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Home My WebLink About1983-12-20 ResolutionRESOLUTION NO. 83-395 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: James P. Halloran and James P. Pruland dba MAG00'S 206 N. Linn Street Iol:,ra City, Iowa It was moved by Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1 Balmer __ X { Erdah_ 1 X Neuhau_ sem_ X Perret X 1 Dickson X McDonald X j Passed and approved this 20th day of December _f i 19 83 Mayor Attest: �;'; City Clerk i 339 �.... ... , MICROFILMED BY JORM MICR+L-AB CEDAR RAPIDS • DE: MOINES i i i 1 I 1 ^ I� I i i j i i RESOLUTION NO. 83-396 RESOLUTION TO REFUND CIGARETTE PERMIT_ WHEREAS, Renal Vendinn (Sirloin StorknAel at 621 S. Riverside in Iowa City, Iowa, has surrendered cigarette permit No. 84-93 , expiring June 1 , 19 84 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 84-93 , issued to Rectal Vending (Sirloin Storkade) be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to drew a warrant on the General Fund in the amount of $50.00 , payable. to Regal Vending (Sirloin Storkade) as a refund on cigarette permit No. 84-93 It was moved by Lynch and seconded by Perret that the Resolution as'read be adopted, and upon roll call there were: QYlu4L A YS: ABSENT: Balmer X Dickson X Erdahl X Neuhauser X Perret X LYNCH X McDonald X Passed and approved this 20th day of December __ _ , 19 83__. Mayor Attest: a J �// ! ..-.... MICROFILMED BY 1 JORM MICR+LAB CEDAR RAPIDS • DES 1401NE5 1 I 1 7 J 33S�9a.>' (2t) RESOLUTION NO. S3 - RESOLUTION AMENDING THE BYLAWS OF THE IOWA CITY RESOURCES CONSERVATION COMMISSION WHEREAS, the Resources Conservation Commission adopted its bylaws at a regular meeting held April 5, 1977; and WHEREAS, the referred to Bylaws establish the second Tuesday of each month, per Article V, Section 1, as the regular meeting time, but present membership has found it difficult to generate a quorum at that time; and WHEREAS, pursuant to Article IX of the current bylaws an amendment process is available to alleviate this situation by amending said Article V, Section 1 to provide for a new regular meeting time. NOW, THEREFORE, BE IT RESOLVED BY THE RESOURCES CONSERVATION COMMISSION OF IOWA CITY, IOWA, that the bylaws of the Iowa City Resources Conservation Commission, Article V, Section 1, are hereby amended to read: Regularr Meetings. Regular formal meetings of this Commission shall be held on the second Monday of each month. It was moved by Ley y and seconded by eL the Resolution be adopted, and up In roll call there were: AYES: NAYS: ABSENT: Singerman Sheehan Gartland Parsons �G Levy McPeak (vacant) }4 Passed and approved this day of eaeNrd er 1983, 1!W9yW & Apfes} BY Tho 14VLI Doparlmerd -^._.....lZ lz 3 ......_.MICROPILMED.BY, .._..__.� JORM MICROLA9 CEDAR RAPIDS • DE-- MOIRES ,3 3S/ i RESOLUTION NO. 83-397 RESOLUTION ACCEPTING THE WORK FOR THE C.B.D. ALLEY PAVING -PHASE III, BLOCKS 65 & 81 O.T. IN IOWA CITY, IOWA covering the tCeBED. AlleynPavving-PhaseaIII, B ockse65t&a 81t0eT.minoIowants City as Included In a contract between the Clty of Iowa City and James T. Fox Contractino Corporation of Marion. Iowa dated June 8 1982 , be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, that saiiTHEREFORE, RESOLVED city, Iowa, dimprovements be herebyacceaccepted byy the tthe fa ofIowaCity, Iowa. It was moved by Lvnch and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 20th day of December F. EIIJ.... L... .. ATTEST: 7e� /-�A^ / CITY CLERK MICROFILTIED BY t JORM MICR+LAB CEDAR RAPIN DES I101NE5 I I Roealvod & Approved By T a Legal Dopattanant r-, R3 33SfG CITY CIVIC CEN(ER r OF 410 E. WASHNGTON ST. o OW/A IOWA CITY, IOWA 52240 ENGINEER'S REPORT December 13, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: CITY (319) 356-5000 I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. CBD Alley Paving - Phase III, Blocks 65 & 81, O.T., as con- structed by James T. Fox Contracting Corporation of Marion, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. ctful s7ed, .� FrK. Farmer City Engineer bj2/19 JORM - MICR�ILAB �CEOAR R4I6S - DES MOINES 11 335 .,d s I i CITY CIVIC CEN(ER r OF 410 E. WASHNGTON ST. o OW/A IOWA CITY, IOWA 52240 ENGINEER'S REPORT December 13, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: CITY (319) 356-5000 I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. CBD Alley Paving - Phase III, Blocks 65 & 81, O.T., as con- structed by James T. Fox Contracting Corporation of Marion, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. ctful s7ed, .� FrK. Farmer City Engineer bj2/19 JORM - MICR�ILAB �CEOAR R4I6S - DES MOINES 11 335 .,d RESOLUTION NO. 83-398 RESOLUTION ACCEPTING THE WORK FOR PAVING AND STORM SEWER FOR ASPEN LAKE SUBDIVISION, PART 2 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, Paving for Aspen Lake Subdivision, Part 2, as constructed by Metro Pavers, Inc., of Iowa City. Storm sewer improvements for Aspen Lake Subdivision, Part 2, as constructed by Dave Schmitt Construction Company, Inc., of Cedar Rapids, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved byLynch and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 20th day of December , 19 83. MA OR Roca}�n, a G�wt lrv;4 ATTEST:J L:;,nf k.:a CITY CLERK_ .-_._..I•IICRDFILPoEDBY...____,_�_ _ t JORM MICR#LAB I CEDAR RII•PIDS • DEC 14011? ,y� 1 (i CITY CIVIC CENTER r� CSF IOWA CITY 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT December 14, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Paving for Aspen Lake Subdivision, Part 2, as constructed by Metro Pavers, Inc., of Iowa City. Storm sewer improvements for Aspen Lake Subdivision, Part 2, as constructed by Dave Schmitt Construction Company, Inc., of Cedar Rapids, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. spe tfullyi�l, iAaV Frank K. Farmer City Engineer bj 3/1 ^9 i it i I I i I I r� CSF IOWA CITY 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT December 14, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Paving for Aspen Lake Subdivision, Part 2, as constructed by Metro Pavers, Inc., of Iowa City. Storm sewer improvements for Aspen Lake Subdivision, Part 2, as constructed by Dave Schmitt Construction Company, Inc., of Cedar Rapids, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. spe tfullyi�l, iAaV Frank K. Farmer City Engineer bj 3/1 ^9 x' ,j _ . MICRDEILMED dY..._.._ JORM MICR�LAB I CEDAR RAP. DS DES Id01NES 1 I 1 11 a it i I i i x' ,j _ . MICRDEILMED dY..._.._ JORM MICR�LAB I CEDAR RAP. DS DES Id01NES 1 I 1 11 a e" - r Q) RESOLUTION NO. 83-399 RESOLUTION ACCEPTING THE WORK FOR SANITARY SEWER IMPROVEMENTS FOR MACBRIDE ADDITION, PART FOUR 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, Sanitary sewer Improvement for MacBride Addition, Part Four as constructed by J.C. Construction, Ltd., of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Lech and seconded by Perret that the resolution as read be�te�fc, and upon roll cal there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 20th day of December 19-aL. I MAY 2�- / ) ROCPivad & Approved .. ATTEST:. , J CcY,t.L/ Dy Tho Legal Da r2rn �r CITY CLERK 33 � r ..{ 11ICROFILME0 BY---- JORM MICR4LAE3 CEDAR RAPIDS • UES MOINES i, ( " � I i j I I i i � ,I s I I� 1 I 1 i CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA IOWA CITY, IOWA 52240 ENGINEER'S REPORT December 14, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: CITY (319) 356-5000 I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer improvements for MacBridge Addition, Part Four, as constructed by J.C. Construction, Ltd., of Iowa City. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. s tfully u i Frank K. Farmer City Engineer bj3/3 s � ECEDAR DEILI4E MICR#LAB IDS •DES MOINES 3.3 S i 1 J� f , I I" I e--; RESOLUTION NO. 83-400 RESOLUTION ACCEPTING THE WORK FOR PAVING FOR MACBRIDE ADDITION, PART FOUR 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, Paving for MacBride Addition, Part Four, as constructed by Metro Pavers, Inc., of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved byLynch and seconded by Perret that the resolution as read be adopted, and upon roll call there were: 1. AYES: NAYS: ABSENT: X Balmer X Dickson X Erda hl X Lynch K McDo nal d X Neuhauser X Perret Passed and approved this 20th day of December , 1983 . I I P1 i IA I IV MAYOR ATTEST: -A,., CITY CLERK r, _ ......_.... MICROFILMED BY._.._...__� ._ JORM MICR+LAE3 i CEDAR R41 DS DES MOINES I I 0 Pocftivnti 2 ApprovM, { Br Tha a:nul Svrrac tm.�4 CITY OF CN/IC CENTER 410 E. WASHINGTON ST Ftirs low/\ IOWA CITY, IOWA 52240 ENGINEER'S REPORT December 14, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: CITY (319) 356-50017 I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Paving for MacBride Addition, Part 4, as constructed by Metro Pavers, Inc., of Iowa City. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. ul 777 Frank K. Farmer City Engineer MICROFILMED.BY .... JORM MICR+LAB -CEDAR RAIDS • DES MOINES n r"I RESOLUTION NO. 83-401 RESOLUTION ACCEPTING THE WORK FOR THE NORTH BRANCH DETENTION STRUCTURE (PHASE 1), RALSTON CREEK STORM WATER MANAGEMENT PROJECT WHEREAS, the Engineering Division has recommended that the improements covering the North Branch Detention Structure (Phase 1), Ralston CreeK as included in a contract between the City of Iowa City and Barker's, Inc. of Iowa City, Iowa dated June 30. 1982 be accepted, and WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved byLynch and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Balmer _x Dickson x_ Erdahl _x Lynch x_ McDonald _x Neuhauser x Perret Passed and approved this 20th day of December , 19-g_. 11FARM ATTEST: ,4,,/ C Y CLERK 14ICROFILMED BY._.._:__...� JORM MICR+LAB R CEDAR RA HOS • DE: MOINES 0 I { Received & Approved by Tho Legal Dopartment 3 3 SBI, CITY CSF IOWA CITY 0VIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5050 ENGINEER'S REPORT December 14, 1983 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. North Branch Detention Structure (Phase 1), Ralston Creek Storm Water Management Project as constructed by Barker's Inc., of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Frank K. Farmer City Engineer . _-_._..MICROFILMED BY..._._,__.� t DORM MICR+LAB {• CEDAR RAPIDS • DES MOINES 1 3358. I RESOLUTION N0. 83-402 RESOLUTION ACCEPTING PAVING IMPROVEMENTS FOR BOYRUM SUBDIVISION, PART 2 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, Paving improvements for Boyrum Subdivision, Part 2, in Iowa City, Iowa as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. y Lynch It was moved by seconded by Perret that the resolution as read be adopted, and upon roll call there were: an AYES: NAYS: A6SENT: X Balmer X Dickson X Erdahl X Lynch X McDonald g Neuhauser Perret Passed and approved this 20th day of December ATTEST: I%1) i I 1983 JA1 MA OR j / MICROFILMED. BY _.-.-. _....� _. JORM MICR+Ll�B CEDAR RAPIDS • DES MOINES I j ncie teal 9, Apgrovod r� T,lss I,usol q�l^sr,ent I rt' 3359 'b -i CITY CIVIC CENTER CSF IOWA CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5030 ENGINEER'S REPORT December 14, 1983 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Paving Improvements for Boyrum Subdivision, Part 2, in Iowa City, Iowa as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, 9,* k• fakto,� ty DG Frank K. Farmer City Engineer _.-. ._...._.MICROEILMED.BY. __.:..-. ..._ JORM MICR+LA6 CEDAR IMIS DES MOIMEB ((( 1 3359 I RESOLUTION NO. 83-403 RESOLUTION ACCEPTING THE WORK FOR THE NEIGHBORHOOD STRATEGY AREA CURB RAMP AND SIDEWALK REPAIR PROGRAM (NORTH SIDE) WHEREAS, the Engineering Division has recommended that the improvements covering the Neighborhood Strategy Area Curb Ramp and Sidewalk Re air Program (North Side as inc uded in a contract between the City of Iowa City,and Ahrens Construction sated October 4, 1yt5s , ue a�UcNwu, -- WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Lynch and seconded by Perret that the resolution as read—be pted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl _ X_ Lynch X McDonald x Neu hauser x_ Perret Passed and approved this 20th day of December 19 83 L�-• - �_.WA_. ATTEST: )4 ) +i% l ?, .[-) — CITY CLERK MICRON U1ED BY. JORM MICR+LA6 I CEDAR RAPIDS • DE. MOINES I l� f I � CITY CNIC CENTER CSF IOWI-\ CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500 ENGINEER'S REPORT December 14, 1983 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Enigneering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Neighborhood Strategy Area Curb Ramp and Sidewalk Repair Program (North Side) as constructed by Ahrens Construction of Harper, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, D•� .Frank K. Farmer City Enigneer III CROFIIMED. BY l JORM MICR+LAB S CEDAR RAPIDS - DES MOINES 1 3340 ... •_ .. ......,.., lvcz IlQ RESOLUTION NO. 83-404 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND IOWA CITY, IOWA, ESTABLISHING POLICIES FOR DEVELOPMENT OF LAND WITHIN THE TWO-MILE EXTRATERRITORIAL AREA OF IOWA CITY. WHEREAS, two or more local governments are enabled under Chapter 28E of the Code of Iowa to enter into agreements to cooperate for the mutual advantage of the governments involved; and WHEREAS, Iowa City deems a land use policy agreement with Johnson County, for orderly growth and development within the two-mile extraterritorial jurisdic- tion of Iowa City, to be to the mutual advantage of Iowa City and Johnson County. NOW, THEREFORE, BE IT RESOLVED: That the City Council of Iowa City hereby authorizes the Mayor to sign and the City Clerk to attest to the attached 2BE agreement between Johnson County and Iowa City establishing land use policies for the two-mile extra- territorial jurisdiction of Iowa City. It was moved by Erdahl and seconded by _&DDnaW the Resolution be adopted, and upon roll call there were: I;. i AYES: NAYS: ABSENT: 'r X Balmer X Dickson X Erdahl X Lynch ,i g McDonald X Neuhauser —� Ferret Passed and approved this 20th day of December , 1983. h MAYOR ATTEST: tITY CLERK f I ROCOlved & Approved By The legal De arts ent 3347 _. __._._M II10F I LMED. BY JORM MICR¢LAO i CEDAR R07DS • DE: MOINES I 41' l :_ i ,'I 1. FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND IOWA CITY, IOWA This agreement is entered into pursuant to Chapter 28E of the Code of Iowa by and between Johnson County, Iowa, a municipal corporation, a the City of Iowa City, Iowa, a municipal corporation; to -wit: WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979 calls for the preparation and adoption of development plans and agreements between the County and the City regarding the Municipality and its Environs; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in February, 1983 outlines the extent of urban development expected within the next 20 years and projects limited annexation of extraterritorial areas; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish policies for the orderly growth and development within the two-mile extraterritorial jurisdiction of the City; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such i to more effectively and economically policies are necessary in order provide services for future growth and development. NOW, THEREFORE, the parties hereto, do agree for themselves and their respective successors as follows: r SECTION I. AREA DEVELOPMENT POLICIES & IMPLEMENTATION MEASURES The parties accept and agree to the following Area Development Policies and Implementation Measures regarding annexation, zoning, and subdivision review for the various designated areas outlined on the attached map. Statement of Intent In order to.facilitate the purposes of Chapter 93A of the Code of Iowa and to further the policy of this State to provide for the or er y use and development of land and related natural resources in Iowa for residential, commercial, industrial, and recreational purposes, preserve private property rights, protect natural and historic resources and fragile ecosystems of this state including forests, wetlands, rivers, streams, lakes and their shorelines, aquifers, prairies, and recreational areas to promote the efficient use and conservation of energy resources, to promote the creation and maintenance of wildlife habitat, to consider the protec- tion of soil from wind and water erosion and preserve the availability and use of agricultural land for agricultural production, through processes that emphasize the participation of citizens and local governments; and, In the interest of providing for orderly and efficient development patterns in those areas of Johnson County within the two-mile extraterritorial jurisdiction of Iowa City and in order to provide services for such development at the least cost to all of the cncnle of Johnson County, the City of Iowa City and Johnson County .agree, as pruvided in Chapter 2SE of the Cude of Iowa, t.) tir_ polio ai:a D_':e =meat 5 _ M ICROFILIIEO.BY y JORM MICR+LAE t f{ CEDAR ROIDS • DES MOINES 337 Page 2 Policies and Implementation Measures regarding annexation, zoning and subdivision review for various designated areas outlined on the attached map. The 2E n County d the CitOf Iowa ty ll pertain for the anentireetwo-mileoextraterritor al juril sd ct onal areaof Iowa City. AREA 1 Policy Agricultural use is the preferred use in Area 1. Resi o� tsoil and for farm family purposes will be considered depending site conditions. The policy regarding this area should be reevaluated at such time as the potential office research park development anticipated in the northwest quadrant of Iowa City is realized. implementation: F 1. All zoning requests will be reviewed for conformance with the policies established for Area 1. 2. County and City Rural Design standards will be applied to regulate (City Urban Design development within existing residential zoning. Standards will not apply). 3. m annexation of this area is anticipated in the three year review period provided for in Section III. i i AREA 2 Policy This area should develop as low to mediumrdensity residential use; large scale commercial development is inappropriate due to the proximity of existing residential uses, the I-80 and Dubuque Street interchange, and the curvature of Dubuque Street. aLi ped commercial may be considered when integrated as pa rt oftial development. i Implementation: i 1. The County will adopt Planned Development Performance Standards (PUPS) . considered as part of R 2. Limited commercial usesals and will conform t the PDPSlanned residen- tial development propo 3. County and City Rural Design standards will be applied to regulate development within existing residential zoning. is anticipated in the three year review q. No annexation of this area period. j 3347 l JORM MICR¢LAB y 1} -CEDAR WHOS • DEE MOINES IJ Page 3 AREA 3 Policy Residential development in the County will be encouraged in Area 3 and will be governed by the provisions of the Corridor Development Plan adopted November, 1962. Implementation: 1. Development shall conform with the Corridor Development Plan and comply with County and City Rural Design standards. 2. No annexation of this area is anticipated in the three year review period. AREA 4 Policy Residential development in this area should be discouraged, and encouraged to take place in Area 3 and other parts of the county zoned for residential development. Agricultural use is the preferred use in Area 4. Residential uses for farm family purposes will be considered depending on soil and site conditions. ! t Implementation: I 1. All zoning requests will be reviewed for conformance with the policies established for Area 4. 2. Development of existing zoning within Area 4 will be required to comply with County and City Rural Design standards. Y i 3. No annexation of this area is anticipated in the three year review period. AREA 5 Policy Agricultural uses are encouraged to continue on land which is ' considered "prime" agricultural land. Residential uses for farm family purposes will be considered depending on soil and site conditions. Non-farm development should be confined to existing ` zoning within one mile of the eastern corporate limit of Iowa City and should develop in a manner consistent with the anticipated limited annexation of this area. Additional land for industrial use has been identified in the triangular area east of the corporate t limits and bounded by the railroad tracks on the north and the local road on the south. Implementation: 1. All rezoning requests will be reviewed for conformance with the policies established for Area 5. 2. Residential development will be discouraged in the area identified r for industrial use and screening provisions will be added to the CeunL•v's industrial performance standards. 3347 ..!. .1.41CROFIUIED BY JORM MICR+LA6 L S CEDAR RAPIDS • DE: MOINES 1 it Page 4 3. City Urban Design standards will be imposed for any development within one mile of Iowa City's eastern limits. 4. County and City Rural Design standards will be applied to regulate any residential development beyond one mile of Iowa City's eastern limits. 5. Annexation requests within one mile of Iowa City's corporate limits will be considered at such time as City services can be provided. AREA 6 Policy Agricultural use is preferred. Residential uses for farm family purposes will be considered depending on soil and site conditions. Development of existing residential zoning should be limited by the capacity to provide municipal services. Implementation: I. Requests to rezone land will be reviewed for conformance with the Policies established for Area 6. 2. City Urban Design standards will be imposed for any development within one mile of Iowa City's southern limits. 3. County and City Rural Design standards will be applied to regulate any residential development beyond one mile of Iowa City's corporate limits. 4. Annexation requests within one mile of Iowa City's corporate limits will be considered at such time as City services can be provided. AREA 7 Policy Continued agricultural use is the preferred use in Area 7. A subarea of Area 7 is defined by the watershed line between the Willow Creek and Old Man's Creek drainage basins and by Highway 1. This subarea will be evaluated for annexation as development proceeds. Limited residential development will be considered in the rest of Area 7 where County services can be provided most effectively. Implementation: 1. All zoning requests will be reviewed for conformance with the policies established for Area 7. 2. Residential subdivisions proposed in the subarea of Area 7 shall conform to City Urban Design Standards. 3. Limited residential development which does occur outside the subarea will be required to comply with County and City Rural Design stan- dards. JORM MIC R+LAB CEDAR RAPIDS • DES 1401NES 1 Page 5 4. Annexation requests within the subarea may be considered as develop- ment proceeds and City services can be provided. No annexation of the rest of Area 7 is anticipated in the three year review period. AREA 8 Policy Development in Area 8 will consist primarily of commercial and light industrial uses subject to certain standards. Any development which may occur will be consistent with the Airport overlay Zone. Implementation: 1. That portion of Area 8 east of U.S. Highway 218 will be incorporated into Iowa City by annexation. 2. Planned Commercial Development standards will be developed and adopted by the County. 3. Provisions for screening between commercial or industrial development and residential develgpment wil be adopted for developments in the County. 4. No annexation of areas gest of U.S. Highway 218 is anticipated in the three year review period. AREA 9 Policy Low density residential development is projected in those portions of Area 9 which can be served with municipal services. Those areas which are not serviceable should remain in agricultural use. Implementation: 1. Interim Development (ID) zoning of most of Area 9 is anticipated until such time as City services are available. 2. City Urban Design Standards shall apply to any development in Area 9. 3. Those portions which cannot be served by City services will be considered for deannexation and the application of County and City Rural Design Standards. 4. Hunters Run Subdivision will be retained within the corporate limits subject to review of the subdivision in 1985. SECTION II. ADMINISTRATIVE POLICIES The parties accept and agree to the following administrative polices: Zoning regulation as a rule is the county's prerogative while subdivision regulation in these areas comes under a city's authority. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affect both jurisdictions and have produced a clear and pressing _ ._.._.....MICROrILMEO BY JORM MICF;I+LAB { -CEDAR RAPIDS • DEC MOINES t � H -4� Page 6 need for coordination and joint administration. 7b that end, the City and the County agree to the following procedures for administration of land use regulations. A. Zoning Regulation: 1. Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 358A, Code of Iowa. 2. Implementation of measures outlined in this agreement which call for rezoning of specific areas or the adoption of new regulations will be undertaken within the 3 year review period of this Agreement. 3. Each request for zoning of property within Areas specified in this Agreement will be forwarded to the City for review and comment prior to the public hearing before the County Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the requested change is located. B. Subdivision Regulation: 1. Subdivision of land within the 2 mile extraterritorial jurisdic- tion will be required to conform to either the Rural Design Standards of the City and of the County or City Urban Design Standards in accordance with the Area Policies and Implementation Measures specified in this Agreement. 2. Persons wishing to subdivide land within the Areas specified in this Agreement shall be required to file, at the same time with both the City and the County, a subdivision application, the processing of which shall be coordinated to ensure concurrent review by both the City Planning and Zoning Commission and the County Zoning Commission. 3. Subdivisions of land into less than three lots will continue to be regulated by the County. C. Annexation: 1. Iowa City will annex territory only in accordance with the Policy Statements and Implementation Measures specified in this Agree- ment. 2. Requests for annexation or severance of property within the Areas specified in this Agreement will be forwarded to the County, upon receipt of the application by the City, for review and comment prior to consideration by the Iowa City Planning & Zoning Commission. �.. r ._.. _.MICRO FILMED BY. .. JORM MICR+LAB l CEDAR RAPIDS • DES 140INES 1 I i i Page 7 4fie Chair of the Johnson County Board of Supervisors shall initiate a review of the Area Development Policies and Implementation Measures and the Administrative Policies every three (3) years during the term of this agreement by contacting the Mayor of Iowa City and both parties to this Agreement shall consider modifications of this agreement, in accordance with the review, as appropriate. SECTION IV. 'ibis agreement shall become effective upon acceptance and execution of the parties, and shall be in effect until _January 1, 2005 (21 years). nis agreement may be modified and extended by the written mutual consent of the parties. SECTION V. This agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa. Dated this 29Lth day, of December �/) /nl , 1983. 'jawsOH r_Otfi(.'f_) BY: ATTEST: /GYrt \,- County County Auditor Dated this 2e'* day of Dew.�— , 1983. CITY OF IOWA CITY BY: C,• -ir1 p l 1 YA 11 l l A D Mayor ATTEST: City Clerk r .._.*'... __.MICROFILMED BY__... _...._�t. JORM MICR+LA6 ` J CEDAR RAPIDS • DES MOINES +i I Receiver! & Approved Sy 7ha Legal Depa tment 33(w7 14; .:r Page 8 APPENDIX - Definition of Standards City Urban Design Standards Those standards imposed on any subdivision within the corporate limits of Iowa City and enumerated in Section 32-54 to 32-60 of the Municipal Code of Iowa City. City Rural Design Standards 1.0 Streets 1.1 Streets shall be designed for a minimum of 22 foot wide surface. Curb and gutter will not be required. 1.2 The right-of-way for local streets without curb and gutter shall be 60 feet in order to enable retrofit of sewer,water, and sidewalk in the future as necessary; otherwise, the right-of-way for local streets with curb and,gutter and storm sewer shall be 50 feet. The right-of-way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and zoning Commission. 1.3 The maximum street grade for local streets shall be 128. 1.4 The pavement cross section for all pavements will be a 28 parabolic crown. This cross slope is equivalent to 1/4 inch per foot. 1.5 The pavement slab shall be constructed of 6" rolled stone base and chipseal surface 22' wide. f 1.6 Minimum corner radius shall be 20 feet. i 1.7 The minimum ditch grade shall be 1.08. In addition, it will be necessary to place a 12 inch diameter (minimum) culvert, either reinforced concrete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact size of pipe required will be a function of the area to be drained. 1.8 Drive approaches shall be hard surfaced within the right-of-way. 2.0 Water Distribution Svstem i f2.1 Well(s) shall conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufac- tured in accordance with ANSI A21.50) or poly vinyl chloride pipe h (PVC -ASTM D1784, Type 1, Grade 1, 200 psi design stress and SDR of 17 or less). r 337 JORMROFILMED BY. MICR+LAE3 I CEDAR RAPIDS • DES MOINES 1 lI �1, Page 9 2,2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval there shall be a letter of transmittal from the appropriate Fire Protection District approving spacing, location, number of fire hydrants, size of mains, pressure, etc. 2,3 Connection to the City of Iowa City Distribution System is subject to Council consideration based on availability. Generally, annexation is a criteria which must be met. 3.0 Sanitary Sewer table: 3.1 The following methods of sanitation will be accep A �hetJe Tanks. Septic tanks shall conform to the requirements of hnson County Department of Health. B. _ Considering the possibility of the collection is the (sewer pipes) connecting to the City sewer sometime future, said collection system shall conform to Section VI (Sanitary Sewers)' of the Design Stoonsdshallfor confolic rm toWorksIowa the Improvements in Iowa Ciof environmental Quality (DEQ)• requirements of the Department hall confrm to C. (mains 9anr 6ewsrs) lsewer of the Design s Standardso or Public on VI Works Improvements in Iowa City, Iowa• 1 } q.0 Storm Sewers i, n Management Ordiance shall apply to new developments r i 4.1 The Storm Water located outside the City limits of Iowa City but within the two mile i extraterritorial limit except Old Man's Creek watershed. I q,2 All storm ion TEL (Stone Sewers) Sewers shall conform to revised Sectements in Iowa City, of the Design standards for Public Works Improv Iowa. or corrugated metal pipe (minimum gauge 18 and i 4.3 Culverts shall be a minimum of 12 inches in diameter; either rein— forced concrete P1P? 2-2/3"X1/2", and 3"XL") shall be used. Culverts corrugations 2'X1/2 , shall conform to the Standard Specifications for Hiahwav, and Hri e Construction, Series of 1977. Minimum cover over the top or culvert shall be six inches. g_D underground Utilities 4 5.1 Whenever a is subdivision shall be laid out such that a new street It �I required, telephone and electric utilities shall be underground.It use an P—x is not intended that small subdivisions �1CS nceuoverhead utilities county road would follow this requirement are probably directly adjacent to the property. s �.. .. _ ._ MICROFILME6 By l JORM MICROLAO t- CEDAR RAPIDS • DEC MOINES s I -a URBAN FRINGE AREAS**JOHNSON COUNTY/IOWA CITY > > MICROFILMED BY. t JORM MICR+LAB 1 �i I CEDAR WPM • DES MOINES M� ll::ines- ement of a7 q; ) City of Iowa Litt, MEMORANDUM Date: December 14, 1983 To: City Council �/1/(, From: Karin Franklin, Planner 4 , Douglas W. Boothroy, Senior Planner Re: 28E Fringe Area Policy Agreement The attached agreement has been revised as indicated. These revisions reflect input from the Planning & Zoning Commission, the Fringe Committee and discussion the Council had with the Board on December 5th. The following issues remain to be clarified or resolved: 1. A waiver by the City of subdivision review in select areas. At the County public hearing on December 8, 1983, it was suggested that certain areas of the fringe be excluded from subdivision review and approval by the City, since those areas were so far from the corporate limits of Iowa City and the City's area of interest. The City's legal staff has evaluated this proposal in the context of Chapter 409 and Chapter 28E of the Iowa Code. They have found that Chapter 409, Plats, mandates the review of any subdivision plat within two miles of the corporate limits of Iowa City by the Planning & Zoning Commission and by the City Council and also mandates the approval of that plat by the City Council before the plat can be legally recorded. Chapter 28E, Joint Exercise of Governmental Powers, prohibits a waiver of the responsibilities imposed in Chapter 409 except if a 'oint body is created by an agreement to carry out those responsibilities. If the Council were to be supportive of the proposal, a joint body would need to be created to fulfill the intent and purpose of Chapter 409. 2. Designation of a subarea within Area 7, in which Ci At the December 5, 1983, meeting between the Council and the Board of Supervisors, concerns were raised regarding the extent of lands zoned RS in Area 7 and the potential for development in this area of the county where annexation by the City was not anticipated. Members of the Council suggested rezoning portions of Area 7 from RS to AG; Board members were not willing to do this. As a compromise, it was suggested that a line be drawn, based on the watershed line, which would define a subarea where full City development standards would be imposed. t1ILROFIENE0.8Y.. _..� JORM MIC RS�6 AB ` I CEDAR AAP105 •DEC MOINES � 1 3,347 ■ 2 The staff has the following comments regarding the suggestion: a) The rationale for the imposition of full City standards in the rest of the agreement is based on the annexation intentions of the City. Full City standards are imposed only in those areas (5 and 6) where annexation is antici- pated within approximately ten years. That portion of Area 7 under consideration is west of the new freeway 218 and has not been considered for annexation in the Canpre- hensive Plan. This inconsistency in rationale in the application of standards presents legal questions of the defensibility of the agreement. If urban development standards are desired by the Council, the Comprehensive Plan should be amended to provide for annexation of this area in order to achieve legal consistency within the agreement. The staff would not recommend this amendment at this time, since the ramifications of such a change in annexation policy have not been fully explored. b) The imposition of full City development standards in the subarea will make development there very expensive. In terms of topography and zoning, the subarea is not distinct from the rest of Area 7. Given the RS zoning, any expectation for development should be equal in either portion of Area 7. If higher standards are imposed in the subarea, development options may be more attractive in the remainder of the area where the zoning permits it and standards are less stringent. The net effect, therefore, of imposing urban standards in the subarea could be to push residential development farther out from the corpo- rate limits. c) The legislative tool for land use control given to local governments is zoning. if the Council and the Board can agree that residential development should be limited in Area 7, the zoning of appropriate portions of Area 7 should be reevaluated. Staff Recommendation: The staff recommends that the subdivision review by the City not be waived and that the implementation measures for Area 7 be revised to include a reevaluation of the appropriate zoning in Area 7 by the County. bdw3/1 cc: Neal Berlin Bob Jansen Jud Te Paske Board of Supervisors I r -1 �; •7111C�ROFCD.OY .. _..._...CR+LAO nEf MOINES 1 3347 H 1 1 Iib CITY CIVIC CENTER OF 410 E. WASHINGTON ST OWI-\ C ITY IOWA CITY, IOWA 52240 (319) 356-5000 Mary Jane Odell Secretary of State Iowa State Capitol Building Des Dtoines, IA 50319 Dear Ms. Odell: The City of Ioiaa.City and Johnson County, Iowa have entered into a 28E Agreement Establishing policies for Development of Land within the Two -Mile Extraterritorial Area of Iowa City. Attached is the originally executed Resolution authorizing the Agreement, with the originally executed Agreement. These documents have been recorded with the Johnson County Recorder. Yours very truly, DIarian 'K. Karr, CMC City Clerk ..MICROFILMED DY..... .. ._ JORM: MICR+LA13 CEDAR RAPIDS DES MOINES 0 FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND IOWA CITY, IOWA This agreement is entered into pursuant to Chapter 28E of the Code of Iowa by and between Johnson County, Iowa, a municipal corporation, and the City of Iowa City, Iowa, a municipal corporation; to -wit: ,, WHEREAS, the Development Policy for Rural Johnson CoujatyV adopted January, 1979 calls for�,the preparation and adoption of evelopment plans and agreements between, the County and the City regardi g the Municipality and its Environs; and WHEREAS, the Iowa City\Comprehensive PlanUpda adopted in February, 1983 outlines the extent of urban development ex ted within the next 20 years and projects limited annexation of extrater toria1 areas; and WHEREAS, it is in the inte to establish policies for two-mile extraterritorial WHEREAS, Johnson County and the policies are necessary in or< provide services for future gro of Johnson County and the City of Iowa City orderly rowth and development within the diction,6f the City; and Iowa City mutually agree that such more effectively and economically development. NOW, THEREFORE, the parties he to do agree for themselves and their respective successors as folio SECTION I. AREA DEVELOP7re The parties accept and and Implementation Measures r review for the various desi na Statement of Intent In order to facilitate a purposes of Chapte 93A of the Code of Iowa and to further the policy f this state to provi a for the orderly use and development of land and related natural resourc s in Iowa for residential, commercial, industria , and recreational pu poses, preserve private property rights, pro ect natural and histor> resources and fragile ecosystems of this s ate including forests, tlands, rivers, streams, lakes and their shorelines, aquifers, prairies, nd recreational areas to promote the efficientiuse and conservation of energy resources, to promote the creation and maintenance of wildlife habitat, to consider the protec- tion of soil from wind and water erosion and preserve the availability and use of agricultural land for agricultural production, through processes that emphasize the participation of citizens and local governments; and, LICIES & IMPLEMENTATION MEASURES to the fo owing Area Development Policies egarding an xation, zoning, and subdivision ted areas ou lined on the attached map. 33(07 In the interest of providing for orderly and efficient development patterns in those areas of Johnson County within the two-mile extraterritorial jurisdiction of Iowa City and in order to provide services for such development at the least cost to all of the people of Johnson County, the City of Iowa City and Johnson County agree, as provided in Chapter 28E of the Code of Iowa, to the following Development 4 } i +. _. .. MICROFILFIED,DY. �. ..I JORM MICR+LAB I CEDAR RAPIDS • DES MOINES Page 2 Policies and Implementation Measures regarding annexation, zoning and subdivision review for various designated areas outlined on the attached map. The 28E agreement between Johnson County and the City of Iowa City will pertain to the entire two-mile extraterritorial jurisdictional area of Iowa City. AREA 1 Policy Agricultural a is the preferred use in Area Residential uses for farm fami purposes will be considered epending on soil and site condition . The policy regarding this area should be reevaluated at ch time as the potent' 1 office research park development antics ted in the northwes quadrant of Iowa City is realized. Implementation: 1. All zoning requests will reviewed or conformance with the policies established for Area 1. 2. County and City Rural Desig st dards will be applied to regulate development within existing r ential zoning. (City Urban Design stgadards will not apply). i 3. No annexation of this area 's an icipated in the three year review period provided for in Secti III. j AREA 2 Policy This area should deve p as low to med ensity residential use; large scale commerci 1 development is 'nappropriate due to the proximity of existin residential uses, th I-80 and Dubuque Street interchange, and th curvature of Dubuque St eet. Limited commercial uses may be conside ed when integrated as par of a proposed residen- tial development. Implementation: ? 1. The County will adopt Planned Development P rformance Standards (PDPS). 2. Limited commercial uses may be considered as part f planned residen- tial development proposals and will conform to the PS. 3. County and City Rural Design standards will be applied to regulate 3 development within existing residential zoning. i 4. No annexation of this area is anticipated in the three year review period. 4 7 � { . MICROFILMEO.BY �JORM MICR+LAS { -CEDAR RAPIDS • DEE MOINES l 3347 Page 3 AREA 3 Policy Residential development in the County will be encouraged in Area 3 and will be governed by the provisions of the Corridor Development Plan adopted November, 1982. implementati n: 1. Developme t shall conform with the Corridor bevel ent Plan and comply wi County and City Rural Design standards. 2, No annexation of this area is anticipated in three year review period. AREA 4 Policy Residential develo nt in this area ould be discouraged, and encouraged to take p ce in Area 3 an other parts of the county zoned for residential d velopment. Agr cultural use is the preferred use in Area 4. Residen ial uses fo farm family purposes will be considered depending on so'1 and sit conditions. implementation: 1. All zoning requests will be re 'ew for conformance with the policies established for Area 4. 2, Development of existing zonin 'thin Area 4 will be required to comply with County and City Ru al ign standards. 3. No annexation of this area is antic ted in the three year review period. i AREA 5 Policy Agricultural uses ar encouraged to continu on land which is considered "prime" agricultural land. Re idential uses for farm family purposes 11 be considered depen 'ng on soil and site conditions. Non-farm development should be confined to existing zoning within one mile of the eastern corpor to limit of Iowa City and should develop in a manner consistent ith the anticipated limited annexation of this area. Additional la for industrial use has been identified in the triangular area ea t of the corporate limits and bounded by the railroad tracks on the rth and local road on the south. implementation: 1. All rezoning requests will be reviewed for conformance with the policies established for Area 5. 2. Residential development will be discouraged will area identified for industrial use and screening provisions County's industrial performance standards. MICROFILMED BY .._-.�. JORM MICR+LA9 y ? -CEDAR RAPIDS • DES MOINES I i 1. 1 i Page 4 3. City Urban Design standards will be imposed for any development within one mile of Iowa City's eastern limits. 4. County ah City Rural Design standards will be app led to regulate any reside tial development beyond one mile of Iowa City's eastern limits, 5. Annexation r ests within one mile of Iowa City's corporate limits will be consi eyed at such time as City services can be provided. AREA 6 Policy Agricultural use is preferrRe/denal uses for farm family purposes will be onsidered il and site conditions. Development of exi ing resishould be limited by the capacity to provide unicipal Implementation: 1. Requests to rezone lan wilor conformance with the policies established for Area 2. City Urban Desi n s will be imposed for any development within one mile of Iowa Ci 's eastern limits. 3. County and City Rural D sig standards will be applied to regulate any residential develo ent and one mile of _Towa City's corporate limits. 4. Annexation requests ithin one •le of Iowa City's corporate limits will be considered t such time a City services can be provided. AREA 7 Policy Continued agri ultural use is the pre rred use in Area 7. Limited residential d elopment will be conside only where County services can be provided most effectively. implementation: 1. All zoning requests will be reviewed r conformance with the policies established for Area 7. 2. Limited residential development which does occur will be required to comply with County and City Rural Design standards. 3. No annexation of this area is anticipated in the three year review period. I_.. ._. . MICROFILMED, BY. __......� 1 DORM MICR+LAB i MAI 1PRIBS , DES MOINES 3367 Page 5 AREA 8 ro ected in tho e portions of Policy residential development is p j Those areas Iow density 1 services. Area 9 which can be served with municipal ricultur use• which are not serviceable should remain in ag Lnplementatio elo nt ID zoning of most of 1 1• Inter___ m _ _ e as City services are available. until such rtinns which cannot be served by C 2• Those po considered ford ' 3• Hunters Run subject to review SEC I II• will be retained subdivision in ] The parties accept and agree to the Zoning regulation as a rule is the regulation in theesserarecic�esrund also primarily however, affect both jurisdictions need for coordination and joint adm. the County agree to the following use regulations. A. Zoning Regulation: lation for 1. 9 is anticipated services will be the corporate limits /S%rerogative administrative polices: while subdivision city's authority. Annexation is ties. Each of these acti itiesg ive produced a clear the City and �tion. To that end, A\res for administration of land 1, zoning re9u er the up Johnson cJoo under the authority g a Jo Code o I the provisions of Chap 2, Implementation of me sures outlined in t for rezoning of spec fic areas or the adc undertake within the 3 year territory will remain Zoning ordinance and a. agreement which call i n of new regulations' e ew period of this Will be Agreement. specified in 3 Each request for zoning of property forwarded to within easreview for Zoning this Agreement w 11 be the public hearing beforeit County h policies his comment prior Commission. AnY zoning change will the requ conform ested wi cha 9 e 1cated. identified for the Area in which B. Subdivision Regulation: urisdic- 1. Subdivision of land within conformltoeeitherxtraterrthe ial Rura Design tion will be require Standards of the City and of the County or City urban Design lementation Standards in accordance with the Area licies and Imp Po Measures specified in this Agreement. S �... '. .. ....-141CROEIWED BY _._. i JORM MICFV+LAB t { CEDAR RAPIDS • DES 1401NE5 1 C . Page 6 2, Persons wishing to subdivide land within the Areas specified in this Agreement shall be required to file, tit the same time with both the City and the County, a subdiv Sion application, the rocessing of which shall be coordinat to ensure concurrent r iew by both the City Planning and ning Commission and the Cou Zoning Commission. 3. Subdivi 'ons of land into less than ree lots will continue to be regula by the County. C. Annexation: 1. Iowa City will r Statements and ment. 2. Requests for anne: specified in this receipt of the al prior to considl Commission. SECFION III. territoryly in accordance with the Policy nantation easures specified in this Agree - or verance of property within the Areas ien will be forwarded to the County, upon by the City, for review and comment v the Iowa City Planning & Zoning The Chairperson of the John Count d of s rvisors 5IjalL a review of the 'Area Develo ent Policies nd implementation Measures and the Administrative Policie every three (3) ears during the term of this agreement b contacti the Ma or of Io Cit and both in—a=- a cor this Agreement shall con ider modifications o this agreement, _ =- d nnt- wia_thLjmLjaw, a appropriate. SECTION IV, This agreement shall come effective upon acceptant and execution of the parties, and shall in effect until (21 years). This agreement may be m ified and extended by the writt mutual consent of the parties. SECTION V. This agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa. _..�.. .. ......__.MICROFILMED BY...._:__.._ _ JORM MICR+LAB •CEDAR RAPIDS • DES MOINES 3367 ■ Page 7 Dated this day of 3 0BNS0 COUNPY BY• Chain , F ATTEST: Dated this _ day of CITY OF IOWA CITY BY: ATPEST: , , 1983. , 1983. JORM MIC R+LA 9 -CEDAR RAPIDS • DES MOINES l I 1�. l 4 336%. v . �L i i CI I , , 1983. , 1983. JORM MIC R+LA 9 -CEDAR RAPIDS • DES MOINES l I 1�. l 4 336%. I Page 8 APPENDIX - Definition of Standards City Urban Design Standards Those standards imposed on any subdivision within the corporate limits of Iowa City and enumerated in Section 32-54 to 32-60 of the Municipal Code of Iowa City. Cit Rural De i n Standards 1.0 Streets 1.1 Streets shal be designed for a minim of 22 foot wide surface. Curb and gutter wi not be required. 1.2 The right-of-wa for local streets ithout curb and gutter shall be 60 feet in order o enable retrofi of sewer,water, and sidewalk in the future as n essary; other ise, the right-of-way for local streets with curb a gutter and storm sewer shall be 50 feet. The right-of-way for arte ial, ind rial, and collector streets for the developed area shall determ'ned in conjunction with the Planning and Zoning Commission. 1.3 The maximum street grade f ocal streets shall be 128. 1.4 The pavement cross section f all pavements will be a 28 parabolic crown. This cross slope i valent to 1/4 inch per foot. 1.5 The pavement slab shall const ucted of 6" rolled stone base and chip -veal surface 22' wid . 1.6 Minimum corner radius s all be 20 fee 1.7 The minimum ditch gr de shall be LO%. In addition, it will b e necessary to place a 12 inch diameter inimum) culvert, either reinforced concrete p pe or corrugated meta pipe, through all drive approaches construct over a drainage ditch. The exact size of pipe required will be a function of the area to be ained. 1.8 Drive approaches shall be hard surfaced within t right-of-way. 2.1 Well(s) shall co0orm to the requirements of the\ Johnson County Health Department and the the system, if in2s ailed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufac- tured in accordance with ANSI A21.50) or poly vinyl chloride pipe (PVC -ASTM D1784, Type 1, Grade 1, 200 psi design stress and SDR of 17 or less). �.-. .. MICROERMEO..DY ...__I JORM MICR+LAB CEDAR RANDS • DEE MOINES 1 I i 14� " M Page 9 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval there shall be a letter of transmittal from the appropriate Firerotection District approving spacing location, number of fire hydra -s, size of mains, pressure, etc. 2.3 Connection to the City of Iowa City Dist ibution System is subject to Council consideration based on availability. Generally, annexation is a criteria which must be met. 3.1 The followin methods of sanitati;of will be acceptable: A. Septic Tan Septic tanks l conform to the requirements of the Johnson ounty Department Health. B. Lagoons: Con idecing the ssibility of the collection system (sewer pipes) onnecting o the City sewer sametime in the future, said c lection system shall conform to Section VI (Sanitary Sewers of t Design Standards for Public Works Improvements in Io Ci , Iowa. Lagoons shall conform to the requirements of the tment of Environmental Quality (DEQ). C. Sewer Mains: All coat mains shall conform to Section VI (Sanitary Sewers) of he Design Standards for Public Works Improvements in Iowa it Iowa. 4.0 Storm Sewers 4.1 Rile Storm Water Manag ent Ordin ce shall apply to new developments located outside the C' y limits o Iowa City but within the two mile extraterritorial limi except old is Creek watershed. 4.2 All storm sewers sh 1 conform to re 'sed Section VII (Storm Sewers) of the Design Stand rds for Public Wo ks Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inche forced concrete pipe or corrugated metal corrugations 2'X1/", 2-2/3"X1/2", and 3"', shall conform to ge Standard Soecificat Construction. Series of 1977. Minimum cc in diameter; either rein- ipe (minimum gauge 18 and shall be used. Culverts s for Hi hwa and Brid e over the top of culvert 5.1 Whenever a subdivision shall be laid out such that a new street is ( required, telephone and electric utilities shall be underground. It is not intended that small subdivisions which would use an existing county road would follow this requirement since overhead utilities r are probably directly adjacent to the property. 33�% _.MICRDEILMEo.ar.—. t JORM MICR+LAB 1 CEDAR A61DS • DES MOINES 11�r jjII ! URBAN FRINGE AREAS**JOHNSON COUNTY/IOWA CITY � MiCROFILMED BY IM MICR+LA'3 l I P.PPIDS • DEE MOINES MARY JANE ODELL SECRETA RY OI STATE EDP,o 41 o�~PV 9ptate of 3lotoa 6erretarp of 6tate >7e5 :Rlolnro December 28, 1983 Marian K. Karr City Clerk 410 E. Washington St. Iowa City, Iowa 52240 STATE CANTOL BUILDING DCS MONCSAA W319 915391-0864 Re: 28E Agreement for Taxi Service between Iowa City and Johnson County Agreement between Johnson County and Iowa City for development of Land within the two-mile extraterritorial Area of Iowa City Dear Ms. Karr: We have received the above described agreements, which you submitted.to this office for filing, pursuant to the provisions of Chapter 28E, 1983 Code of Iowa. You may consider the same filed as of December 27, 1983. MJO/d Cordially, rntOD Owl MARY JL Secretary of State JORM MICR+LA9 J -CEDAR RAPIDS 4 DES MOIRES 1 3367 i i I i ti i EDP,o 41 o�~PV 9ptate of 3lotoa 6erretarp of 6tate >7e5 :Rlolnro December 28, 1983 Marian K. Karr City Clerk 410 E. Washington St. Iowa City, Iowa 52240 STATE CANTOL BUILDING DCS MONCSAA W319 915391-0864 Re: 28E Agreement for Taxi Service between Iowa City and Johnson County Agreement between Johnson County and Iowa City for development of Land within the two-mile extraterritorial Area of Iowa City Dear Ms. Karr: We have received the above described agreements, which you submitted.to this office for filing, pursuant to the provisions of Chapter 28E, 1983 Code of Iowa. You may consider the same filed as of December 27, 1983. MJO/d Cordially, rntOD Owl MARY JL Secretary of State JORM MICR+LA9 J -CEDAR RAPIDS 4 DES MOIRES 1 3367 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BOND (MILLARD WAREHOUSE PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa, in the Council Chambers at the City Hall in said City at 7:30 o'clock p.m., on December 20, 1983, on the proposal to issue $700,000 aggregate principal amount of the City's Industrial Development Revenue Bond (Millard Warehouse Project), Series B, pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying the costs of con- structing additions to and equipping a building which will be suitable for use of any industry or commercial enterprise engaged in processing, storing, warehous- ing, or distributing products of agricul- ture (the "Project") and necessary expenses incidental thereto. The Project will be located at 2710 Highway 6 East, Iowa City, Iowa. The Project will consist of approximately 35,840 square feet of facilities located on the first and second floors of the building at said location and will be used for refrigerated ware- housing. The proceeds from the sale of such bonds will be loaned to Larry A. Larsen d/b/a/ Millard Warehouse, pursuant to a Loan Agreement and First Amendment thereto, which will provide loan payments sufficient to pay the principal of and interest and premium, if any, on such Bond as the same fall due. The initial principal operator of the Project will be Millard Warehouse, Iowa City, a Nebraska general partnership. The Bond shall never constitute an indebtedness of said City within the meaning of an., state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bond, aiu.-at said hearing, or any adjournment thereof, the _.. .. 141 CRDF.I LVED. BY.._.___..i -, l JORM MICR+LAD t r -CEDAR RAPIDS • DEC MOINES 14 .35474- W, i i i F Council of said City .call adopt a resolution determining whether or not to proceed with the issuance of said Bond. Marian K. -Kerr', - City Clerk _..__...MICR OF.IWE0 BY.._.--,-._J�.. _ JORM. 'MICR LAS 1 i •CEDAR. R4105 • DES MOINES r i Ir Iowa City, Iowa The City Council of Iowa City, Iowa, met in regular session on the 20th day of December , 1983, at 7:30 p.m. at the City Hall inT City. The meeting was called to order by Mary Neuhauser , Mayor, and the following named Council Members were present: Balmer. Dickson. R_rdahl. 10mch- McDonald Nprnhnncpr Perret Absent: None The Council investigated and found that notice of inten- tion to issue $700,000 Industrial Development Revenue Bonds, Series B (Millard Warehouse Project) had, as directed by the Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: No one anneared IIi I i After all local residents who appeared at the hearing t who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Balmer introduced and caused to be read a Resolution entitled: i "Resolution to proceed with the issuance and sale of i $700,000 Industrial Development Revenue Bonds, Series B (Millard Warehouse Project) and moved its adoption, seconded by Council Member Dickson f After due consideration of said Resolution by the Counci�e Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: E AYES: Lvnch, Balmer, Dickson, Brdahl, McDonald, Neuhauser, Perret i i NAYS: None i Whereupon, the Mayor declared said Resolution duly i adopted and signed his approval thereto. i i Upon motion and vote the meeting adjourned. (SEAL) \. 'VlR1�lAPllL�3/✓ Mayor ATTEST: �ity er pCerk 1�% 3 369 MICROF.ILI1ED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES 1 2 � 1 W I RESOLUTION NO. X05 RESOLUTION TO PROCEED WITH THE ISSUANCE AND SALE OF $700,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES B (MILLARD WAREHOUSE PROJECT). WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation organized and existing under the laws and constitution of the State of Iowa, and is authorized and empowered by Chapter 919 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue bonds for the purpose of acquiring, constructing, improving or equipping facilities which are suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing or distributing products of agriculture which will be located within the corporate boundaries of the City (hereinafter referred to as the "Enlarged Project"), and to lease the Enlarged Project to Larry A. Larsen, d/b/a Millard Warehouse (hereinafter referred to as the "Company"); and WHEREAS, the City is authorized by the Act to issue Industrial Development Revenue Bonds secured by a mortgage on all or any part of the Enlarged Project acquired, constructed, improved, or equipped, through the issuance of such revenue bonds and payable solely out of the revenues derived from the leasing of the Project; and WHEREAS, the City has been requested by the Company to authorize and issue its Industrial Development Revenue Bonds pur- suant to the provisions of the Act for the purpose of defraying the cost of the acquisition, construction, improving and equipping of the Enlarged Project; and WHEREAS, the City has determined that there is a public need in the City and its surrounding environs for the Enlarged Project; and WHEREAS, the Company has determined that the amount necessary to defray the'cost of acquiring, constructing, improving .:...... _.MICROFILIIED.BY _ DORM MICR#LAB E •CEDAR RhMS • DE= MOINES 2 1 44 ■ !� r and equipping the Enlarged Project, including necessary expenses incidental thereto, will require the issuance by the City of $700,000 aggregate principal amount of its Industrial Development Revenue Bonds pursuant to the provision of the Act; and WHEREAS, the Bonds, whether one or more, if issued, shall be limited obligations of the City, and shall not constitute nor give rise to pecuniary liability of the City or a charge against its general credit or taxing powers, and the principal of and interest on the Bonds shall be payable solely out of the revenues derived from the Enlarged Project to be financed by the Bonds; and i WHEREAS, notice of intention to issue $700,000 Industrial Development Revenue Bonds, Series B (Millard Warehouse Project) has, as directed by the Council o£ the City, been duly given in 1 � compliance with the Act; and WHEREAS, a public hearing has been held on the proposal i to issue such Bonds at the time and place as specified in said i notice and all objections or other comments relating to the issuance of such Bonds have been heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, AS FOLLOWS: Section 1. That it is hereby determined that it is necessary and advisable that the City proceed with the issuance of Industrial Development Revenue Bonds, Series B (Millard Warehouse Project) of the City in the amount of $700,000, as authorized and permitted by the Act to finance the cost of the Enlarged Project to that amount upon terms and conditions mutually acceptable to the City and the Company. Section 2. That it is hereby determined (i) that a general functional description of the type ype and use of the Enlarged I _ Project has been accurately described in said notice of hearing and is hereby approved; (ii) that the maximum aggregate face amount ' of the Bonds has been accurately described in said notice of hearing and is hereby approved; (iii) that the initial owner, operator or r manager of the Enlarged Project has been accurately described in said notice of hearing and is hereby approved; and (iv) that the _2_ 3�9 MICR �.__ .... OFILI1EO.BY_.____...' ._ JORM MICR¢LAB CEDAR RAPIDS • DE"o MOINES i prospective location of the Enlarged Project has been accurately described in said notice of hearing and is hereby approved. Section 3. That the Mayor, the Clerk and the attorneys for the City are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Enlarged Project and the issuance and the sale of the Bonds. Section 4. That the attorneys for the City shall approve all agreements to be entered into in connection with the issuance of the Bonds prior to due consideration by the City Council and execution by the Mayor and Clerk and such agreements shall be authorized and approved by this City Council after approval by the attorneys for the City and after due consideration prior to their execution by the City. Section 5. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such con- flict. Section 6. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 20th day of December , 1983. ATTEST: J/ ,LU C. _UPIJP11L 04 City Clerk Mayor (S E A L) I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified, and acting Clerk of the aforementioned City and that as such I have in my possession or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corpor- ate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to proceed with the issuance and sale of $700,000 Industrial Development Revenue Bonds, Series B (Millard Warehouse Project). WITNESS my hand and the corporate seal of said City hereto affixed this 20thday of December , 1983. (S E A L) l)1ni �f �CQnt, Cit C er MICROFILMED BY JORM MICR+LAB f CEDAR RAPIDS • DES MOINES 42 Iowa City, Iowa The City Council of Iowa City, Iowa, met in regular session on the 20th day of December, 1983, at 7:30 o'clock D.m., at the City Hall in the City. The meeting was called to order by Mary Neuhauser , Mayor, and to roll call, the following named council Members were present: Balmer Dickson Erdahl Lynch McDonald Neuhauser, Perret Absent; None The Council investigated and found that notice of intention to issue not to exceed $700,000 Industrial Development Revenue Bond (Millard Warehuse Project), Series B, had, as directed by the Council, been duly given according to law and a hearing held thereon and the Council determined to proceed with the issuance of such Bonds. Council Member Lvnch introduced and caused to be read a Resolution entitled: "Resolution authorizing the issuance and sale of $700,000 Industrial Development Revenue Bond (Millard Warehouse Project), Series B, the execution and delivery of a First Supplement to Indenture of Trust to secure said Bond, and the execution and delivery of a First Amendment to Loan Agreement with Larry A. Larsen, d/b/a Millard Warehouse." and moved its adoption, which motion was seconded by Council Member Balmer After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: McDonald Balmer Dickson Erdahl. Lynch. Neuhauser, Perret Nayes: None Absent: one Whereupon, the Mayor declared the said Resolution duly adopted and signed his approval thereto. Upon motion and vote, the meeting adjourned. ATTEST: City clerk ( SEAL) Wan J.G1.VA.1_YA MICROFILMED BY JORM MICR+LAB `I -CEDAR RAPIDS • DE: MOINES 3376 'N --N 4 RESOLUTION NO. 83-406 "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $700,000 INDUSTRIAL DEVELOPMENT REVENUE BOND (MILLARD WAREHOUSE PROJECT), SERIES B, THE EXECUTION AND DELIVERY OF A FIRST SUPPLE- MENT INDENTURE OF TRUST TO SECURE SAID BOND, AND THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LOAN AGREEMENT WITH LARRY A. LARSEN, D/B/A MILLARD WAREHOUSE." WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation organized and existing under the laws and constitution of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue revenue bonds and loan the proceeds from the sale of said bonds to one or more parties for the purpose of acquiring, constructing, improving, or equipping facilities which shall be suitable for the use of any industry or commercial enterprise engaged in processing, storing, warehousing, or distributing products of agriculture which will be located within the corporate boundaries of the City. WHEREAS, the Issuer is authorized by the Act to issue Industrial Development Revenue Bonds secured by a mortgage and security agreement on all or any part of the project acquired, constructed, improved, or equipped, through the issuance of such revenue bonds and payable solely out of the revenues derived from the agreement pursuant to which the proceeds from the sale of said Industrial Development Revenue Bonds are loaned to the owner of the Project; and WHEREAS, the Issuer has previously issued a $1,400,000 Industrial Development Revenue Bond (Millard Warehouse Project) Series A, dated September 15, 1983, under an Indenture of Trust, __O_ ..IIICROFILMEa BY- ..._:.._.1Il JRM MICR+LAB S EEOAR 11 1111 1 DES MOINES 3370 -.4 s k I dated September 15, 1983, and has loaned the proceeds from the sale of said Series A Bond to Larry A. Larson, d/b/a Millard Warehouse (the "Company"), under a Loan Agreement, dated as of September 15, 1983. WHEREAS, the City has made the necessary arrangements with the Company for completing the "Project," the subject of and as defined in the Indenture of Trust dated September 15, 1983, suitable for use by the Company as a commercial enterprise, the "Enlarged Project." WHEREAS, notice of intention to issue Industrial Development Revenue Bond (Millard Warehouse Project) Series B, of the City ("Series B Bond"), has heretofore been duly given and the City has conducted a public hearing on the proposal to issue the Bond, all in the manner required by the Act, and the City deems it necessary and advisable to proceed with the issuance, sale, and delivery of Bond in the amount of $700,000 as authorized and permitted by the Act to finance the cost of the Enlarged Project to that amount; and WHEREAS, the City will loan the proceeds of the Bonds to the Company pursuant to the provisions of a Loan Agreement dated as of September 15, 1983, and First Amendment thereto to be dated as of December 1, 1983, between the City and the Company (the "Loan Agreement"), which provides, in part for an obligation of the Company which will be sufficient to pay the principal of and interest and prepayment premium, if any, on the Series A Bond and Series B Bond as and when the same shall be due; and 2 .�!.. _ .111CROFIL14ED BY - -' � I JORM MICR+LAB { CEDAR R41D5 DE' 1401NE5 2 WHEREAS, the City will sell the Series B Bond to the Original Purchaser as named and identified in the Indenture and First Supplement thereto (the "Purchaser") at a price of par and accrued interest, and the City will execute and deliver a First Supplement dated as of December 1, 1983 to the Indenture of Trust dated September 15, 1983 (the "Indenture") to Norwest Capital Management & Trust Co., Nebraska, Omaha, Nebraska (the "Trustee"), as Trustee for the bondholder. WHEREAS, the Issuer has not judged the merits or value, if any, of the Series B Bond and the Series B Bond, if issued, i shall be a limited obligation of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of and interest on the Series B Bond shall be payable isolely out of the revenues derived from the Enlarged Project - financed by the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, AS FOLLOWS: Section 1. It is hereby found and determined that the Enlarged Project is located within the boundaries of the City. Section 2. That the Bond in an aggregate principal i iamount of $700,000 to be and the same is hereby authorized and ordered to be issued by the City, and to provide for the authorization of and to secure the Bond under the Act, to finance the Englarged Project and necessary expenses incidental thereto and to prescribe the terms and conditions upon which the Bond is to be secured, executed, authenticated, accepted, and held, the 7 .__....,MICR 0FILME0.BY JORM MICR�LAB -CEDAR RAPIDS • DES MOINES I H e Mayor is hereby authorized and directed to execute and acknowledge the Indenture, and the Clerk is hereby authorized and directed to attest the same and to affix the seal of the City thereto and to cause the Indenture to be delivered to, accepted, and acknowledged by the Trustee, the Indenture which constitutes and is hereby made a part of this authorizing Resolution, to be substantially the form, text and containing the provisions set forth in the official record of the proceedings of this meeting by the Council. It is heretofore approved by the Attorneys of the City and given due consideration and approval by this Council. Section 3. That the City loan to the Company the proceeds of the Bond pursuant to the Loan Agreement. That there be and there is hereby authorized the execution of the said First Amendment to Loan Agreement in the form and with the contents hereinafter set forth, and the Mayor is hereby authorized and directed to execute and acknowledge the said First Amendment to Loan Agreement, and the Clerk is hereby authorized and directed to attest the same and affix the seal of the City thereto, the Loan Agreement, which constitutes and is hereby made a part of this authorizing Resolution, to be in substantially the form, text, and containing the provisions set forth in the official records of the proceedings hereof. It is hereby declared that the official form of the Loan Agreement has been heretofore approved by the Attorneys for the City and given due consideration and approval by this Council. 4 {_-. "'..._ .... MICRDFILIIED. DY__' -. 1 JORM MIOR+LAB 4 y(4 - CEDAR RAPIDS DES MD1RE5 3 I 3,370 I D r Section 4. That the sale of the Bond to the Purchaser upon the terms of par and accrued interest be and the same is hereby directed and approved. Section 5. That the Mayor and the Clerk are hereby authorized and directed to execute any and all documents and do any and all things deemed necessary in order to effect the accomplishment of the Enlarged Project, the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Indenture and to carry out the intent and purpose of this Resolution. Section 6. That the provisions of this Resolution are hereby declared to be separable and if any section, phrase, or Provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases, and provisions. Section 7. That all resolutions and parts therof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 20th day of December, 1983. ATTEST: City Clerc7-- ( (SEAL) j 7 "� _..,_111CROFILMEDBY_1_. 'r JORMMICR+LAB f CEDAR RIEPIDS • DES MOINES t 1 3370 j4{ ' _� �•, I�rrcy ur raver.. MEMORAWD UM Date: November 30, 1983 To: Neal Berlin and City /C'ounciI From: Chuck Schmadeke C. K . Re: Industrial Waste Ordinance and Pretreatment Program The U.S. Environmental Protection A Water, Air, and Waste Management Agency (EPA) and the Iowa De ordinance regulating indirect (IDWAWM) require that the City ado Department of system for certain non-domestic userst0 the Y adopt an requirements,municipal wastewater for other users and provide enforcement thereof Waste Ordinance throughenforcement of general at the ) In addition, the City is required to time of the first reading of the (Industrial authorizing the implementation and fundinghe Pass a resolution Industrial Waste Ordinance Industrial Waste_— a Pretreatment program. nc- This Ordinance is necessary to insure industry do not inhibit wastewater that effluent standards treatment Pollutants discharged from surd established for the Iowa Plant performance sludge quality for b River, and adversely exceed without a permit. Three y 1DWAWl'l for land a Y affect treatment program to loyal industries Pfilication of sludge Procter and Gamble, Sheller -ire requirements to of this ordinance. Pyre previously required wastewater 'and T&B/Ansle They are industries treatment y' However, Iowa City has and therefore, they will not agreements from these ordinance three be adversely affected by this Im lementation The proposed Industrial Wastewater Ordinance will regulate industrial wastewater categorical and City Council resolutions pretreatment standards discharges. The Cit industrial effluent monitorin information submitted b Well review city ill data to determine the need fordresolutionswater loflarcceptarncetries City will notify industries required to Plant wastes and will review applications. The apply f°'' acceptance of their The City will pretreatment standards, Industrial effluent to insure compliance with changes in industrial standards, effluent and resolutions Plant. New industrial loadings on the water and to evaluate implementation of the pretreatment program. Pollution control ll be identified and evaluated following The pollution Control Division P gram. Pretreatment facilities. The estimated Presently monitors program is $10,000.00. annual Industrial waste and pretreatment The estimated cost of the City's Present program is $400.00, additional cost of the Proposed' _.. MICROfILMEO.•BY- ' JORM MICR¢LA9 l C CEDAR WPM • DE: MOINES r L 3377 I '4! , e°N -z- Appeal Hearing appeal rights and judicial review shall be heard by the City Manager. The amounts of any expenses, losses, or damages to the City shall be fixed and determined by the City Council. The City Council is not named as the hearing board, as they are in the Sewer Use Ordinance, because of the District Court decision regarding the Sheller -Globe spill. The City presently charges Procter and Gamble, Sheller -Globe and T&D/ Ansley for the cost of sampling their wastewater. These sampling costs are a majority of the estimated pretreatment program cost. The additional pretreatment program costs to the City can be paid from the water pollution control plant budget. Costs to the City resulting from an illegal discharge of pollutants by an industry may be recovered from the responsible user. ..*��. _ MICROFILMED BY. _. JORM MICR+LAB •CEDAR RP PIDS • DES MOINES I 1 3377 4z' RESOLUTION NO. 83.409 RESOLUTION APPROVING AND PROVIDING FUNDING FOR THE INDUSTRIAL WASTE PRETREATMENT PROGRAM DATED SEPTEMBER 2, 1983. WHEREAS,the City is adopting a new Industrial Waste Pretreatment Program to comply with Federal and State regulations; WHEREAS, the City has previously provided funds for control of industrial waste discharge to the public sewers; WHEREAS, the funds presently budgeted for implementation of the Industrial Waste Discharge Program shall be applied to the new program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: I. That funds presently budgeted for enforcement of industrial waste discharge monitoring shall be used to enforce the new Industrial Waste Pretreatment Program. 2. That it is the intention of the City Council of Iowa City, Iowa that sufficient funding will be provided in future budgets to carry out the new program and the City shall enact an Industrial Waste Ordinance. It was moved by Balmer and seconded by Lynch that the resolution as rea a adopted, and upon ro 1 cal t ere were: AYES: NAYS: ABSENT: A Balmer A Dickson A Erdahl A — Lynch X McDonald A Neuhauser A Perret Passed and approved this 20th day of December, 1983. MAYOR ATTEST: ,�Jo I; �� J' CITY CLERK -- e3 .33 { .NIEROFILMED. BY.. 1 JORM MICR+LAB I -CEDAR RPPI05 • DES I401NES i t R 1� RESOLUTION NO. 83.408 RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE ADVISING INTERESTED PARTIES THAT THE CITY HAS SUBMITTED A REQUEST TO THE I014A DEPART- MENT OF WATER, AIR AND WASTE MANAGEMENT FOR APPROVAL OF ITS INDUSTRIAL 14ASTE PRETREATMENT PROGRAM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the City Clerk is hereby authorized and directed to publish said notice. Z• That theabovementioned program is currently on file in the office of the City Clerk for public inspection. It was moved by that the resoluc4on as read— be ad ted sa�dn�Ponbrolj cah were: there NAYS: ABSENT: Balmer Dickson Erdahl Lynch McDonald Neuhauser Perret Passed and approved this ZOtWay of December 1983 . ATTEST: l CIT CLERK �- _.. r _ _.._.. MICROFIL14ED.OY. JORM MICR+LAB CEDAR RAPIDS • DES 1401NES Rocvivod Dy T APftv6d 3379 RESOLUTION NO. 83-409 RESOLU'T'ION AMENDING RESOLUTION NO. 83-187 ADOPTING A DEVELOPMENT POLICY FOR THE FAST AND NORTHEAST PORTIONS OF IOWA CITY PENDING CONSTRUCTION OF A WATER POLLUTION CONTROL PLANT OR SOME ALTERNA- TIVE WASTEWATER MANAGEMENT FACILITY. WHEREAS, the City Council of the City of Iowa City recognizes that a wet -weather surcharge condition exists in the trunk sewers known as the "horseshoe" trunk; and, WHEREAS, the Council has determined that it may not be in the best interest of the community to exacerbate this surcharge condition; and; WHEREAS, the City has made certain commitments to the aforementioned developments; and, WHEREAS, the City shall conduct an annual review of this development policy. BE IT RESOLVED that the following policy statement and implementation strategy be adopted: Policy Statement Development of those areas in which the sewers empty into the "horseshoe" trunk system may occur to the extent that surcharge conditions within the "horseshoe" system are minimized. Development will be controlled by the implementation strategy stated below. The City will encourage, as a j general policy, the development of areas which will not impact the "horseshoe" system, through capital improvements programming. Implementation Strategy Stage 1: Development may occur on any properties which have received preliminary or final platting approval, and/or which fall within the Business Develop- ment, Incorporated, Plum Grove. Acres, Incorporated, the Highlander and Village Green agreements with the City. a. South of Muscatine Avenue development shall be limited to the existing capacities of the Village Green and Heinz lift stations.' b. Review of this stage shall take place within one year of the adoption policy, and annually 'thereafter, to determine the status of the surcharge condition in the "horseshoe" system and whether implementa- tion of the policy should advance to stage two. Stage 2: a. In the event that Stage 1 is no longer applicable, further develop- ment within the policy area shall take place only with the provision of an alternative waste management system by the City. b. If it is determined that such a system is not feasible, imolementa- tion should advance to stage three. 4 �.. �. _ ... IdILROEILMED BY. _... ' t JORM MICR+LAB S CEDAR RAPIDS • DEE I401NE5 � I 44' 1 ca F Resolution No. 83-4ur Page 2 Stage 3: a. In the event that Stage 2 is no longer applicable, no development shall take place except with the provision of an approve private waste management system. b. : Review of this stage shall take place within one year of implementa— tion, and annually thereafter. It was moved by Balmer and seconded by WDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DICKSON X ERDARL X LYNCH X MCDCNALD X NEUHAUSER X PERR> T Passed and approved this 20th day of DeecAemAber , 1983. ; —1AA MAYOR ATTEST: C/SLIl LRK 2ec) �Y �t min A CITi' CL MICROFILMEDAY. 1 t DORM MICR+LAB CEDAR RAPIDS •DES MOINES 3 380 •A 11 L City of Iowa City MEMORANDUM DATE: December 15, 1983 TO: Dlayor and City Council FROM: Robert IV. Jansen, City Attorney R W -Z--- RE: RE: Sewer Moratorium -- Inclusion of Highlander Agreement as an Exception to the Policy IVith the execution of the Highlander liftstation agreement, it is necessary to include the area served by the agreement as one of those agreements that are excepted from the development policy for the east and northeast portions of the City pending construction of the water pollution control plant or alternative facility. You may recall that the 8DI agreements, Plum Grove Acres agreements and Village Green agreements were specified in the original resolu- tion and it is now necessary to add the Highlander agreement. Although this agreement is now being executed at this time and was not in force at the time of the adoption of the policy resolution, there was, however, in existence the earlier agreement between the City and the Highlander which was designed to serve the Hewlett- Packard project. Although the project never materialized, the City never cancelled the agreement with the Highlander which was executed approximately six months -prior to the adoption of the sewer moratorium resolution. The then existing Highlander -City agreement was not in- cluded by staff in the original resolution since the agreement had not been performed at the time the policy resolution was enacted. Not- withstanding this fact, it seems to me to be appropriate to consider the area as one of the recognized exceptions to the policy since this project has been negotiated for the last five years and it has always been the Cityls intention to reduce it to an agreement. -^l • .. ._. .... MICROFW4E6 By .. ._� 4 JORM MICR+LAE] • CEDAR R410S • DES tf!LLJ 3 3CPA 0 1 1 i { City of Iowa City MEMORANDUM DATE: December 15, 1983 TO: Dlayor and City Council FROM: Robert IV. Jansen, City Attorney R W -Z--- RE: RE: Sewer Moratorium -- Inclusion of Highlander Agreement as an Exception to the Policy IVith the execution of the Highlander liftstation agreement, it is necessary to include the area served by the agreement as one of those agreements that are excepted from the development policy for the east and northeast portions of the City pending construction of the water pollution control plant or alternative facility. You may recall that the 8DI agreements, Plum Grove Acres agreements and Village Green agreements were specified in the original resolu- tion and it is now necessary to add the Highlander agreement. Although this agreement is now being executed at this time and was not in force at the time of the adoption of the policy resolution, there was, however, in existence the earlier agreement between the City and the Highlander which was designed to serve the Hewlett- Packard project. Although the project never materialized, the City never cancelled the agreement with the Highlander which was executed approximately six months -prior to the adoption of the sewer moratorium resolution. The then existing Highlander -City agreement was not in- cluded by staff in the original resolution since the agreement had not been performed at the time the policy resolution was enacted. Not- withstanding this fact, it seems to me to be appropriate to consider the area as one of the recognized exceptions to the policy since this project has been negotiated for the last five years and it has always been the Cityls intention to reduce it to an agreement. -^l • .. ._. .... MICROFW4E6 By .. ._� 4 JORM MICR+LAE] • CEDAR R410S • DES tf!LLJ 3 3CPA 0 1 NOTICE TO PROP,'�_Y 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 estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sanitary sewer improvement, designated as the Highway 1/Interstate 80 Sewage Pumping Facilities Project, of the types and in the location as follows: Description of Improvements - The improvements consist of a sewage pumping station, approximately 3,200 lineal feet of 6 -inch diameter sewage force main, approximately 800 lineal feet of 6 -inch diameter sanitary sewer main including manholes, approximately 2,100 lineal feet of 8 -inch diameter sanitary sewer service including manholes, surface restoration, and related incidental work. General Location of Improvements - The sewage pumping station is located at the northwest corner of the intersection of Highway 1 and Interstate 80 on an easement adjacent to the highway right-of-way. The 6 -inch diameter sewage force main begins at the north- west corner of the intersection of Highway 1 and ACT Circle and extends northerly along the westerly right- of-way of Highway 1 across Interstate 80 to the sewage pumping station along the right-of-way of Highway 1 to a point approximately 800 feet north of the sewage pumping station. The sanitary sewer service lines extend from either the sewage pumping station or the sanitary sewer main to existing private sewers located within the assessment area. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: (1) That part of the Southwest quarter of Section 36, Township 80 North, Range 6 West of the 5th Principle Meridian, Iowa City, Johnson County, Iowa, lying Northerly of the Northerly right-of-way of Interstate 338/ { ..MICROFILMED t JORM MICR+LAB I - CEDAR WPM • DEC MOINES +1 � ,M Highway 80 and r—asterly of the Westerly right -or -way of State Highway 1. (2) Part of the Southwest quarter of the Southeast quarter of of Section 36, Township 80 North, Range 6 West of the 5th Principle Meridian, Iowa City, Johnson County, Iowa, commenc- ing as a point of reference at the Northeast corner of the Southeast quarter of the Southwest quarter of said Section 36; thence North 189.76 feet along the East line of the Southwest quarter of said Section 36 to the point of beginning; thence North 49 degrees, 6150" West, 1186.34 feet to the Easterly right-of-way line of Iowa State Highway 1; thence Southerly along the easterly right-of-way line of Iowa State Highway 1 to the North- erly right-of-way of Interstate Highway 80; thence Easterly along the Northerly right-of-way line of Interstate Highway 80 to the Easterly line of the Southwest quarter of the Southeast quarter of said Section 36; thence North 0 degrees 12' East, 1164.0 feet to a point; thence South 89 degrees, 26' West, 1309.0 feet to the point of beginning. The Council will meet at 7:30 o'clock P.M., on the 20th day of December, 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 improve- ments, or any other person having an interest in the matter may apps and 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 Neces- sity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. MA AN KARR, CITY CLERK MICROFILMED BY l JORM MICR+LAB 1 t-CEDAR RAH DS • DES MOINES f I 339/ 19 MARION R. NEELY JAMES H. MARTINEK NEELY LAW OFFICES ATTORNEYS AT LAW 510 10w STATE BANK BWLOINO IOWA CITY,IOWA SEE40 TELEPHONE 33B-9453 December 20, 1983 City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Attn: Mary Neuhauser, Mayor City Council Members JOLON$OLji BI1 PWA 5 TELEPHONE fi I I?F C 2 01983 MARIAN K. KARR CITY CLERK (3) RE: Proposed Resolution of Necessity on Highway 1 - I80 Sewage Pumping Facilities Project Dear Mayor Neuhauser and Members of the City Council: I am writing for and on behalf of Dean G. Oakes and Evelyn M. Oakes who are the owners of a tract of ground immediately south of Interstate 80, but adjacent to a subdivision known as Oakes First Addition to Iowa City, and is located east of Prairie du Chien Road and north of Old Dubuque Road. In opposition to the proposed project and as grounds therefore, states as follows: 1. That the said Mr. and Mrs. Oakes, at the time they purchased the property in May of 1974, and when they developed Oakes First Addition to Iowa City, were assured by the City Officials that there was adequate sewer capacity, and as a result were required to establish a larger sanitary sewer line than would normally have been required. 2. That in reliance on those representations, the said Mr. and Mrs. Oakes have continued to work on development of the land that they still own. 3. That the establishment of sewage pumping facilities will be beneficial to further commercial development around the Highlander and of course will be beneficial to the Westinghouse.Corp., but will cause the existing sewage treatment facility in this area to be further limited. 4. That approval of this Resolution, will be discriminatory to Mr. and Mrs. Oakes and will be contrary to the intent of the original City Councils. _.. _,....MICROFILMED -BY____._..'_._ JORM MICR+LA9 S • CEDAR WPIOS • DES MOINES 2 I 1 C. City of Iowa City December 20, 1983 Page 2 We would therefore ask that the City Council not vote for this improvement until such time as the Council honors its prior commitments to existing land owners. MRN/bw Res 1. JORM. MICR¢LAB -CEDAR RADIOS • DES MOINES I � y i t 7 II) I i Res 1. JORM. MICR¢LAB -CEDAR RADIOS • DES MOINES I � r^ PART 1 -- HEARING PROCEEDINGS December 20 , 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 2_.M., on the above date. There were present Mayor Mary Neuhauser in the chair, and the following named Council Members: Balmer Dickson Erdahl Lynch McDonald, Neuhauser, Perret Absent: The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities 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 Council meeting that both written and oral objections would be received and considered by the Council at this time. Written and oral objections were then received or heard. Council member Balmer moved that the time for the receiving of objections be closed. Seconded by Council member _Lynch On vote, the motion was adopted. After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council,.pertaining to the proposed improvement as set out in said Resolution of Necessity as originally proposed. i AHLERS. COONEY. DORW FILER. HAYNIE h SM ITH. LAWYERS, DES MOINES. IOWA 3381 .� MICROFILMED OY.... ..T. JORM MICR+LAE3 CEDAR RAPIDS • OU MOIRES �. Council Member Ba m r introduced the following Resolution entitled "RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE HIGHWAY 11INTERSTATE 80 SEWAGE PUMPING FACILITIES PROJECT" and moved that it be adopted. Council Member Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Balmer. Dickson LYnch McDonald, Neuhauser, Perret NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 83-410 RESOLUTION WITH RESPECT TO THE ADOPTION j OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE HIGHWAY 1/INTERSTATE 80 SEWAGE 1 PUMPING FACILITIES PROJECT 1 1 WHEREAS, this Council has proposed a Resolution of Facilities I Necessity for the Highway 1/Interstate 80 Sewage Pumping Project, has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons - I 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; 1 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 g is hereby: r i [[ Adopted, without amendment, and all t X objections filed or made having been duly considered are overruled, t t -2- AHLERS. COONEY. DORWEILER. HAYNIE6 SMITH, LAWYERS, DES MOINES. IOWA 3 38c,2— { 111CROFIU4ED BY JORM MICR+LAB • CEDAR dQ lDS DES MOINES t1 I ll� _...,.MICROFILMED BY........ _) JORM MICR+LAB CEDAR WPIDS • DES MOINES I P ,a - ie. - t / 11.60( CITY'S UP"' (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: December 20, 1983 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. 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: Resolution of necessity for the Highway 1/Interstate 80 Sewage Pumping Facilities Project. - Public hearing on proposed resolution of necessity. - Resolution with respect to adopting resolution of 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 matters. Such additional matters as are set forth on the addi- tional 20 page(s) attached hereto. (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. Cit Clerk, Iowa City, Iowa AHLERS. COONEY. DORW EILER. HAYN IES SMITH, LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB j CEDAR RA P1 D5 DE£ MOINES ( I _ IL r l Council MemberLynch introduced the following Resolution entitled "RESOLUTION DIRECTING 1 PREPARATION OF DETAILED PLANS AND SPECIFICATIONS, FORM OF r CONTRACT AND NOTICE TO BIDDERS ON THE HIGHWAY 1/INTERSTATE 80 SEWAGE PUMPING FACILITIES PROJECT" and moved that it be adopted. Council Member Balmer seconded the motion to adopt. The roll was called and the vote was, AYES: Bch Balmer, Dickson, Erdahl, McDonald, Neuhauser, Perret II NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 83-411 RESOLUTION DIRECTING PREPARATION OF DETAILED j PLANS AND SPECIFICATIONS, FORM OF CONTRACT s AND NOTICE TO BIDDERS ON THE HIGHWAY l/INTERSTATE 80 SEWAGE PUMPING FACILITIES PROJECT ` } BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: j That Shive-Hattery 6 Associates, Engineers, are hereby ?; ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the Highway 1/Interstate 80 Sewage Pumping Facilities Project. ?• BE IT FURTHER RESOLVED that the Attorney is hereby ordered i and directed to prepare and file with the Clerk a Notice to f Bidders and form of contract for the construction of the Highway I/Interstate 80 Sewage Pumping Facilities Project. (. r1. PASSED AND APPROVED this 20th day of December r S 1983. 'd. Mayor _a ATTEST: Clerk I t :a 1 , AHLERS, COONEY. DORWEILER. HAYNIEA SMITH, LAWYERS. DEB MOINES, IOWA . 3343 _..._ ----141001 FILMED BY. .... .III. .. t t JORM MICR LAB i -CEDAR RAPIDS • BE.MOINES `, � 11 I . I 1 i . I i i 1 .. City of Iowa City MEMORANDUM DATE: December 15, 1983 TO: Mayor and City Council n FROM: Robert IS. Jansen, City Attorney ��NC RE: Highlander Liftstation Agreement ��LSSS In this week's packet is the resolution and proposed agreement culminating approximately five years' negotiations with the Highlander interests, the former Westinghouse Learning Corpora- tion interest, the Plum Grove Acres, Inc. interest and the City's interest to permit the extension of sanitary sewer service facilities to the properties owned by the various parties. As you know, this has been a long-standing project and has taken a great deal of time and effort to finally reach an agreement satisfactory to all parties. As part of this agreement, the sanitary sewer lagoon presently servicing the National Computer Systems (Westinghouse) plant will be closed down and the plant placed on City sewer service. The City has been concerned for a considerable period of time that it not have any responsibility or liability for maintaining the sanitary sewer lagoon that was con- structed at the time the plant was built. The preliminary proceedings in connection with the special assess- ment bonds were started with -the Council adopting the preliminary resolution on November 29th. At that time the total cost figures for the project were presented to you including the amount that the City will be expected to contribute as its share of the cost for the entire project. A copy of the agreement is attached and the original copy bearing the signatures of the parties has been sent to Minneapolis for execution by the president of National Computer Systems, Inc., but will be available on Tuesday night so that it can be signed by the Mayor and Clerk along with the signatures of Plum Grove Acres, Inc., JOMAC Development Co., and Highlander Partnership. Negotiations were also carried out with the Grolmus Estate heirs through their attorney, W. Philip Leff. The interest of the Grolmus heirs was to obtain an easement through the National Computer Systems, Inc. property for the purpose of access to the farm ground from the highway. At the present time there is an easement through the plant parking lot which the tenant fanner uses to get his machinery back and forth and National Computer Systems, Inc. and the Grolmus heirs wish that easement to be made permanent, but in a different location. .`.. .. _. MICROFIL14ED BY .. _. _..� JORM MICR+LAB CEDAR RPP!DS • DES I.10(NES 1 JJ�T 1. . A 1 pIayor and City Council December 15, 1983 RE: Highlander Liftstation Agreement Page 2 It has recently developed that the National Computer Systems, Inc. people do not wish to confer anymore than a restricted agricultural easement to the Grolmus property whereas Mr. Leff, as attorney for the Grolmus heirs, has informed us that they wish a permanent, non- restrictive easement for purposes of general access. Apparently, the National Computer Systems people do not wish to give this type of easement and we are recommending that the agreement go ahead with- out participation by the Grolmus heirs. It is our view that the Grolmus heirs are not essential parties to this agreement at this time and that this should not serve as a bar to the other parties going ahead with the project. It is hoped that a reasonable compromise can be worked out between National Computer Systems, Inc. and the Grolmus heirs to solve their problem in the near future. It should, however, be understood that the agreement, as originally envisioned, provided that the City would close the lagoon, restore it, and deed it back to the Grolmus Estate and accord- ingly any future agreement worked out between National Computer Systems, Inc. and the Grolmus heirs should include the City's parti- cipation in terms of the conveyance back of the lagoon site to the Grolmus Estate. cc: City Dlanager ....�.,.. _..__.MICR0FILMED_2Y_,.____..1. .. JORM MICR+LAB 1 CEDAR RAPIDS DE: MOINES f t I t n RESOLUTION NO. 83-412 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF IOWA CITY, NATIONAL COMPUTER SYSTEMS, INC., JOMAC DEVELOPMENT CO., HIGHLANDER PARTNERSHIP AND PLUM GROVE ACRES, INC. FOR THE PURPOSE OF INSTALLATION OF A LIFTSTATION AND EXTENSION OF SANITARY SEWER SERVICE FACILITIES TO THE PARTIES. WHEREAS, the City of Iowa City, National Computer Systems, Inc. (formerly Westinghouse Learning Corporation), JODIAC Development Co., Highlander Partnership and Plum Grove Acres, Inc. have been negotiating for the installation of a lift - station; closing the lagoon owned by the City and servicing National Computer Systems, Inc.'s facility; and to extend sanitary sewer service facilities to the Highlander properties; said negotiations having been carried on for the past five years; and WHEREAS, the City of Iowa City deems it to be in the best interest of the City to permit the construction and installa- tion of a liftstation for the purpose of sewering the parties who are signatory to the agreement;and Whereas, the financing of said project will be provided for by the issuance of special assessment bonds and participation by the City; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute the formal written agreement between the City of Iowa City and the parties and to perform the conditions and terms of said agreement. It was moved by Lvnch and seconded by Balmer 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 Perrot ._.._ ..-MICROEIU4ED..BY. JORM MICR+LAB - CEDAR RAPIDS • DES 140INES t 1 33 8� oil i I , i 1 1 F r: y i I , i 1 F y i l I I i I Resolution No. R;-41 Ppge 2 Passed and approved this _=,day of December , 1983. ATTEST:a ��m J x• %� CITY CLERK �••'.. ,._:MILROFILMED. DY �.'�� JORM MICR+LAB ff4 'CEDAR RAPIDS • DES MOINES By 1}aD WO 1--rWa11r'iett 338y 1 F i �1f s I i I i 338y I t AGREEMENT THIS AGREEMENT is entered into this 20th day of December, 1983, by and between the City of Iowa City, a municipal cor- poration, hereinafter referred to as "CITY"; National Computer Systems, Inc., hereinafter referred to as "NATIONAL"; Jomac Development Co., an Iowa General Partnership, hereinafter referred to as "JOMAC"; Highlander Partnership, an Iowa General Partnership, hereinafter referred to as "HIGHLANDER" and Plum Grove Acres, Inc., hereinafter referred to as "PLUM GROVE" WHEREAS, the existing sanitary sewer facilities of CITY do not extend North of Interstate Highway 80 so as to serve the property of NATIONAL, JOMAC, HIGHLANDER and PLUM GROVE, and WHEREAS, the CITY desires to extend the sanitary sewer service facilities so the same are available for use by the parties hereto as well as other users in the service area, and WHEREAS, CITY constructed and maintains a sanitary sewer lagoon which serves the physical facilities of NATIONAL and CITY desires to abandon the same and to allow NATIONAL to utilize sanitary lines and facilities of CITY, and WHEREAS, the parties hereby agree upon a procedure for the design, construction, and installation of a sanitary sewer and lift station and a method for the payment and financing of the same through the sale by CITY of special assessment bonds and the payment for a portion of said project by all parties hereto other than CITY through payment of a special assessment incurred for the financing of the sewer and sewer lift station 320 �..._FEDAR LMED BY�IGR+LAB • DES MOINES ll Ir - 2 - WHEREAS, HIGHLANDER and CITY entered into an Agreement on November 9, 1982, regarding the above referenced lift station and sanitary sewer project which the parties hereto now desire to amend and restate. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. CITY has provided with Shive-Hattery & Associates for the design of a sewer lift station, force main and sewer lines from the existing sewer lines to the lift station and sanitary sewer extension across Highway #1 as more accurately shown on Exhibit "A" attached hereto. The lift station capacity shall be designed for an ultimate load capacity of 200 gallons per minute. 2. CITY will institute special assessment proceedings under Chapter 384 of the Code of Iowa, or other applicable provisions, to finance the design and construction of the lift station, the force main, and the sanitary sewer line from the lift station to the HIGHLANDER, JOMAC, PLUM GROVE and NATIONAL properties. CITY will sell special assessment bonds to cover the construction costs as set forth hereafter, except for that portion of the cost to be assumed by CITY. 3. HIGHLANDER shall be responsible for the entire cost of relocating its service line so as to connect its facilities to the CITY main extending along Highway Cpl. 4. HIGHLANDER agrees to execute and deliver to the CITY a waiver of its right to notice and a waiver of its right to object to the amount of the special assessment to be levied against its property so long as the total assessment to be levied against its property does not exceed $82,903.10. .,.. _ ._...MICROFILMEC 3Y.— tDORM MICRLAB CEDAR RAPIDS • DE: MOINES I 338Y I I I i - 2 - WHEREAS, HIGHLANDER and CITY entered into an Agreement on November 9, 1982, regarding the above referenced lift station and sanitary sewer project which the parties hereto now desire to amend and restate. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. CITY has provided with Shive-Hattery & Associates for the design of a sewer lift station, force main and sewer lines from the existing sewer lines to the lift station and sanitary sewer extension across Highway #1 as more accurately shown on Exhibit "A" attached hereto. The lift station capacity shall be designed for an ultimate load capacity of 200 gallons per minute. 2. CITY will institute special assessment proceedings under Chapter 384 of the Code of Iowa, or other applicable provisions, to finance the design and construction of the lift station, the force main, and the sanitary sewer line from the lift station to the HIGHLANDER, JOMAC, PLUM GROVE and NATIONAL properties. CITY will sell special assessment bonds to cover the construction costs as set forth hereafter, except for that portion of the cost to be assumed by CITY. 3. HIGHLANDER shall be responsible for the entire cost of relocating its service line so as to connect its facilities to the CITY main extending along Highway Cpl. 4. HIGHLANDER agrees to execute and deliver to the CITY a waiver of its right to notice and a waiver of its right to object to the amount of the special assessment to be levied against its property so long as the total assessment to be levied against its property does not exceed $82,903.10. .,.. _ ._...MICROFILMEC 3Y.— tDORM MICRLAB CEDAR RAPIDS • DE: MOINES I 338Y - 3 - 5. HIGHLANDER agrees to pay a tap -on fee to the CITY of Iowa City in an amount of $230.00 per acre for 16.4 acres in order that the CITY may comply with its agreement with E. J. Corporation and American College Testing, Inc., said tap -on fee to be paid when Highlander connects to the CITY main. 6. JOMAC shall be responsible for the entire cost of the sanitary sewer lines to be constructed within its sub- divisions which lines will be constructed pursuant to the terms and provisions of a standard Subdivider's Agreement between JOMAC and the CITY to be executed as a part of the subdivision approval process. 7. JOMAC agrees to execute and deliver to the CITY a waiver of its right to notice and a waiver of its right to object to the amount of the special assessment to be levied against its property so long as the total assessment to be levied against its property does not exceed $145,856.90. 8. JOMAC agrees to pay a tap -on fee to the CITY of Iowa City in the amount of $230.00 per acre for 52.14 acres in order that the CITY may comply with its agreement with E. J. Corporation and American College Testing, Inc. for the collection of said tap -on fee, said tap -on fee to be paid when service taps are actually made into the CITY main. 9. NATIONAL shall grant to the CITY appropriate ease- ments for the site of the lift station, access to the lift station and sanitary sewer line from the lift station site to the Public R.O.W. along Highway #1 all as more particularly shown on Exhibit "A" attached hereto and by this reference made a part hereof. _,.... .. ....171LROFILMED..BY.__------ .� _ JORM. MICR+LAB -CEDAR RAPIDS DE. MOINES 33gy j i m� I II` I I I I i c E " 3 -:F a - 4 - 10. NATIONAL shall grant to the CITY a 10 foot wide permanent easement and a 50 foot wide temporary construction easement to permit construction, reconstruction, operation and maintenance of a sanitary sewer line from the NATIONAL Facilities to the lift station site. 11. NATIONAL agrees to execute and deliver to the CITY a waiver of its right to notice and a waiver of its right to object to the amount of the special assessment to be levied against its property so long as the total assessment to be levied against its property does not exceed $10,000.00. 12. The CITY will design and let construction contracts for the lift station, force main and sewer lines during the 1984 construction season, provided that the CITY shall not be obligated to let contracts for the construction if the bids for the proposed work exceed the estimated costs as set forth in the report from Shive-Hattery Engineers dated November 22, 1983. 13. The CITY agrees to design the lift station in such a manner that it will incorporate its appearance with the general aesthetics of the area. The contract documents will include plantings in a sufficient number to be installed around the lift station so that it will be largely obscured from view. All ground cover at the lift station and sewage lines will be restored as nearly as possible to its present condition. CITY agrees to indemnify and hold harmless the party on whose property the sewer lines, lift station and force main are located from any injury or damage to persons or property that may occur by reason of the construction activities being carried on by the CITY. 33H •,,.... ....,.MICROFILMED 8Y_.__._�.:._ JORM MICR+LAB E •CEDAR RI�R!DS •DES MOINES 0 i I I I I F i i - 5 - 14. The CITY agrees to accept easements as well as maintenance responsibilities for the lift station, force mains, and sanitary sewer mains running to the lift station which are to be constructed as a part of the special assess- ment project. The CITY agrees to indemnify and hold harmless all of the other parties to this agreement from any liability ` arising out of the operation or maintenance of the facilities contemplated herein. r15. The CITY agrees to maintain and pay all operating costs for the lift station, force main and sanitary sewer I mains over which the CITY has public easements granted I pursuant to the terms of this agreement or accepted by the i CITY as property owned by the parties hereto is developed. �.. 16. The CITY agrees to pay the tap -on fee of $230.00 i- - per acre for 22.21 acres due from NATIONAL under the CITY agreements with E. J. Corporation and American College Testing, Inc, for collection of certain tap -on fees. 17. The CITY agrees to institute the required special assessment proceedings promptly in the manner required for the financing of this project as set forth in this agreement. 18. The CITY agrees that it will not permit any property f Iowa Cit either voluntarily which is annexed to the CITY o y, � or involuntarily, subsequent to the execution of this agree- ment, to "hook onto" or utilize the sewer constructed pursuant to this agreement without payment by the CITY to HIGHLANDER, 1 JOMAC and PLUM GROVE of an amount equal to $1,760.00 per acre 33 8Y ..MICROEILMED.BY- JORM MIC.R+LA9 l -CEDAR RAPIDS • DES MOINES 1 - 6 - for each acre included in the annexed tract. The payment to be made by the CITY will be divided between HIGHLANDER, JOMAC and PLUM GROVE as follows: HIGHLANDER $ 505.31 per acre JOMAC $1,285.42 per acre PLUM GROVE $ 70.26 per acre 19. The CITY agrees to adopt a new tap -on sewer fee 1 ordinance and agrees to apply that ordinance in an attempt i to collect tap -on fees from those parties presently within the City limits who utilize the sewer other than parties l i who were originally assessed for its costs. The funds so � collected are to be reimbursed to the parties originally assessed for the cost of public improvement in the same pp percentages as each party contributed toward the payment i. of the project costs. It is understood that the CITY does - not guarantee its legal authority to collect said tap -on fees and that if the validity of said tap -on fee ordinance or the attempt to enforce the same as it applies to the sewer project constructed pursuant to the terms of this agreement, � i is challenged by any party, the CITY shall not be required to defend the same but the costs thereof shall be paid by such parties to this agreement who wish to litigate the enforceability of the tap -on fee ordinance. f! 20. PLUM GROVE agrees to execute and deliver to the CITY a waiver of his right to notice and a waiver of his right to object to the amount of the special assessment to be levied against his property so long as the total assessment to be levied against his property does not exceed $18,497.21. i 1 i ,338Y MICROEII.PIED BY.. DORM MIC R�LAB •CEDAR RPI DS DE: MOINES I 1 ' -7- 21. PLUM GROVE agrees to pay a tap -on fee to the CITY of Iowa City in the amount of $230.00 per acre for 2.85 acres in order that the CITY may comply with its agreements with E. J. Corporation and American College Testing, Inc. for collection of certain tap -on fees, said tap -on fee to be paid when connection is made to the CITY main. CITY OF I014A CITY By By w_.' NATIONAL COMPUTER SYSTEMS, INC. /� y ByN ` K By JOMAC DEVELOPMENT CO. an Iowa General Partnership 14 B� ?ARTNERSHIP, HIGHLANDER an Iowa General Partnership .. .MICRO FIL146V_.-___._.i- _. JORM MICR+LAB t -CEDAR R46S DES MOINES 1 c k 1 j i� -1 CITY OF I014A CITY By By w_.' NATIONAL COMPUTER SYSTEMS, INC. /� y ByN ` K By JOMAC DEVELOPMENT CO. an Iowa General Partnership 14 B� ?ARTNERSHIP, HIGHLANDER an Iowa General Partnership .. .MICRO FIL146V_.-___._.i- _. JORM MICR+LAB t -CEDAR R46S DES MOINES 1 ..a STATE OF IOWA ) � ss: JOHNSON COUNTY ) On this 20th day of December 1983, before me, the undersigned, a Notary Public in and for said County, in and said State, personally appeared Mary C. Neuhauser Marian K. Karr Mayor and City Clerk respectively of the City of Iowa City, Iowa, executing the within and fore- going instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledged the execution of said corporation, by it and by them voluntarily executed. iY%n , n No ary u is in or the State of Iowa i i STATE OF MINNESOTA ) ! ss: HENNEPIN COUNTY ) j On this 14th day of December 1983, before me, _ the undersigned, a Notary Public in and for the State of Iowa, personally appeared David C. Malmberg and Charles W. Oswald to me personally known, who, being by me duly sworn, did say that they are the President and Chairman j j respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed i (and sealed) on behalf of said corporation by President of its i Board of, Directors; and that the said Chairman as such officers acknowledged the and ' execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 1 MnMIJ`JVJVNM/'n VJVVVV'NNNV`.WJ✓•r A 4avr.E N. Pll?m BOTaiss A d� m• ;.Ic-ainliEsorA 000;A 1,100Y o r Public D n an or the l t9yCommivlonEnlrtclfiry19,1-es State of YNVh Minnesota i YVN/VVV'J`//V.VVV IN•JYJWV.NWV\'VVNV If I 338Y ^.._.__...141CROFILMED BY JORM MICR+LAB ` -CEDAR RAPIDS • DES MOINES y +{ I J) W - 9 - STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 19th day of December, 1983, before me, for the Stand ate of the undersigned, a Notary Public in and appeared M. Dean Jones Iowa, personally Robert J. McGurk to me personally known, who, being by me duly sworn, did say that they are the General Partners and foregoing of said partnership executing the within that they are authorized instrument to which this is attached; for and on behalf of said partnership to sign said instrument said M. Dean Jones and Robert J. McGurk �. and that the as General Partners acknowledged the execution of said deed of said partner- instrument to be the voluntary act and by them voluntarily executed. ship, by it and ' Not,ry YUDLIC in an or sai County and State }` STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 19th day of December 1983, before me, for the State of ` the undersigned, a Notary Public in and and Iowa, personally appeared M. Dean Jones to me known, who, being Robert J. McGurk personally did say that they are the General Partners y by me duly sworn, of said partnership executing the within and foregoing they are authorized instrument to which this is attached; that for on behalf of said partnership to sign said instrument and said M. Dean Jones and Robert J. McGurk l and that the as General Partners acknowledged the execution of said deed of said partner- } instrument to be the voluntary act and it by them voluntarily executed. ship, by and Coq OfC/' Notary ubhc in ana for sa—�— i County and State i JORM MIC R�LAB f I MAR RAPIDS DES MOINES J� W -10- STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 19th day of December , 1983, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce R. Glasgow and Frank Boyd , to me personally known, who, being by me duly sworn, did say that they are the President and Secretary , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) QCgla,ec,seal,caa4fa:ao-�dxA�h�xs�ocxicsxabdxex3sx�dxxsaaxk}c corporation; that said instrument was signed (ogk1x2o&1cRQ on behalf of said corporation by authority of its Board of Directors; and that the said Bruce R. Glasgow and Frank Boyd as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. WO /L _ Notary u is :n an o said County and Staed �. �,.. - 171CROFIU4EO.OY -�- ' i.. JORM MICRLAB 1 -CEDAR RFPIOS < DES MOINES 11 � J i ;i I r �. �,.. - 171CROFIU4EO.OY -�- ' i.. JORM MICRLAB 1 -CEDAR RFPIOS < DES MOINES 11 � J LEGENb gl"T•OF-WAY LIIJI; GaopV-TY Lio — - — WTIOW LIWE - - - - - EXISTING SEWEtz LINE —�— Wroan SEWw LWE .................... A99e;5 ME.Wj LIMITS 87 585 PpopDSED �y,E55M��1T AMOUmf I L .y, � exwsr�uG 5n.ulTnwY ` JORM MICR i £ CEDAR RAPIDS - DE: - t 1. .y, � exwsr�uG 5n.ulTnwY ` JORM MICR i £ CEDAR RAPIDS - DE: - t 1. VI64T-OF•WV LIVE 7¢oGEQTY LIIJE -- ,WVOM LIME EXISTING %wEsz LINE ";. {'f20GOhEn hEWEZ LIME AhEhME�T I I►✓II (5 BS: ` ??oP05E.D Atx2e,`%Mf,:►JT AMOUn1T ar s3� ''12y A I R 1 _f' p/.ISTIIJ(� UTY Ow NE.O f�gGE �y.000t-1S TO � i+3FKDo1„Ep I 4 , i ^SEK1eR To�LPGooI I i EXISTIAICo MANHoLF (Ty pIGAL) 4 ¢ I Cowl PWOV05,V SEWAGE , PuMPlub gta-rtou i {�`--'EKISTIUG SA.NITAR'� SEWER To LavooU �--� EXISTINv MAN HoLF: (Ty QIC ALJ PGOP� � I Cou�u ' CEDAR RPPIDS - DES MOINES I 1,1, J FPWP05en SBWAG6 PUMPIF4& y?ATION Pi I 9 "& CITY oWNED SNS To PrE A6A1-1Do1.lED ` f \ •• 1. �. (00 P,CLEx EASEMENT \ � To CoROLM US PR-cPEK•TY 4rh � Sw ` A `f S �StLWe2 To�LAG&OOW \ I (TYPTI Wr.)MA 4ROLE I PpdPQSEt� ALIbNME!•17 To 6E I _ f�OVE¢11EG lYf T�tEE L PAVIUG COu�61CTg • ��. ! 1 ;.• :•.. PtZOPOhEO 8'�'F 4ANI•(4aY SEkIEtL J 9EIZVICp C1`(PICAL, / 6�.5 P�LOFOi5Et7 SEWA PUMPING ytA'CIOId EI9 d4, yEWAGE ' RAIN H ! UM COI.. NW %4 5W %4 •SEG. ---Co'00-G ---,,.• t,::ll 1.1.E !7 t HIGNLAI.IOER 2 '94 ,G, o Lat'fr�l ": I i l ili (' I 3 (�: • �p3 P��2 7oA mrnsow MAWHOI.E StAILEAZ TO L.Ae-OOW r--74(s71WC- MANHOLE (TYPICAL) papPPyEd ALI&KMtWT 70 K &O%Zg6t7 &Y IrM L LO - OT)j. V, PtZOi'OhEf7 Bad 4WO (TYPICAL) EE)4wdrlmcl DRIVEN 15M I ra co 17'. NW'/4 5 w 114 I 7F•' r9*T'me- ----P CTYPICAW SIP r C) � _• CEDAR RiP!DS - U: MOINES s 1.45, 6 576 P ?lJw-7Ev IAWWLF- l1A{tY >7f FA NOTES I. ALIGNM�Nt 0� SEWEtL 6pVICE To MIGMLM417m TO 1 fs a SELEC[EI7 7o COp,¢Epomv WITH JOMAC MLOPMW ?' PLANS. ,, 2.1'UMG %%Holl. orbl(A CAMCITY: IMITML FLOW - 100 (PUL090 FSP MINUTE q rUtU¢F, FLOW WO G4.L O PE2 MaITE ogg ;fig` 0.2 u ' i�P;I rpl i .1.. .•. lip t E%,,mt4& Ptzl%JAM L AL.00NS To 6E - p,, bEAGTNATGD S le , 6 w i EXISTING PRIVATE L.AGoo1J6 To Br- to E 3o O MICROEILIIEO BY :.._ JORM MICR+LAB ` i -CEDAR RPP!OS OE: MOINES r s3gy.a10 J.'Y' v-, 1� NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Plum Grove Acres, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was raved by and seconded by Lynch that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson s X Erdahl X Lynch X McDonald X Neuhauser j X Perret Passed and approved this 20th day of December , 19 83 . _WA LU C JA 0 11 IR 411 I4� ATTEST: n7a&cai ) T CITY CLERK is i., i MICROFILMED BY ..� l JORM MICR+LAB • CEDAR RAPIDS • DES MOINES i11 iia,t %.';,'?I 1:�H��t^trM•t1P Ai IF RESOLUTION NO. 83-413 RREE ppLLUU IIpp pp PAVINGT %G MEMORIZING EXECUTION OF OVERWIDTH with being and, WHEREAS, the City of Iowa City, Iowa, Plum Grove Acres, Inc. attached to this Resolution and by tis has , a negotiated an agreement copy of said agreement reference made a part hereof, said WHEREAS, the City Council deems it in the _agreement for overwidth paving of First Avenue public interest in First and to enter into Rnrhpstpr, Part 1, in Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Plum Grove Acres, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was raved by and seconded by Lynch that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson s X Erdahl X Lynch X McDonald X Neuhauser j X Perret Passed and approved this 20th day of December , 19 83 . _WA LU C JA 0 11 IR 411 I4� ATTEST: n7a&cai ) T CITY CLERK is i., i MICROFILMED BY ..� l JORM MICR+LAB • CEDAR RAPIDS • DES MOINES i11 iia,t %.';,'?I 1:�H��t^trM•t1P Ai IF ,,,', AGREEMENT WHEREAS, PLU14 GROVF. ACRES, INC. is the developer of the FIRST AND ROCHESTER, PART 1 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve THE FIRST PORTION OF FIRST AVE. by paving said street 31 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of $15.18 per square vard not to exceed Seven Thousand Two Hundred Twenty One Dollars . ($ 7)221.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall i be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the j work and the street by the City of Iowa City, that the City of Iowa City shall pay j to the Developer, the sum of $15.18 per square yard, not to exceed Seven Thousand Two Hundred Twenty One Dollars ($7,221.00) 1 as full payment for its share of the improvement in excess of the width of 28 feet. ! 3. It is understood and agreed by and between the parties that nothing , herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this 20th day of December A.D., 19 83 . CITY OF IOWA CITY, IOWA SY -+ �)i Jul 11 d- 8Y • Mayor Attest: /Ii,��.n.u� �� Lw nJ 8y City Clerk Received i Received & Q(y�o/ck1 by Ra Cesal Go(saditnP < ix.zo�3 r1, ... MICROFIL14ED BY. l JORM MICR+LAB CEDAR R0IDS • DES MOINES Tzzyo) AL W _ Lots circled are zoned R-3 for condo use. 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Q )} 4s ,.1»..[..Ir..m• n.a rml tn,.e e..-, sn •u'mwI 00 w:l ,p. u:n rt«»nt[.s.:i=••'e}Iu'[u1•.o. ntr[n-.. u rm u•. nr uta .e11,1..0.. mJn...I.! , vrc... v[ 13.11 Iert, •11,11e fQ y . t«Url 14111 t• » i ty J ,• O� 3'1x'1:\':..V} [n • I,. [,te In+ntt r.v+Dl t»,«..,•se•}o•+.G:).T.wo[• n.,::u iti)e%m )1 !. 7� e•e.11 Ort, te.5•[ Inn Inn Dln rWl �»nu. •ppe•4 IN.e' Lrt, te, )u N 5 In[n Imo al+ Z\[)0e NW CM t:rky 1 0 .1) r«AIt•} a1'WHY,. {511.141 C Im 1t10 .•11Is <.... [w» tot I 141-11-11-1. ^.3n{Mprw,l•f.w1.Y, r JQ W •tQ' r•.n :»n[ 2: +Pg[• Sf�-- 1ro.ave-q un.m Ms u w refs er r.^„411. 3'm 11.<I er Iro t«Inas o •p, V 0 .J.PD 1141 .,.• Dr Io1. LL NOTE:Red shading « n•..alr, t»{ .» na ,-n I, ..D. a .an«,:.nm Dr I» .-...} a C i ., .• w . I .. ImIuGD. y T, pindicated the part x ..t.'A::r'st Avenue to he ° rx " fm.r[ex,«.. 1, (J ^} FY � � Paved 31 s the first I wide as part of the p n� .ew vfhnig I I program. I. ; 2 r . A .... �. .. Y.��•' (\\2y\ 343531 f.SL �L� :� p•10600'0•.91.2 A. L•»m cess ep `. IaY+ f,tag 0 _•=-::n•,.. »• cnme•5n•saolw e3HNKO\ MA3N CLE .•[ C -_L ¢_ SEE SHEET 2021041 u Vr on. . _. MICROERMED DY ` JORM MICR+LAB I CEDAR RPPIDS a DE' MOINES 1 i i 'City of Iowa C� MEMORANDUM Date: December 14, 1983 To: City Manager From: Bruce Knight, Associate Planner4Sfr1/ _ Re: First Avenue Extended on May lo, 1983, the preliminary Plat of First and Rochester Additi n, the Part 1, was approved by the Iowa City City Council. Subsequently, oval final plat was approved on August 16, 1983. Included in the P PP pavement was the extension of First Avenue North from Rochester Avenue across Ralston Creek to the northern boundary of the subdivision. A athe event width of 31 feet. According to the Subdivision Code, arterial or collector streets are requireuire overthe ubdivthat lrequired the for City o shall pay for the excess of pavement requ' twenty eight (28) foot local street." . north of The design and location of both First Avenue awe plane Plott anning and Zoning Rochester Avenue were discussed in detail by Comission and the City Council Comprehensive Plan Update ation of the Northeast Area Study aspartof the Based on those discussions and the trafficway design standards contained in Table h the appendix of the Comprehensive Plan Update, the minthe imum ould be pavement wand Eng)r First ineering AvenueExtended trecommend hthat the city approve the Planning over -width paving agreement. 0 ...MICROFILMED BY JORM MICR LA I ES -CEDAR R4110S • DES MOIN1 i 3fa� 1 RESOLUTION N0. 8414 CLERK TO ATTEST BE AUTHORIZING THE MAYOR TO SIGN AND THE CITY A 28E CONTRACT WITH JOHNSON COUNTY AND A-1 CABr INC. OF IOWA CITY FOR FY84 SEATS SUPPLEMENTAL TAXI SERVICE. pg, it is in the public interest to provide taxi service to Iowa City WHEREresidents in order to supplement the Johnson CountY/IOwa City ansit service SEAAS program l and for delivery of special elderly and handicapped ab for th WHEREAS, the City has an existing i service; nn -exclusive however, the contract ldemandkfor s pple- the provision of capabilities of the single company mental taxi servicece has taxhas grown beyond the caps and it is desirable to add a second company, and WHEREAS, with the addition of a second company, the funding for this program in FY84 will remain at the existing $6300 authorized by the City Council, and WHEREAS, based on a competitive bidding process, City planning staff and the Johnson County SEATS Agency have recommended the awartaxi of a coontracand t to A-1 Cab, Inc. of IoCity for FY84 SEATS supe WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of this Stat be exercised jointly with any other public agency of this State having such power, and WHEREAS, Ioa City, Johnson County and A-1 Cab, Inc. have negotiated a 28E agreement for the provision of supplemental taxi services for eference made residents and a copy of said contract is attached and by apart hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: 1. That a contract ram is hereby awarded ltaxi service to A-1 Cab, Inc. of owa Cityo the . County SEATS program 2, That the Mayor is authorized to sign and the J ty rk to attest the County, and A-1 28E contract between the risupplemety of ntCity, Johnson altaxi service to the Johnson Cab, Inc. of Iowa City County SEATS program. Clerk is directed to file the 28E agreement with the 3. That the City Recorder. Secretary of State and record same with the Johnson County ..,141CROEILMED.BY_ .._.__. JORIM MICR+LAB -CEDAR RAP!'S •DEC !401NE5 I i a f and seconded by _F�rret the Resolution It was Raved by —�c be adopted, and up 11 call there were: AYES: NAYS: i j I I I i and seconded by _F�rret the Resolution It was Raved by —�c be adopted, and up 11 call there were: AYES: NAYS: HALMER X DICKSON X ERDAHL X LYNCH X MCDONALD X NEUHAUSER X PERREP X passed and approved this 20th day of December , 1983. ATTEST: // CITY CLERK rH1. Received & Approved By The legal Department Iz IS I Q _.._.MICROFILMED OY....._ JORM MICR+LA8 t CEDAR RAPIDS •DES MOINES 1 t 1 3s�3 %4 28E AGREEMENP This 28E agreement is made and entered into on the 20th day of December , 1983, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City", Johnson County, and A-1 Cab, Inc. I. SCOPE OF SERVICES A-1 Cab, Inc. shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the Johnson County SEATS program pursuant to the terms of this agreement. II. GENERAL TERMS 1. The origin and/or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service shall be the metropolitan area of Johnson County within the corporate limits of Iowa City, Coralville, and University Heights. 2. The provision of transportation by A-1 Cab, Inc. under this agreement shall be administered by Johnson County SEATS. Elderly and handicapped residents of Iowa City shall call the SEATS dispatcher to request transportation. The SEATS dispatcher shall determine if the ride is eligible for the subsidized taxi service and if A-1 Cab, Inc. shall provide said ride, whereupon the SEATS dispatcher will inform the A-1 Cab dispatcher of the intended trip, and A-1 Cab, Inc. shall then dispatch a cab. 3. For the purposes of this program, an elderly person is defined as any individual over 60 years of age; a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental impairments which seriously limits his/her ability to FILED Johnson Co" Iowa DEC 2 2 1983 OOUNIY AUDITOR .. MICROFILMED BY..� JORM MICR+LAB S-CEDAR WPM - DES MOINES 2 � 3 f�3 Page 2 obtain adequate transportation either through the use of private automobile or public transit. This includes persons who are restricted to wheelchairs. A spouse or companion accompanying eligible persons shall also be eligible to obtain rides. 4. The following trips shall be eligible for subsidized taxi service from A-1 Cab, Inc.: (1) Medical (i.e. doctor, dentist, drugstore); trips that cannot be easily scheduled twenty-four hours in advance. (2) Any other trip that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category include social service, shopping, volunteer service, so- cial/senior activity trips, and employment — including regularly scheduled trips to and from a work site. Taxi service shall be available 24 hours per day. Off -hour service must be scheduled during hours of SEATS operation. III. COMPENSATION 1. Each eligible participant shall pay A-1 Cab, Inc. a donation for each trip and the City shall subsidize the remaining cost of the trip. However, no eligible participant without a donation shall be denied a ride by A-1 Cab, Inc.; in this situation, the City shall subsidize the entire cost of the trip. The determination of the total trip cost shall be calculated from the rate submit- ted by A-1 Cab, Inc. in their bid for the service: $1.60 for the first mile and $.50 for each additional half mile. 2. On a monthly basis A-1 Cab, Inc. shall request reimbursement from the City for the amount of the trip subsidy. With this request, an itemization of the date, time, donation, origin and destina- .. _... ,. MICROFILMED BY. _._.._. I JORM MICR+LAB -CEDAR RAPIDS • DES MOINES l I Page 3 tion of each trip shall be provided by A-1 Cab, Inc. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. 3. Funding of $6,300 has been allocated by the City of Iowa City for supplemental taxi service, this amount being the City's total contribution for supplementary service in Fiscal Year 1984. None of these funds shall be allocated for advertising or public relations. Any unused funds at the end of Fiscal Year 1984 will remain in the Iowa City Transit budget. IV. INDSVIFICATION A-1 Cab, Inc. agrees to defend, indemnify and save harmless the City of Iowa City, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this i I agreement. V. ASSIGNMENT A-1 Cab, Inc. shall not assign, sublet or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION A-1 Cab, Inc. shall not commit any of the following employment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. ..:.IIICROFILMED ax + .. JORM MICRf�LAB -CEDAR R�Pi DS •DES 'DINES 3 I i n i 6 r V. ASSIGNMENT A-1 Cab, Inc. shall not assign, sublet or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION A-1 Cab, Inc. shall not commit any of the following employment practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. ..:.IIICROFILMED ax + .. JORM MICRf�LAB -CEDAR R�Pi DS •DES 'DINES 3 I Page 4 VII. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 1. A-1 Cab, Inc. agrees to complete an Equal Opportunity Policy Statement, as provided by the City of Iowa City. A-1 Cab, Inc. agrees to permit inspection of their records concerning the supplementary service by a person representing the City of Iowa City, Johnson County, and/or the State of Iowa, during normal working hours. VIII.DURATION This agreement shall be in effect from December 23, 1983, to June 30, 1984. Upon agreement by the parties hereto, the terms of this agreement may be extended an additional thirty (30) days. However, this agreement may be terminated upon 30 days witten notification by either the City or A-1 Cab, Inc. IX. EXTENT OF AGREEMENT This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa. X. This agreement represents the entire agreement between the City of Iowa City, Johnson County and A-1 Cab, Inc. for subsidized taxi service as herein provided. It may be amended only by written instrument signed by all parties. I i ..,.,MICROFILMED. BY. .._ 'J JORM MICR+LAB I . -CEDAR 8410' S • DES MOINES �! t I ! t i I i 1 � I I I� } ii a i Page 4 VII. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 1. A-1 Cab, Inc. agrees to complete an Equal Opportunity Policy Statement, as provided by the City of Iowa City. A-1 Cab, Inc. agrees to permit inspection of their records concerning the supplementary service by a person representing the City of Iowa City, Johnson County, and/or the State of Iowa, during normal working hours. VIII.DURATION This agreement shall be in effect from December 23, 1983, to June 30, 1984. Upon agreement by the parties hereto, the terms of this agreement may be extended an additional thirty (30) days. However, this agreement may be terminated upon 30 days witten notification by either the City or A-1 Cab, Inc. IX. EXTENT OF AGREEMENT This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa. X. This agreement represents the entire agreement between the City of Iowa City, Johnson County and A-1 Cab, Inc. for subsidized taxi service as herein provided. It may be amended only by written instrument signed by all parties. I i ..,.,MICROFILMED. BY. .._ 'J JORM MICR+LAB I . -CEDAR 8410' S • DES MOINES �! t I ! t Page 5 A-1 CAB, INC. By: president ATTEST: CITY OF IOWA CITY, IOWA By: Mayor City Clerk Roctfvod & Approved By The legal Department IZ IS�93 JOHNSON COUNTY, IOWA By: Chairperson Board of Supervisors ATTEST:- //) S,IOc%O County Auditor { ....._ECEDARR41DS D BYR+LAB DEC Id01NES 31/63 t i 1 r_ L, it 4. E `1 CITY OF IOWA CITY, IOWA By: Mayor City Clerk Roctfvod & Approved By The legal Department IZ IS�93 JOHNSON COUNTY, IOWA By: Chairperson Board of Supervisors ATTEST:- //) S,IOc%O County Auditor { ....._ECEDARR41DS D BYR+LAB DEC Id01NES 31/63 t e--7- W/ Z CITY OF ICITY CHIC CENSER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500C) December 21, 1983 Nlary Jane Odell Secretary of State Iowa State Capitol Building Des Moines, IA 50319 Dear Nis. Odell: The City of Iowa City, Johnson County, Iowa and A-1 Cab, Inc. have entered into a 28E Contract for the FY84 SEATS SU Dlemental Taxi Service. Attached is the originally executed Resolution authorizing the Agreement, with the originally executed Agreement. These documents have been recorded with the Johnson County Recorder. Yours very truly, Nbrian K. Karr, 31C City Clerk _. - 7__. ... ..___.. _.MICROFILMED. BY JORM MICR+L AB CEDAR RAPIDS • DES MOINES I I� 3 sL03 W RESOLUTION NO. 83-415 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY84 FUNDING AGREEMENT WITH THE ELDERLY SERVICES AGENCY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent, and WHEREAS, the Elderly Services Agency provides these services for Iowa City seniors and has requested supplementary funding for FY84, and WHEREAS, the City of Iowa City and the Elderly Services Agency are in agreement that a supplementary allocation is needed to allow the Elderly Services Agency to provide the aforementioned services at their present level, and WHEREAS, an FY84 funding agreement was executed June 21, 1983, between the City of Iowa City and the Elderly Services Agency, and WHEREAS, the attached amendment to the FY84 funding agreement has been negotiated by the City of Iowa City and the Elderly Services Agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached amendment to the funding agreement with the Elderly Services Agency for FY84. It was moved by F.rdahl and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _, BA .A%M -7i DICKSON —R— ERDAHL LYNCH -X- MCDONALD -X- NEUHAUSER —X- PERRET Passed and approved this 20thday of December , 1983. ATTEST: CITY CLERK Reaefved $ Approved BYcThe Legal DeprOHment 3g6I D 14z, LROFILIIEDDY.�M MICR(�LA94105.OES F MOINES Reaefved $ Approved BYcThe Legal DeprOHment 3g6I D 14z, AMENDMENT TO FY84 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY It is hereby agreed on this 20th day of December 1983, that provi— sions II and III of the FY84 funding agreement executed June 21, between the City of Iowa City 1983, amended to read as follows: and the Elderly Services Agency are hereby II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $2,350 for FY84 to be used by the Elderly Services Agency for ongoing program operations. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsection: A. Payment of the supplementary $2,350 will be made as part of the third quarter check. The third quarter check will therefore total $8,225. FOR CITY OF IOWA CITY, IOWA: ileul.__ilAed MARYt&Aj. NEUHAUSER, MAYOR ATTEST: MARIAN K. KARR CITY CLERK FOR ELDERLY SERVICES AGENCY OF JOHNSON COUNTY: NAME o li/ s TITLE ' �ATTEST: .r NNNAAAfffJJJMMM!!!___... �— TII i I f Rooalvod 6 Approved BY Th�4 Legal ID �etd i _ �3vay i... _MICROFILMED BY ... JORM MICR+LAB ? CEDAR RAPIDS • DES MOINES 3 _..' s ':A A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT I TO THE AGREEMENT WITH SYSTEMS UNLIMITED, INC., FOR THE USE OF COMMUNITY DEVELOPMENT BLACK GRANT FUNDS TO ACQUIRE AND IMPROVE SITES FOR THE CONSTRUCTION OF TWO HOMES FOR SEVERE AND PROFOUNDLY HANDICAPPED CHILDREN. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Camnunity Development Act of 1974, as amended (Public Law 93-383); and, WHEREAS, the City of Iowa City wishes to utilize such funds to provide a residential facility for severe and profoundly handicapped children and to engage Systems Unlimited, Inc., to acquire and improve sites for the construction of two homes for such handicapped children; and, WHEREAS, the City Council did, by Resolution No. 83-103 dated April 26, 1983, authorize and enter into an agreement with Systems Unlimited, Inc., to acquire and improve sites to construct two homes for severe and profoundly handicapped children; and, WHEREAS, due to unforeseen delays, an extension of time is needed to complete the acquisition and site improvements for said construction, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWP.: that the Mayor be authorized to sign and the City Clerk to attest Amendment I to the Agreement with Systems Unlimited, Inc., dated April 27, 1983, to allow an extension of eight (8) months, until June 30, 1984, for the completion of construction of the two homes for severe and profoundly handicapped children. It was moved by McDonald and seconded by perret the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DICKSON X ERDARL X LYNCH X MCRA X NEUHAUSER X PERRET Passed and approved this 20th day of necemhpr r 1983. ATTEST: CII�Y CLERK i Roc*ad & Approved By Tho Legal Departm,ni --� 1Z�,s�a- �. �.�. .. _. MICROFILMED OY^- -� l JORM MICR+LAB 4 CEDAR RAN OS • DES MOINES 1 ,3#05 lve 1 1 ..d AMENDMENT I AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SYSTEMS UNLIMITED, INC. FOR THE USE OF C"UNITY DEVELOPMENT BLOCK GRANT FUNDS Tb ACQUIREAND SEVERER HE CONSTRUCTION OF 0 HOMES PROFOUNDLY HANDICAPPED CHILDREN Of neramhar , 1983, by and THIS AGREEMENT, entered into this ?0th al on between the City of Iowa City, a municipal corporac. tion inhereferred referred as as the "City"), and Systems Unlimited, "Systems"), is an amendment to the agreement chito ldren.rovidtwo residential homes for severe and profoundly handicapped amends portions of the original contract executed April 27, 1983, as follows: PART I II. TIME OF PERFORMANCE This section is hereby amended to read as follows: Program Deadline I 1, Contract for Construction December 14, 1983 2, Acquisition of Property March 1, 1984 3, Completion of Construction June 30, 1984 4, Facility in Operation July 16, 1984 5, Continued Facility Operation July 17, 1984 - July 16, 1994 This schedule is subject to change by mutual agreement of both parties, in writing. III. COMPENSATION AND METHOD OF PAYMENT: This section is hereby amended to read as follows: The City will pay and Systems agrees to accept fo 1performanceamount under of one hundred thousand dollars ($100,000) this agreement, as follows: 1. Payment in full will be made upon presentation of a F properly executed real estate sales agrase and all the relevant financial agreements for the pu rchproperty(s); presentation of a properly executed contract for site improvements on the property(s), and, presenta- 1( � V l' 3 �O� -��-.._... MICROFILMED 6Y .._._.._�. _ l JORM MICR+LA9 I i -CEDAR RAPIDS • DE: MOINES I ) 2 tion of a properly executed contract with an architect for design and construction documents and administration of the construction contract for the project. 2. Payment will be contingent upon: a. Procurement of insurance as required by Section Iv.C. of the agreement. b. The City's determination that proposed site improvements on the property meet the eligibility requirements and standards set by HUD for the CDBG program. 3. The total of the above payments will not exceed one hundred thousand dollars ($100,000). IV. TERMS AND CONDITIONS OF OWNERSHIP: Sections D, E and F are amended to read as follows: D. Systems will not sell, assign, or transfer any legal or equitable interest in the property(s) at any time prior to July 16, 1994, without the written approval of the City. E. In the event that Systems elects to sell or otherwise transfer legal or equitable interest in the property(s) prior to July 16, 1994, Systems will pay to the City a prorated share of the $100,000 as determined by the Special Promissory Note which is attached to the original agreement as Exhibit A. F. Except as provided herein, the term of this agreement shall be from the date of execution through July 16, 1994. PART II. I. PERFORMANCE AND REPORTING: Sections A, C and D are amended to read as follows: A. Systems will maintain and staff two homes for severe and profoundly handicapped children at the property to be acquired under this agreement until July 16, 1994, in a manner satisfactory to the City. C. Systems will submit quarterly reports to said Program Coordinator's office by the 20th day of February, May, August, and November of each contract year. In addition, an annual audited report will be submitted by MarhsI of each contract year. No reporting requirements ll extend beyond July 16, 1994. MICROFILMED Y JORMMICR LAB •' i CEDAR R41DS • DES MOINES N T4 N D. Not later than August 31, 1984, Systems will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 20thday of December , 1983. FOR THE CITY OF IOWA CITY ATTEST: City Clerk Rowived & Approved By The Legal Deparlmnt �z 1 FOR SYSTEMS UNLIMITED, INC- ATTEST: NCATTEST: I f { i j I i 1 E j i e t N D. Not later than August 31, 1984, Systems will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 20thday of December , 1983. FOR THE CITY OF IOWA CITY ATTEST: City Clerk Rowived & Approved By The Legal Deparlmnt �z 1 FOR SYSTEMS UNLIMITED, INC- ATTEST: NCATTEST: 1 9 �• ._.MICROFllMED.BY_._._ JORM MICR+LAB { - CEDAR RPPIDS DES MOINES 1, I f { i j I i 1 E i c { J f 1 9 �• ._.MICROFllMED.BY_._._ JORM MICR+LAB { - CEDAR RPPIDS DES MOINES 1, I r RESOLUTION N0. 83_417 RESOLUTION APPROVING AN AMENDED IOWA CITY CONTRACT COMPLIANCE PROGRAM. WHEREAS, the City Council of Iowa City adopted an Affirmative Action Policy on January 13, 1981; and WHEREAS, the Affirmative Action Policy provides for the adoption of a Contract Compliance Policy; and WHEREAS, the City of Iowa City has formalized its contract compliance policy and program in order to encourage positive affirmative action efforts from vendors, contractors, consultants, and firms with which the City does business; and WHEREAS, it is desirable to approve certain amendments to this program in order to improve its effectiveness and promote full compliance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the Contract Compliance Program as amended and attached hereto should be and is hereby approved and officially adopted by the City of Iowa City. It was moved by Dickson and seconded by Perret the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER —� DICKSON ERDAHL �- LYNCH x MCDONALD _ x NEIHAUSER _x PERRET Passed and approved this 20th day of December , 1983. ATTEST: CITY CLERK .I ---------- MICROFILI1ED. BY.... JORM MICR#L AB i 'CEDAR RPP!OS •DES MOINES i i Recolvod E Approved By The legal DcWdn*M 3 fwd SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa city to assure equal employment opportu- nity in all City contract work. This policy prohibits discrimination by the City's contractors, subcontractors and vendors, and requires them to take af- firmative action to ensure that applicants employed or seeking employment with them are treated equally without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. It is our intention to administer this policy in such a manner as to assist employers who are contractors or subcontractors with the city in desiging and implementing Affirmative Action Programs so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All vendors requesting to do business with the City, and all City contractors, subcontractors, and consultants, must submit an approved Equal Employment Opportunity Statement. 2. All City contractors, subcontractors or consultants with contracts of $25,000 or more (or less if required by another governmental agency) must ( abide by the requirements of the City's Contract Compliance Program. Emergency contracts are exempt from this provision. 3. Contracting departments are responsible for assuring that City contrac- tors, subcontractors and vendors are made aware of their EEO/Affirmative Action reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any requests ' for proposal. 4. Prior to commencement of work, the completed Equal Employment Opportunity Statement or required material must be received and approved by the i City. i 5. Contractor compliance during the course of the contract with the City of Iowa City will be monitored by the contracting department. 6. Contractors must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working," "Flagman Ahead," and instead use signs such as "Caution Construction." 7. Once a contractual relationship exists between a contractor and the City, as with any contractual provision, the City retains the right to withhold payment on a contract pending satisfactory performance in the areas of Equal Opportunity and Affirmative Action outlined at the time of contract I award and/or to disqualify a contractor from future bidding for a specified period of time. . .... MICROFILMED BY. ..� l JORM MICR40LAB l y ! CEDAR RAPI05 • OEC 1401NE5 r 14 ?1 SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Affirmative Action Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 5 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. CONTRACTOR, PLEASE CHECK THE APPROPRIATE STATEMENT: 1. _ This contract is federally funded (paragraphs a -g apply) 2. —This contract is not federally funded (paragraphs a -c apply) During the performance of this contract, the contractor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and subcontractors.) a. The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, sexual preference, disability, marital status and age. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. C. The contractor will send to each labor union or representative of workers with which he or she has -57 -collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency ' contracting officer, advising the labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will com 1 with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F I-0ICROf ILI1ERM MICRI�LAB R RAPIDS • DEC MOINES i 3 004 ,. ■ D '4d f. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the i Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, "that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Yes No 3. Have you written an Equal Employment Opportunity policy statement? _ a. If YES, where is this statement posted? { b. Please provide a copy. NOTE: Sample statements are available upon request. 4. Please provide a copy of a blank employment application. 5. What is the name of your Company's Equal Employment Opportunity Officer? (Please print) Phone number Yes No I 6. The undersigned agrees to display the following posters at the worksite, conspicuously placed, for the duration of the contract. EEOC/OFCCP Poster Age Bias Poster Wage Discrimination Poster NOTE: The City can provide assistance in obtaining the necessary posters. _.,...MICROFILMED. BY. JORM MICR#LA6 - .CEDAR RAPIDS • DES MOINES r 7. How long do you anticipate this project will take? _weeks _months 8. What is the dollar amount of this project? $ 9. How do you currently inform applicants, employees, and recruit- ment sources of your equal employment opportunity policy? Yes No 10. Do you provide a working environment free of harassment and intimidation for your female and minority employees? 11. Do you provide nonsegregated facilities and company activities for all employees? 12. If you rely in whole or in part upon unions as a source of your workforce, are they aware of your commitment to affirmative action and equal employment? a. How do you make them aware of this commitment? 13. Please complete the form on the following page. The above responses to questions 1 through 13, are true and correctly reflect our affirmative action and equal employment policies. The employment figures and goals contained within the Table (#6) are true and accurate and we will make every effort to achieve the goals which we set. Firm Company Name Signature Phone Number Title Print Name Date NOTE - PAGES 2 THROUGH 5 ARE TO BE RETURNED TO THE CONTRACTING DEPARTMENT PRIOR TO EXECUTION OF THE CONTRACT. { �_. ._ ...._..., MICROFILMED. By ._....__,...� _ JORM MICR+LAE 4 -CEDAR RAPIDS DES MOINES 13. EMPLOYEES WORKING MINORITY OR FEMALE EMPLOYEES HIRED i_ JOB CLASSIFICATIONS ON PROJECT TO WORK ON PROJECT TOTAL Minorities Females Males females Official/Managers N k Professionals Technicians Office/Clerical Craft Workers (Skilled) Sales Workers Operatives (Semi -skilled) Laborers _ (Unskilled) Service Workers Apprentices Trainees On-the-job _... ...: _._..MICROEILMED.BY, - •' JORM MICR+LAB 1 S CEDAR RAPIDS • DES M!1!Li ON . MICROFILMED BY�� l JORM MICR+LAE3 I { CEDAR RA PISS • DES MOINES I I i , JOB CLASSIFICATION DEFINITIONS - TO BE USED IN COMPLETION OF QUESTION #13, pg. 5 1. Managers and Administrators: Occupations requiring administrative personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operations. Includes: officials, executives, middle management, plant managers, department managers, superintendents, salaried supervisors who are members of management. 2. Professionals and Technicians: Professionals are considered to be persons working in occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. 3. Technicians: Technicians are those whose work requires a combination of basic scientific knowledge and manual skill which can be obtained through about two years of post high school education, such as is offered in many technical schools and junior colleges, or through equivalent on-the-job training. 4. Office and Clerical: All clerical -type work regardless of the level of difficulty, where the activities are predominantly non -manual, though some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, cashiers, collectors, messengers, office helper, office machines operator, shipping and receiving clerk, stenographers, typists, secretary, telephone operators. 5. Skilled Crafts: Manual workers of a relatively high skill level, having a thorough and comprehensive knowledge of the processes involved in their work. They exercise considerable independent judgment and usually receive an extensive period of training. Includes: building trades, hourly paid foremen and leadmen who are not members of management, mechanics and repairmen, skilled machinery occupations, electricians. 6. Sales Workers: Occupations engaged wholly or primarily in direct selling. ? Includes: advertising agents and sales agents, insurance agents and brokers, real estate agents and brokers, sales agents and sales clerks, grocery clerks, cashier -checkers. 7. Operatives (Semi -skilled): Workers who operate machine or processing - equipment or perform other factory -type duties of an intermediate skill i level which can be mastered in a few weeks and require only limited training. Includes: apprentices, operatives, attendants, delivery and route drivers, truck and tractor drivers, dressmakers, weavers, welders. 8. Laborers (Unskilled): Workers in manual occupations which generally require no special training. They perform elementary duties which may be learned in a few days and which require the application of little or no independent judgment. Includes: garage laborers, car washers, gardeners, lumber workers, laborers performing lifting, digging, mixing, loading and i pulling operations. 9. Service Workers: Workers in both protective and nonprotective service occupations. Includes: attendants, clean-up workers, janitors, guards, waiters and waitresses. 10. Apprentice: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. . MICROFILMED BY�� l JORM MICR+LAE3 I { CEDAR RA PISS • DES MOINES I I i , 11. Trainees (On-the-job): Production... persons engaged in formal training for craftsperson when not trained under apprentice programs, operative laborer, and service occupations. MINORITY GROUP IDENTIFICATION American Indian or Alaskan Native: all persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition. Asian and Pacific Islanders: all persons having origin in any of the original peoples of the Far East, Southwest Africa, the Indian Subcontinent, or the Pacific Islands. Black: all people having origins in any of the Black African racial groups not of Hispanic origin. Caucasian: (Not of Hispanic origin), includes persons having origins in any of The original peoples of Europe, North Africa, or the Middle East. Hispanic: all persons of Mexican, Puerto Rican, Cuban, South or Central American, or other Spanish Culture or origin, regardless of race. These definitions and identifications should be retained for future use. MICROFILMED. JORM MICR+LAB 1 •CEDAR RiP!DS • DES MOINES f i ■ i i r2 9 SECTION III - SUGGESTED STEPS TO ASSURE AFFIRMATIVE ACTION 1. COMPANY POLICY Determine your company's policy regarding equal employment and affirmative action. Write this policy out and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. This responsibility should include: -correcting any and all discriminatory practices and conditions which presently exist -taking appropriate remedial actions to correct past inequities -taking a results -oriented approach, in other words, affirming i the policy through actual minority and female hires and by maintaining a "single standard" principle in your unit so that s employees are evaluated, recognized, developed and rewarded on ( a fair and equitable basis. In regards to dissemination of this policy, this can be done through the use of letters to all recruitment sources and subcontractors, personal contacts, and employee meetings. I 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or at minimum someone should be given the responsibility of administering and promoting your company's affirmative action program. This person j should be placed within your organizational structure so as to emphasize the importance of the program. 3. INSTRUCT STAFF Your company personnel staff should be aware of and required to abide by your affirmative action program. All employees authorized to I hire, supervise, promote and discharge employees or recommend or are involved in such actions should be trained and made to comply with your policy and the current equal employment opportunity laws. i 4. RECRUITMENT t (A) Let potential employees know you are an equal employment i opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal employment opportunity employer". (8) Use recruitment sources that are likely to yield minority and female group applicants. Word-of-mouth recruitment will only 3444 MICROFILMED. BY JORM MIC R(1'/LAB 1 CEDAR R4105 • DES 1401NES perpetuate the current composition of your workforce. Recruitment sources that fail to send minorities and females should be evaluated for continued use. Send all recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you hire minorities and females. (C) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (D) Select and train persons involved in the employment process to use objective standards and to support affirmative action goals. (E) Periodically review job descriptions to make sure they actually reflect major job functions and do not require higher qualifications. (F) Review the job application to insure that only job related nuestions are asked. ecessary to judgean appli ants competence for �performing tthe job applied for?" (G) Only use job-related tests which do not adversely affect any particular group of people. (H) Carefully monitor interviews and interviewees' actions. Biased and subjective judgments in personal interviews can be a major source of discrimination. 5. APPRENTICESHIP AND OTHER TRAINING Where applicable, you should assure that full use will be made of any existing labor/management sponsored programs designed for the purposes of recruiting and training minority and female applicants and employees. 6. MONITOR ALL POLICIES AND PRACTICES In order to assure your policy is effective, at least twice per year a review of the following should occur: -APPLICANT FLOW - a record for each applicant, indicating the person's name, race, sex, referral source, date of application, Position applied for, and disposition (hired or not hired) -HIRES by race, sex, department, job title and starting salary -PROMOTIONS and TRANSFERS by race and sex -DISCHARGE and TERMINATIONS by race, sex, reason for discharge and termination. Review of the above information will allow you to determine discrepancies that exist, if any, within your work place. Such discrepancies could include different starting salaries for men and women doing similar jobs, inconsistent and arbitrary discharges or .. MICROFILMED BY. I JORM MICR+LAB r 1 CEDAR RAPIDS • DE: MOINES I 3fY4G i i j F perpetuate the current composition of your workforce. Recruitment sources that fail to send minorities and females should be evaluated for continued use. Send all recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you hire minorities and females. (C) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (D) Select and train persons involved in the employment process to use objective standards and to support affirmative action goals. (E) Periodically review job descriptions to make sure they actually reflect major job functions and do not require higher qualifications. (F) Review the job application to insure that only job related nuestions are asked. ecessary to judgean appli ants competence for �performing tthe job applied for?" (G) Only use job-related tests which do not adversely affect any particular group of people. (H) Carefully monitor interviews and interviewees' actions. Biased and subjective judgments in personal interviews can be a major source of discrimination. 5. APPRENTICESHIP AND OTHER TRAINING Where applicable, you should assure that full use will be made of any existing labor/management sponsored programs designed for the purposes of recruiting and training minority and female applicants and employees. 6. MONITOR ALL POLICIES AND PRACTICES In order to assure your policy is effective, at least twice per year a review of the following should occur: -APPLICANT FLOW - a record for each applicant, indicating the person's name, race, sex, referral source, date of application, Position applied for, and disposition (hired or not hired) -HIRES by race, sex, department, job title and starting salary -PROMOTIONS and TRANSFERS by race and sex -DISCHARGE and TERMINATIONS by race, sex, reason for discharge and termination. Review of the above information will allow you to determine discrepancies that exist, if any, within your work place. Such discrepancies could include different starting salaries for men and women doing similar jobs, inconsistent and arbitrary discharges or .. MICROFILMED BY. I JORM MICR+LAB r 1 CEDAR RAPIDS • DE: MOINES I 3fY4G promotions and transfers. Furthermore, a review of this information could indicate a need to either seek additional or new recruitment sources to obtain a wider selection of applicants. NOTE: Forms for monitoring practices and policies are available upon request from the City's Civil Rights Specialist 7. SET GOALS Once the policy has been determined, and the practices are monitored accordingly to determine actual results, goals may need to be set if your workforce still falls short of having a representative number of minorities and females' relative to their availability in the community. Goals to hire or promote minorities and females should be set once per year and these goals should be communicated to the appropriate employees. Increasing and/or improving your minority and female workforce representation can also occur through improved hiring and selection procedures, which have already been discussed, and through non - biased promotion, transfer and training policies. ! In regards to the latter.three, companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all employees to bid on them. i I 1 I MICRO r 1 LMED BY..... t JORM MICR+LA6 4 - CEDAR OA IDS DES MOINES fff t� I 12 SECTION IV - DEFINITIONS The definitions typed in all capital letters refer directly to the City's contract compliance program. The other definitions are for your own information. AA: Affirmative Action AAP: Affirmative Action Program - an active, planned effort to bring more minorities and women into the organization at all levels through non- discriminatory hiring and promotions, and to apply the same benefits and opportunities to all workers. The affirmative action program is the practical action taken to implement the equal employment policy. ADVERSE IMPACT: A company may have a policy which, although applied neutrally, has a negative or adverse impact upon a particular group of employees. An example would be a minimum height requirement that is not job-related and could possibly eliminate a high percentage of Orientals and women. APPLICANT FOR EMPLOYMENT: i A person who completes a formal application form, or by some other means (resume, letter, request, etc.) indicates a specific desire to be considered for employment. An APPLICANT LOG should record j requests for employment made in person whether or not an application I form is completed. APPLICANT FLOW DATA OR APPLICANT LOG: A numerical compilation of employment applicants showing the specific numbers of each racial, ethnic and sex group, who applies for each job title (or group of job titles requiring similar qualifications) during a specified time. ' AVAILABILITY: The percentage of minorities or women who have the skills required for entry into a specific job or classification, or who are capable of acquiring the required skills. BFOQ-Bona Fide Occupational Qualifications: The law allows employers to, hire or promote by sex in rare cases where a worker of a certain sex is really needed for the job. This is interpreted narrowly, to mean that sex-related anatomy is required - I for instance, it is legal to hire a man if you need a bass singer or a male model; a woman if you need a soprano or a model for women's f clothes. It is not legal to specify a man for so-called "heavy" work; if it can be proved that there is no woman who can do the work; BFOQ may exist. The problem with the BFOQ is that employers may be trapped by stereotyped thinking into a belief that a job can only be done by one sex when that is not necessarily true - and the employer j is then vulnerable to discrimination complaints. It is safer to test the capacity of individual applicants, regardless of sex, making i I v 1 ... MICROFILMED BY 7 I I JORM MICR#LAB l S CEDAR RAPIDS • DES MOINES 1 1 M 13 sure that you test only for the qualities required by the job and not for more strength (or whatever) than is actually required. BLACK: The preferred term for people of Afro-American heritage. The term is a philosophy of life that indicates pride in the African heritage and culture, unlike the more outdated and sometimes derogatory terms "Negro" or "colored person." BUSINESS NECESSITY: A term sometimes used by employers who argue that sex is a BFOQ for a given job. Title VII gives "business necessity" to the BFOQ by saying, in Section 703(e): "It shall not be an unlawful employment practice for an employer to hire... classify... or employ any individual...on the basis of his religion, sex, or national origin in those certain instances where religion, sex or, national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise." This is narrowly interpreted. For instance, one airline claimed flight attendants or stewardesses had to be women because a survey showed that passengers wanted comforting and friendliness from stewardesses, and women were better constituted than men to be comforting and friendly. The Court said this was not a business necessity. The airline was in business to transport people safely from one place to another. The flight attendant's job was not connected with the airline's major function and the "business necessity" arguments could not be used. Even if the flight attendants were all male and all surly, the airline could carry on its normal operation of safe transport. CHICANO: A male Mexican -American. The female is called "Chicana." Both are included in the larger group known as SSA's, or Spanish -surnamed Americans. CIVIL RIGHTS ACT OF 1964: Overall, the Act outlaws discrimination against women and minorities in employment, voting, public accommodations, public education, the use of public facilities, etc. This is a Federal act passed by the U.S. Congress. For affirmative action purposes, the point of interest is Title VII of the Act, which prohibits discrimination in employment and creates the federal Equal Employment Opportunity Commission (EEOC) for enforcement purposes. Title VII 197 to employers. wasamended addition, the2EEO Actaden the includedns ate umbero andlivate ocalgovernments and political subdivisions under Title VII coverage, prohibited discrimination in Federal employment with en given to the U.S. Civil Service Commission, and creforcement ated a central coordinating body between all anti -discrimination enforcement agencies. 3Oa6 _... MICROF W4E0. BY .... { JORM MICR#LAB l 'i CEDAR RAPIDS • DEC MOINES r 1 9 14 COMPLIANCE: As used in this document, compliance refers to employment practices which are in line with the Iowa City Contract Compliance requirements. These requirements are indicated on pages 1-5. CONFIDENTIALITY: Information or reports obtained by or submitted to the Civil Rights Specialist in the course of monitoring the City of Iowa City Contract Compliance Program will not be disclosed to the public when such disclosure would serve no public purpose and would give advantage to competitors of the contractor from whom the report, has been received; however, such information may be disclosed to a governmental agency conducting an investigation involving alleged illegal discriminatory practices and the contractor or parties charged in accordance with the Iowa City ordinance pertaining to Human Rights. CONTRACTING DEPARTMENT: The City of Iowa City department that is handling the particular contract. DEPARTMENTAL SENIORITY: In some companies, disadvantaged workers have traditionally been isolated in a few departments where jobs were poorly paid and promotional opportunities were nonexistent. The only way out was to transfer to another department, but some companies and unions specified as part of their collective bargaining agreements that workers who transferred could not carry their accrued seniority into the new departments. Instead, they had to begin as if they were newly hired workers. Disadvantaged groups have challenged policies of departmental seniority, saying the policies tend to lock them into the old departments and minimize their opportunity. Courts have generally agreed with the complaining workers. Furthermore, if the employer's intent is not discriminatory but the effect of the system is discriminatory, and if the employer is so notified but does not change the seniority system, the EEOC will deduce that the employer intended to discriminate. Antidiscrimination agencies and disadvantaged workers prefer plantwide seniority, which allows workers to maintain the seniority they have earned from the date of hire if they transfer to new departments. DISCRIMINATION: Illegal treatment of a person or group whether intentional or unintentional based on race, color, sex, age, national origin, relig—` ion, creed, marital status, sexual preference or disability. The term also includes the failure to remedy the effects of past discrimination. DISPARATE TREATMENT: Unequal or dissimilar treatment of employees similarly situated because of their race, sex, age, or other impermissable basis. 4 �. MICROFILMED. BY. JORM MICR+LAB 1 4 CEDAR RAPIDS • DE: MOINES I 1 3 tleG 15 ^ EEO: A general term meaning "equal employment opportunity." EEOC: The Equal Employment Opportunity Commission, a federal agency created by Title VII to enforce the Civil Rights Act of 1964. It also enforces the amendments passed in the EEO Act of 1972. The EEOC does not perform routine compliance reviews. Generally, it acts only when a complaint is filed against an employer by an aggrieved job applicant, employee, group of employees, or organization authorized to represent aggrieved employees. EEO -1 FORM: A form which must be filled out by 2rivate employers with 100 or more employees and sent to the EEOC once a year. Employers report how many minorities and women they have as officials and managers; professionals; technicians- sales personnel; office and clerical workers; skilled craftsmen; semi -skilled operatives; laborers; service workers. I EEO -2 FORM: Corresponding form on apprentices in each trade or craft, broken out by race and sex. This report must be filled out annually by joint labor-management apprenticeship committees which have five or more apprentices, at leastpporting employer with more than 25 employees and at least one union sponsor with 25 or more members or a union hiring hall. N i EEO -3 FORM: The same as EEO -2, but filled out each year by local unions. EXECUTIVE ORDER 11246: Issued by President Johnson in 1965. It says employers with government contracts or subcontracts may not discriminate on the basis of race, color, religion or national origin. Sex was omitted ' in this order, but added by Executive Order 11375. Therefore, many people refer to this order as "Executive Order 11246 as amended." j GOAL: A target number or percent of women and minorities to be hired, promoted or transferred to various job classifications (as defined j on pages 7 and 8) within a given period of time. The number is y usually computed by the number of available and qualified disadvantaged workers in the labor area. f A "goal" should not be confused with a "quota." A quota is a ceiling figure designed to require hiring a certain number of aarticular group to the exclusion of others. "We will take up to 10% women in this job category but no more." A goal is a floor, a minimum number of people to be included in -- e.g., "we will take at least 10% women in this n0f—kethings basicallyJasbthey eere 'including only uota t kendnumesibers ofothe eothers" A quota may or may not be appropriate under law, depending on whether past discrimination existed. A goal is designed to alter the status MICROFILMED BY�_�. JORM MICROLA13 CEDAR RPPIDS • DEC MOINES i ! 3 oeaG 16 quo over time. Setting and achieving goals turns a company's equal employment opportunity statement into a reality. GOOD FAITH EFFORT: Employers sometimes say they have made a good faith effort in affirmative action but "we could not find any qualified...". Courts tend to look carefully at this defense on the basis that regardless of intent, if workers have been hurt the law must make them whole. Accordingly, good faith efforts should be made in all areas of employment including but not limited to: a, employment advertisements b. internal and external dissemination of the company's EEO policy and affirmative action program C. designation of a company EEO officer d. development of and implementation of non -biased employment practices (hires, promotions, transfers, discharges, employee benefits, etc.). Employers must keep a written record of such actions in order to show good faith effort. NOTE - For more detailed information please discuss this with the City's Civil Rights Specialist. i { JOB-RELATED QUALIFICATIONS If an employer says a High School degree is needed for the job, it must be true. The employer may have to prove that it is impossible' for the large majority of workers to do the job adequately without a High School degree. At one time, employers often required higher j skills than necessary in a conscious effort to keep out disadvantaged applicants; others required the higher skills without discriminatory intent but the result was the same. The new emphasis on job-related qualifications makes room for employers to demand the skills they do require, but forbids the old, unnecessary escalation. MINORITIES: All persons classified as American Indian, Alaskan Native, Asian or Pacific Islander, Black or Hispanic. i NEW HIRE: A worker added to an establishment's payroll for the first time. I. OFCCP: The Office of Federal Contract Compliance Programs, U.S. Department { of Labor. It is responsible for enforcing Executive Order 11246 as { amended. OLD BOY NETWORK: Slang term which refers to hiring by word of mouth, which used to be the way the good job openings were known only by white males. Therefore it was only white males who got them. The word "old" in this usage does not refer to age, but to long acquaintances. Affirmative action tries to weaken the exclusionary effect of the 34ZO4 r . MICROFILMED. BY. _. ` JORM MICR#LAB ` -CEDAR RAH OS • DES MOINES 111 `1 i ' I 1. ._... i ..a 17 network by requiring employers to actively recruit in minority and women's organizations and media, and by requiring goals for the hiring and promotion of minorities and women. PROTECTED CLASS CATEGORIES: Those groups of people protected by the laws against discrimination. In Iowa City, the protected categories are: race, color, creed, religion, sex, age, national origin, disability, marital status and sexual preference. The latter two categories are not included in the area of housing. (Sexual harassment' has been determined to be a discriminatory practice affecting both males and females.) RECOMMENDATION FOR COMPLIANCE: The recommendation made by the Civil Rights Specialist to the appropriate persons certifying that a contractor has satisfactorily completed all bid conditions, as specified by the City of Iowa City Contract Compliance Program. i RECRUITMENT: A search for job applicants. Help wanted ads and contacting employment agencies are typical recruitment steps. � REHIRE: To return a worker to the payroll after a complete break in service. REMEDIAL ACTION: Actions undertaken b employer to Y anremedy the effects of past discrimination. Often it is affirmative action but in more stringent doses. For instances, if black workers are 25% of the workforce in a contractor's labor area, affirmative action might require that the contractor hire 25% black workers. Remedial action might be to hire j 50% black workers. until the contractor is at parity, or 25% black workers in all job categories. REQUISITE SKILLS: Those skills that make a person eligible for consideration for employment in a job. REVISED ORDER: iGuidelines issued by the OFCCP outlining what employers must do to comply with Executive Order 11246 as amended. REVISED ORDER 14: Internal guidelines issued by the OFCCP which instruct their own compliance officers in conducting a compliance review. The order also outlines what documents employers must make available to the government's compliance officer. SELECTION: The hiring process which comes after recruitment and interviews. In this step the employer decides who will get the job. a _.l 4 MICROFILI•IED BY _.._.. JORM MICR+LAB r S CEDAR RAPIDS • OES MOINES i 3 Y la i 18 SSA: Spanish -surnamed American. SYSTEMATIC DISCRIMINATION: One or more practices which have many discriminatory offshoots so that an entire organization screens out disadvantaged workers in the end. An example would be department seniority, described on page 14. TIMETABLES: A time frame within which an employer tries to reach the established affirmative action goals. UNDERUTILIZATION: Employment of members of a race, ethnic or sex group in a job or job group at a rate below their availability within the company's recruitment area. Depending on the job, recruitment area may be local, regional or national. VALIDATION: Process of determining whether tests given for employment in a certain job actually predict good or bad performance on the job. (See Job -Related Qualifications" on page 16.) Validation is designed to eliminate false criteria which screen out disadvantaged groups. At the same time, validation protects the employer's right to hire only those workers who are qualified. The validation is ordinarily done by an independent organization with expertise in that area. WORD-OF-MOUTH ADVERTISING: Similar to Old Boy Network. Employers run the risk of perpetuating the effects of past discriminatory practices if they maintain a word- of-mouth recruitment policy. Since this policy relies upon current employees informing friends and relatives of vacancies, and since past discrimination often has -substantially restricted minority group representation in an employer's workforce, it follows that non -minorities will be included in the flow of information regarding Job openings at a higher rate than minorities. Such discrimination may also result from word-of-mouth recruiting, as where information about job openings is disseminated by male department heads limiting the likelihood that females will be apprised of employment opportunities. Rocolved A Approved BY Tho iogal Department { ..MICROFIL11 O. BY JORM MICR+LAB I CEDAR RANDS DE. MOINES I U 4Q r.)�,7 City of Iowa Citi MEMORANDUM Date: December 14, 1983 To: City Council From: Phyllis WilliamsU Re: City's Contract CUnpliance Program The City's Contract Compliance Program has been in effect for the past 16 months. The program primarily encourages contractors to utilize minorities and females as either employees or subcontractors when the contractors are doing business with the City. It has been my responsibility to determine whether contractors are in compliance with the program's requirements. From that vantage point I am now recommending five revisions to the program; and in my opinion, if the program is revised as recommended we will receive much more useful information frau the contractors. RECOtMIENDATIONS Page 1, #6 - Addition to read: Contractors must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working," "Flagman Ahead," and instead use signs such as "Caution Construction." Page 3, #4 - Addition to read: Please provide a copy of a blank employment application used by your company. Page 4, #7 - Addition to read: How long do you anticipate this project will take? weeks months Page 4, #8 - Addition to read: What is the dollar amount of this project? $ Page 5 - revised form: It is reccimnended the form entitled Goals and timetables be revised so that contractors are simply asked to indicate how many employees (by race, sex, and job classification) will be working on the City project. The current form asks contractors how many total employees they have (when we really only need to know who's working on the City project) and further asks contractors to set goals to hire minorities and women for the project. The recommended form still encourages contractors to hire women and minorities, but the word goal is not used. Your agenda for December 20, 1983, contains a resolution to approve the above revisions. Staff recommends adoption of the resolution. bj 6/9 �... ._ .MICROFILMED BY f t DORM MICR¢LAB ? WAR PAPIDS • DEC MOINES � t RESOLUTION NO. 83-418 RESOLUTION TO ADOPT AN AMENDMENT To THE FOR THE CITY INDUSTRIAL REVENUE BONG POLICY TO APPLY FOR INN IOWA CITY, IOWA, ENLARGING THE CHAPTER 403 AREA ELIGIBLE INDUSTRIAL REVENUE BONDS. WHEREAS, Iowa municipalities are empowered to issue Industrial Revenue Bonds Pursuant to Chapter 419 of the Code of Iowa and the City of Iowa City adopted a Code ofrlowa onF February 1, 1977,ent Plan to meet Resolutione No7requirements;of Chapter 403 of the WHEREAS, Chapter 419 of the Code of Iowa permits areas designated by Chapter 403 of the Code of Iowa prior to July 1, 1979, to be eligible to apply for Industrial Revenue Bonds; WHEREAS, the City of Iowa City adopted an Industrial Revenue Bond Policy on October 21, 1980, Resolution No. 80-474, and amended on October 6, 1981, Resolu- tion No. 81-266 and on November 10, 1981, Resolution No. 81-290; and on November 9, 1982, Resolution No. 82_271; the housingain andCnear downtown IoOf Iowa wa City as expressed encourages to n thel City's Comprehensive Plan, adopted May 30, 1978; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Industrial Revenue Bond Policy map of eligible areas for the City of Iowa City, Iowa, be amended as follows: 1. To expand the designated area to include the area commencing at the intersec- tion of the centerlines of Court Street and Linn Street; thence south to the north line of the existing right-of-way of the Chicago, Rock Island & Pacific i Railroad; thence southeasterly along said railroad right-of-way to the intersection of said railroad right-of-way with the southerly extension of the east boundary line of the north -south public alley through Block 2, Lyon's First Addition to Iowa City, Iowa; thence north 1,238 feet, more or less, along the east line of the public alley through Blocks 1 and 2 of Lyon's First Addition to Iowa City, Iowa, and Berryhill and Pierce Addition to Iowa City, Iowa, to the northwest corner of Lot 1, Berryhill and Pierce i Addition to Iowa City, Iowa; all as shown on attachment A. It was moved by Balmer and seconded by McDonald _ the Resolution be adopted, and upon roll call there were: i AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X X Lynch McDonald X Neuhauser X Perret Passed and approved this 20th day of December 1983. l-IADIi��n�:�ra✓ MAYOR ATTEST: t -.LTX CLERK Racaly�J 8 Approved By n legal Do a 7 n �1 i. 3 7 4 MICRDFILIIED,DY �. . JORM MICRf LAE S CEDAR R4105 • DE: MOINES L_. ._.. i ATTACHMENT A ail ELIGIBLE AREA: INDUSTRIAL REVLNUE Dec., 1983 BONDS FE �:I Enabling Resolutions Containing Legal Descriptions: Resolution No. 80-474 Resolution No. 81-266 Resolution No. 81-290 Resolution No. 82-271 Resolution No. 83-418 �. MICROFILMED BY� ` JORM MIC R+LAB ` 1` { CEDAR R4P!DS • DEE !dO1 NES L 1 It rt'{ RESOLUTION N0. 83- 419 PmUiTION 6RIZ EXECUTION XECU IO OF AN ACCESS EASEMENT FOR URBAN RENEWALPARCEL4(HO WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency, did by Resolution 83-341 authorize execution of the Contract for Sale of Land for Private Redevelopment for Urban Renewal Parcel 64-1b to Dr. Harry A. Johnson, Jr. dba Mid -City Hotel Associates - Iowa City hereinafter referred to as Hotel Associates; and WHEREAS, said contract for the sale of land referenced above stated in Part I, Section 12, that a separate written agreement for an alley access easement would be entered into by the City of Iowa City and Hotel Associates. NOW, THEREFORE, BE IT RESOLVED that an access agreement agreement (Attachment 1) be approved by the City Council of the City of Iowa City and that the Mayor of Iowa City, Iowa, is authorized to sign the easement agreement and that the City Clerk is authorized to attest to said agreement. Erdahl and seconded by Perret Zt was moved by roll call there were: ( the Resolution be adopted, and upon AYES: NAYS: ABSENT: X X _T_ X Passed and approved this 20th day of Balmer Dickson Erdahl Lynch McDonald Neuhauser Perret December _, 1983. MAYOR ATTEST: CITY CLERK I I I I i i i Reca"d & Approved lay The legal Depad nent 3yd g �.. _ MICROFILMED BY. ..� l DORM MIC R+LA6 CEDARRIIRIDS • DE_ MOTIVES 1 ' 3 i I 44 r ATTACHMENT 1 CITY OF IOWA CITY - HARRY A. JOHNSON, JR. EASEMENT AGREEMENT This agreement is entered into this 20th day of Doremht-r , 1983, between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as City, and Harry A. Johnson, Jr. doing business as Mid -City Hotel Associates - Iowa City, hereinafter referred to as Hotel Associates. WHEREAS, Hotel Associates desires to purchase land from the City on Urban Renewal Parcel 64-1b, Iowa City, upon which to construct a hotel facility, and, WHEREAS, Hotel Associates wishes to purchase from the City a perpetual alley easement for access purposes through a portion of Block 64, as more particularly defined in this agreement, and, WHEREAS, the parties to this agreement wish to set out the specific terms and conditions of their agreement concerning this easement. NOW, THERE'F'ORE, IT IS AGREED as follows: 1. Easement Area. The easement area shall be a strip of land approximately 222 feet east and west by 20 feet north and south in Block 64, Iowa City, Iowa, as particularly shown and described in,the attached plat of survey, marked as Exhibit A, and by this reference made a part hereof. 2. Nature and Extent of Easement. Hotel Associates and its assigns are hereby granted a permanent nonexclusive easement for ingress and egress purposes across the surface of the easement area. City ex- pressly reserves all rights to the airspace beginning twenty-five (25) feet above the surface of the easement area. This easement is to provide for service access to the hotel facility. The easement area also is intended to provide for access to other building sites located in Block 64 and the City reserves the right to grant to other owners of property in Block 64 access to the alley easement. 3. Dedication as Public Alley. The City also reserves the right and intends to dedicate the easement area as a public alley subject to all of the rules and regulations of the City of Iowa City governing such alleys. 4. Pavement and Maintenance. The City agrees to pave the alley within a reasonable time after completion of construction of the hotel facility. Further, the City agrees to maintain the alley at the same level of maintenance as is provided for other public alleys in downtown Iowa City. 5. Easement Price. Promptly upon execution of this agreement, Hotel Associates agrees to pay to the City the sum of $12,000. 6. Future Condemnation. While the City has granted to Hotel Associates the easement rights provided in this agreement on a perpetual basis, the City does reserve the right to institute condemnation proceed- ings if necessary in the future to retake possession of the alley. J %g MICROFILMED BY t JORM MICR+LAB 1 CEDAR RPPIDS • DE- 1401mC5 I ( _ J -M Page 2 7. Reversion to City. In the event Hotel Associates defaults upon its obligation to construct a hotel on Urban Renewal Parcel 64-1b, the easanent granted by the City to Hotel Associates shall automatically terminate and all rights granted hereunder shall revert to the City. If this happens, the City agrees to refund to Hotel Associates any portion of the purchase price outlined in paragraph 5 above which has not already been used for the purposes of constructing public facilities on or about the alley. In the event the use of Urban Renewal parcel 64-1b changes from a hotel, the easement granted by the City to Hotel Associates shall automatically terminate and all rights granted hereunder shall revert to the City. 8. The provisions stated herein shall be for the benefit of and bind the personal representatives, heirs, and assigns of Hotel Associates and the City and the terms and conditions set forth above shall constitute covenants running with the land. Dated at Iowa City, Iowa, on the date given above. CITY OF IOWA CITY, IOWA i BY: Mary N� auser, Mayor � s ATTEST: Ai nom.% City - Clerk i t Harry A. J STATE OF IOWA ) SS JOHNSON COUNTY ) i On this 20th day of Decemher , A.D., 1983, before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared Mary C. Neuhauser, Mayor of the City of Iowa City, Iowa, and Marian Karr, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself/herself acknowl- edged the execution thereof to be his/her voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. NNfIowa li� and E the State aye i Appn,ved legal Dvaiment lL 3W 9 141CROFIL111 BY. ._. t JORM MIC R(�LAB l - CEDAR RPP105 • DEC MOINESr W A 1 Page 3 STATE OF IOWA ) NcaVEPIA) ) SS aeMSGN COUNTY > On this 08 day of l Corn 6UA—, 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared Harry A. Johnson, Jr., to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. NNotary blic - in and for the State Iewe IutdCSOTA _ .' .. _MICROFILMED BY.. JORM MICR+LAS I CEDAR RA PIOS DES MOINES 14, Al 112 deal, E211181T A ..Its C0.<f3f 5/4'fEr L :LLD, I. M., at Iw rt(r I fav I I All 440 SEC..." 1X(-[01. „ IIIDw .00D IrDY401 _ L.LLL DIY(Y(I..0 eNO+w Ie[ D '... 1 IIION 4op 11[41 Ir/ LAY( II[LD Y[+(Ue(0 YNL(f( 0 LUI '1'IIDY401„� 14411(lAtIt 0 "O"MLIN( OIM[Aell[ YOI(0. y 1(LIILINE I.LeIIIIICI t11 .,Far ...... a. D LYI 't' t L[MIf .I1LIY( o• u.w t.e.l wOw. -.0.1 or as, ' 'p '-✓�"1tn 111 14-1110 cles"104 +v 'act ' ✓dgrSSv)'W' fu Yt... fY2RKlNG RA.L/P v IJCO+iI9u 1 Panald :. LAJpria, registered land surer Yor in Inc N v.IID al Awa, JJO I9B7. 1 ;erri up>Cd +Purvey p/ the lollwing J-scN Dud IUN Drli.lt -rely 4-[141. that on April 5. pare Of Block 64, grl gloat io.m, luwa City d ieritedsa!r� ..I Ll+t repol.ed ,a .'Anson Cwmty Pewrder's Of/lee, Bn04 1, page 116, more p+rticularl Cpmnet.cin full,..; 9 u a point o! re fere.-- nl the Nurt heis.m i/ I„roar of ui 1 91.1. 64; the nCl South 89' 59' 20” Veat 222.00 feet a h.ng Abe IIun.L4n :he An 4 ,used bearing !or purpose; of tnis Jeacript ion only): Ione of Aa 14 Biwa: 6: Y to • W,Ac (cn!f thence SCu1h 0' o7' 00” East 179.54 Feet along a line paled+l Niti. the E+fterlY I,... nP. .aid !lack 64 to the point 01 beolnning; thenen Northl79.1";call' I...outh Z22.00 Northeasterly tPoint on the Easterly Ione 01 slid Block 64, raid point be in thence South 0- 0 corner o' sail BIucd Olo Northerly outside 2face ofa-4112Of5a 1parkineet 9g rp; t1lo WsIY•ly line u1 old Rloc4 64 to f g ramp; DOI arc Dar a I hence South 89' 511 17" Vest 20.04 fee a Vester1Y outside /ace of wall o/ t alarm said Nertnerly Dorf ode face n/ w411 old pa r4lnq ram.; to a poise o7 thence South 0' 041 141o/ Yall o1 Vast 1.70 feet along Point said Westerly pt'tside face of Yafl to a Inton Northerly outside face f said parking rre,yr t thence North 89' 55' 47" West alLing said 6`artnerlY '.laid. face of ..411 to A ;01,.t722.00 'set West If the Easterly thence North 0' 0T 00" Block 64 Vest 2000 feet along a line to the paint 01 beginning, parallel with the Gttevly Ione or sl1d and subject to anemenq antl restrictions of record, and contalnl nq 4,454 Square feet, leu, My, or In a resurvey a] now , dicken[ed an Cil farmer Dlaudesand used, 1 llnu J the prYnt rr,lf �renon [f differ Iron dinenslons this Dla[, w1 thcriptions and conveyancer, ""Ch account fur the difference% snow and looted the line, .. n car let or found nonum[nu n cornea !hweol,,,,,• "`O'J."S; a'• +; sbo"n on this 01st. 2a`S Subserlbed nd sworn to tort b A SIIIVI•NATT(RY t ASSOCiAT[S x`'000 4 this �O�day pl Y onald J, SaddnrlD EIIHn,-O+�A[OISr[REDys a`J{— 1981. 4 and lane Sarre Yorc = 4fi( �'� DuurtnUIR = 7767 nalwawu tB J!! Iic 1. t eeeSw ly 1 m;7A xntary pool lc 1n en4 for the Stati DI lu„� -• A^na1J J / aJdor is •0�9,1,0.•,„,,.•y0a',re . : C u...... 1..,. Im.a A1111tratinn me. 7161SURVFa`"� ' � N BOUNpgRY JORVCY• "nu,nn„ ' agAr OF S 1 H Shove-Hellery 6 Associates '• CJS p+•:Jm 7 h C(OGK ea Cenmlling Enginnn .. ... OR/d/VAL row"JF/ORACIfY <....L. .•.f . Ie.y G•Y)''YLtets•t__, ••• c"' .......r WA C/fY p.. ..�...e.r..., an ... .CJS n +JAI I -•:J' _. •. .MICROFILMED By��_ �. JORM MICR+LAB G CEDAR RAPIDS + DES MOINES 3v68 Woe ,l C0.<f3f 5/4'fEr .:L I fav I I All „ I I I y V IR cw.ur om dEu'uu'ru;S U[VWCuw I .Ir do%3.7' 00' +v 'act ' ✓dgrSSv)'W' fu Yt... fY2RKlNG RA.L/P v IJCO+iI9u 1 Panald :. LAJpria, registered land surer Yor in Inc N v.IID al Awa, JJO I9B7. 1 ;erri up>Cd +Purvey p/ the lollwing J-scN Dud IUN Drli.lt -rely 4-[141. that on April 5. pare Of Block 64, grl gloat io.m, luwa City d ieritedsa!r� ..I Ll+t repol.ed ,a .'Anson Cwmty Pewrder's Of/lee, Bn04 1, page 116, more p+rticularl Cpmnet.cin full,..; 9 u a point o! re fere.-- nl the Nurt heis.m i/ I„roar of ui 1 91.1. 64; the nCl South 89' 59' 20” Veat 222.00 feet a h.ng Abe IIun.L4n :he An 4 ,used bearing !or purpose; of tnis Jeacript ion only): Ione of Aa 14 Biwa: 6: Y to • W,Ac (cn!f thence SCu1h 0' o7' 00” East 179.54 Feet along a line paled+l Niti. the E+fterlY I,... nP. .aid !lack 64 to the point 01 beolnning; thenen Northl79.1";call' I...outh Z22.00 Northeasterly tPoint on the Easterly Ione 01 slid Block 64, raid point be in thence South 0- 0 corner o' sail BIucd Olo Northerly outside 2face ofa-4112Of5a 1parkineet 9g rp; t1lo WsIY•ly line u1 old Rloc4 64 to f g ramp; DOI arc Dar a I hence South 89' 511 17" Vest 20.04 fee a Vester1Y outside /ace of wall o/ t alarm said Nertnerly Dorf ode face n/ w411 old pa r4lnq ram.; to a poise o7 thence South 0' 041 141o/ Yall o1 Vast 1.70 feet along Point said Westerly pt'tside face of Yafl to a Inton Northerly outside face f said parking rre,yr t thence North 89' 55' 47" West alLing said 6`artnerlY '.laid. face of ..411 to A ;01,.t722.00 'set West If the Easterly thence North 0' 0T 00" Block 64 Vest 2000 feet along a line to the paint 01 beginning, parallel with the Gttevly Ione or sl1d and subject to anemenq antl restrictions of record, and contalnl nq 4,454 Square feet, leu, My, or In a resurvey a] now , dicken[ed an Cil farmer Dlaudesand used, 1 llnu J the prYnt rr,lf �renon [f differ Iron dinenslons this Dla[, w1 thcriptions and conveyancer, ""Ch account fur the difference% snow and looted the line, .. n car let or found nonum[nu n cornea !hweol,,,,,• "`O'J."S; a'• +; sbo"n on this 01st. 2a`S Subserlbed nd sworn to tort b A SIIIVI•NATT(RY t ASSOCiAT[S x`'000 4 this �O�day pl Y onald J, SaddnrlD EIIHn,-O+�A[OISr[REDys a`J{— 1981. 4 and lane Sarre Yorc = 4fi( �'� DuurtnUIR = 7767 nalwawu tB J!! Iic 1. t eeeSw ly 1 m;7A xntary pool lc 1n en4 for the Stati DI lu„� -• A^na1J J / aJdor is •0�9,1,0.•,„,,.•y0a',re . : C u...... 1..,. Im.a A1111tratinn me. 7161SURVFa`"� ' � N BOUNpgRY JORVCY• "nu,nn„ ' agAr OF S 1 H Shove-Hellery 6 Associates '• CJS p+•:Jm 7 h C(OGK ea Cenmlling Enginnn .. ... OR/d/VAL row"JF/ORACIfY <....L. .•.f . Ie.y G•Y)''YLtets•t__, ••• c"' .......r WA C/fY p.. ..�...e.r..., an ... .CJS n +JAI I -•:J' _. •. .MICROFILMED By��_ �. JORM MICR+LAB G CEDAR RAPIDS + DES MOINES 3v68 Woe ,l i ATTACHMENT 1 CITY OF IOWA CITY - HARRY A. JOHNSON, JR. EASEMENT AGREEMENT This agreement is entered into this between the City of Iowa Cit day of __- 1983, referred to as Cit y' Ion a municipal corporation, hereinafter Hotel Associates - y� and Harry A. Johnson, Jr. doing business he Mid -City Iowa City, hereinafter referred to as Hotel Associates. WHEREAS, Hotel Associates desires to purchase lan from the City on Urban Renewal Parcel 64-1b, Iowa City, upon which to c struct a hotel facility, \and , WHEREAS, Hotel Associates wishes to purcha a from the Cit a all easement for access purposes through portion of Block 64,�asemore particularly defined in this agreement, a WHEREAS\the parties to this agreement ish to set out the s and condit10 s of their agreement cone ning this easement. pacific teens NOW, THERE, C IS AGREED as foll 1. 64, Iowa City, Iowa, a, Plat of survey, marked hereof. 2• Nature and E assigns arehereb gra�tLN and egress purposes across for service access to th intended to provide for ac and the City reserves th Block 64 access to the e 3. Dedica and intends to dei Of the rules and alleys. The a sement area shall be a strip of land and at by 20 feet north and south in Block =icu rly shown and described in the attached xhi it A, and by this reference made a part -- - nabement. Hotel Associates and its Pe nent nonexclusive easement for ingress e eas en area. This easement is to Provide hotel cility. The easement area also is ess to othe building sites located in Block 64 right to gra t to other owners of y easement. property in ibli�ley. Th City also reserves the right easement area as public alley subject to all I of the City o Iowa City governing such 4. Pavement and Maintenance. The City ag es to within a reasonable time after completion of const uction of the hotel facility.Pave the alley level of maintenan a as islProvidedsfor other to maintain the alley at the same Iowa Citypublic legs in downtown 5. Easeme t Price. Promptly upon execution of Hotel Associates grees to pay to the City the sum of $12,00 is agreement, 6• Futur Condemnation. While the City has gra Associates the easement r ghts provided in this agreement nn ated to Hotel basis, the City does reserve the right to institute condemnation proceed- ings if necessary in the future to retake possession of the alley. 7. Reversion ----to . - CityIn the event Hotel Associates defaults upon its obligation to construct a hotel on Urban Renewal Parcel 64-16, the �... �,...,, ..-...MICROFILMED .BY.. t JORM MIGR�LAB iI CEDAR RPPIDS • DEL MOINES 3 voep 1 Page 2 easement granted by the City to Hotel Associates shall automatically terminate and all rights granted hereunder shall revert to the City. If this happens, the City agrees to refund to Hotel Associates any portion of the purchase price outlined in paragraph 5 above which ha not already been used for the purposes of constructing public facilites on or about the alley. In the event the use of Urban Renewal Par 1 64-1b changes from a hotel, the easement granted by the City to Hot Associates shall automatically terminate and all rights granted here er shall revert to the City. 8. The provisions stated herein shall for the benefit of and bind the rsonal representatives, heirs,and a signs of Hotel Associates and the Cit and the terms and conditions set rth above shall constitute covenants ru ing with the land. Dated at Iowa Ci , Iowa, on the date give above. CITY OF IOWA CITY, IOWA BY: Mary ATTEST: STATE OF Z )SS JOHNSONCOn thisay of A.D., 1983, before me, a Notary Puduly commissioned a qualified in and for said County ane, personally appear Mary C. Neuhauser, Mayor of the City a City, Iowa, and Mari Karr, City Clerk of said City, eactome personally known to be the identical persons and officmed in the foregoing i strument, who executed the same undeby virtue of the authoiity vested in them by the City Counsaid City, and each for himself/herself acknowl- edged thetion thereof to be his/her voluntary act and deed for purporein expressed. IN TESTIHEREOF, I have hereunto set my hand and Notarial Seal at Ioy, Iowa, the day and year last above written. Notary Public in and for the State of Iowa __ ...._.._....11ICR0FILI4ED.DY..-".-'..... I`I JORM MICR+LA9 } CEDAR RAPIDS •DES MDINES i 3voa