") to issue its revenue bonds pursuant to the Act for the purpose of financing the acquisition of land and the construction thereon of two 4,000 sq. ft. buildings to be used to provide housing for the handicapped (the "Project") to be located at 1918-1924-2004 Hollywood Boulevard, Iowa City, Iowa; and i WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, i as follows: Section 1. The Memorandum of Agreement in the.form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the 'same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be"in substantially the form, text and containing the �. provisions set forth in Exhibit A attached hereto. I _ Section 2. officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 27th day of September 1983. Mayor 0I Attest: ,/ ,J City Clerk (Seal) sa BELIN,. HARRIS, HELMICK, HEARTNEY 6 TESOELL. LAWYERS. DES MOINES. IOWA _..r_..__._..,..MICROFILMED .BY. ...__�...i. JORM MICR+LAO -CEDAR RAPIDS • DES MOINES f r 1 EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Systems Unlimited, Inc. (the "Company"). I. Prelimin which havary Statement Among the matters of mutual inducement e resulted in the execution of following: this Agreement are the (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the Purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for use as a housing unit or complex for the elderly or handicapped; and (b) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and Section 103(k) of the Internal Revenue Code such bonds will be issued by the Issuer in a principal amount sufficient to finance all or a Portion of the costs of the acquisition of land and the construction thereon of two 41000 sq, ft. buildings to be used to provide housing for the handicapped (the "project") to be located at 1918-1924-2004 Hollywood Boulevard, Iowa City, Iowa. (C) The Issuer considers that the acquisition and construction of the Project and the financing of the same will promote the welfare of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. The Issuer such bonds inwill be in eap roceedings necessary to authorize the issuancenot to exceed $375,000, aggregate principal amount (b) Subject to due compliance with all requirements of law, _ including ,the provisions of and the public hearing required by the Act and ally ac 10tabl of the Internal Revenue Code, and upon reaching mutually acceptable terms regarding such bonds,'the Company, in the issuance and sale of such boit will cooperate with nd the proceeds from the issuance of such bonds shall be loaned to the Company upon nds, a terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and Complyith the Act issuanceaandasaletOfll ohersuuchvbondss of law relating 3- SELIN, HARRIS, HELMICK, HEARTNEY 8 TESOELL. LAWYERS. UES MOINES. IOWA 4 R.�. _......... 141LROFILMED DY._.. t JORM MICR+LAB I CEDAR RAP!DS • DES MOINES I D (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take. place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance by the Issuer or the preparation to perform of its obligation hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision'and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Memorandum of Agreement that its execution by the Issuer is intended ' both as an expression of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of this Memorandum of Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full -4- BELIN, HARRIS. HELMICK, HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA 1959 ...� •.• _...__.. MICROFILMED BY. ._...__.� JORM MICR+LAB - CEDAP. R4!DS • DES ROINES ■ compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this 27th day of September 19133. Iowan ACi'ty, Iowa By 'V han u l_. Qq� Mayor Attest: Clark Systems d limited In . Y BENNY LBO�VD, Executive Direr sr U -m DELIN, HARRIS, HELMICK. HEARTNEY d TESDELL. LAWYERS, DES MOINES. IOWA _._....._141CROFILMED BY.... JORM MICR�LAEI -CEDAR da 165 DES MOINES 1 t.._. .............. .._...- _. _..... _. I 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 aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Systems Unlimited, Inc. and said City. WITNESS my hand and the seal of said City hereto affixed this 27th day of September , 1983. I i i I -6- BELIN. HARRIS, HELMICK. HEARTNEY 6 TESDELL. LAWYERS. DES MOINES. IOWA ._ .., MICROF I WED.. BY_ JORM MICR+LAB 1 •CEDAR RAPIDS • DE: MO]NE: i 1957 ■ J� :� PROPOSED I. TITLE; DESCRIPTION II. FINDINGS III. PURPOSES IV. DEFINITIONS V. BOARD ESTABLISHED ANCE e`Ea JUL 2 5 1963 M ARR �Ry K. CR(1) C. An ordinance establishing a Fair Rent Board as an administrative agency, of the City of Iowa City, and delegating to that board the duty and power to establish the maximum rental value for certain residential dwelling units in the city. II. FINDINGS The City of Iowa City finds that: 1) the'demand for private housing in the city is increasing; 2) city policies addressing the quality of housing and life in the city, as evidenced by activity in housing code enforcement, zoning, and planning and development, may work to reduce the potential number of dwelling units in the city and; 3) economic conditions in the local housing construction industry have slowed the increase in newly constructed dwelling units in the city. _.. •' ._.._..111CRDFILMED.BY__. JORM MICR+LAB i CEDAR RAPIDS DEE MOINES I r i • PROPOSED ..INCE JI 1 I. TITLE; DESCRIPTION � � D II. FINDINGS �( III. PURPOSES u JIJL 2 5 1983 IV. DEFINITIONS M CR� C ERKK. ARR V. BOARD ESTABLISHED i VI. JURISDICTION i VII. TEMPORARY MEASURES VIII. LANDLORD CERTIFICATION i IX. ESTABLISHMENT OF MAXIMUM ALLOWABLE RENTS w X. REVIEW AND ADJUSTMENT XI. RULEMAKING x � j XII. ADJUDICATIONS XIII: BOARD CERTIFICATIONS XIV. ENFORCEMENT XV. SEVERABILITY i I. TITLE: DESCRIPTION An,ordinance establishing a Fair Rent Board as an administrative ,agency !' of the City of Iowa City, and delegating to that board the duty and power to establish the maximum rental value for certain residential dwelling units in the city. II. FINDINGS The City of Iowa City finds that: 1) the demand for private housing in the city is increasing; 2) city policies addressing the 'quality of housing and life in the city, as evidenced by activity in housing code enforcement, zoning, and planning and development, may work to reduce the potential number of dwelling units in the city and; 3) economic conditions in the local housing construction industry have slowed the in in newly constructed dwelling units in the city. ! JORM MIC.R+LAE3CEDAR RAPIDS • DES MOINES The city furth. .muds that, a result of these an, -,r factors, the private housing market is not providing tenants with decent, safe, and sanitary housing at a fair rent. local housing conditions have led to exhorbitant and unfair --rents, and threaten overcrowding of available dwelling units. Therefore, pursuant to its power and duty to protect the health, safety, and gener,al� ejfare of its citizens, and incident to its ongoing programs and policies -in housing, the City of Iowa City hereby establishes a Fair Rent Board. III. PURPOSES The purposes of this ordinance are: 1) to insure that tentants in existing and newly constructed residential dwelling units may enjoy decent, safe and sanitary housing at fair rental value; 2) to provide a fair and efficient procedure insuring that landlords receive reasonable rates of return on their investment in dwelling units. TV. DEFINITIONS For this ordinance: 1) "Fair rental value" is the maximum rent which may be charged in a .rental agreement entered into after the effective date of this ordinance, subject to (a) Section IX of this ordinance, (b) Section VII temporary measures, and (c) any adjustments granted under Section X. 2) Reasonable Rate of Return is that figure determined pursuant to Section IX'of this I 'ordinance. 3) "'Dwelling unit," "landlord," "rent," "rental agreement," and "tenant" are defined in the'same manner those.terms are defined in Iowa Code 562A.6 (1983) Uniform Landlord and Tenant Law. V. BOARD ESTABLISHED A fair rent board is established, consisting of five members and two alternates, all of whom shall be residents of the city, and.none of whom shall be employees of the city. Members and alternates shall be,appointed by the city council and shall hold office for three year terms on a staggered basis. The board shall hold regular meetings, and the city manager shall designate a secretary to the board and a board office. All board decisions shall require three affirmative votes. The board shall adopt rules to deter- mine the circumstances in which alternates may participate in board determi- nations. The board shall also adopt any other necessary rules for the conduct !PZ tom-- .,,.'.-_141CROEILME6BY.._ _.. JORM MICR+LAB i CEDAR RAPIDS •DES MOINES t I t r Of its meetings ani _eeding Copies u,' rules prom._~. � pursuant to this ordinance, or final decisions of the board shall be delivered to the city manager, who shall make them accessible to the public. The position of hearing officer is created as an adjunct to thy Fair Rent Board. The hearing officer shall have the power to conduct adjudica- tions, issue proposed orders, and otherwise assist the board in its functions. Each member of the board shall serve as the hearing officer for two calendar months of each year. No board member serving as the hearing officer shall be replaced by the city council during the period of his or her service. VI. JURISDICTION The jurisdiction of the Fair Rent Board extends to all residential rental agreements entered into for dwelling units in the city, except for: rental agreements for residential living arrangements which are excluded from coverage of the Uniform Residential Landlord and Tenant Act, Iowa Code 562A.1 et. seg. (1983). In the exercise of its jurisdiction, the Fair Rent Board shall estab- lish by rule the maximum allowable rents for residential dwelling units and establish by adjudication the maximum allowable rents for residential dwelling units which qualify for a review. In aid of its jurisdiction, the board may issue orders to compel persons to appear before board proceedings and/or deliver documedts to the board. The board may promulgate by rule appropriate administrative -sanctions, and may enforce those sanctions for failure' to obey lawful orders. VII. TEMPORARY MEASURES Rents are frozen at the level in effect on the effective date of this ordinance, and this freeze shall continue for no more than one year. During this period, no new rental agreements shall be entered into which contain rent levels higher than the frozen level. Within ninety days of the effective date of this ordinance, the board shall by rule"promulgate the initial fair rental value based on the rents as frozen and shall include in that rule an order that all rental agreements entered into after the date of promulgation shall contain the initial fair rental value as the maximum allowable rent. F L Do JUL 2 5 1983 MARIAN K. KARR -3- CITY CLERK (1) I qy ....�._ _....__..MICROFILMED.BY.. _:__7-1- JORM MICR+LA9 ' CEDAR RPRIDS • DES MOINES I .. n 4 i L..NDLDI ATIFICATIUf; I) Within thirty days of the effective date of this ordinance, the fair rent board shall formulate and issue a rent certification form. This form shall include, at minimum, requests for the following information: a) adress of the dwelling unit; b) the name, address and signature of the landlord; c) the name and signature of the then -current tenant; d) the number of bedrooms in the dwelling unit; e) whether the dwelling unit has its own kitchen facilities; f) whether the dwelling unit has its own bathroom facilities; g) whether the dwelling unit is furnished by the landlord, and if so, the type and age of the furnishings; h) whether the dwelling unit has off-street parking provided by the landlord; i) whether any utilities are provided by the landlord, and if so, which utilities are provided; J) the monthly rent on the effective date of this ordinance; k) the information on operating costs listed under Section IX, part 2.), a•); . 1) Assessed value (most recent). The form shall also include appropriate spaces to show receipt and certifica- tion by the board. - Within ninety days of the effective date of this ordinance, each landlord shall complete and submit to the board a form for each unit,' building, or complex, as appropriate. The board shall date and certify the completed forms, and shall cross-index and file the forms. 2) If a tenant refuses to sign a form, the board may, upon petition of the landlord, issue an order compelling the tenant to sign; or in the _ alternative may certify the form after the landlord satisfactorily documents, the information on the form. If a'landlord fails to complete the form in a timely manner, the board shall, upon petition of an affected tenant or prospective tenant determine the characteristics of the dwelling unit according to the relevant factors from paragraph one of this section. The board shall then examine completed. forms on file and compile a list of the reported monthly rents for dwelling units with: similar characteristics. The board shall then assign a monthly rent to the dwelling unit which shall be no higher than that figure which represents the twenty-fifth percentile on the comparative list. -4- �tl. _..__..MICROFILMED.BY. _�..._...� JORM MICR#LAB S CEDAR RAPIDS • DES MOINES I ods) bj Ca, tl`' E £qui_ t Assessed Value - Outsta ing ( I ) �--� Debt S _ (equity) Balance AND: (2) Gross Rental Income Less total expenses fr,m above, -_ item (T) Net Income: Market Value = Net Income - Capitali- KV.) zation rate = Market - outstanding debt (equity) balance = c) The board shall use the higher of the two equity calculations to determine the "reasonable rate of return on equity" as follows: Equity x rate of return = Reasonable Return on Equity (R) ADD: Total expenses.(from above) item (T) + Reasonable return on equity -from (R) $ -- Maximum Rental Income establish Divide by .97 for 3% vacancy to maximum base for rental calculation 3) The maximum allowable interest ratu on an ownLr's first mortgagu ates loan shall be three per cent above current available pWeessstorrefinancee intent of this is to,create an incentive to ,property their loans to (reflect) current interest rates. previously certified 4) if a landlord adds capital imporovements to a dwelling unit, the based shall allow an increase in rent to reflect the rovem nts re interest and amortization in cases in which tsuch his ordinanceentheaboardnshall by improvement loans. For the purposes ears biped set the amortization period Et improvementhe capitol improvement. ifttheoimprovements upon expected useful life of tshall are paid by the owner's investment without loans, the owner'.s equity are as determined by the board and the maximum be increased appropriat allowable rent increased pursuant to this section.unit, the board's in the case of the creation of a new dwelling determination of maximumallowable rent shall be based on the calculations outlined above in this section. -6- ..�..".,_....._..IIICROFILMED..BY_.._._.___'. ... JORM MICR+L.AS • CEDAR RAPIDS • OEC MOINES 7t 1 �) In cases in ^ch multipl ling units ar, ne sam il�inj E Ll or complex, the honrd shall provide forms for certifications from ..wners and shall process its analyses to reflect the multiple unit aspects. J U L 2 5 1983 MARIAN K. KARR X. REVIEW AND ADJUSTMENT CITY CLERK (1) 1) A landlord contemplating a rent increase above the maximum allowable rent shall petition the board and request a review. A review petition shall be delivered to the board at least one hundred days before the date of the proposed rent increase. Upon receipt of a review petition, the board shall adjudicate the matter and shall grant an adjustment if the landlord demonstrates by a preponderance of evidence that the current maxi- mum allowable rent does not allow the landlord a reasonable return for the dwelling unit pursuant to the methodology of Section IX. In this event, the board shall calculate the reasonable rate of return for the dwelling unit, determine the rents necessary to assure that return, and certify that figure as the maximum allowable rent for that dwelling unit. XI. RULEMAKING 1) All rulemaking shall be conducted in the following ma-ner: a) the board shall publish notice of its intention to issue a rule in the Icwa City Press -Citizen. This notice shall include at least the following information: i. a general description of the proposed rule; and ii. an announcement of Che' time, date, and location of a public meeting to gather comments on the proposed rule. This meeting shall be held no sooner than fourteen days after publication of the notice. b) After publication of the notice but before conclusion of the public meeting, the board shall accept all written comments, information, or data proffered by any interested person. This material shall be compiled by the board and shall become part of the record of the rulemaking. c) The public meeting shall be recorded, and all comments shall be transcribed as soon as practicable after the conclusion of the meeting. This transcription, together with any written materials timely received, shall constitute the record of the rulemaking. This record shall be closed at the end of the meeting. d) guard members Mud alternates shuLl not WiLLate Lilly ex parte contacts during a rulemaking. If an exap rte contact occurs, the member or alternate contacted shall memorialize the substance of the contact, together with the date, time, circumstance:;, and tho name~ of persons involved in the I%( ._.•„.....-_:._NICROFILMED_BY _._...._-i JORM MICR+LAB ..CEDAR RAP!OS DES MOINES untact. This memot .lizaLLun shah tache.i to a rec- nd shall be available for public inspection with the record, but shall not become a part of the record. e) No later than sixty days after the public meeting, the board shall is'sve•a final rule. The factual conclusions upon which the rule is based shall have substantial support in the record, viewed as a whole, with full attention to public comments in general and the comments of landlords and tenants in particular. 2) At lease once each calendar year, the board shall issue by rule a new fair rental value. This value shall in all cases be a percentage increase of the rent levels certified pursuant to section VIII of this ordinance. 3) The board may, from time to time, issue other rules to further the purposes of this ordinance. These rules may include, but are not limited to, . definitions delineating differences between capital improvements and ordinary repair and maintainence, or definitions of fraudulent conveyances for purposes of chis ordinance. The board may also issue rules changing the definition of "reasonable rate of return" in section IX of this ordinance; provided that no such change shall occur within two years of the effective date of this ordinance. If, any time after two years of the effective date of this ordinance, the general rate of inflation has eroded the factors used to define "reasonable rate of return" in section IX of this ordinance to the point where this ordinance becomes confiscatory, the board shall by rule change section IX to avoid that result. 4)' All rules issued;by the board shall have only prospective effect, and, shall not interfere with then -existing rental agreements. 'XII. ADJUDICATIONS 1) Adjudications shall be commenced by the delivery of a signed and dated petition to an office designated by the city manager. Petitions shall be on a form provided by the fair rent board. Petitions must contain the name and address of each person who is a party to the rental agreement, and must state the relief requested. 2) When a petition is received, it shall be dated, and copies of the dated petition shall be sent by regular mail to all persons named on the petition. The original petition shall be delivered to the hearing officer, who shall examine the petition and determine within forty-eight hours whether the board has jurisdiction over the subject matter of the petition. The hearing officer shall note his or her determination of jurisdiction on the face of the petition and forward copies of the petition to each member and alternate of the board. ME .. ___. MICROFILMED.BY. .._...__..'. JORM MICR+LAB i - CEDAR RAPIDS • DES MOINES t 1 _ . I a) If the he_ iuq, officer .-,rmines the - e board does not have jurisdiction, a copy of this determination shall be sent by regular mail to all persons named on the petition. b) If the hearing officer determines that the board has Jurisdic- tion, the hearing officer shall send notice by regular mail to the petitioner and all persons named on the petition of the time, date, and location of a hearing on the petition, which shall be held between fourteen and thirty days after the date of the petition. This notice shall also include a statement of the nature of the hearing, the legal authority and Jurisdiction under which the hearing is to be held, a reference to the particular rules or sections of this ordinance involved, and a short and plain statement of the relief sought. 3) At the hearing, opportunity shall be afforded to all persons named on the petition to respond and to present evidence and argument on all issues involved, and to be represented by councel at their own expense. The hearing shall be recorded, and this recording, the petition, any written material proffered by a person at the hearing, a statement of all matters + officially noted, the decision of the hearing officer, and the final I � decision.of the board shall constitute the complete record of the adjudication, - subject to provisions of paragraph six of this section. This record, including any tape recordings, shall be maintained by the board for at least five years. Not later than fourteen days after the hearing,.the hearing officer shall { issue a written decision, based solely on the record. This -decision shall consist of findings of fact and conclusions of law, which shall be stated separately. Copies of this decision, together with notice of all rights of appeal, shall be sent by regular mail to all persons nam ed on the petitiop. f Copies shall also be delivered to the members and alternates of the board. i 4) All decisions and determinations of the hearing officer shall become final decisions and determinations of the board fourteen days after issuance unless a) a person named on the petition files a notice of appeal with the i board before the expiration of the fourteen days, and in a timely fashion 1 notifies by regular mail other persons named on the petition of the appeal, or b) the board, on its own motion, decides to review the decision, and j in a timely fashion notifies by regular mail all persons name . d on the petition of its decision 5) A person appealing a decision of the hearing officer after a hesng shall pay any costs of transcribing the recording of the he bFg• If�hekoa JUL 25 1983 _¢ MARIAN K. KARR CITY CLERK (1) 1961 �.�.-...._. MICROFIWED BY_.__..._' JORM MICR+LAB CEDAR RAPIDS • DGS MOINES 1 I i on its own motion deciu. to review a decision of the hL ,g officer after � a hearing, the city shall pay any costs of transcription. 6) In the event of an appeal or a review of a decision, the board shall ' in a timely fashion notify by regular mail all persons named on the petition of the time, date, and location of any additional proceedings the board may choose to conduct. These proceedings, which shall be no sooner than five days j nor later than fourteen days after the date of the appeal or decision to review 1 a decision, may be limited to a review of the record, or may be a reconsidera- tion hearing where new testimony and evidence may be taken. In this event, the board shall conduct its reconsideration hearing in the manner specified in paragraph three of this section, and shall reopen the record to receive any additional evidence proffered at the reconsideration hearing. The board shall close the record at the conclusion of the reconsideration hearing. The board shall issue a final decision within ten days of a reconsideration hearing or record review. The final decision shall affirm, modify, or reverse the decision of the hearing officer, and shall become a part of the record. e 7) Board members, alternates, ant the hearing officer shall not initiate any-expartecontacts during an adjudication. If an ex parte contact occurs, the.hearing-officer; board member, or alternate contacted shall memorialize the, substance of the contact, together with the date, time, circumstances, and names of persons,.involved in the contact. This memorialization shall be attached -to the record and shall be available for public inspection with the record, but shall not become a part of the record. 8) Final board decisions may be appealed within thirty days to a court of s competent jurisdiction: j 9) For purposes of this section, the "hearing officer" is not a member of the board. XIII. BOARD CERTIFICATIONS j l) All orders, decisions, rules, and certifications of the fair rent board shall be issued on a form bearing the signature of the hearing officer, or of aboard member designated to sign such documents, together with a notation of that person's official capacity. 2) The board may request the assistance of the city attorney in enforcing its orders, decisions, rules, and certifications, and the city attorney may petition a court of competent jurisdiction seeking enforcement of board orders, decisions, rules, and certifications. i -10- w.,.3 �.,.., MICROFILMED.BY JORM MIOR¢LAO -CEDAR RAPIDS • DES MOINES 1 ' XI V. ENFU,., _4ENT r. i Fair rent values promulgated pursuant to this ordinance shall be considered terms of respective rental agreements. Tenants and landlords may individually enforce rental agreements through remedies contained in the Iowa OnLEorm Residential Landlord and Tenant Act, Iowa Code Ch. 562A.1 et, seq, (1983). XV- SEVERABILITY If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication will not affect the validity of the ordinance as a whole,' or any section, provision, or part not adjudged invalid or unconstitutional. . _ ......MILROFllMED DORM.;, MIC: API -CEDAR RDS • DE: MOINES' t � XVI EFFECTIVE DA'Z'E. -i This Ordinance shall be in effect after its final passage, approval and publication as required by law. passed and approved this DOIYOR AWEST: CITY CLERK i It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: AM: NAYS: AIiSEN'r: First' consideration 9/27/83 Vote for passage:Ayes:is son, Erdahl. Balmer, Lynch, McDonald. Absent: .Perret. Second consideration Vote for passage: Date published MICRO, E1...E. OY.:..___. -JORM MICR+LAB .,CEDAR RAPIDS • DES MOINES i I j i (4 tff 1 -4 I. r I i I i i XVI EFFECTIVE DA'Z'E. -i This Ordinance shall be in effect after its final passage, approval and publication as required by law. passed and approved this DOIYOR AWEST: CITY CLERK i It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: AM: NAYS: AIiSEN'r: First' consideration 9/27/83 Vote for passage:Ayes:is son, Erdahl. Balmer, Lynch, McDonald. Absent: .Perret. Second consideration Vote for passage: Date published MICRO, E1...E. OY.:..___. -JORM MICR+LAB .,CEDAR RAPIDS • DES MOINES Date: September 21, 1983 To: Mayor and Members of the City Council SEP 2 21983 MARIAN K. KARR CITY CLERK (3) From: James Rhodes, on behalf of the Iowa City Fair Rent Coalition Re: Fair Rent Ordinance In response to the lawyer who spoke for the Greater Iowa City Area Apartment Owners Assoc.: 1. His first contention is that compilation of the landlord data i will tnke more than twelve months. The formula is straightforward and I only requires at most eleven figures from the landlord (1. Maintenance and repairs; 2. Utilities paid by owner; 3. Management and profession- al fees; 4. Insurance; 5. Supplies; 6. Local property taxes; 7. Interest on mortgage loan; 8. Refinancing costs; 9. Assessed value; 10. Outstanding debt; 11. Gross rental income;). With these figures all that is required is entering the data into a simple computer program i which then would determine the maximum allowable rent in less than a i second. r2. The fact that two lending institutions are suggesting they will break the law by redlining if this ordinance is passed, should have no bearing on the quality of the ordinance. Most important though, is that it reveals irrational action based on the misconception that an investor I I r f. would not earn a reasonable return. The ordinance allows landlords to II) charge a rent that includes a reasonable return on their equity and covers all costs. 3. Principal is not passed through as a cost in the formula because 3t is not a cost. The Internal Revenue Service does not recognize.it as a costa Principal is the application of earnings to the payment of a debt or in this case adding to the equity of the property. 4. The assumption that new construction would have a low assessed ." _.,_.111CR0F1LMED,DY .._..i. JORM MICR+LA9 -CEDAR RXR10S • DEZ MM NES value and thus would not be allowed a profit is no, valid. First, the landlord can always show hardship and be granted a variance. , most importantly, the Board would recognize the not of newSecondcon- and struction and most likely substitute a commensurate value such as the value stated on the building Permit until the building is assessed on January 1st. 5. nis contention that new investors borrow 100 value of an apartment is not realistic. percent of the market All lending institutions require some sort of security to protect their loan and Just the value of the unit is not enough. Therefore, everyone will have some equity in their apart- ment on which to realize a return. This equity grows each year as the loan is paid off. .... ...... __._,_MICROFILMED BY JORM MICR(�LAO CEDAR Rk Date: September 21, 1983 SEP 2 21983 To: Mayor and Members of the City Council MARIAN K. KARR From: James Rhodes and Peter Grady, on behalf of the IowaCCTYy %ERK (3) Rent Coalition Re: Fair Rent Ordinance We wish to thank you for your comments and questions at the September 13, 1983 public hearing on the Fair Rent Ordinance. We have carefully considered those comments, and reconsidered the proposed Ordinance in light of those comments. As a result of our discussions, we have identified items in the Ordinance which,. if changed, would improve the operation of the Ordinance. We consider ! these proposed changes `insubstantial, in that they do not change the nature of the Ordinance, but rather serve to correct obvious errors in the draft ' and to address specific concerns which you raised. f Article VII, Sec. 7.05 of the City Charter clearly allows the Council s ` to make insubstantial changes to an initiative ordinance prior to adoption of.the ordinance by the Council. The City Charter is ambiguous on thefollowing related question:: If the Council makes insubstantial changes to an initiative ordinance and then fails to adopt the ordinance, does the original unchanged draft appear on the ballot, or is the "changed" version of the ordinance i submitted to the voters? In the event the Council does not adopt the Ordinance or the Ordinance appears on the ballot in its original draft, the Fair Rent Coalition will lobby the Fair Rent Board to address these changes by rule, following adoption of the Ordinance by the voters. I. Factor Changes* Sec. IX (2) (a) should be changed to reflect the following: Operating costs [(a) (1)] should be added to Local Property Taxes [(a) (2)] and the total of these two figures should be denominated as (t)• -I Sec. IX (2) (b) should be changed in the following manner: "Assessed Value" should be changed to "Actual Value." [(b) (1).] 'Item (T)" should be changed to "Item (t)." [(2),] hese ect onlSec. IX. i may be changed tiyerulefenotwithstanding the)language of )Sec. XI (2). That section's two year prohibition of rule changes applies to subsection (c) of Sec. IX (2). These changes are proposed by Mr. Rhodes. I .•,.� _...__MICROFILMED .BY ... _.�_I' l JORM MICR+LA© } CEDAR RAPIDS • DES MOINES !3 I September 21, 1983 Re: Fair Rent Ordinance page 2 The corrected formula factors should read as follows (deletions struck; additions underlined): "IX. ESTABLISHMENT OF MAXIMUM ALLOWABLE RENTS 1). . 2). . . a) Expenses borne by owner: (1) Operating costs: Maintenance and Repairs i Utilities paid by owner Management and Professional Fees Insurance Supplies ... Total: Excluded are depreciation and capital improvements made after the effective date of this ordinance. (2) Local Property Taxes b) Calculation of Equity (2 methods) (1) A4g04�04/ Actual Value -Outstanding Debt AND: Balance = (2) Gross Rental Income .i Less total expenses from above, item Net Income: ." I �•;,... .__MICROFILMED.8Y JORM MIC: R+L.AB 1 DES MOINES -CEDAR RAPIDS • 1 i _I 1 I j {( i{ i s i l September 21, 1983 Re: Fair Rent Ordinance page 2 The corrected formula factors should read as follows (deletions struck; additions underlined): "IX. ESTABLISHMENT OF MAXIMUM ALLOWABLE RENTS 1). . 2). . . a) Expenses borne by owner: (1) Operating costs: Maintenance and Repairs i Utilities paid by owner Management and Professional Fees Insurance Supplies ... Total: Excluded are depreciation and capital improvements made after the effective date of this ordinance. (2) Local Property Taxes b) Calculation of Equity (2 methods) (1) A4g04�04/ Actual Value -Outstanding Debt AND: Balance = (2) Gross Rental Income .i Less total expenses from above, item Net Income: ." I �•;,... .__MICROFILMED.8Y JORM MIC: R+L.AB 1 DES MOINES -CEDAR RAPIDS • 1 September 21, 1983 Re: Fair Rent Ordinance page 3 In the calculation of equity based on gross rental income (Sec. IX (2)(6)), the use of total expenses, capital 'T' on page five, produces a distorted market value. The problem arises because the total expenses include finance costs. The capitalization rate used to calculate market value is derived based on the cost of capital (finance costs). Thus, finance costs are counted twice as the ordinance stands. The expenses the equity calculation should use is the sum of the operating costs and local property taxes. Using this sum, noted as 'subtotal (t)' on page one of this memo, interest is excluded. Use of subtotal (t) in the equity calculation allows the calculation to operate in accordancewith - J the manner in which investors calculate market value. S s ..............:.MILROE.IIMEO..RY.._._._.._�,.... Iy .. JORM MICR+LA6 j -CEDAR RAPIDS • DES MOINES . i I i is i i. September 21, 1983 Re: Fair Rent Ordinance page 3 In the calculation of equity based on gross rental income (Sec. IX (2)(6)), the use of total expenses, capital 'T' on page five, produces a distorted market value. The problem arises because the total expenses include finance costs. The capitalization rate used to calculate market value is derived based on the cost of capital (finance costs). Thus, finance costs are counted twice as the ordinance stands. The expenses the equity calculation should use is the sum of the operating costs and local property taxes. Using this sum, noted as 'subtotal (t)' on page one of this memo, interest is excluded. Use of subtotal (t) in the equity calculation allows the calculation to operate in accordancewith - J the manner in which investors calculate market value. S s ..............:.MILROE.IIMEO..RY.._._._.._�,.... Iy .. JORM MICR+LA6 j -CEDAR RAPIDS • DES MOINES . i I September 21, 198, Re: Fair Rent Ordinance page 4 II. Language�es* Section V Should be changed to add the words "except for good cause" to the final sentence of the section. The change would read as follows (there are no deletions; the added language is underlined): "V. BOARD ESTABLISHED _MICROFILMED St.,. ..I. .. JORM MICR+LAB .� -CEDAR RA PI Ds - DET MOINES 1 1 September 21, 1981-11 . Re: Fair Rent Ordinance page 5 III. Other Concerns Many other concerns were raised during the public hearing. We believe that most of these concerns were either adequately addressed in the September 11, 1983 memorandum to the mayor and the city council or reflect concerns of a political, rather than legal, nature. Two issues remain however, and are addressed below: 1. Limitation of city liability A concern was expressed that the Ordinance contains no method to limit city liability, if the Fair Rent Board is unable to adjudicate petitions within 100 days. There does not appear to be a way to eliminate this potential problem, given the breadth of the delegation of power to the Fair Rent Board. The Ordinance was drafted with the belief that, since the formula guarantees a reasonable rate of return to all landlords, a landlord petition requesting rent above the ceiling rate would be the exception, and not the rule. It is certainly possible that the Fair Rent Board could be flooded with petitions, (including many, perhaps, which would not be submitted in good faith) and that the adjudication procedure would be overloaded and unable to function. In this event, the city would be liable to anyone who could prove a deprivation of property through inaction of the Fair Rent Board. The Fair Rent Coalition recognizes this possibility, but does not believe such an outcome is likely, given.the:Ordinance's guarantee of a reasonable.rate of return and a belief that citizens will accept this Ordinance as a law to be obeyed, and not subverted. 2. Jurisdiction and sanctions Several individuals voiced a concern that the Fair Rent Board would administer administrative sanctions, under Section VI of the Ordinance. i This concern is misplaced. Section VI outlines the broadest possible jurisdiction for the Fair Rent Board. Most of that jurisdiction is vested -� in the Board by the operation of the language. However, the "sanctions language contains the word "may." This choice of language is designed to suggest that it is possible that the city council may vest the complete jurisdiction, including the power to issue and enforce sanctions, in the Board, but there is no requirement that it do so. In addition, even if the city council chooses to vest all of the possible jurisdiction, the Board may only enforce sanctions which have been adopted by rule. One way to explain this concept is as follows: The United States Constitution gives the federal judiciary jurisdiction over diversity cases. However, the federal judiciary does not have or exercise all of this possible jurisdiction. For example, the Constitution places no dollar value on diversity jurisdiction, yet federal courts may only hear 196 4 DORM MICR -� ... .. ._ .MICROFILMED.BY_LA CEDAR WPIDS • DES MOINES �` i 1 1-� September 21, 198 Re: Fair Rent Ordinance page 6 diversity changes if the amount in controversy exceeds $10,000. See 18 U.S.C. §1332. In short, not all of the possible jurisdiction need be vested in the Board. In addition, even if all of the possible jurisdiction is vested in the Board the Board need not exercise all of this jurisdiction. For an analogy in the federal judiciary, see Strawbridge v. Curtiss, 7 U.S. 267 (1806). Finally, the intention behind the possible adoption and enforcement of "sanctions" was simply to provide some power to deal with potential abuses of the adjudication process. There is nothing in the ordinance which would prevent an individual --landlord or tenant --from abusing the system by submitting successive petitions for nuisance value. It is possibl'e'for one individual to file daily petitions with no hope of j success, but with the intention of harassing a person or overloading the board with spurious petitions. It was felt that the board should have a potention power to deal with this type of situation, should it arise. i JORMMICR+LAB ;1 -CEDAR WPIDS • DES MOINES 11 JORMMICR+LAB ;1 -CEDAR WPIDS • DES MOINES 11