HomeMy WebLinkAbout1982-01-19 ResolutionI
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RESOLUTION NO. 82-5
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Ken's Hardware at Highway 6, West
in lova City, Iowa, has surrendered cigarette permit No. 82-93 --3 , expiring
June 30 , 19 82 , and request• a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 82-93 , issued to Ken's Hardware
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorised and directed to draw a warrant on the General Fund in the amount of
$ 50.00 payable -to Regal Vending
as a refund on cigarette permit No.119-91
It was moved by Perret and seconded by Balmer that
the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:+
Balmer x
0-ickson x
Erdahl x
Neuhauser x
Perret x _
Lynch x
McDonald x
Passed and approved this 19th day of __January_, 1992
1�AA411 h Q%
Mayor
Attest:
I4ICROFILI4ED BY
I. "-"JORM -MICR#L'A8? j
CEDAR RAPIDS • DES MOINES
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RESOLUTION NO. 82-6
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:
Johnson County. Jail, County Jail, Courthouse
Star Port, 18-20 South Clinton St.
It was moved by Perret and seconded by Balmer
that the Resolution as read be adopted, and upon rol call there
were:
AYES: NAYS: ABSENT:
Balmer X
Lynch X
X
Erdahl
Neuhauser X
Perret X
Dickson X
McDonald x
Passed and approved this 19th day of Januar_ Y
19 B2
Attest:
-4?ity Clerk
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iICRO(ILMED BY
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CEDAR RAPIDS • DES MOINES
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10"n810028 IOWA DEPARTMENT OF TRANSPORTATION 63 k 6,I sLyc --a( n
g 76 `a or r'+a. HIGHWAY DIVISION J�F jr � �.Y� JRe#o e..2
Application for Approval to do Grading and BuiIdDrainage Structures
awa : Incidental Thereto Within the State Road Right of Way
County Johnson
Permit No. -.5-02 ' 4 3
Applicant:
Pleasant Valley Orchard & Nursery, Inc.
.. Name of Individual or Company
1301 S. Gilbert, Iowa City,'Iowa
Address
Incorporated under the laws of the State of Ioxa with principal place of business in
Ioxa City Iowa January 21. 1982
City Stale Date
Iowa Department of Transportation
Highway Division
Ames, Iowa
Approval is hereby requested to enter within the state road right of way and to do grading and build drainage structures
incidental thereto. Proposed work is shown on the attached plat and cross sections, and further describid as follows:
Build 2 foot retaining wall around flower bed and brick Planter,
The right of way shall not be used for storage or commercial pijrpneee
The proposed work is located in Sec. 15 Twp. 79-N Range 6-14 on Road No.6 In
Miles Direction
Hein Iowa City e, Town, est. From Station 8+75 to Statism 4+40
' Plac
proiect M-4051(1) Johnson County.
CONSIDERATION
In consideration of the granting of approval to do the above described work on the highway right of way the applicant a-
grees to reimburse the Iowa Department of Transportation for (1) the cost of work previously constructed by the Iowa Department
of Transportation that the applicant will destroy or remove; (2) the cost of materials that the applicant will remove from the right
of way; or (3) the applicant will do certain work at his expense. Reimbursement to the Iowa Department of Transportation or
work to be done at applicant's expense is as follows:
All work to be done by applicant at their expense.
AGREEMENTS
The applicant agrees that If granted a permit to do said work the following stipulations shall govem.
1. The applicant shall take all reasonable precautions during the construction to prolecl and safeguard The lives and property of the traveling Public
and shall save the Stale and the Iowa Department of Transportation harmless of any damage or losses that may be sustained by the traveling public on account
of such construction operation.
2. The applicant shall hold the State and the Iowa Department of Transportation harmless of any damage that may result to said highway because of
the construclion or maintenance of the facility, and shall reimburse the state or the Iowa Department of Transportation for any expenditures that the State or
Iowa Department of Transportation may have to make on said highway on account of said applicant's construction.
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3. The applicant shall be responsible for prope, placing of any signs needed to warn traffic or prolect workmen and also for the coverinIn
of signs when no longer needed. Signs will be loaned to the applicant by the Iowa Department of Transportation.
a. Opera Ions in construction and maintenance of the facility shall be carried on in such a way so as to nor Interfere with or interrupt tr
highway escept In special cases which will be covered by additional stipulations.
If permission is given to do work that may interfere with the free flow of traffic, or when work is done within 10 feel of the edge of the pavement, the
applicant shall furnish two competent flagmen to control traffic and safely direct traffic by the work area.
S. The applicant shall seed and mulch all areas in the right of way disturbed by the operation and be responsible for the vegetative cover until well
established.
Any surfaced areas such as driveways, shoulders, sodded waterways and plantings disturbed by the operation shall be restored to their original
condition.
6. The applicant shall maintain any drainage structure built within the right of way that is built for The benefit of the applicant and not necessary
for highway use. ,
7. This permit is subject to any. laws now in effect orany laws which may be hereafter enacted.
a. This permit is subject to all the rules and regulations of the Iowa Department of Transportation, and torevocallon by the Iowa Department of Trans. ;
portation at any time when, in Ihe.judiment of the Department it is necessary in the Improvement or maintenance of the highway or for other reasonable
cause.
9. The applicant agrees to give the Iowa Department of Transportation 48 hours notice of Its Intention to start construction on the highway right of
way. Said notice shall be made In writing to the Resident Maintenance Engineer whose name and address is shown below.
10. That no advertising will be allowed within *the primary highway right of way. A1,4 2rvTarr .`
11. If in the future, it is determined by the Department the lanscaped area constitutess2
a safety hazard, the applicant his successors.or assigns shall remove the safety
hazard at his sole expense. i
RECOMMENDATIONS.._ .. j
ReclilmlelTded for pro AI4 j
�By--/ Pleasant Valley Orchard Nursery
Resident , Inc
M3{rdenance Engineer individual or company i
i Date /— L 7 r d'L WILLIAM E. ZOTERICH
By
' Namet
Title - S
f
APPROVAL OF CITY OR TOWN
(if proposed work Is within an incorporated town a city, the Council of said town or city mull grant approval)The undersigned city or sown joins in the grants embodied In the above permit executed by the Iowa Department of Transportation on condition that a
all of the covenants and undertakings Ihercin mooing to the Iowa Department of Transportation shall Inure to the benefit of the undersighed oily a town and 1
I said permit is approved below by the del e Ied city or town official. i
i Signature Title 4�/GEG/bG of /l�fLie Joa/�S
Date Z
Approval of Approval of
1
IOWA DEPART ENT OFT NSPORTATION FEDERAL HIGHWAY ADMINISTRATION
By Distr 1 Engineer, e�EGG- r BY Division Engineer
Date' Z Date
The applicant shall send notice of date of entry on highway right of way to
Resident Maintenance Engineer Address
(S copies of application must be filed with District Engineer
Name
Iowa Department of Transportation a
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616118rds god 111say, [FIG.
1301 S. GILBERT, IOWA CITY, [A., PH. 319-337-3118
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LANDSCAPING• GENERAL NURSERY STOCK
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RESOLUTION NO. 82-7
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
LOWER RALSTON CREEK IMPROVEMENT PROGRAM, PHASE II
I
I DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT-
ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC
INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and
estimate of cost for the construction of the above-named project is to be held
on the 2Nd day of February , 19 82 , at 7:30 p.m. in the Council
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice of
the public hearing for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city, not
less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-namediproject are hereby ordered placed on file
by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Perret and seconded by
that the Resolution as read be adopted, and upon roll call
AYES: NAYS:
x
9
ABSENT:
x
BALMER
DICKSON
ERDAHL
LYNCH
McDONALD
NEUHAUSER
PERRET
Balmer
re were:
Passed and approved this 19th day of January 1982
.'aypr
ATTEST: RecAved A Approvod
city cle By 7 Lega De eownt
14 OQ
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RESOLUTION NO. 82-8
RESOLUTION AUTHORIZING E}EECUPICN OF A SUPPLEMENTAL
CONTRACT FOR RIVER CORRIDOR SE14ERS PROJECT
WHEREAS, the City of Iowa City, Iona, has negotiated a supplemental contract
with Martin K. Eby Construction Co. Inc. , a copy of said upplemental contract
being at to s Reno u s reference made a part herd
and,
WHEREAS, the City Council deans it in the public interest to enter
into said supplemental contract with Martin K by r sr tir In
to insure the removal and replacement of defective pavement on the Corridor
Sewers Pro.iect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the supplemental contract with Martin K. Eby Construction Co .Inc.
2. That the City Clerk shall furnish copies of said supplemental contract
to any citizen requesting same.
It was moved by Balm and seconded by Perret the
Resolution be adopted, l"call there were:
AYES. NAYS: ABSENT:
X BALMER
X DICKSON
X ERDAHL
X LYNCH
X McDONALD
x NEUHAUSER
X PERRET
Passed and approved this 19th day of January
, 1982,
c 1,
o.u.�,��o.
ATTEST: Ma}ror
City Clerk
Reeoivod 8 Approved
The legal do altmonf
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SUPPLEMENTAL CONTRACT
to
CONTRACT FOR
RIVER CORRIDOR SEWERS
DIVISIONS 1, 2 AND 3
IOWA CITY, IOWA '
EPA Project N0. C190830 i
Dated October 1, 1919
WHEREAS, on this 2nd day of November, 1981; Martin K. Eby
Construction Co., Inc., erelnafter referred to as the Contractor, has
completed more than 9Ss of the work required by the above contract,
Including all change orders, to the satisfaction of the contractee City of
Iowa City, herein referred to as the City, and
WHEREAS, the remaining work includes the removal, replacement and
remedial measures necessary to correct certain pavement deficiencies, and
WHEREAS. the Contractor is not able to proceed with torreottan of said
deficiencies for a period of more than 60 days.
NOW, THEREFORE in consideration of the sum of Thirty-five Thousand
and 00/160 Dollars =535,000.001, payable as set forth under the terms of
the original contract, the City and Contractor hereby enter into this
supplemental contract subject to the following terms, conditions and
stipulations to -wit:
1. That.the terms of the original contract have been fulfilled except
provisionsfor fofi theies cited maintenancerbond and a applicable by both shereto statutessuDject to the
2. That the Contractor will correct said pavement deficiencies in
accordae
inwAttachmentith the aAstonthisesupplementalecifications oeothe ntract.9andl shall be
all ,. \
responsible for the satisfactory performance of the work.
3. That the City shall retain the amount of Thirty-five Thousand and .
00/100 Dollars ($35,000.00) from the amount of the original contract, for ,
the cost of 'removing and replacing defective pavement as listed in said ;
Attachment A.
4. The Contractor shall remove and replace the defective pavement as
I lsted in said Attachment A an or before duly 1, 1982, at which time, t
provided the work Is satisfactorily completed, the said amount of
Thirty-five Thousand and 00/100 Dollars (535,000.00) wi11'be paid to the -
Contractor.
i
5. Liquidated damages in the amount of One Hundred and 00/100 Dollars
onc6ompletediafter the above fdateeach calendar day the work shall remain
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6. The bond securing performance in accordance with the original
Contract shall remain In full force and effect and shall be extended to
include the wo?k under this supplemental agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands for the
purposes herein expressed, as of the x� day of ._ t✓ 1981.
CITY OF IOWA CITY, IOWA MARTIN K. EBY CONSTRUCTION CO., INC.
B"l w'4 f �QJl�l1111dQ1
Attest: Attest:
LZ
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bmled A Appsmad
Tlrai pepaMnMsN CONSENT OF S RETY
a gi igmed do hereby consent and agree that the performance and band
Iss'ued' in favor of the City of Iowa City and on the behalf of Margin K. Eby
Construction Co., Inc. shall renin in full force and effect and shall be
extended, as necessary, to include the work under this supplemental
agreement.
FEDERAL INSURANCE COMPANY
.
8y gL
Corney m act
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CEDAR RAPIDS • DES MOINES
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11648
nICR0E1LI1E0 BY
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ATTACHMENT A
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nICR0E1LI1E0 BY
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ATTACHMENT A
SUPPLEMENTAL CONTRACT
to
CONTRACT FOR
RIVER CORRIDOR SEWERS
DIVISIONS 1, 2 AND 3
IOWA CITY, IOWA
EPA Project NO. C190830
Dated October 1, 1979
Remove defective concrete
paving and replace paving
constructed in
accordance
with the
plans and specifications. Panel
size and location
are listed
below and
as shown on the accompanying drawings:
DWG
AREA
NO.
PANELS DIMENSIONS
AREATO REPLACE
TSYT
1
X-7
5 17 .x 32
60.4
16.6 x 18.8
34.7
2
X-8
4 10.3 x 73
83..6
3
X-8
1 10.6 x 17.6
20.7
4
X-9
2 10.6 x 31
36.6
5
X-10
3 11.3 x 43
54.0
3 22.8 x 12
30.4
11 x 17
20.8
4 11.5 x 64
81.8
1 7 x 10.4
8.1
2 13 x 28.5
41.2
6
X-11
2 14 x 22.5
35.0
1 13.5 x 15
22.5
1 7 x 11.5
9.0
7
X-12
2 20 x 22.5
50.0
2 10 x 22.5
25.0
8
X-13
3 7.4 x 33.4
27.3
9
X-14
2 16.6 x 22.6
41.7
10
X-15
3 15 x 29.6
49.3
13
X=18
2 16 x 20
35.6
TOTAL, SY
7T=.
11648
nICR0E1LI1E0 BY
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Certified Copy of
POWER OF ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New
York. New York, a New Jersey Corporation, has constituted and appointed. and does her by c nsti toan d appoint
W. C. Cohen, Jr., Wallace Rasbe, Paul C. Yankey, Jr., RoPberia : neOrMan, Joseph
C. Lukens and Scott Post of Wichita, Kansas ---------------------------------
each its true and lawful Attorney -in -Fad to execute under such designation in Its name and to affix Its corporate seal to and
deliver for and an Its behalf as surely thereon or otherwide, bonds of any of the fallowing classes, to -wit:
1. Bonds and Undertakings (other than Fiduciary Bonds) filed In any suit. matter or proceeding in any Court, or filed with
any Sheriff or Magistrate, for the doing or not doing of anylhiny specified in such Bond or Undertaking, in which the
penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars (5250,000.00).
2. Surety Bonds to the United States of America or any agency (hereof, Including Inose required or permitted under the
laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other Indemnity bonds under
the laws, ordinances or regulations of any State, City; Town, Village, Board or other body or organization, public or
prlvate; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds,
Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offf-
cials.
3. Bonds an behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, Caused these
Presents to be signed by its Assistant Vice -President and Assistant Secretary and its corporate seat to be hereto affixed this
1st day of January 18 81 '
FEDERAL INSURANCE COMPANY
By
AL4-
George McClellan
Assistant Vice -President
`.
Richard D. O'Connor
Assistant Secretary
STATE OF NEW JERSEY
ss:
County of Essex
On this tat day of January fg 81, before me personally came Richard D. O'Connor, to me known and by me known to
be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the
foregoing Power of Attorney and the said Richard 0. O'Connor being by me duly sworn, did depose and say that he Is As-
sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to
the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Com-
pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted
with George McClellan and knows him to be Assistant Vice -President or said Company, and that the signature of said George
McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto
subscribed by authority of said By -Laws and in deponent's presence.
��..� Acknowledgedand Sworn tobeforome
/,GTA on the date above written.
�l PSPR y�
rloTaer
ifs PUBCICr Notary Public
�/
i � PATRICIA RYAN'\W J ERSi NOTARY PUDLIC OF NEW JERSEY
fly Commission Expires December 11. 19 83
Farm 21.10408 (Ed. 2.78)(dmnx11 1.2971131204) ...
I MICROFILMED BY
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JORMMICRbL AB- �
I CEDAR RAPIDS • DES MOINES
SHORT HILLS. N.J. '
Cour as.
ty of Essex
I. the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is
a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended
May 27. 1971 and that this By -Law is in full force and effect.
"ARTICLE XVIII.
Section 2. All bonds, untlertakings, contracts and other instruments other than as above for and on
behalf of the Company which it is authorized by law or its charter to execute, mayand shall be executed
i in the name and on behalf of the Company either by the Chairman or the Vice -Chairman or the President
or a Vice -President. jointly with the Secretary or an Assistant Secretary, under their respective designa-
tions, except that anyone or more officers or attorneys -in -tact designated in any resolution of the Board
of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section
3 below, may execute any such bond. yndertaking or other obligation as Provided in such resolution or
power of attorney.
Section 3. All Powers of attorney for and on behalf of the Company may and shall be executed in the
name and on behalf of the Company, either by the Chairman or the Vice -Chairman or the President or a
Vice -President oran Assistant Vice -President. lomdywilh the Secretary or an Assistant Secretary, under
their respective designations.
-
And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original [hereof and ,
the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been j
revoked. I
And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surely business
in each of the States of the United States of America. District of Columbia. Puerto Rico, and each of the Provinces of Canada
with the exception of Prince Edward Island: and is also duly licensed to become sole surely on bonds, untlertakings, etc..
permitted or required by law, a
Gi%Je�n untler my hand and the seal at said Company at Short Hills. N.J.. this— 2j day of
19
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Assistant Secretary
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141CROFILMED BY
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RESOLUTION NO. 82-9
RESOLUTION ACCEPTING THE NORK
FOR THE RIVER CORRIDOR SEWERS
PROJECT NO. C190830
WHFRFAS, the Engineering Department has reccunended that the im-
provement covering the River Corridor Sewers Project No. C190830
(excluding the work set out in a supplemental contract dated 12/28/81)
as included in a contract between the City of Iowa City and Martin K.
Eby Construction Co.. Inc. of Omaha. Nebraska_
dated October 1, 1979 , be accepted,
AND WHEREAS, the Council finds the improvement is in place and does
comply with the requirements for such improvements,
AND WHEREAS, maintenance bonds have been filed,
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 Perret and seconded by Dickson
that the resolution as read be a opt , and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER x
DICKSON x
ERDAHL x
LYNCH x
McDONALD x
NEUHAUSER x
PERRET x
Passed and approved this 19th day of January 1982
:1M.auL, C. A
Mayor
ATTEST:
City Clerk
Received & Approved
PY TAN layai Department
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-5000
ENGINEER'S REPORT
RIVER CORRIDOR SEWERS PROJECT NO. C190830
January 13, 1982
Honorable Mayor & City Council
Iowa City
Iowa
Dear Honorable Mayor & Councilpersons:
It is hereby certified that the improvements as constructed in a
contract between the City of Iowa City and Martin K. Eby Construction
Company, Inc., of Omaha, Nebraska, dated October 1, 1979, have been
completed by said contractor in substantial accordance with the plans
and specifications governing said improvements, except that work set
out in a supplemental contract dated December 28, 1981.
It is hereby recommended that the above mentioned improvements be
accepted by the City of Iowa City.
Respectfully submitted,
Charles d.'Schmadeke, P.E. W. Kim
Director of Public Works Veenstra & Kimm, Inc.
CJS/JP
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I141CROrIL14ED BY
JORM, M1CR#LjA8--
CEDAR RAPIDS - DES MONESS
RESOLUTION NO. _82_I_O_
RESOLUTION ADOPTING THE AMENDED IOWA CITY NEIGHBORHOOD REDEVELOPMENT
PLAN, AS REQUIRED BY CHAPTER 403 OF THE CODE OF IOWA.
WHEREAS, the City of Iowa City, Iowa, is empowered pursuant to Chapter 403, Code
of Iowa, to formulate a program for utilizing appropriate private and public
resources to eliminate slums and prevent the development or spread of urban
blight and to encourage urban rehabilitation; and
WHEREAS, the Iowa City Neighborhood Redevelopment Area for the Community
Development Block Grant Program has been found to be in need of conservation,
rehabilitation and redevelopment, to prevent urban decay and the spread of
blight; and
WHEREAS, a project area has been designated as appropriate for such
conservation, rehabilitation and redevelopment; and
WHEREAS, the City of Iowa City in 1977 developed a plan for the conservation,
rehabilitation and redevelopment of this project area; and
WHEREAS, the boundaries of said plan need to be extended in order to effectively
carry out the redevelopment plan, Ind -this extension is shown on the attached
map which by this reference is made a part hereof; and
WHEREAS, said plan has been reviewed by the Iowa City Planning and Zoning
Commission and has been found to be in conformance with the Comprehensive Plan
for Iowa City; and
WHEREAS, the City of Iowa City has held a public hearing on the redevelopment
plan and its extended boundaries.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, that
the amended Iowa City Neighborhood Redevelopment Plan be adopted, and it is
hereby found by the City Council that:
1. A feasible method exists for relocating persons and families who may be
displaced from the neighborhood redevelopment area into decent, safe and
sanitary dwelling accommodations within their means and without undue
hardship to such persons and families, and
2. The Neighborhood Redevelopment Plan conforms to the Comprehensive Plan for
Iowa City, Iowa.
96
141CROFIL14ED BY \'
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CEDAR RAPIDS • DES MOIYES �
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It was moved by McDonald and seconded by 'Balmer
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
—X— Dickson
Erdahl
�C— Lynch
McDonald
X— Neuhauser
Perret
Passed and approved this 19th- day of January , 1982.
C • �.aon
MAYOR
a
ATTEST:
CITY CLERK 1
Wd and A
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1.LOWER .RALSTON CREEK
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' 2. IOWA AVENUE
3. NORTH DODGE
4. CREEKSIDE
Boundary of Redevelopment
Area
%'m Extension
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CITY OF
IOWA CITY_
_V
RESOLUTION NO.
RESOLUTION ADOPTING THE AMENDED IOWA CITY NEIGHBORHOOD REDEVELOPMENT PLAN, AS
REQUIRED BY CHAPTER 403 OF THE CODE OF IOWA.
WHEREAS, the City of Iowa City, Iowa, is empowered pursuant to Chapter 403, Code
of Iowa, to formulate a program for utilizing appropriate private and public
resources to eliminate slums and prevent the development or spread of urban
blight and to encourage urban rehabilitation; and %
WHEREAS, the Iowa City Neighborhood Redevelopment Area for the Community
Development Bloyyk Grant Program has been found to be in need of conservation,
rehabilitation ari redevelopment, to prevent urban dec and the spread of
blight; and
WHEREAS, a project ea has been designated s appropriate for such
conservation, rehabilita�'on and redevelopment; and
WHEREAS, the City of Iowa it in 1977 develop a plan for the conservation,
rehabilitation and redevelopme t of this projec area; and
WHEREAS, the boundaries of said p an need to a extended in order to effectively
carry out the redevelopment plan; a d
WHEREAS, said plan has been review d the Iowa City Planning and Zoning
Commission and has been found to be i onformance with the Comprehensive Plan
for Iowa City; and
WHEREAS, the City of Iowa City has eld public hearing on the redevelopment
plan and its extended boundaries.
NOW, THEREFORE, BE IT RESOLVED by he City Cou cil of the City of Iowa City, that
the amended Iowa City Neighbor ood Redevelop ent Plan be adopted, and it is
hereby found by the City Council that:
1. A feasible method exist for relocating per ons and families who may be
displaced from the nei borhood redevelopment area into decent, safe and
sanitary dwelling acc mmodations within thei means and without undue
hardship to such perso s and families, and
2. The Neighborhood Red velopment Plan conforms to the Comprehensive Plan for
Iowa City, Iowa.
It was moved by and seconded by the
Resolution be adopted, nd upon roll call there were:
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_ Balmer
_ Dickson i
_ Erdahl
_ Lynch
�— McDonald
I Neuhauser
Perret
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Passed and approved this day of
ATTEST:
CITY CLERK
MAYOR
Received P. Approved
By The Legal Department
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RESOLUTION NO. 82-11
RESOLUTION ESTABLISHING INCOME LIMITS FOR THE IOWA CITY HOUSING
AUTHORITY, PUBLIC HOUSING PROGRAM.
WHEREAS, on December 17, 1981, the Department of Housing and Urban
Development recommended the revision of an initial income limit schedule
for tenant admission to public housing, and
WHEREAS, the City of Iowa City desires to comply with the regulations of
the Department of Housing and Urban Development, and
WHEREAS, the Department of Housing and Urban Development has requested the
Iowa City Housing Authority to adopt a resolution approving the schedule
for tenant admission to public housing set forth below:
Category Admission
1 person $12,000
2 persons $13,700
3 persons $15,450
4 persons $17,150
5 persons $18,200
6 persons $19,300
7 persons $20,350
8 or more $21,450
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
that the above -revised initial income limit schedule for tenant admission
to public housing for the Iowa City Housing Authority, Public Housing
Program, be approved for implementation effective January 1, 1982.
It was moved by Perret and seconded by Erdahl the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
x_ Erdahl
�— Lynch
McDonald
x Neuhauser
x Perret
Passed and approved this 19th day of January 1982.
MAYOR
b
ATTEST:
CITY CLERK
Reeofvod & Approv,?r<
B Tho lc5al Roportmanf
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(11-68)
EXTRACT FROM MINUTES OF MEETING
EXTRACT FROM THE MINUTES OF A regular
MEETING OF THE City Council
OF THE City of Iowa City
HELD ON THE 19th DAY OF January 19 82
The City Councilof the City of Iowa City,
met in a regular meeting at
the Civic Center in the City of
Iowa City Iowa , at the place, hour,
id date duly established for the holding of such meeting.
The Mayor called the meeting to order and on roll cell the
:31loving answered present:
Balmer
Dickson
Erdahl
Lynch
McDonald
Neuhauser
Perret
L.
I
1d the following were absent:
None ,
The Mayor declared a quorum present.
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i 13978-F nLL9 OOVERNMEN7 PRIN7INOOFiICE: 1077-]OSAA/PB
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The following resolution was introduced by Mayor �
; read in full and considered:
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Perret moved that the foregoing resolution be
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adopted as introduced and read, which motion was seconded by Erdahl
and upon roll call the "Ayes" and "Nays" were as follows:
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AYES NAYS
None 1
Neuhauser
Perret I
Balmer j
Dickson
Erdahl
Lynch
McDonald
The Mayor
said resolution adopted.
thereupon declared said motion carried and
_44
There being no further business to come before the meeting upon motion duly mr,le
and seconded, the meeting was adjourned,
1 ,
There being no further business to come before the meeting upon motion duly mr,le
and seconded, the meeting was adjourned,
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HUD -9011
(I1 68)
CERTIFICATE OF RECORDING OFFICER
I, Abbie Stolfus , the duly appointed, qualified
and acting City Clerk of the City of Iowa City, Iowa r
4
do hereby certify that the attached extract from the
minutes of the January 19th meeting of the City Council
of the City of Iowa City , held on 19th day of January, 1982,
is a true and correct copy of the original minutes of such meeting on file and of
record in so far as they relate to the matters set forth in the attached extract,
and I do further certify that each Resolution appearing in such extract is a true
and correct copy of a Resolution adopted at such meeting and on file and of record.
i
IN TESTIMONY WEEREOF, I have hereunto set my hand and the seal of said City
of Iowa City this 19th day of January 19 82 .
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GENERAL CERTIFICATE
I, Abbie Stolfus, DO HEREBY CERTIFY as follows:
1. That I am the duly appointed, qualified, and acting City Clerk of
the City of Iowa City (herein called the "Local Agency"). In such capacity,
I am custodian of its records and am familiar with its organization,
membership, and activities.
2. That the proper and correct corporate title of the Local Agency is
the City of Iowa City, Iowa.
3. That the City of Iowa City, Iowa, was duly created pursuant to the
es of
authority the Act of the Legislaturetin the laws Statehe
lawsof Iowa of 1838-1839at
particularlyly ,day
page 435, and was duly organized on the 4th s o ontinued8to exist and ywithout
nce the
date of its organization, the Local Agency has
interruption in the performance of its public corporate purposes.
4. That the names and dates of election or appointment, and the dates
of the beginning and ending of the terms
off it principal fithe
off vers are of the
governing body of the Local Agency and
as
follows:
DATE OF DATE OF COM- DATE OF EXPIRA-
ELECTION OR MENCEMENT OF TION OF TERM
NAME & OFFICE (s) APPOINTMENT TERM OF OFFICE OF OFFICE
i
Mary Neuhauser1/4/82 1/4/82 1/2/84
Mayor 1/2/80 1/2/84
Councilmember 11/6/79
David Perret1/4/8P 1/2/84 a
Mayor Pro tem 1/4/82 1/2/80 1/2/84•
Councilmember 11/6/79 1
John Balmer1/2/80 1/2/84
Councilmember 11/6/79
Kate Dickson1/2/82 1/2/86
Councilmember 11/3/81
Clemens Erdahl1/2/8P 1/2/86
Councilmember 11/3/81
Lawrence Lynch1/2/80 1/2/84
Councilmember 11/6/79
John McDonald1/2/82 1/2/86
Councilmember 11/3/81
Neal Berlin1/14/75 1/14/75 Indefinite
City Manager
Robert W. Jansen 6/30/81 1/2/82 1/2/84
City Attorney
Abbie Stolfusg/1/70 1/2/92 1/2/84
City Clerk
5. Each of the above-named officers required to do so has duly taken
and filed his oath of office and each of them legally required to give bond or
undertaking has filed such bond or undertaking in form and amount as required
by law and has otherwise duly qualified to act in the official capacity above
designated, and each is the acting officer holding the respective office or
offices stated beside his name.
6. None of the above-named officers is ineligible to hold or
disqualified from holding, under the provisions of applicable law, the
respective office, specified above, which he holds.
7. None of the above-named Councilpersons is an officer or employee of
the City of Iowa City, Iowa.
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Ger^11 Certificate
8. Since January 4, 1982, there have been no changes in or amendments
to the charter, by-laws, ordinances, resolutions, or proceedings of the Local
Agency with respect to;
a) The time and place of and other provisions concerning regular
meetings of the Local Agency;
b) The provisions concerning the calling and holding of special
meetings of the Local Agency and the business which may be
taken up at such meetings;
c) The requirements concerning a quorum;
d) The manner in which the charter or by-laws of Local Agency may
be amended;
e) The requirements regarding the introduction, passage,
adoption, approval, and publication of resolutions,
ordinances, or other measures, relating to the approval and
execution of contracts and the authorization, award,
execution, or issuance of bonds, notes, or other obligations
of the Local Agency;
f) The officers required to sign, countersign, or attest
contracts, bonds, notes, or other obligations of the Local
Agency;
g) The office of the Local Agency; or
h) The'seal of the Local Agency.
On January 2, 1976, the City Council adopted a Home Rule Charter
for the City of Iowa City, Iowa. Said Charter was passed according and
pursuant to State law.
9. The seal impressed below, opposite my signature, is the duly
adopted, proper, and only official corporate seal of the Local Agency.
IN WITNESS WHEREOF, I have hereunto set my hand nd the duly adopted
official seal of the Local Agency this day ,
19_x.
k •t/
ABBI 5 OLF S
CITY CLERK
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RESOLUTION NO. 82-1p
RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL
CONTRIBUTIONS CONTRACT AND GENERAL DEPOSITARY AGREEMENT
WHEREAS, the Iowa City Housing Authority (herein called the "Local Authority")
proposes (1) to enter into a contract (herein called the "Consolidated Annual
Contributions Contract") with the United States of America (herein called the
"Government"); and (2) to enter into an agreement (herein called the "General
Depositary Agreement") with The First National Bank (which is a member of the
Federal Deposit Insurance Corporation and is herein called the "Bank"); all with
respect to any "Project" as defined in the Consolidated Annual Contributions
Contract and which at any time now or hereafter is incorporated under the terms
of such Contract.
BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLOWS:
Section 1. The Consolidated Annual Contributions Contract is substantially the l'
form `ofntract hereto attached and marked "Exhibit A" is hereby approved and
accepted both as to form and substance and the Mayor or Mayor Pro Tem is hereby
authorized and directed to execute said Contract in two copies on behalf of the
Local Authority, and the City Clerk is hereby authorized and directed to impress
and attest the official seal of the Local Authority on each such counterpart and
to forward said executed counterparts, or any of them, to the Government
together with such other documents evidencing the approval and authorizing the
execution thereof as may be required by the Government.
Section 2. The General Depositary Agreement in substantially the form of
agreement hereto attached and marked "Exhibit B" is hereby approved and accepted i
both as to form and substance and the Mayor or Mayor Pro Tem is hereby authorized
and directed to execute said Agreement in two copies on behalf of the Local
Authority, and the City Clerk is hereby authorized and directed to impress and
attest the official seal of the Local Authority to each such counterpart, and to
foward three executed counterparts thereof to the Government, together with such
other documents evidencing the approval and authorizing the execution thereof as
may be required by the Government.
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Section 3. Whenever the following terms, or any of them, are used in this
Resolution, the same, unless the context shall indicate another or different
meaning or intent, shall be construed, and are intended to have meanings as
follows:
(1) The term "Resolution" shall mean this Resolution.
(2) All other terms used in this Resolution and which are defined in the
Consolidated Annual Contributions Contract shall have the respective
meanings ascribed thereto in the Consolidated Annual Contributions
Contract.
Section 4. This Resolution shall take effect immediately.
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It was moved by Balmer and seconded by Dickson
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
�— Dickson
A— Erdahl
X Lynch
A— McDonald
x Neuhauser
X Perret
Passed and approved this 19th day of Jan�u�aryp 1982.
idg�
MAYOR
ATTEST: &i' '� W
CITY CLERK
Rieceivnd & Aprrov.2,
Py Yho Legal De-palfmonl
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EXHIBIT A
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
Moderate Rehabilitation
PART I OF THE
ANNUAL CONTRIBUTIONS CONTRACT
Master Section 8 ACC Number KC -9033
ACC Part I Number KC -9033
1.1 The Program
(a) Projects within Program. The Moderate Rehabilitation Program under this
ACC Part I includes all Projects listed in Exhibit I. The PHA, to the
maximum extent feasible, shall enter into Agreements and Contracts in
accordance with the numbers and sizes of units in each project specified
in Exhibit I. No substantial deviation as defined by HUD from the bedroom
distribution or number of units in each project is allowed without prior
HUD approval. The PHA shall not enter into any Agreements or Contracts or
take any other action which will result in a claim for an Annual
Contribution in respect to any Project in excess of the maximum amount
authorized for that Project.
(b) Meaning of "Project" as Used in Master ACC and Part II. For purposes of
this Part I the term "Project" wherever used in the Master Section 8 ACC
and in Part II shall mean each Project in the Moderate Rehabilitation
Program.
1.2 Authorization of Actions by PHA. In order to carry out the Project, the PHA is
authorized to (a) enter into Agreements, (b) enter into Contracts, (c) make
housing assistance payments on behalf of Families and (d) take all other
necessary actions, all in accordance with the application, forms, conditions
and requirements prescribed or approved by HUD. However, neither the PHA nor
HUD shall assume any obligations beyond those provided in the prescribed forms
of Agreement and Contract.
1.
1.3 Term of Contract and ACC
(a) Term of Contract. The total Contract term for any unit, including new
Contracts for replacement units in accordance with Section 1.9, is 15
years or the remaining term of the ACC, whichever is less. If the
rehabilitation being done under any Contract is to be completed in stages,
the total Contract term for all the stages, beginning with the effective
date of the Contract with respect to the first stage, shall not exceed 17
years from the effective date of the ACC for the applicable Project.
(b) Term of ACC. The ACC shall remain in effect for 17 years from the
effective date of the most recent project listed in Exhibit I. Annual
Contributions may be made for each project for a maximum of 17 years from
that project's effective date, but not more than 15 years for any unit.
Accordingly, the Contract(s) for all units in any project, other than
replacement units, must be executed within two years of the effective date
of that Project under the ACC to qualify for the 15 year term.
Previous Editions Obsolete Page 1 of 5 HUD -52520B (SUPP)(10/79)
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1.4 Annual Contributions
(a) Notwithstanding any other provisions of this ACC (other than paragraph (c)
of this Section) or any provisions of any other contract between HUD and
to
nual
the PHA, HUD enthall withsot be respectbtogasydFiscalkYearyinsexcessoofrthetions or
Maximum
any other payment
Annual Contribution Contract Commitment for each project specified in
Exhibit 1. However, this amount shall be reduced commensurately with any
reduction in the number of Contract Units or changes in unit sizes or
pursuant to any other provision of this ACC or the Contracts.
(b) Subject to the maximum dollar limitation in paragraph (a) of this Section,
HUD shall pay for each Fiscal Year an Annual Contribution to the FHA in
respect to each Project in an amount equal to the sum of the following
(subject to reduction by the amount of any Project Receipts other than
Annual Contributions (such as interest income) which Receipts shall be
available for Project Expenditures):
(1) The amount of housing assistance payments payable during each Fiscal
Year (see Section 1.5) by the PHA pursuant to the Contracts, as
authorized in Section 1.2.
(2) The allowance, in the amount approved by HUD, for preliminary costs
of administration.
ed by
he
costs
(3) e administrations including amount the costsvof HUD Hrequiredtaudits of Owners
ofOwners
and the -PHA.
ents
on a timely
(c) basissstoe cover housing
increasesassistance
ContractmRentswill
decreasesincreased
To in Gross Family
Contributions:
(1) A Project Account shall be established and maintained for each
Project under this ACC, in an amount as determined by HUD consistent
with its responsibilities under Section 8(c)(6) of the Act, out of
amounts by which the Maximum ACC Commitment per year exceeds amounts
paid under the ACC for each Project for any year. This account shall
be established and maintained by.HUD as a specifically identified and
segregated account. To the extent funds are available in this
account, the maximum Annual Contribution otherwise payable for any
Fiscal Year may be increased by an amount, if any, as may be required
for increases reflected in the estimate of required Annual
Contribution applicable to the Fiscal Year as approved by HUD in
accordance with Section 2.11. Any amount remaining in the account
after payment of the last Annual Contribution with respect to the
Project shall be applied by HUD in accordance with law.
(2) Whenever the 110 approved estimate of 'the required Annual
Contribution for any Project exceeds the Maximum ACC Commitment then
in effect, causing the amount in the Project Account to be less than
an amount equal to 40 percent of the Maximum ACC Commitment for the
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Project, HUD shall, within a reasonable period of time, take the
additional steps authorized by Section 8(c)(6) of the Act as may be
necessary to carry out this assurance, including (as provided in that
section of the Act) "the reservation of annual contributions
authority for the purpose of amending housing assistance contracts or
the allocation of a portion of new authorizations for the purpose of
amending housing assistance contracts."
(d) HUD will make periodic payments on account of each Project upon
requisition by the PHA in the form prescribed by HUD. Each requisition
shall include certifications by the PHA that housing assistance payments
have been or will be made only:
(1) In accordance with the provisions of the Contract as the provisions
apply to (i) units under lease by Families and (ii) units not under
ilease by Families, and
j (2) With respect to units which the PHA has inspected or caused to be
(I inspected .and determined to be in decent, safe and sanitary
! condition, pursuant to Section 2.4 of this ACC, within one year prior
to the making of housing assistance payments.
(e) Following the end of each Fiscal Year, any amount by which the total
1 payments made during that Fiscal Year exceed the Annual Contribution
payable in accordance with this section will be subtracted from the next
payment made by HUD to the PHA, unless other disposition is approved or
required by HUD.
1.5 Fiscal Year. The Fiscal Year for the Program shall be the Fiscal Year
established by Section 0.3 of this ACC. However, the first Fiscal Year for any
Project shall be the period beginning with the effective date of the Project
identified in Exhibit I to this ACC and ending on the last day of the
established Fiscal Year which is not less than 12 months nor more than 23
months after the effective date." If the first Fiscal Year exceeds 12 months,
the Maximum ACC Commitment shall be adjusted by the addition of the pro rata
amount applicable to the period of operation in excess of 12 months.
1.6 Periodic Adjustment of Contract Rents. The Contract will provide for periodic
adjustments in the Contract Rents chargeable by the Owner and commensurate
increases in amounts of housing assistance payments, in accordance with
applicable HUD regulations, up to the maximum amount authorized for housing
assistance payments in the HUD approved estimate submitted pursuant to Section
2.11.
1.7 Equal Opportunity Housing Plan. Administrative Plan and Application. The PHA
shall comply with all provisions of its Equal Opportunity Housing Plan,
Administrative Plan and Application, each as approved by HUD.
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1.8 Expeditious Carrying Out of Project. The PHA shall proceed expeditiously to
implement the Program consistent with the rehabilitation and leasing schedule.
If the PHA fails to proceed expeditiously, HUD, after giving the PHA and
Owners, where appropriate, reasonable opportunity to take corrective action,
may terminate or reduce its obligation under this ACC Part I with respect to
the Project.
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1.9 Assistance to EliRi—e Families When Contracts ^` Terminated. When the
Contract for any unit(s) is terminated for any reason, leaving Contract
Authority available under this ACC, the assisted family(ies) if eligible for
continued assistance, or other eligible family(ies) if the unit(s) is vacant,
may continue to receive housing assistance for the remainder of the 15 year
term in accordance with HUD regulations through the conversion of the Moderate
Rehabilitation unit(s) allocation to Existing Housing. The PITA shall issue the
Family a Certificate of Family Participation, assist it in finding a suitable
rental unit, and comply with all applicable HUD regulations and rules.
1.10 Responsibility for Administration of Contract. The PHA is primarily
responsible for administration of the Contracts, subject to review and audit by
HUD.
!teca!\,Rd r.. ApprOvei
C.,la/lUj�//[{�,�tn�ntt!
BY l/ayA C L/LQJ1 L1J�11I OA
Mar C. Neuhauser, Mayor
(Official Title)
Date
United States of America
Secretary.of Housing and Urban Development
Des Moines Service Office
/ Jerr Dauer, Supervisor
(Official Title)
Date /— "-7.3 — 2 a—
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i EXHIBIT I
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Number of ACC List Number Maximum ACC Commitment '
1
Units by and Contract Budget
Project Number Bedroom Size 'Date of Approval Authority Authority Effective Date
1. IA05-KO22-001 0 KC -82-051 $136,080 $2,041,200 January 1, 1982
1 1JJ
2 - 20 1
3 - 10
_ 4
Total .30
0
1 w ,
Total -
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3.
4 kE
Total
4. 0
i 2
3 �.
4 r$
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Total $ }
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U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
Terms and Conditions Constituting Part II of the
Annual Contributions Contract I
EXISTING HOUSING AND MODERATE REHABILITATION
i
�I Master Section 8 ACC Number KC -9033 -
2.1. Definitions.
(a) With the exception of paragraphs (b) and (c), the applicable Section 8
regulations shall define the terms used in this ACC. i
(b) "Project Receipts" with respect to each Project means the Annual
Contributions payable under this ACC and all other receipts under this ACC,
if any, accruing to the PHA from, out of, or in connection with the
Project.
(c) "Project Expenditures" with respect to each Project means all costs
allowable under Part I of this ACC, with respect to the Project. ,
2.2. LOWER-INCOME HOUSING USE: COMPLIANCE WITH ACT, REGULATIONS, AND HUD -PRESCRIBED
' FORMS.
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The PHA shall- use the Annual Contribution.solely for the purpose of providing
decent, safe and sanitary dwellings for Families in compliance with all
applicable provisions of the Act and all related regulations issued from time.to
time. The PHA also agrees to use all HUD -prescribed forms including the
Agreement and Contract, l
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2.3. ELIGIBILITY AND AMOUNT OF HOUSING ASSISTANCE PAYMENTS.
(a) The PHA shall comply with the Income Limits established by HUD and with the
requirements of HUD pursuant to Section 8(c)(7) of the Act that at least 30
percent of the Families assisted in all its Projects under its Master
Section 8 ACC shall be Very Low -Income Families.
(b) The PHA shall comply or assure compliance with the schedules and criteria
established by HUD with respect to the amounts of housing assistance
payments made on behalf of Families.
(c) The PHA shall make or cause to be made periodic reexaminations of the
income, composition, and extent of exceptional medical or other unusual
expenses of Families for whom housing assistance payments are being made,
for the purpose of confirming or adjusting, in accordance with the
applicable schedules established by HUD, the amount of rent payable by the
Family and the amount of housing assistance payment.
(d) The PHA shall determine, as part of its annual inspection and at such other
times as it deems appropriate, whether an adjustment is required in the
Allowance for Utilities and Other Services applicable to the dwelling unit.
If the PHA determines that an adjustment should be made, the PIMA shall
Presiout Edition; Obsolete Page 1 of 14 IMUD-52520C (SUPP)(10/79)
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"This provision is included pursuant to the regulations of HUD
issued under Title VI of the Civil Rights Act of 1964, and
Executive Order 11063 and the HUD requirements pursuant to the
regulations. The obligation of the Owner to comply with these
requirements inures to the benefit of the United States of America,
HUD, and the PHA, any of which shall be entitled to invoke any
remedies available by law to redress any breach thereof or to
compel compliance therewith by the Owner."
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prescribe the amount of the adjustment and notify the Owner and Family
J
accordingly, and the PHA shall cause the Owner to make a corresponding
adjustment in the amount of rent to be paid by the affected Family, and
change the amount of housing assistance payment.
1
(e)
Prior to the approval of eligibility of a Family by the PHA and
thereafter on the date established for each reexamination of the status •,
of the Family, the PHA shall review or cause to be reviewed a written
1I
application, signed by a responsible member of the Family. This
application shall set forth all data and information necessary for a
7
determination of the amount, if any, of housing assistance payment which
can be made with respect to the Family,
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2.4. INSPECTION.
i
(a)
The PHA shall require, as a condition for the making of housing
�.
assistance payments, that the Owner maintain the assisted dwelling units
f
and related facilities in decent, safe, and sanitary condition.
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(b)
The PHA shall inspect or cause. to be inspected dwelling units and
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related facilities prior to commencement of occupancy by Families, and
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thereafter at least annually, to assure that decent, safe, and sanitary
housing accommodations are being provided and that the agreed -to
services are being furnished.
2.5. NONDISCRIMINATION IN HOUSING.
ii
(a)
The PHA .,shall comply with all ... requirements imposed by Title VI of the
i
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Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq.; the HUD regulations
issued thereunder, 24 CFR, Subtitle A, Part 1; the HUD requirements
°
pursuant to these regulations; and Executive Order 11063, so that in
`
accordance with that Act, the regulations and requirements of HUD, and
Executive Order 11063, and implementing regulations, no person in the
!j
United States shall on the ground of race, color, creed, religion, or
national origin, be excluded from participation in, or be denied the
benefits of, the Housing Assistance Payments Program, or be otherwise
subjected•to-discrimination:- The -PHA shall, by contractual requirement,
covenant, or other binding commitment, assure the same compliance on the
part of any subgrantee, contractor; subcontractor, transferee, successor
in interest, or other participant in the program or activity, such
commitment to include the following clause:
"This provision is included pursuant to the regulations of HUD
issued under Title VI of the Civil Rights Act of 1964, and
Executive Order 11063 and the HUD requirements pursuant to the
regulations. The obligation of the Owner to comply with these
requirements inures to the benefit of the United States of America,
HUD, and the PHA, any of which shall be entitled to invoke any
remedies available by law to redress any breach thereof or to
compel compliance therewith by the Owner."
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(b) The PHA shall comply with all requirements imposed by Title VIII of the
Civil Rights Act of 1968, and any related rules and regulations.
(c) The PHA shall not, on account of creed or sex, discriminate in the sale,
leasing, rental or other disposition of housing or related facilities
(including land) included in any Project or in the use or occupancy of
it, nor deny to any Family the opportunity to apply for such housing,
nor deny any eligible applicant the opportunity to lease or rent any
dwelling in any such housing suitable to its needs. No person shall
automatically be excluded from participation in or be denied the
benefits of the Housing Assistance Payments Program because of i
membership in a class such as unmarried mothers, recipients of public
assistance, handicapped persons, etc.
(d) In accordance with any rules and regulations issued by HUD pursuant to
Section 504 of the Rehabilitation Act of 1973, as amended, the PHA (1)
shall not discriminate against any person on the basis of handicap and
(2) shall cause to be incorporated into all contracts executed in
connection with this Project a provision requiring compliance with rules
and regulations issued pursuant to Section 504.
2.6. EQUAL EMPLOYMENT OPPORTUNITY.
(a) (1) The PHA shall not discriminate against any employee or applicant for
employment because of race, color, creed, religion, sex, handicap or
national origin. The PHA shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, ..without. regard to race, color, creed, religion, sex,
handicap or national origin. 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. (2) The PHA agrees to post in conspicuous
places, available to employees and applicants for employment, notices to
be provided by HUD setting forth the provisions of this non-
discrimination clause. The PHA will in all solicitations or
advertisements for employees placed by or on behalf of the PHA state
that all qualified applicants will receive consideration for employment
without regard to race, color, creed; religion, sex, handicap or
national origin. The PHA will incorporate the foregoing requirements of
this paragraph in all of its contracts for project work, except
contracts for standard commercial supplies or raw materials, apd will
require all of its contractors for such work to incorporate such
requirements in all subcontracts for Project work.
(b) 1/(1) The PHA shall incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in
the regulations of the Secretary of Labor at 41 CFR, Chapter 60, which
is to be performed pursuant to this contract, the following Equal
Opportunity clause:
1/ Only applicable to construction contracts more than $10,000.
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"EQUAL EMPLOYMENT OPPORTUNITY"
During the performance of this contract, the contractor agrees as
follows:
(A) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, creed, sex,
or national origin. 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, creed,
sex, or national origin. 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 PHA setting forth the provisions of this non—
discrimination 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, religion, creed, sex, or national origin.
(C) The contractor will send to each labor union or representative of
workers with which he has:a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said
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 comply 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 rules,
regulations, and orders of the Secretary of .Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by HUD and
the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(F) In the event of the contractor's noncompliance with the
nondiscrimination clause of this contract or with any of the said 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 contracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor or as otherwise provided
by law.
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(G) The contractor will include the portion of the sentence immediately
preceding Paragraph (A) and the provisions of Paragraphs (A) through (G)
in every subcontract or purchase order unless exempted by the 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 subcontractor or
purchase order as may be directed by the Secretary of Labor as a means
of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the Government, the contractor may request
the United States to enter into such litigation to protect the interests
of the United States."
(2) The PHA agrees that it will assist and cooperate actively with HUD and
the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the Equal Opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will
furnish HUD and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will
otherwise assist HUD in the discharge of HUD's primary responsibility
for securing compliance.
(3) The PHA further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order No. 11246
of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and Federally
assisted construction contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation of the Equal
Opportunity clause as may be imposed upon contractors and subcontractors
by HUD or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order.
2.7. TRAININGI EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER
INCOME PERSONS. 2
(a) The project assisted under this ACC is,subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1966, as amended,
12 U.S.C. 1701u. Section 3 requires that, to the greatest extent
feasible, opportunities for training and employment be given lower
income residents of the Project area and contracts for work in
connection with the Project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in, the
area of the Project.
(b) Notwithstanding any other provision of this ACC, the PHA shall carry out
the provisions of Section 3 and the regulations issued by HUD as set
forth in 24 CFR, Part 135 and all applicable rules and orders issued
2/ Only applicable to work done under an Agreement or Contract if the Contract
Rents under the Contract, over the maximum term of the Contract, are more than
$500,000.
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thereunder prior to the execution of this ACC. The requirements of the
regulations include but are not limited to development and
implementation of an affirmative action plan for utilizing business
concerns located within or owned in substantial part by persons residing
in the area of the Project; the making of a good faith
effort,
aas
defined by the regulations, to provide training,employment,
nd
business opportunities required by Section 3; and incorporation of the
"Section 3 clause" specified by Section 135.20(b) of the regulations in
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all contracts for work in connection with the Project. The PHA i
certifies and agrees that it is under no contractual or other disability
which would prevent it from complying with these requirements.
(c) Compliance with the provisions of paragraph (b) prior to approval by HUD
of the application for this ACC shall be a condition of the Federal i
financial assistance provided to the Project, binding upon the PHA, its
successors and assigns. Failure to fulfill these requirements shall
subject the PHA, its contractors and subcontractors, its successors, and i
assigns to the sanction specified by this ACC and to such sanctions as
are specified by 24 CFR, Section 135.135 or any successor provisions.
(d) The PHA shall incorporate or cause to be incorporated into any contract
j pursuant to this contract such clause or clauses as are required by HUD
for compliance with its regulations issued pursuant to the Housing and
Urban Development Act, as amended. The PHA shall cooperate with HUD in i
the conducting of compliance reviews pursuant to said Acts and +
Regulations.
2.8 COOPERATION IN EQUAL OPPORTUNITY COMPLIANCE REVIEWS. 1
ThePHA shall cooperate with HUD in the conducting of compliance reviews and
complaint investigations pursuant to applicable civil rights statutes,
Executive Orders, and related rules and regulations.
2.9 RELOCATION CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT AND FLOOD `
i DISASTER PROTECTION ACT.
(a) Relocation. In the case of a project involving acquisition of real I
property by a PHA or other federally assisted state agency as defined in
the Uniform Relocation Assistance and Real Property Acquisition Policies
Act (42 U.S.C. 4601), the PHA understands and agrees that the relocation
of, and payments to, site occupants will be carried out in accordance
with all regulations and requirements of HUD and in compliance with the
requirements of the Uniform Act. The PHA warrants and agrees that such
requirements will be complied with. The PHA hereby gives the assurances
required by Section 210 of the Uniform Act. c�
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(b)
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Clean Air Act and Federal Water Pollution Control Act. 3/ The PHA shall
incorporate or cause to be incorporated, into any contract for moderate
rehabilitation, such clause or clauses as HUD requires for compliance
with the regulations issued by the Environmental Protection Agency
pursuant to the Clean Air Act, as amended, the Federal Water Pollution
Control Act, as amended, and Executive Order 11738. The PHA shall
cooperate with HUD in the conducting of compliance reviews pursuant to
these Acts and regulations.
(c) The PHA agrees to comply with HUD requirements under the Flood Disaster
Protection Act of 1973.
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2.10 LABOR STANDARDS
i
The PHA shall incorporate or cause to be incorporated into any contract for
moderate rehabilitation of nine or more assisted dwelling units, such clause
or clauses as are required by HUD for compliance with its regulations issued C
pursuant to the Copeland Act, the Davis -Bacon Act, and the Contract Work I'
Hours and Safety Standards Act. The PHA shall cooperate with HUD in the
conducting of compliance reviews pursuant to these Acts and regulations. lil
2.11 ESTIMATES OF REQUIRED ANNUAL CONTRIBUTION i l
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The PRA shall from time to time submit to HUD estimates of required
contribution at such times and in such form as HUD may require. All I!
estimates and any revisions submitted under this Section are subject to HUD
approval.
2.12 INSURANCE AND FIDELITY BOND COVERAGE
ii
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For purposes of protection against hazards arising out of or in connection
with the administrative activities of the PHA in carrying out the Project,
the PRA shall carry adequate (a) fidelity bond•coverage of its officers,
agents, or employees handling cash or authorized to sign checks or certify
vouchers and (b) insurance coverage to meet any requirements of State and
local law.
2.13 BOOKS OF ACCOUNT AND RECORDS: REPORTS ilf
(a) The PHA shall maintain complete and accurate books of account and
records, as HUD may prescribe from time to time in connection with the I'
Projects, including records which permit a speedy and effective audit,
and will among other things fully disclose the amount and the fi
disposition by the PHA of the Annual Contributions and other Project
Receipts, if any.
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3/ Only applicable if the Contract Rents, over the maximum term of the Contract,
are more than $100,000.
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(b) The PHA shall maintain its books of account and records for each Project
as separate and distinct from all other Projects and undertakings of the
PHA except as authorized -or approved by HUD. i
(c) The PHA shall furnish HUD such financial, operating, and statistical )
reports, records, statements, and documents at such times, in such form, i
and accompanied by such supporting data, all as HUD reasonably may
require from time to time.
l(d) HUD and the Comptroller General of the United States, or his duly ,
authorized representatives, shall have full and free access to the
Projects and to all the books, documents, papers, and records of the PHA I
that are pertinent to its operations with respect to financial
assistance under the Act, including the right to audit, and to make 1
excerpts and transcripts from the books and records.
(e) The PHA shall incorporate or cause to be incorporated in all Contracts
the following clauses:
"PHA AND HUD ACCESS TO PRE24ISES AND OWNER'S RECORDS. I,
(1) The Owner shall furnish information and reports pertinent only to 11
this Contract as the PHA reasonably may require from time to time. II
,
(2) The Owner shall permit the PHA or HUD or any of their duly
authorized representatives, to have access to the premises and, for i
the purpose of audit and examination, to have access to any books,
documents, papers and records of the Owner relevant to this
Contract, including the verification of information pertinent to
the housing assistance payments." E
(f) The PHA shall be responsible for engaging and paying the auditor for the
making of audits as required by HUD. HUD shall compensate the PHA under
this ACC for the cost of these audits.
2.14 DEPOSITARY AGREEMENT.. I
(a) (1) The PHA shall maintain one or more agreements, which are
collectively called the "General Depositary Agreement," with a 1
bank(s) selected as a depositary by the PRA. i
(2) The PHA may maintain one or more agreements, which are collectively I
called the "Savings Depositary Agreement," with a savings and loan I I
institution(s) or credit union(s) selected as a depositary by the
PRA for the investment of excess funds.
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(c) The PHA may withdraw monies pursuant to the Depositary Agreement only
for (1) payments pursuant to the Housing Assistance Payments Contract,
and (2) other purposes specifically approved by HUD. No withdrawals
shall, be. made except in accordance with a voucher or vouchers then on
file in the office of the PHA stating in proper detail the purpose for
which•the withdrawal is made.... i
(d) If HUD makes a determination, after notice to the PHA giving it a
reasonable opportunity to take corrective action, that the PHA is in
Substantial Default or if HUD determines that the PHA has made any
fraudulent or willful misrepresentation of any material fact in any of
the documents or data submitted to HUD pursuant to this ACC or in any
document or data submitted. to HUD as a basis for this ACC or as an
inducement to HUD to enter into this ACC, HUD shall have the right to
(1) give notice of the determination to any Depositary which holds any
monies pursuant to the Depositary Agreement and (2) require the
Depositary, on the basis of 'such notice, toy refuse to permit any
withdrawals of such monies. However, upon the curing of such Default,
HUD shall promptly rescind such notice and requirement.
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(3)
All General Depositary Agreements and Savings Depositary Agreements
are collectively called the "Depositary Agreement." All banks,
savings and loan institutions, and credit unions are collectively
called the "Depositary."
(4)
The Depositary Agreement shall be in the form prescribed or
approved by HUD for the particular type of Depositary. The
Depositary shall be, and continue to be, a member of the Federal
Deposit Insurance Corporation, the Federal Savings and Loan
Insurance Corporation, or the National Credit Union Share Insurance
7
Fund, as the case may be.
(5)
Immediately upon the execution of any Depositary Agreement, the PHA
shall furnish to HUD such executed or conformed copies as HUD may
require.
(6)
No Depositary Agreement shall be terminated except after 30 days
written notice to HUD.
(b) The
PHA shall deposit promptly with the Depository, under the terms of
the
Depositary Agreement, all Project Receipts pursuant to this ACC.
(c) The PHA may withdraw monies pursuant to the Depositary Agreement only
for (1) payments pursuant to the Housing Assistance Payments Contract,
and (2) other purposes specifically approved by HUD. No withdrawals
shall, be. made except in accordance with a voucher or vouchers then on
file in the office of the PHA stating in proper detail the purpose for
which•the withdrawal is made.... i
(d) If HUD makes a determination, after notice to the PHA giving it a
reasonable opportunity to take corrective action, that the PHA is in
Substantial Default or if HUD determines that the PHA has made any
fraudulent or willful misrepresentation of any material fact in any of
the documents or data submitted to HUD pursuant to this ACC or in any
document or data submitted. to HUD as a basis for this ACC or as an
inducement to HUD to enter into this ACC, HUD shall have the right to
(1) give notice of the determination to any Depositary which holds any
monies pursuant to the Depositary Agreement and (2) require the
Depositary, on the basis of 'such notice, toy refuse to permit any
withdrawals of such monies. However, upon the curing of such Default,
HUD shall promptly rescind such notice and requirement.
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2.15 POOLING OF FUNDS UNDER SPECIAL CONDITIONS AND REVOLVING FUND, 4/
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(a) The PHA may deposit under the terms of the General Depositary Agreement
monies received or held by the PHA in connection with any other ACC or
any administration contract or lease between the PHA and HUD.t
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(b) The PHA may also deposit under the terms of the General Depositary '
Agreement amounts necessary for current expenditures of .any other
project or enterprise of the PHA, including any project or enterprise in
which HUD has no financial interest. However, such deposits shall be
lump-sum transfers from the Depositaries of the other projects or
enterprises, and shall in no event be deposits of the direct revenues or I.
receipts of the other projects or enterprises. l
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j (c) If the PHA operates other projects or enterprises in which HUD has no
j financial interest, it may, from time to time, withdraw such amounts as
f HUD may approve from monies on deposit under the General Depositary i
Agreement for deposit in and disbursement from a revolving fund provided
for the payment of items chargeable in part to the Projects and in part
to other projects or enterprises of the PHA. However,.all deposits in
the revolving fund shall be lump-sum transfers from the Depositaries of
the related projects or enterprises and shall in no event be deposits of pil
the direct revenues or receipts.
(d) The PHA may establish
Y petty cash or change funds in reasonable amounts
from monies an deposit under the General Depositary Agreement.
(e) In no event shall the PHA withdraw from any of the funds or accounts j`•
authorized under this Section amounts for the Projects or for any other
project or enterprise in excess of the amount then on deposit in respect
to it. 7
2.16 DEFAULTS BY PRA AND/OR OWNER. I;
(a) RiRhta of Owner if PHA Defaults Under Agreement or Contract. (The
provielona Of this Paragraph (a) apply only to Moderate Rehabilitation
Projects.)
(1) If the PHA falls to comp1 with }he
Y Agreement with the Owner, or if
the Agreement is held to be void, voidable or ultra vires, or if
the power or right of the PHA to enter into the Agreement is drawn
into question in any legal proceeding, or if the PHA asserts or �.
4/ Use of this Section 2.15 is optional.
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claims that the Agreement is not binding upon the PHA for any
reason, HUD may, after notice to the PHA giving it a reasonable
opportunity to take corrective action, declare a Substantial
Default under the ACC. Where HUD so determines, it may assume the
PHA's rights and obligations under the Agreement and carry out the
obligations of the PHA under the Agreement, including the
obligation to enter into the Contract.
(2) If the PHA fails to comply with the Contract with the Owner, or if
the Contract is held to be void, voidable or ultra vires, or if the
power or right of the PHA to enter into the Contract is drawn into
question in any legal proceeding, or if the PHA asserts or claims
that the Contract is not binding upon the PHA for any reason, HUD
may, after notice to the PHA giving it a reasonable opportunity to
take corrective 'action, declare a Substantial Default under this
ACC. Where HUD so determines, it shall have the right to assume
the PHA's rights and obligations under the Contract, perform the
obligations and enforce the rights of the PHA, and exercise such
other powers as HUD may have to cure the Default. Whether or not
HUD elects to proceed in this manner, HUD shall, if it determines
that the Owner is not in default, continue for the duration of the
Contract to pay Annual Contributions for the purpose of making
housing assistance payments with respect to dwelling units under
the Contract.
(3) A11 rights and obligations of the PHA assumed by HUD pursuant to
this paragraph (a) will be returned as constituted at the time of
such return (i) when HUD is satisfied that all defaults have been
cured and, that the Project will thereafter be administered in
accordance with all applicable requirements, or (ii) when the
Contract is at an end, whichever occurs sooner.
(4) The provisions of this paragraph (a) are made with, and/or for the
benefit of, the Owner, the PHA (where it is the lender and then
only in its capacity as lender), or the Owner's other assignees, if
any, who will have been specifically approved by the PHA prior to
the assignment. If the parties are not in default, they may, to
enforce the performance of these provisions- (i) demand that HUD,
after notice to the PHA giving it a reasonable opportunity to take
corrective action, make a determination whether a Substantial
Default exists under paragraph (a)(1) or (a)(2) of this Section,
(if) if HUD determines that a Substantial Default exists, demand
that HUD take action as authorized in paragraph (a)(1) or (a)(2),
and (iii) proceed against HUD by suit at law or equity.
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(b) Rights of HUD if the PHA Defaults Under ACC A reement or Contract.
(1) If the PHA fails to comply with its obligations under any duly
issued Certificate of Family Participation or Statement of Family
Responsibility in accordance with its terms; defaults in the
performance or observance of any term, covenant, or condition of
this ACC or of any term, covenant, or condition of any Contract or
Agreement; fails in the event of any default by the Owner, to
enforce its rights under the Agreement or Contract by way of action
to achieve compliance to -the satisfaction of HUD or to terminate
the Agreement or Contract in whole or in part, as directed by HUD,
or fails to comply with the applicable provisions of
the Act and
the regulations issued pursuant thereto; HUD may, after
the PHA giving it a reasonable opportunity to take corrective
action, determine that the occurrence of any of these events
constitutes a Substantial Default under this ACC as to the Project.
Upon the occurrence of a Substantial Default with respect to any
Project, the PHA shall, if HUD so requires, assign to HUD all of
its rights and interests under the Agreement or
Contract,Contributionsncludith
ing
any funds, and HUD shall continue to pay Annual
dwelling
eitwithVered the btermsHousing
of thisAssistance
Payments
respect and of
Contracts until reassigned to the PHA.
assed by
nt to
(2) All this rightsand
(b)lwillibesof the returnedpas constitutedHat thestime of
the return (i) when HUD is satisfied that -all defaults have been
cured and that --the Project-
will
re in
uirements, bad
or(ii)swhen dthe
accordance with all applicableq
Housing Assistance Payments Contract is at an end, whichever occurs
sooner.
(c) R1 hte of PHA and HUD If Ower Defaults Under Contract.
(1) A default by the Owner under the Contract shall result if:
a. The Ower has violated or failed to comply with any provision
of, or obligation under, the Contract or of any Lease;
d an
b. The perform esomesorasallted or of his bligationseunderintention
the Contract or
under any Lease; or
c. For projects with mortgages insured by HUD, the owner has
violated or failed to comply with the regulations for the
applicable mortgage insurance program, or with the Regulatory
filed any false statement or
Agreement; or the Ower has
misrepresentation with the Federal Housing Commissioner in
connection with the mortgage insurance.
Page 12 of 14
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MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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GOVERNING BODY, OR OTHER PUBLIC OFFICIALS.
(a) Neither the PHA nor any of its contractors or their subcontractors shall
i enter into any contract, subcontract, or arrangement, in connection with
any Project in which any of the following classes of persons has an
interest, direct or indirect, during tenure or for one year thereafter:
(1) any member or officer of the PHA except those members or officers
who have an interest in the Section 8 Program by reason of their
tenancy in a Section unit, or
Page 13 of 14
-Y
(2)
Upon a determination by the PHA that a default has occurred, the
PHA shall notify the Owner, with a copy to HUD of (1) the nature of
the default, (2) the actions required to be taken and the remedies
to be applied on account of the default (including actions by the
Owner to cure the default, and, where appropriate, abatement of
housing assistance payments in whole or in part and recovery of
overpayments), and (3) the time within which the Owner shall
respond with a showing that he has taken all the actions required
of him. If the Owner fails to respond or take action to the
satisfaction of the PHA and HUD, the PHA shall have the right to
terminate the Contract in whole or in part or take other corrective
action to achieve compliance, in its discretion or as directed by
HUD.
(3)
(The provisions of this paragraph c(3) shall apply only if the PHA
is the lender.) Notwithstanding any other provisions of this
Contract, in the event HUD determines that the Owner is in default
of his obligations under the Contract, HUD shall have the right,
after notice to the Owner and the PHA giving them a reasonable
opportunity to take corrective action, to abate or terminate
housing assistance payments and recover overpayments in accordance
with the terms of the Contract. In the event HUD takes any action
under this Section, the Owner and the PHA hereby expressly agree to
recognize the rights of HUD to the same extent as if the action
were taken by the PHA. HUD shall not have the right to terminate
the Contract except by proceeding in accordance with paragraph c(2)
of this Section.
2.17 REMEDIES
NOT EXCLUSIVE AND NON -WAIVER OF REMEDIES.
The availability of any remedy provided for in this ACC or in the Contract
shall not preclude the exercise of any other remedy under this ACC or the
Contract
or under any.provisions of law, nor shall any action taken in the
exercise
-of any remedy be deemed a waiver of any other rights or remedies.
Failure
to exercise any right or remedy shall not constitute a waiver of the
right to
exercise that or any other right or remedy at any time.
2.18 INTERESTS
OF MEMBERS. OFFICERS. OR EMPLOYEES OF PHA. MEMBERS OF LOCAL
GOVERNING BODY, OR OTHER PUBLIC OFFICIALS.
(a) Neither the PHA nor any of its contractors or their subcontractors shall
i enter into any contract, subcontract, or arrangement, in connection with
any Project in which any of the following classes of persons has an
interest, direct or indirect, during tenure or for one year thereafter:
(1) any member or officer of the PHA except those members or officers
who have an interest in the Section 8 Program by reason of their
tenancy in a Section unit, or
Page 13 of 14
MICROFILMED BY I -
'1. 'JORM MICR#LAB ,
CEDAR RAPIDS • DES MOIAES I � l
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MICROFILMED BY I -
'1. 'JORM MICR#LAB ,
CEDAR RAPIDS • DES MOIAES I � l
(2) any employee of the PHA who formulates policy or who influences
decisions with respect to the Section 8 Program; or
(3) any public official, member of a governing body, or State
legislator who exercises functions or responsibilities with respect
to the Section 8 Program.
.(b) Any members of the classes described in paragraph (a), must disclose
their interest or prospective interest to the PHA and HUD, and may, with
appropriate justification, if consistent with State law, apply through
the PHA to HUD for a waiver.
(c) No person to whom a waiver is granted shall be permitted (in the
capacity as member of a class described in paragraph (a)) to exercise
responsibilities or functions with respect to an Agreement or Contract
executed, or to be executed, on his or her behalf, or with respect to an
Agreement or a Contract to which this person is a party.
(d) Notwithstanding the provisions of paragraphs (a) through (c), a PHA
responsible for the administration of the Contract may, with prior HUD
approval and pursuant to a contract between the PHA and the Owner of
existing housing or moderately rehabilitated units exercise management
and maintenance responsibilities with respect to the units covered by
Contracts.
(e) The PHA and contractors and subcontractors shall insert in all
contracts, subcontracts, and arrangements entered into in connection
with any Existing- _Housing -_:or_. Moderate, Rehabilitation Project or any
property included or planned to be included in any Project, and shall
require its contractors to insert in each of its subcontracts, the
provisions of paragraphs (a) through (e).
(f) The provisions of paragraphs (a) through (e) of this section shall not
be applicable to the Depositary Agreement, or utility service the rates
for which are fixed or controlled by a governmental agency.
2.19 INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS.
No member of or delegate to the Congress of the'United States of America or
resident commissioner shall be admitted to any share or part of this ACC or
to any benefits which may arise from it.
Page 14 of 14
. U. X. O Emmmr PaW ....... :IfH 513.,-4/4.3
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MICRON1.10 BY {
._JORM._. MICR+CA9- ._ ...i
.1 CEDAR RAPIDS •DES MOINES
HASTEa•SECTION 8 ANNUAL CONTRIBUTIONS CONT -ACT
11 ATTACHMENT A
ACC Conr.rntt Nur.4^r
Dn_te
ACC List Number
Date
Prolctt T`/^^
KC -9033
X/9/76
KC -76-048
1/2/76
Existing
KC -9033
6/17/76
KC -76-124
5/25/76•
Existing
KC -9033
7/1/76
KC -76-125
5/25/76
Existing
Kr -9033
7/1/76
KC -76-126
5/26/76
Existing
KC -9033
6/16/77
KC -77-215
5/20/77
Existing Conversion
KC -9033
7/1/78
(KC -78-120
4/20/78)
Existing
„
(KC -78-119
4/20/78)
Existing
v
(KC -76-126
5/26/78)
Existing
(K6-78-118
4/20/78)
Existing
(KC -78-086
3/29/78)
Existing
KC -9033
7/1/7.9
KC -79-146
4/23/79
Existing
KC -9033
6/26/81
KC --81-213
6/9/81
Existing '
KC -9033
1/1/82
KC -82-051
12/31/81
Mod. Rehab.
1 °141CROFILMED BY 1
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HUD -51999
Rev. 1/71
Ci
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EXHIBIT B
GENERAL DEPOSITARY AGREEMENT
THIS AGREEMENT, entered into this 12th day of January 19 82 ,
by and between Iowa City Housing Authority
(herein called the "Local Authority"), a duly organized and existing public body
corporate and politic of the City of Iowa City
and First National Bank
(herein called the "Bank"), located at 204 E. Washington St., Iowa City, Iowa
WITNESSETH:
WHEREAS, the Local Authority is undertaking the development and/or operation
of certain housing pursuant to the terms of one or more contracts which may be
amended or superseded (herein individually and collectively called the "Contract")
between the Local Authority and the United States of America (herein called the
"Government"), which projects are identified as follows:
Project No. Name of Project
IA 05-KO02-001 Section 8 - Mod Rehab.
; and
WHEREAS, under the terms of the Contract the Local Authority has agreed to
deposit certain monies received by the Local Authority in connection with the afore-
said projects with one or more banks under the terms and conditions specified in
this General Depositary Agreement and may also deposit under the terms hereof
certain amounts received in connection with any other project or enterprise of the
Local Authority, including any project or enterprise in which the Government has
no financial interest, NOW FURTHER WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the parties
hereto do agree as follows:
1. The Bank is and shall continue to be a member of the Federal Deposit In-
surance Corporation as long as this Agreement is in force and effect.
2. All monies deposited by the Local Authority with the Bank under the terms
of this Agreement shall be credited to the Local Authority in a separate account,
designated " Account"
(herein called the "Account"). All monies in the Account in excess of the amounts
insured by the Federal Deposit Insurance Corporation shall be fully and continuously
secured by the Bank by the deposit or setting aside of collateral of the types and in
the manner as is prescribed by State law for the security of public funds. Said
collateral shall at all times be of a market value at least equal to the amount of the
monies so secured.
3. The Bank shall honor any (a) check or order drawn by the Local Authority
upon the Account or (b) directive to purchase or sell securities pursuant to Para-
graph 4, if such check, order, or directive is signed on behalf of the Local Authori-
ty by an officer or member designated by resolution, a certified copy of which
resolution or certification by a proper officer of the Local Authority as to the adop-
tion of such resolution, shall be furnished by the Local Authority to the .Bank.
4. The Bank shall purchase, with monies from the Account, and sell invest-
ment securities as the- Local Authority may direct. Such securities and any other
securities which may be deposited by the Local Authority with the Bank under the
terms of this Agreement shall be considered to be a part of the Account and shall
be held by the Bank in safekeeping for account of the Local Authority until sold.
Interest on such securities and the proceeds from the sale thereof shall be deposited
in the Account upon receipt.
98
MICROFILMED BY
--- ORM MICR#Ll +
CEDAR RAPIDS • DES MOINES
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5, If the Bank receives written notice from the Government that no withdrawals
by the Local Authority from the Account are to be permitted until thereafter author- I
ized by the Government, the Bank shall not honor any check or order of the Local
Authority drawn upon the Account, or permit any withdrawal by the Local Authority
from said Account until expressly authorized so to do by written notice from the
Government.
6. The Bank is not obligated to be familiar, and shall not be charged, with
knowledge of the provisions of the Contract, and shall be under no duty to investi-
gate or determine whether any action taken by either the Local Authority or the -io
Government in respect of the Account is consistent with or is authorized by the 4
Contract or whether either the Local Authority or the Government is in default
under the provisions of the Contract. The Bank shall be fully justified in accepting
and acting upon, without investigation, any certificate or notice furnished to it
pursuant to the provisions of this Agreement and which the Bank shall in good faith
believe to have been duly authorized and executed on behalf of the party in whose
name the same purports to have been made or executed.
7. The rights and duties of the Bank under this Agreement shall not be trans-
ferred or assigned by the Bank without the prior written approval of the Local
Authority. This Agreement may be terminated by either party hereto upon sixty
days' written notice to the other party, a copy of which notice shall be promptly
furnished to the Government. The rights and duties of the Bank hereunder shall
not be transferred or assigned nor shall this Agreement be terminated during any
period in which the Bank is required to refuse to permit withdrawals from the
Account as provided in Paragraph 5.
8. This Agreement may be executed in several counterparts, each of which
shall be deemed to be an original and such counterparts shall constitute one and
the same instrument.
w
9. epositary agreement heretofore entered into between the Bank and t e
Local Authorityreference to Projects No. j
t
is hereby terminated and all
monies and securities of the uthor deposit with or held by the Bank
pursuant to the to said agreement shall con i be held for account of
- the Loca ority pursuant to and in accordance with the pro of this Gen-
e epositary Agreement.
IN WITNESS WHEREOF, the Local Authority and the Bank have caused this
Agreement to be executed in their respective names and their respective seals to
be impressed hereon and attested all as of the date and year first above written.
Iowa City Housing Authority
Local Authority
I (SEAL) {
ATTEST: By C. A
Chairman Mayor,
.i
Secretary Cit Clerk
i'7112'T IIA`0I014AL BAIN, I01r1A CITY, 10VA
!lank
(SEAL)
ATTEST: President
Sr. '1 F Cashier
NOTE: Strike paragraph 9 if not applicable.
I r,....
I
771063—P HUD—HAA, Wash., D.C.
98
MICROFILMED BY
'-JORM"MIC RAS LAB`
CEDAR RAPIDS •DES MOIRES
C E R T I F I C A T E
I HEREBY CERTIFY that a meeting of the Board of Directors of
the l'i:rst !'•ational R•prl: Bank /A national banking association/
/ a;eorgeZragiQp?orga�tjng�,Yai}d,ex3;sc�ng�undes;and::hy.,¢iztuE;_of:;t{}e_�aws
of the State of / and a member of the Federal Deposit
•Insurance Corporation, located in the County of Johnson State
of Ioi-:a , was held on the 12th day of January 19 i:2
at which the following Directors, constituting a quorum for the transaction
of business, were present:
B �r, ter, Oo7-r, 7 pdtlerr-en, Herfli.n, lfopnin, llou.--Eton, 'L c].c,
).ehTlan, (•'.i ''1'1 en, l'.oc)'-lift, dune.^.l;er, 31.rr1:
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saimotJOT4qnc,, SuTsnoTT
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141CROFIL14ED BY
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PRECEDING.
DOCUMENT
III CROP ILI.IED RY
JORM MICROLAB
CEDAR RAPIDS • OCs '•101!IES
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The account identified to Section I has been established With this bank (or treasury as applicable). All necessary
documgntation,.Including � QoWer of,altomey,7hen nscemsary, Which Will legally gamble this d"Itary_to receive
U.S. Government checks directly from the U.S. Treasury Depertmnt for deposit to:
Ioc;a Citr ?:Ouojn, huthority Section 8 I.od Rehab 010 Ohl 2
(Aeroame Name sad/or Menbed -
Withost the payee's endorsement have been received and an in this depositary's custody. This depository's
deposits ere insured by: Pedercl Depocit Insurance Corporation
(Nwe q monk er Truary) fAuau ed 11► Ce/e when ebeie e'�eeld w rtlrjl
?resident /�(.Q�7-/G f
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HUD -9012
(11-68)
EXTRACT FROM MINUTES OF MEETING
EXTRACT FROM THE MINUTES OF A regular
MEETING OF THE City Council
OF THE City of Iowa City
HELD ON THE 19th DAY OF January , 1982
- The City Council of the City of Iowa City
met in regular meeting at
I
Civic Center in the City of
Iowa City , Iowa , at the place, hour,
and date duly established for the holding of such meeting.
The Mayor called the meeting to order and on roll call the
following answered present:
Balmer
Dickson
Erdahl
j. Lynch
McDonald
Neuhauser
Perret
The Mayor declared ■ quorum present.
r r * • • a r a r r * r • • • * + •
233978-P
- OU.S OOVEflNMEM PflINTINO OFFICE:1077-7E}m7RY
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CEDAR RAPIDS • DES MOINES
I
HUD4014
111-661
The following resolution was introduced by Mayor Neuhauser
read in full and considered-,
82-12
Balmer moved that the foregoing resolution be
adopted as introduced and read, which motion was seconded by Dickson
and upon roll call the "Ayes" and "Nays" were as follows:
AYES
NAYS
Perret None
Balmer
LL Dickson
Erdahl
Lynch
McDonald
Neuhauser
The Mayor thereupon declared said motion carried and
said resolution adopted.
There being no further business to come before the meeting upon motion duly mr,le
and seconded, the meeting was adjourned.
HICROMMED BY
J
4 . -
-JOFVM MICFV+
LCEDAR RAPIDS • DES MOIYES
GENERAL CERTIFICATE
I, Abbie Stolfus, DO HEREBY CERTIFY as follows:
1. That I am the duly appointed, qualified, and acting City Clerk of
the City of Iowa City (herein called the "Local Agency"). In such capacity,
I am custodian of its records and am familiar with its organization,
membership, and activities.
2. That the proper and correct corporate title of the Local Agency is
the City of Iowa City, Iowa.
3. That the City of Iowa City, Iowa, was duly created pursuant to the
authority of the constitution and statutes of the State of Iowa including,
particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at
page 435, and was duly organized on the 4th day of July, 1839; and since the
date of its organization, the Local Agency has continued to exist without
interruption in the performance of its public corporate purposes.
4. That the names and dates of election or appointment, and the dates
of the beginning and ending of the terms of office, of the members of the
governing body of the Local Agency and of its principal officers are as
follows:
6. None of the above-named officers is ineligible to hold or
disqualified from holding, under the provisions of applicable law, the
respective office, specified above, which he holds.
7. None of the above-named Councilpersons is an officer or employee of
the City of Iowa City, Iowa.
F i=RAPIDS-
M
_y
DATE OF
DATE OF COM-
DATE OF EXPIRA-
NAME & OFFICE (s)
ELECTION OROF
APPOINTMENT
TERMEOFNOFFICE
TION OF
OF OFFICEERM
Mary Neuhauser
Mayor
Councilmember
1/4/82
11/6/79
1/4/82
1/2/80
1/2/84
David Perret
1/2/84
Mayor Pro tem
1/4/82
1/4/82
1/2/84
Councilmember
11/6/79
1/2/80
1/2/84
John Balmer
Councilmember
11/6/79
1/2/80
1/2/84
Kate Dickson
Councilmember
11/3/81
1/2/82
1/2/86
Clemens Erdahl
Councilmember
11/3/81
1/2/82
1/2/86
Lawrence Lynch
Councilmember
11/6/79
1/2/80
1/2/84
John McDonald
Councilmember
11/3/81
1/2/82
1/2/86
Neal Berlin
City Manager
Robert W. Jansen
1/14/75
1/14/75
Indefinite
City Attorney
6/30/81
1/2/82
1/2/84
Abbie Stolfus
City Clerk
9/1/70
1/2/82
1/2/84
5. Each of the
and filed his oath
above-named officers required to do so
has duly taken
of
undertaking has filed
office and each of them legally required
such bond or undertaking in form and amount
to give bond or
as required
by law and has otherwise duly qualified
designated, and is
to act in the official
capacity above
each
offices beside
the acting officer
holding the respective office or
stated
his name.
6. None of the above-named officers is ineligible to hold or
disqualified from holding, under the provisions of applicable law, the
respective office, specified above, which he holds.
7. None of the above-named Councilpersons is an officer or employee of
the City of Iowa City, Iowa.
F i=RAPIDS-
M
_y
?age 2 Genp=a1 Certificate
8. Since January 4, 1982, there have been no changes in or amendments
to the charter, by-laws, ordinances, resolutions, or proceedings of the Local
Agency with respect to:
a) The time and place of and other provisions concerning regular
meetings of the Local Agency;
b) The provisions concerning the calling and holding of special
meetings of the Local Agency and the business which may be
taken up at such meetings;
c) The requirements concerning a quorum;
d) The manner in which the charter or by-laws of Local Agency may
be amended;
e) The requirements regarding the introduction, passage,
adoption, approval, and publication of resolutions,
ordinances, or other measures, relating to the approval and
execution of contracts and the authorization, award,
execution, or issuance of bonds, notes, or other obligations
of the Local Agency;
f) The officers required to sign, countersign, or attest
contracts, bonds, notes, or other obligations of the Local
Agency;
g) The office of the Local Agency; or
h) The seal of the Local Agency.
On January 2, 1976, the City Council adopted a Home Rule Charter
for the City of Iowa City, Iowa. Said Charter was passed according and
pursuant to State law.
9. The seal impressed below, opposite my signature, is the duly
adopted, proper, and only official corporate seal of the Local Agency.
IN WITNESS WHEREOF, I have hereunto set p hand An the duly adopted
official seal of the Local Agency this /1_ day ,
19 8.2 .
OAL -e�
ABBIE STOLFUS
CITY CLERK
I
f MICROFILMED BY
"-JORM MICR#LAB
CEDAR RAPIDS • DES MOINES
I
E-
RESOLUTION NO. 82-13
RESOLUTION ADOPTING THE ADMINISTRATIVE PLAN AND THE EQUAL
OPPORTUNITY HOUSING PLAN FOR THE SECTION 8 MODERATE REHABILITATION
PROGRAM.
WHEREAS, the Iowa City Housing Authority has entered into an annual
.contributions contract with the Department of Housing anil Urban
Development for the administration of a Section 8 Mdderate
Rehabilitation Program, and
WHEREAS, the Iowa City Housing Authority dedires to comply with the
regulations of the Department of Housing & Urban Developme6t, and
WHEREAS, the Department of Housing and Urban Development has
requested the Iowa City Housing Authority to adopt an Administrative
Plan and an Equal Opportunity Housing Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE IOWA CITY HOUSING AUTHORITY AS
FOLLOWS:
Section 1: The Administrative Plan in substantially the form as
attached and marked Exhibit A is hereby adopted this date.
section 2: The Equal Opportunity Housing Plan in substantially the
form as attached and marked Exhibit B is hereby adopted this date.
It was moved by Perret and seconded by
McDonald the Resolution be adopted, and upon roll call there
were:
AYES- NAYS: ABSENT:
x Balmer
x Dickson
— x Erdahl
xLynch
x T— McDonald
x ,Neuhauser
x Perret
j Passed and approved this 19th day of January , 1982•
MAYOR
I
ATTEST: dQL
CITY CLERK
Reeoivod & Approved
B Tho V.9al Depatiment
s z
MICROFILMED BY
1 -DORM "MIC R+CA B`
CEDAR RAPIDS DES MOINES j
I
EXHIBIT B
Equal Opportunity Housing Plan
Name of PHA: Iowa City Housing Authority
Address: 410 E. Washington St., Iowa Cit /Johnson Co. IA 52240
Street City/County State Zip
0 BR 1 BR 2 BR 3 BR 4+BR
Number of Units 20 10
Program Type Existing Housing
X Moderate Rehabilitation
_ Existing Housing & Moderate Rehabilitation
Signature of Person Submitting.Plan Date
Lyle G. Seydel
Housing Coordinator
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_ MICROFILMED BY
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-1
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A
Objective I.
Outreach to Lower -Income Families
Actions to be Taken
1. Media to be Utilized. The Iowa City Housing Authority has waiting
lists in excess of 100 for its Section 8 Existing and Public Housing
Programs. Therefore, aside from the required publications of
availability of the program, few dollars will be utilized in
advertising the program. The Authority enjoys an excellent rapport
with the local newspapers, the radio and TV outlets and news articles
are frequently published the
the programs. Minor deviations
will be made from normal practice to conform to Moderate Rehabilita-
tion guidelines. Copies of all notices of availability will be
maintained in the files. Newspapers utilized will include:
Iowa City Press Citizen
Daily Iowan
Radio Stations:
KXIC
KCJJ
KRNA
Television Stations:
KCRG Channel 9 Cedar Rapids
KGAN Channel 2 Cedar Rapids
1 channel local cablevision
2. Other Suitable Means to be Used to Publicize Program.
Word -of -Mouth - Satisfied tenants and landlords are the most
productive means available. This is encouraged.
Civic and Social - Frequently members of the staff are asked to
make presentations to various civic, social,
religious organizations. This occurs 6-8 times
annually and will continue.
Business Organizations - Board of Realtors, the Apartment
Owners and Managers Association,
bankers and insurance firms provide a
good forum to explain new programs and
changes to existing programs.
Frequent contact with these groups
helps keep the business/commercial
interest in the Authority's programs
current and productive.
Social Security, Social
Services, Hospitals - Briefings are conducted semi-annually
for interested staff to both give and
receive information and to exchange
information and what assistance is
available.
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3. Group or groups less likely to apply, if any.
Not applicable.
4. Special outreach to groups identified in 3.
Not applicable.
5. Special outreach to persons expected to reside, if identified, in
approved Housing Assistance Plans.
Not applicable.
Objective II.
Promoting Greater Housing Opportunities for Families
Outside Areas of Low -Income and Minority Concentrations
Actions to be Taken
1. Media to be used to notify owners about the program. The same media
outlets identified in Objective I will be .utilized. More
specifically the Public Notice/Request for Proposals will be
published at least twice in the Press Citizen. News releases will be
prepared and distributed to each outlet. Owners' packets will be
available for any interested party and will be mailed upon request.
2. Action to encourage participation by owners of units outside low-
income and minority areas. There are no minority concentrations in
the city so this will not be a problem. Information briefings will
be conducted for owners as a group and on an individual basis if
necessary. In coordination with the code enforcement staff,
specific units/landlords may be identified and special efforts
extended to obtain their. participation.
3. Actions to explain program requirements including equal opportunity
to owners:
a. Following receipt of the Annual Contributions Contract a Public
Notice/Request for Proposals will be published twice during a
two week period. This notice will briefly explain the Moderate
Rehabilitation Program with emphasis on the benefits and
requirements of the program for owners. It will outline the
application process and set a date for a Pre -Proposal
Conference with interested owners. Availability of the ownerls
packet will be made known. In addition news releases will be
prepared and provided to all news media outlets.
4. Information on local, state and federal fair housing laws and
utilization of Form HUD 903 will be provided as follows: All
families selected for participation will receive information
concerning Fair Housing Laws. air ou SA"-Mphlzt—and-Fmmr
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HUD 903 will be distributed to participating families at their
briefing seminars. Procedures for filing a housing discrimination
complaint will be provided at the same briefing session.
Objective III.
Ensuring Equal Opportunity to Applicants for Participation
in the Iowa City Housing Authority's Moderate
Rehabilitation Program or Applicants to be Referred to
Owners of Vacant Moderately Rehabilitated Units
Action to be Taken
1. System for taking, processing and filing applications; establishing
waiting list:
a. Families living io units selected for the Moderate Rehabilita-
tion Program will be interviewed as soon as practical, by the
Section 8 staff. The tenant must be certified before an
"Agreement to Enter into a Housing Assistance Payments (HAP)
Contract" is executed between the ICHA and the owner.
b. Selection of families to occupy vacant units in the Moderate
Rehabilitation Program. The ICHA will follow the procedures
for taking applications and maintaining a waiting list as
outlined in Part IV "Statement of Policies Governing
Participation in Housing Assistance Programs Administered by
the Iowa City Housing Authority." Those families with the
highest priority will be referred to the owner for selection.
2. Preference or priority categories in order, if any, for issuance of
Certificates and method used for selection of Certificate Holders or
applicants to be referred to owners of vacant moderately rehabili-
tated units:
a. Eligible families residing in dwelling units selected for the
Moderate Rehabilitation Program.
b. Eligiblefamilies residing in units assisted under the Moderate
Rehabilitation Program who are required to move because their
dwelling units have become overcrowded or underoccupied or have
been required to vacate or move through no fault of their own.
C. For vacancies in units rehabilitated to provide accessibility,
if any, selection of occupants will be those families with a
handicapped member.
d. Applicants displaced by governmental action.
e. Certificate Holders in the Section 8 Existing Program in order
of priority.
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Objective IV.
Provision of Services and Assistance to Families Who
Allege They have Encountered Discrimination During Their
Housing Search
Actions to be Taken
1. Assistance to be given to Certificate Holders or applicants referred
to owners of vacant moderately rehabilitated units in the exercise of
their rights under federal, state and/or local law and name of
persons responsible for giving assistance; .training of these
persons:
a. Applicants/Certificate Holders, referred to owners of vacant
Moderately Rehabilitated units, will be given the normal
briefing which contains information concerning Fair Housing and
discrimination. Anyone reporting or alleging discrimination
will be assisted in completing HUD Form 903 and with filing
their complaint with the Human Rights Commission, a local
agency that investigates such charges.
b. The Housing Specialists (current employees are Donna Hillis and
Steffanie Randall both have five or more years experience) have
received training at various seminars conducted by HUD and the
Iowa Chapter of NAHRO. Further informal training sessions with
the City legal staff and Human Relations Director are performed
periodically.
Objective V.
Utilization of a Local Fair Housing Organization
or an Organization Serving the Handicapped
Action to be Taken
a. The ICHA will not contract with any local organizations for providing
this service.
b. The ICHA will consult with and/or solicit the advice and/or
assistance of qualified agencies as required to effectively deliver
services to the handicapped. These agencies may include but will not
be limited to:
(1) Easter Seal Society
(2) Systems Unlimited
(3) Visiting Nurses Association
(4) Social Services
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Objective VI.
Promoting Employment Opportunity in
the ICHA's Employment Practices
Action to be Taken
1. The personnel performing all the functions of the Moderate Rehabili-
tation Program are city employees, and, as such, must comply with the
City of Iowa City employment procedures. All employees, except
supervisory, are covered by the Agreement between the City of Iowa
City and the American Federation of State, County and Municipal
Employees, Local 183, AFSCME. A copy of this agreement is on file.
Objective VII.
Equal Opportunity for Participation in the Moderate
Rehabilitation Program of Minority and Section 3 Businesses
Action to be Taken
I. The rehabilitation officer maintains a list of qualified and
experienced contractors. Some of these are general contractors and
others are specialized subcontractors. The current list contains
the names and addresses of 28 firms; five are considered minority.
Two of these five are general contractors and three are specialized
subcontractors. This listing will be made available to all owners
selected to participate in the Moderate Rehabilitation Program.
2. In the Public Notice of Availability of the Moderate Rehabilitation
Program, the ICHA will specify and encourage participation of
minority contractors.
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PART IV
APPLICATION, PROCESSING AND
VERIFICATION, CERTIFICATION, WAITING LIST.
A. Application. Application for Housing Assistance Payments
wiff be accepted by the PHA from anyone interested in
filing a "Application for Tenant Eligibility and Recertification".
Forms may be obtained at the Civic Center,Housing Division,
Department of Community Development. Each applicant is required
to be interviewed personally by one of the members of the
Housing Division for the purpose of completing this form.
The request must be signed by a responsible member of the
household, preferably the Head of Household.
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B. Procesein and Verification. Upon receipt of the completed
app ca on t e ol lowing actions will be taken.
1. Review application for completeness.
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2. Verify specific items as necessary. Certification by i
the applicant will normally be considered sufficient
verification of family composition, displacement,
residence, housing conditions and need. Income and
assets must be verified. This verification must be
supported by some form of documentation such as;
letter from employer, W-2 forms, check or payroll 33
stubs, bank statements or similar documents. Deductions
for unusual expenses, medical expenses, babysitting, E
must be documented in a similar manner. Income
increases reported between annual re-examinations need
not be verified. All decreases in income must be
documented. For those claiming Disability or Handicap
but not receiving Social Security or Disability
payments a doctor's statement supporting the claim
will be required.
C. Certification. Upon completion of verification the
Hous ng Coordinator and either the chairperson or vice -
chairperson of the Housing Commission will certify eligibility.
1. During the conversion from Section -23 -to Section 8,
occupants of units under lease will be provided
Certificates*of Family Participation and afforded the
opportunity to either select another unit or enter
into•a lease with the owner of the unit occupied.
2. other applicantswill be issued Certificates of Family
Participation according to the availability of unit
Allocations.
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3. In the event -Certificate of Family Par-1-cipation cannot he
issued by rra...,n of nonavai lability of L. As and/or
funds, a wailing list will be established and the
applicant will be notified in writing of action
taken.
4. In the event the applicant is found not eligible he
will be so informed in writing of the reasons for the
finding. Ile will be afforded the opportunity to
appeal this finding to the (lousing Commission. This
may be a formal or informal appeal and may either be
an open or closed meeting according to the desire of
the applicant.'
D. Wa�itin�Lisst. A waiting list of eligible applicants will be
established for each size unit.
1. As units become available preference in the selection of
which applicant is issued a Certificate of Family
Participation shall be granted in the following order.
a. A displaced family or one about to be displaced
by governmental action.
b. Elderly, handicapped or disabled.
C. Families with four or more minors.
d. The degree of substandard factors present in the
existing housing of the applicant.
e. The gross rent being paid by the applicant as it
relates to their annual income.
f. Veteran or Serviceman, or family of a Veteran or
Serviceman.
g. Residence in Iowa City.
h. Date of filing.
2. Deviations from above order may be made if the Housing
Commission determ�nes that an applicant has an extreme
urgency of need beyond that which establishes the normal
ratings. Urgency of need includes but is not limited to
those factors which would indicate that the family would
receive greater benefit than those other applicants on
the list. When such an exception is made a written
report setting forth the reasons shall be filed with the
application.
3. Transfer from Unit to Unit.
If a family receiving assistance notifies the PHA that it
wishes to obtain another Certificate of Family Participation
for the purpose of finding another unit, or has found
another unit, and has satisfied or can satisfy the
requirements of his lease to the owner of the unit he now
occupies; the PHA may issue the Certificate if sufficient
contract authority is available for continued assistance.
In no event will a new Certificate be issued if the
applicant has jumped or violated the lease and/or Certificate
of Family Participation.
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4. In the event normal classification fails to provide for
at least 30% of the units to be occupied by families in
the very low-income group then those families on the
waiting list in the very low-income group may be placed
ahead of all others.
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4. In the event normal classification fails to provide for
at least 30% of the units to be occupied by families in
the very low-income group then those families on the
waiting list in the very low-income group may be placed
ahead of all others.
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STATEMENT OF PROGRAM OBJECTIVES AND APPROACH
A. Program- The Iowa City Housing Authority (ICHA) will
endeavor to implement the Section 8 Housing Assistance Payments
Program - Moderate Rehabilitation in a manner consistent with the
community's overall development policy. The ICHA will encourage,
foster and promote the support of and participation in the Section 8
Moderate Rehabilitation Program by owners or holders of existing
housing stock which, when placed in the program, will serve to
achieve these objectives:
1. Increase the freedom of housing choice for low income families.
2. Provide assistance to low income families that will permit them
to remain in areas where private market rehabilitation
activities are serving to increase rents thereby decreasing
i their ability to meet these rents.
3. Augment and supplement rehabilitation efforts of existing
housing stock whether this has been governmental or privately
ifinanced.
The ICHA recognizes that positive owner response to the Moderate
Rehabilitation Program is crucial to its success. The ICHA will
develop methods designed to promote and maintain owner interest in
this program, utilizing the Housing Assistance Plan and its approved
goals for determining eligible properties and any area designated
for preservation and/or revitalization. The Assisted Housing
Division will administer the program and will serve as a catalyst in
bringing together data from the various other divisions/departments
of the City to enhance achievement of the program objectives.
B. Administrative Alproa�ch. To administer the program most effectively
an to me mtie utilization of trained staff, the Moderate
Rehabilitation Program will be administered by the Assisted Housing
Division. Trained and experienced personnel within the division
will perform the functions of outreach, feasibility analyses, review
and selection of proposals and the ongoing tasks associated with
leasing and similar Section 8 Existing duties. Through an intrastaff
understanding, the functions of preparation of "proposal packets",
inspections, work write-ups, cost estimates, and those functions
relating to the rehabilitation, will be performed by other members of
the City staff such as the Housing Inspectors and the Rehabilitation
Officer. Their time will be charged to this program and their work
will be under the supervision and direction of the Housing
Coordinator.
A
as all thse
personnel are within e then nnecessaryot
Department of Housing and Inspection
Services.
To eliminate processing and coordination problems bimonthly meetings
will be held with all members of the staff involved with the program.
This subject can also be discussed at the weekly department meeting.
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It is anticipated that problems will arise with financing as a result
of current high interest rates. This may result in units failing the
financial feasibility tests. The feasibility and availability of
establishing and utilizing a local government approved
rehabilitation loan program will be explored. In all instances,
however, assistance in obtaining private market financing will be
rendered by the ICHA.
II
PLANS FOR ADMINISTRATION OF MODERATE REHABILITATION BY FUNCTION
A. Owner Participation.
1. Solicitation of Owner Proposals. The ICHA's procedures for
soliciting owner participation are fully described in the Equal
Opportunity Housing Plan. Owner proposals will be requested
through a Public Notice/Request for Proposals; and complete
information about the Moderate Rehabilitation Program will be
provided in an "Owner Packet" which will be available at the
ICHA's office. The Request for Proposals will specify that the
units must be located within the city limits of Iowa City and
that permanent displacement of tenants will not be permitted.
The content of an owner's proposal and selection criteria which
the ICHA will use in selecting eligible proposals will be
described in the Packet.
2. Pre�Pro osal�Conference. Following publication of the Request
for Pro a s, the Section 8 staff and the Rehabilitation staff
will conduct a Pre -Proposal Conference. Date, time and place
will be contained in the Public Notice. At this conference the
workings of the Moderate Rehabilitation Program, the owner's
rights and responsibilities, the Authority's responsibilities
and the procedure for receiving proposals will be provided. The
deadline for submission of proposals will be forty-five (45)
days following the Pre -Proposal Conference.
3. Submission of Proposals. A proposal format has not been
developed; however, a form of proposal will be utilized and made
available to all interested owners in the Packet and at the Pre -
Proposal Conference. As a minimum, the form will require the
—.following information:
a. Name, address and telephone number.
b. Number, type and bedroom size of unit(s) to be
rehabilitated.
C. Percentage of the total units in the building (2) to be
rehabilitated.
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d. Address of unit(s) to be rehabilitated.
e. Original construction date of building(s) to be
rehabilitated.
f. Rent(s) charged by bedroom size in each building or
structure during the preceding eighteen (18) month period.
g. Number and bedroom size of occupied units, if any,
proposed for rehabilitation and assistance.
h. Number and bedroom size of vacant units, if any, proposed
for rehabilitation and assistance.
i. Number and bedroom size of units, if any, to be made
accessible to the handicapped.
I
j. Family characteristics of residents currently in
occupancy.
k. A statement that the proposed rehabilitation will not
result in the permanent displacement of any resident
presently in occupancy.
1. A statement of whether temporary relocation of residents
presently in occupancy is anticipated, the anticipated
length of temporary relocation, and agreement by the Owner
to assume any and all costs of temporary relocation.
M. Certification that no resident has been forced to move or
vacate without cause during the preceding twelve (12)
month period.
n. A summary, if applicable, of the Owner's previous partici-
pation in ICHA, OHUD Programs.
o. A statement of the Owner's plan for management and mainte-
nance of the unit(s), to include identification of the
designated individual or firm responsible for these
functions.
p. For proposals specifying twenty (20) or more units, a
statement outlining previous management experience of the
Owner or designated Agent.
q. The Owner's plan for rehabilitation financing.
r. A general description of the proposed work item(s) to be
accomplished in each unit(s) and/or common areas, and a
rough estimate of the cost of each item proposed.
*A copy of the Request for Proposals, Form of Proposal and the Owner's
Packet will be submitted to OHUD upon design development.
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4. Review and Screening of Proposals.
Within five (5) working days after the deadline date for receipt
of proposals, the Authority Section 8 staff and the Rehabilita-
tion Specialist will review all proposals for compliance with
basic program requirements.
Proposals which are substantially incomplete, which do not meet
program objectives, or which are for units outside of the area
will be rejected outright. Since the ICHA will not allow
permanent displacement, any proposal, which indicates the
overcrowded or underoccupied units will be assisted and/or
which indicates that there will not be enough suitably sized
units after rehabilitation to accommodate present tenants, will
be rejected at this stage. The Section 8 Existing Housing
Occupancy Standards will be used to determine overcrowded and
underoccupied units, except that living/sleeping rooms will not
normally be counted as a bedroom.
Proposals which indicate that present rents are at or above the
Moderate Rehabilitation Program Fair Market Rents or proposals
.which clearly indicate that the proposed project is infeasible
will also be rejected.
Owners whose proposals are rejected will be notified of the
reason(s) for rejection. The notice will specify that the owner
may request, within ten days, a hearing from the Authority,
during which the reason(s) for the rejection will be explained
in full and the owner will be provided an opportunity to dispute 1
the rejection.
All proposals which meet the basic proposal selection criteria
will be transmitted to the Rehabilitation Specialist for
scheduling and completion of the initial inspection.
5. The Rehabilitation Process.
a. Initial Inspection.
This function will be completed by the Rehabilitation
Specialist.
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The Housing Quality Standards for this program will be the
Housing Code of the City of Iowa City. As well, all
rehabilitation work will have to comply with
rehabilitation standards developed by the City for its
Rehabilitation Loan Program. These standards specify
acceptable grades of materials and workmanship levels for
rehabilitation work.
The Rehabilitation Specialist will schedule the inspection
and will request the owner and tenant(s) to be present
during the inspection. The owner and tenant(s) will be
encouraged to make known their desired repairs; however,
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the Inspector will make the final decision regarding
repairs to be made under the program.
The inspection will be conducted by a City code inspector
and the Rehabilitation Specialist. Results of the inspec-
tion will be recorded on the inspection form used in the
City Rehabilitation Loan Program. The code inspector will
determine the deficiencies which must be corrected in
order for the proposed unit(s) to meet code standards. The
Rehabilitation Specialist and the code inspector will
jointly determine whether any major building systems or
components are in danger of failure. The staff is familiar
with design standards for the handicapped and will be able
to provide guidance to owners who wish to make units and/or
buildings accessible to handicapped tenants.
Immediately after the inspection, the Rehabilitation
Specialist will complete a Preliminary Cost Estimate
Report, detailing each needed eligible repair and its
cost, and estimating the cost of energy -conserving
improvements required by Section 882.405(s) of the
regulations.
The Housing Coordinator will monitor the quality of
inspections by making spot inspections and comparing
his/her findings to the initial inspection report.
b. Preliminary Feasibility Analysis.
(1) This procedural function will be accomplished jointly
by Housing Coordinator and the Rehabilitation
Specialist and will include the following steps:
(a) An estimate of the required amount and the terms
of a conventional rehabilitation loan, utilizing
the Cost Estimate Report and loan data provided
by local lending institutions or included in the
Owner's proposal.
(b) The determination of a monthly amortization
amount for the loan.
(c) The establishment of a base rent, using the
average rent data specified in the Owner's
proposal.
(d) The calculation of the gross rent for the
unit(s) by totaling the Base Rent, the Loan
Amortization Amount, and the applicable
Allowance for Tenant Supplied Utilities.
(e) The comparison of the estimated gross rent(s)
with the Fair Market Rent limitations and the
making of a determination of feasibility.
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(2) Proposals, which appear to be infeasible based on
conventional loan terms, will be rejected. This
rejection decision may be reduced if more favorable
loan terms can be negotiated between the Owner and a
lending institution.
(3) The Housing Coordinator will meet with and discuss
with each Owner the results of the Feasibility
Analysis.
(a) During this discussion the Owner will be advised
of the proposed base rent calculated for the
unit(s) proposed.
[1] If the Owner maintains that the proposed
base rent(s) is (are) too low to permit
adequate and acceptable management and
maintenance of the rehabilitated unit(s),
he will be required to submit expense data
to the ICHA.
[2] Submitted data will be analyzed based on
knowledge df average management and mainte-
nance expense levels in the area and on
information provided by the DHUD Service
Office.
[3] Property tax expense will be obtained, with
anticipated or projected assessment
related increases to be taken into
consideration.
(b) Utilizing DHUD provided information and ICHA
approved estimates of additional expenses, a
revised base rent(s) will be calculated and the
monthly loan amortization amount and any
allowance for utilities added to it.
(c) A determination of feasibility based on the
resultant revised base rent will then be made.
(d) If the Owner(s) accepts the rents established in
the Feasibility Analysis, the Housing
Coordinator will evaluate his/their ability to
complete the required rehabilitation work in a
competent and timely manner. This evaluation
will include the review of an Owner's previous
participation in any DHUD, ICHA or other City
programs.
(e) If this recalculation of the base rent(s)
results in a determination of infeasibility the
proposal will be rejected.
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C. Selection of Proposals
A11 proposals which are determined feasible will be ranked
by the Housing Coordinator and the Rehabilitation
Specialist according to an evaluation system under which:
(1) The most important factor will be the amount of
rehabilitation to be accomplished, with the highest
points awarded for the most rehabilitation.
(2) The second most important factor will be the need for
temporary relocation, with points awarded for
proposals which do not require temporary relocation;
and
(3) The final factor, applicable only to proposals for
buildings with twenty or more units, will be the
percentage of assisted units in the building, with
.highest points awarded to proposals in which no more
than 80% of the units in the building will be
assisted.
In order to lease all units within the twenty-one (21)
month leasing schedule, the ICHA will review and approve
proposals meeting basic selection criteria in three
phases. This approach will allow rehabilitation work to
get under way as soon as possible. The ICHA's goal will be
to approve proposals for 50% of the units, thirty days
after receipt of proposals; proposals for an additional
thirty-five (35) percent, sixty days after receipt of
proposals; and proposals for the remaining 15% of the
units, ninety days after receipt of proposals.
In each phase, proposals for the desired number of units,
plus five (to compensate for expected attrition of units),
will be selected. The Housing Coordinator and the
Rehabilitation Specialist will select proposals in order
from the ranked waiting list, keeping in mind the approved
unit distribution.
The ICHA has established a goal of making 5% of its total
unit allocation accessible to the handicapped. However,
since the ICHA expects to receive a very limited number of
proposals where the only rehabilitation necessary will be
associated with making the building barrier -free,
monitoring the limit on proposals with less than $1000 of
work will not be difficult. The ICHA will encourage
owners, where possible and appropriate (e.g., where
handicapped individuals are already in residence), to make
units and buildings accessible to the handicapped, in
conjunction with other rehabilitation activities.
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d. Notification to Owners.
Owners whose proposals have been selected will be sent a
Notice of Selection which will state that they have been
selected for participation in the program and will
indicate the tentative number of units to be assisted.
Owners, whose proposals have not been selected for
processing at the first stage, will be informed that their
proposals are being held for future processing and that in
thirty (30) days they will be notified again by the ICHA of
a date when the proposal will be processed.
In each selection phase, Notices to owners whose proposals
have been selected for processing will state that they
have sixty (60) days in which to complete the following
required activities before an Agreement to Enter into a
HAP Contract can be signed:
(1) Preparation of detailed work write-ups and cost
estimates;
(2) Selection of a contractor;
(3) Cooperation with the Rehabilitation Specialist in the
completion of a financial feasibility analysis;
(4) Obtaining a financing commitment; and
(5) Preparation of a lease form.
The Notice will also state that the Rehabilitation
Specialist will meet with owners to discuss how he will
assist them to complete these functions.
e. Determination of Family Eligibility.
After the Rehabilitation Specialist and Housing
Coordinator have selected proposals, the Section 8 staff
will schedule interviews with the selected owners' present
tenants. The Authority will follow its Section 8 Existing
Housing intake procedures, which require that scheduling
letters, specifying documentation to be brought to the
interview, be sent to applicants. Interviews will be
conducted, verification completed, and eligibility
determined in accordance with the procedures described in
the ICHA's Administrative Plan for the Section 8 Existing
Housing Program. The Program Briefing will be provided to
the family during this interview and will include all
information required by 24 CFR 882.407 and 882.517.
Tenants found ineligible will be notified in writing of
the determination and of their right to a hearing in
accordance with 24 CFR 882.517(g). Since the Authority
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will not enter into a Contract for any unit occupied by an
overincome family, proposals which are for one unit only
will be rejected if the tenant is determined ineligible.
Owners will be notified in writing of the determination
and the Notice will state that if the owner resubmits,
within 15 days, information disproving the Authority's
original determination, the Authority will reconsider its
rejection.
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f. Work Write -Ups and Cost Estimates.
Immediately after a determination of family eligiblity has
been made, the staff will schedule meetings with selected
owners to explain the steps which must be completed before
an Agreement to Enter into a HAP Contract can be signed,
and to provide the following information for use in the
program:
(1) A copy of the list of deficiencies and description of
work required and estimated cost determined as a
result of the initial inspection;
(2) A sample work write-up and cost estimate completed on
the prescribed forms and blank copies of the forms;
(3) A standard form of a rehabilitation contract; i
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(4) A list of approved contractors;
(5) Davis -Bacon Wage Rates for the area, if applicable;
and
(6) Information regarding available financing and program
information which can be given to potential lenders.
Since actual preparation of work write-ups •and cost
estimates will be the responsibility of the owner, the
initial meeting between the owner and the Rehabilitation
Specialist will be extremely important. The
Rehabilitation Specialist will have the opportunity to
explain each required form and to answer owner questions
in privacy. The meeting will allow the Specialist to gauge
the owner's ability to meet the responsibilities and to
plan assistance which might be needed. In addition to the
L initial meeting, the Rehabilitation Specialist will be
available to assist owners in the preparation of cost i
estimates and work write-ups, and will, for all owners,
review the completed documents for consistency with the
finding of the initial inspection. Special assistance
will be provided to owners with proposals covering nine
(9) or more units, since Federal Labor Standards
Provisions will apply to these proposals.
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If an owner wishes to complete more extensive work than is
required or can be supported by the Moderate Rehabili-
tation Program, he/she will be required to prepare
separate work write-ups and cost estimates for the extra
work and to enter into separate contracts for the Moderate
Rehabilitation supported work and the owner -supported
work. Owners who are proposing to complete rehabilitation
work themselves will not be exempt from the requirement to
prepare work write-ups and cost estimates, nor from the
Labor Standards Provisions governing proposals with nine
(9) or more units.
g. Selection of Contractors.
(1) List of Approved Contractors.
To help owners select a contractor, a list of
approved contractors will be developed by the
Rehabilitation Specialist. This list will be used on
the approved Contractor List for its Rehabilitation
Program. The names of qualified contractors,
including minority contractors, who respond to the
ICHA's advertisement for contractors, (included in
- the Notice of Availability of the Program) and
contractors recommended by the HUD Field Office will
be added to the basic list. All contractors who
respond to the Notice will be evaluated and qualified
by the Rehabilitation Specialist, in accord with the
contractor selection criteria for the Rehabilitation
Program. If there are insufficient minority
contractors on the list, the ICHA will conduct
additional outreach to minority contractors through
the Small Business Administration (SBA) and local and
state minority contractor associations.
Owners will not be required to use the list of
qualified contractors; however, owners who propose to
use contractors not on the list will have to obtain
approval in advance of selection from the ICHA.
Owners who propose to accomplish all or part of the
rehabilitation themselves must obtain advance
approval from the ICHA. Owners will not be allowed to
undertake work themselves unless they can demonstrate
their ability to perform the specific work items.
f,- (2) Briefing of Contractors.
Contractors on the approved list will be invited to
attend a Contractor Briefing at the ICHA offices, at
which the Rehabilitation Specialist will explain the
requirements of the Moderate Rehabilitation Program
applicable to participating contractors. A descrip-
tion of the Moderate Rehabilitation Program, a copy
of a sample work write-up, sample contract, Labor
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Standards Requirements, and Davis -Bacon Wage Rates
will be provided at the briefing. This procedure
will assure that all contractors understand program
requirements.
(3) Bid Award Procedures.
Owners will be encouraged to obtain more than one (1)
bid for completion of the approved rehabilitation
work items. Owners who are doing some or all of the
work items themselves will not be exempt from this
requirement. Written bids, accurately describing the
work to be done and the cost of each item, must be
submitted by contractors. The Rehabilitation
Specialist will assist in the solicitation of
contract bids, if the owner requests. In all cases,
the written bids will be examined by the
Rehabilitation Specialist before the Agreement to
Enter into a HAP Contract is executed.
Owners will be expected to select the lowest
responsible bidder; however, latitude to select the
best proposal, even if not the lowest bid, will be
allowed. When the lowest bid is not selected, ICHA
approval of the bid will be required.
(4) Pre -Construction Conference.
The Rehabilitation Specialist will hold a pre-
construction conference with each owner and -
contractor before work begins. At this conference,
work items and cost estimates will be reviewed, a
signed copy of the rehabilitation contract will be
obtained for the ICHA files, and the process by which
the work will be inspected will be explained.
Deadlines for completion of work will be agreed upon. f
The procedure for requesting changes to the contract
and/or work write-up will be carefully explained.
Written materials describing any procedures not i
specified in the contract will be provided to the
owner and the contractor.
A required part of this meeting will be a discussion
between owner, contractor, and the Rehabilitation
Specialist regarding the effect of the rehabilitation
work on the tenant, and the measures which will be
taken to avoid damage to tenant property and disrup-
tion of the tenant's normal routine. If temporary
relocation is required, the owner will be requested
to contact the Housing Coordinator, who will be
responsible for notifying the tenant of the necessity
for temporary relocation and of the tenant's rights
in connection with the relocation.
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h. Final Feasibilitv Analvsis.
Utilizing the proposed contract amount from the selected
bid, the base rent calculated according to program regula-
tions, an allowance for utilities, (if any), and the
estimated cost of temporary relocation (if any), and
assuming the terms and rate of available financing and a
contingency of 10% of the contract amount, the Rehabilita-
tion Specialist will calculate the Moderate Rehabilitation
Gross Rent and its term. HUD regulations for establishing
the loan period, contained in 24 CFR 882.409, will be
followed. The financing rate will be calculated at an
anticipated rate, based on information obtained by the
Authority during its initial discussions with lenders, or
based on information supplied by the owner, if he/she has
obtained a financing commitment.
Based on this analysis, the Rehabilitation Specialist will
make a final determination of whether the owner's proposal
is feasible under the Moderate Rehabilitation Program Fair
Market Rents and regulations. For proposals which are not
found feasible, the Rehabilitation Specialist will
evaluate whether the proposal could meet feasibility
criteria if work items were modified and/or the
contractor's price were adjusted. If the possibility of
modification exists, the owner will be given the
opportunity to make the changes which would bring the
proposal within approvable rent limits.
Proposals determined to be infeasible will be rejected at
this point, and owners will be sent a notification of
rejection in accordance with the procedures described in
Notification of Owners, of this Plan.
Owners whose proposals are found to be feasible will be
notified of this fact and will be advised that, subject to
the securing of financing and the submission of an
acceptable lease, the Authority will execute an Agreement
to Enter into a Housing Assistance Payments Contract with
them. The letter will indicate that staff will be
available to assist the owner in requesting and obtaining
financing. A description of the Moderate Rehabilitation
Program for lenders, the Addendum to the Lease, and a
suggested form of lease will be enclosed with the -
notification.
i. Financing.
(1) Owners will be advised of financing options during
the entire proposal processing period.
(a) At the Pre -Proposal Conference and in the
Owner's Packet the ICHA will provide information
regarding financing available from local lending
institutions.
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(b) ICHA will assist with and review loan terms
proposed by Owners for the purpose of
determining unreasonableness.
(2) Simultaneous to the Public Notice of Program
Availability, ICHA will provide a promotional
brochure to local lending institutions and will meet
with loan officers and processing personnel.
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(a) The brochure will provide an explanation of the
program, with emphasis placed on the long-term
commitment of the Section 8 subsidy.
i
(b) Additional emphasis will be placed on the
iprogram factor which permits the use of the
Owner's Agreement to Enter into a HAP Contract
and/or the HAP Contract itself as security for a
loan.
(c) The conditions governing the use of the
Agreement and/or HAP Contract will be described
in detail.
(3) ICHA's efforts in assisting owners to obtain private
financing will be directed to the provision of clear,
precise information to the lending community and
staff assistance to Owners in the preparation of
documents required by lending institutions.
(a) Rather than burdening Owners with confusing
information concerning various DHUD insurance
programs, ICHA will brief lenders on program
requirements as the means to permit the lenders
to determine which Federal Program(s) would be
appropriate for and applicable to use with the
Moderate Rehabilitation Program. i
j. Relocation.
(1) No permanent dislocation or displacement will be
permitted in ICHA Moderate Rehabilitation Program and
thus, will not be an issue.
(a) Because of limited amount of rehabilitation work
anticipated or expected to be accomplished
through this program and because of ICHA's
preference for proposals which do not require
temporary relocation, very little temporary
relocation of occupying residents should be
necessary.
(b) The ICHA's procedures with regard to temporary
relocation are described later in this Plan.
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k. Program Dwelling Lease Agreement.
(1) Owners will be required to submit an acceptable and
approvable dwelling lease agreement before an Agree-
ment to Enter into a HAP Contract is executed.
(a) ICHA will provide to each Owner a copy of a
recommended lease agreement and a copy of an
Addendum to the Lease Agreement.
(b) The recommended lease agreement will meet all
DHUD requirements including the Moderate
Rehabilitation Program requirements concerning
terminations specified in 24 CFR 882.514 and all
requirements of state and local laws.
(2) It is anticipated that Owners will utilize the ICHA
suggested/recommended sample lease agreement and the
Addendum to the Lease Agreement.
(a) ICHA will provide technical assistance to those
owners who•prefer to utilize their lease agree-
ment for the purpose of modifying the lease to
comply with DHUD regulations, program require-
ments, and applicable State and local laws.
1. Execution of A regiment to Enter into a HAP Contract and
the Rehabs station Period
(1) Once the Owner(s) has completed the steps required
prior to the commencement of the rehabilitation work,
the Section 8 staff will prepare an Agreement to
Enter into a HAP Contract and wi11 schedule a meeting
to review the Agreement with the Owner(s).
(a) After consulting with the Owner ICHA will
establish, authorize, and enter the starting
date for the rehabilitation work and the
deadline for completion on the Agreement.
(b) ICHA's and Owner's rights and responsibilities
under the terms of the Agreement and the subse-
quent contract will be explained in detail, with
the importance of timely and correct completion
of the work being emphasized.
(c) The Owner and Mayor will execute the Agreement.
(d) The Rehabilitation Specialist will be notified,
of the construction starting date.
(2) The Rehabilitation Specialist, in accordance with the
Contract for Services with ICHA, will periodically
inspect and monitor work completion, construction
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materials and practices, and with the Housing
Coordinator, compliance with Labor Standards andthe
Davis-Bacon wage Rates (where and when app
l be conducted on a
(a) biweekly basis inspection
the lrrehabilitation work
period.
(b) Normal scheduling calls for inspections as major
work items are started and completed; however,
where major work will be hidden by walls,
floors, or other inaccessible areas, inspections
will be scheduled prior to final cover up.
(c) The Rehabilitation Specialist will coordinate
inspections with the owner and the local Code
Inspectors as applicable and appropriate.
(3) ICHA will monitor and review payroll reports to
ensure compliance with Federal Labor Standards and
Davis -Bacon Wage Rates where applicable.
(4) The Rehabilitation Specialist will provide brief,
biweekly progress reports to the Housing Coordinator
on all rehabilitation work under contract and
Agreement.
(a) Progworkress completedti
and the thestablished ndicate the percentage
deadline date
for completion.
(b) Comments will be included regarding any problems
either occurring or completed.
(5) Contractors will be required to rproposeduand obtain
ICHA approval in writing for any
k item
changes specified in the Contract and Agreement which
would alter the design or the quality of the required
rehabilitation, or which would increase the contract
amount.
(a) Change Orders normally will not be approved
unless the cause of the requested change is
beyond the Contractor's control and/or is in the
best interest of the rehabilitation project.
(b) Where appropriate, the contract amount and
proposed contract rents may be reduced.
(c) The Rehabilitation Specialist will be
responsible for monitoring he use of
contract contingency amount,
rcoordination with the amount ishnotousinexceeded dueCoordl to
to
esueChange
Orders.
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(6) Special efforts will be made to avoid the necessity
of requesting increases in rents in excess of
approved Fair Market Rents as the result of
unanticipated work items.
(a) Careful initial inspections and accurate work
write-ups will serve to keep these requests to a
minimum.
(b) In instances of additional work necessitating a
request for rent increase, the Rehabilitation
Specialist will make a written recommendation to
the Housing Coordinator.
(c) If the increased rent cannot be approved by
ICHA, the Housing Coordinator will prepare and
process the necessary request for increase to
DHUD.
(7) As indicated, ICHA will discourage any temporary
relocation unless absolutely necessary for work
completion.
(a) During the briefing of occupying residents, ICHA
will advise residents of their rights in the
event temporary relocation becomes necessary.
(b) Each resident will be given a Notice of the
Right to Remain in Occupancy, stating the rights
of the resident with regard to temporary
relocation in accordance with the provisions of
24 CFR 882.407(b) and (c).
(c) Should a proposal indicating a need for
temporary relocation be selected by ICHA, the
Owner will be required to obtain from the
resident(s) a written statement indicating
willingness to move temporarily, with the Owner
being resonsible for all moving costs involved.
[1] ICHA will provide assistance to affected
residents in the selection of suitable
temporary accommodations and will monitor
the adequacy and timeliness of Owner's
reimbursement of resident expenses in
accordance with 24 CFR 882.407(c)(ii).
[2] Temporary relocation periods in excess of
six (6) weeks will not be permitted.
(d) ICHA will monitor closely both the
rehabilitation work progress and Owner payments
to the relocated resident(s).
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[1] At least one visit to any relocated
resident will be made during the course of
rehabilitation work to verify satisfaction
with the temporary accommodations.
(e) ICHA will monitor the Rehabilitation
Specialist's biweekly reports to ensure
rehabilitation work is progressing according to
schedule.
ii
[1] After any three weeks temporary relocation
period, the Housing Coordinator will notify
the Rehabilitation Specialist that the 1
Owner has a maximum of three additional
weeks in which to complete rehabilitation.
M. Completion of Rehabilitation.
(1) Owners will be required to contact the ICHA and
Rehabilitation Specialist at least one (1) week prior
to completion of the rehabilitation work.
(a) The Rehabilitation Specialist will be monitoring
work completion percentage during inspections.
(b) When notified of impending rehabilitation work
completion, the Rehabilitation Specialist will
tentatively schedule a final inspection based on 1
the estimated completion date.
(c) Owner(s) will be reminded of documents to be -
submitted before any unit(s) can or will be
accepted.
(2) ICHA will provide to Owners a form containing all 1
certifications required by 24 CFR 882.510.
(a) The Certificate of Occupancy must be obtained
from the appropriate City department.
(3) Final Inspections will be completed by the Housing
Coordinator, Rehabilitation Specialist, and
appropriate Code Inspectors.
(a) During these inspections all work items required
by the Agreement will be inspected and a compli-
ance determination made.
i
(b) Discrepancies noted will be discussed and
necessary actions on the part of the Owner and
Contractor will be agreed to.
(4) Written copies of a punch list detailing deficient
work items, a schedule for their completion, and
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amounts to be withheld pending work item completion
will be provided by the Owner to the Contractor.
(a) For minor deficiencies or items incomplete due
to weather conditions, the Rehabilitation
Specialist will assist the owner in determining
the amount to be withheld from the Contractor's
final payment.
(b) For other than minor deficiencies the
Rehabilitation Specialist will determine
whether the work can be corrected and together
with the Housing Coordinator determine whether
or not the proposed contract rent(s) should be
reduced.
(5) In that payment of contractor draws will be based on
acceptable completion or work items, most Owner -
Contractor disagreements will be resolved during the i
work process.
(a) Few major disputes should exist at the time of
final inspection.
(b) The Rehabilitation Specialist and Code
Inspectors will review units for compliance
only. ICHA will resolve disagreements rel.ated
to quality of the work.
(6) ICHA has requested of lending institutions that final
payment on rehabilitation loans not be released until
all work is completed.
(a) Loans made for participation in the Moderate
Rehabilitation Program will have a provision for
retention of amounts necessary to ensure
completion of punch list items.
(b) The withheld amounts will constitute the Escrow
Fund required by 24 CFR 882.510(e)(2).
(7) Units passing the final inspection and with no
deficiencies will be accepted at that time.
(a) If minor deficiencies exist, the Rehabilitation
Specialist will schedule a date on which to
reinspect any remaining work items.
(b) Units with other than minor deficiencies will
not be accepted until work is performed and the
corrective action satisfies the Rehabilitation
Specialist and Building Code Inspectors.
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(c) Resolution of deficiencies will be an Owner
responsibility assisted by the ICHA.
(d) No later than on the date of acceptance, Owners
will be required to submit local permits and
approvals required as evidence of completion,
together with the Actual Cost and Rehabilitation
Loan Certifications, on the form provided by
ICHA.
(8) The Rehabilitation Specialist and the Housing
Coordinator will review Owner Certifications,
comparing Actual Cost and Rehabilitation Loan
Certifications to the Final Feasibility Analysis and
any approved contract change orders.
(a) Contract Rents will be recalculated, if rents
specified in the Agreement need to be adjusted
pursuant to 24 CFR 409(d).
(b) In instances of no deficiencies or problems, and
the unit is completely acceptable, the HAP
Contract will be prepared ,and executed by the
Mayor and the Owner.
[1] The Housing Coordinator will explain the
manner and dates of housing assistance
payments and will answer any questions the
Owner may have.
III
PROGRAM MANAGEMENT AT TIME OF UNIT(S) ACCEPTANCE
A. Resident Family Participation.
1. It is anticipated that many rehabilitated units will be
occupied at the time of execution of the HAP Contract, with
vacancy loss payments necessary in few instances.
a. Owners will be required to notify ICHA of expected
vacancies sixty (60) days prior to the scheduled
completion date of the rehabilitation work items or on the
date the Agreement to Enter into a HAP Contract is
executed, whichever is later.
b. Should vacancies be anticipated, the Housing Coordinator
will cause a minimum of four (4) applicant
residents/families to be referred to the Owner, in
accordance with the selection preferences set forth in the
Equal Opportunity Housing Plan.
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2. Contact with Owners of vacant units in the Moderate Rehabilita-
tion Program will be made at least once weekly.
a. This contact will serve to verify if the unit remains
vacant or the date on which a resident/family began
occupancy.
b. This contract procedure will also facilitate ICHA determi-
nation of whether or not Owners are entitled to vacancy
loss payments in accordance with the requirements of 24
CFR 882.413 and 882.509(d).
3. Residents/Families to be referred to Owners will be briefed on
their responsibilities under the program in accordance with
ICHA's Section 8 HAP Existing Housing Program Admission and
Continued Occupancy Policy and Administrative Plan.
a. The specific responsibilities and requirements of the
Moderate Rehabilitation Program will be thoroughly
explained during this briefing.
b. If the resident/family indicates a preference not to
participate in the Moderate Rehabilitation Program, but
would prefer preference in the Existing Housing Program,
the resident/family file will be returned to the Section 8
HAP Existing Housing waiting list.
B. Accessibilitv for the Handicaooed.
1. It is anticipated that generally, rehabilitation work necessary
to make units accessible to the handicapped will be
accomplished in units occupied by handicapped persons.
a. If selected proposals include units occupied by a
handicapped person, Owners will be required to make the
unit accessible.
b. Should units of this type become vacant, handicapped
applicants on ICHA's waiting list will be given preference
for referral to Owners of the units.
C. Occuoancv by the Very Low Income.
1. Little difficulty in achieving the requirements for 30% of
assisted units to be occupied by the Very Low Income is antici-
pated since in the Existing Housing Program, approximately 75%
of all program participants meet this criteria. In that the 30%
requirement can be computed through the combining of the two
programs, compliance will be assured.
a. ICHA will monitor the Very Low Income requirement when
referring applicants to vacant units.
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D. Continued Assistance to Vacating Families.
1. Residents/Families who voluntarily and of their own volition
decide to move from a unit assisted under the Moderate Rehabili-
tation Program will be placed on ICHA's Section 8 Program
waiting list.
a. Such former participants will be treated in the manner as
would be any other applicant, waiting their turn for
either a Certificate of Participation or referral to a
vacant unit.
b. It is anticipated that this procedure will discourage
frequent moves by the Resident/Family without good cause.
2. Residents/Families required to move through no fault of their
own, such as the unit being no longer appropriately sized due to
an increase or decrease in family composition, termination of
the HAP Contract with the Owner(s) by ICHA for cause, or be
evicted from the unit by the Owner in violation of the Lease
and/or HAP Contract, will be offered housing assistance in
ICHA's Moderate Rehabilitation, Existing Housing, or Public
Housing Programs in the order required by 24 CFR 882.517.
3. Residents/Families evicted for cause will be handled in
accordance with the provisions of 24 CFR 882.514(b)(2) and (3),
and (c). Additionally, future eligibility for program
participation will be determined in accordance with the
Existing Housing and Public Housing Programs Admission and
Continued Occupancy policies.
IV
PROGRAM MANAGEMENT - ON GOING PROCEDURES
A. Payments to Owners.
1. Housing Assistance Payments (HAP) will be made to Owners in a
like manner with payments made in the Existing Housing Program.
a. HAP checks will be prepared, verified and forwarded to
eligible participating Owners on the first of each month.
b. For units occupied after the first but prior to the
fifteenth of the month, a prorated HAP check will be
prepared and forwarded to the owner. For units occupied
after the fifteenth but prior to the first of the following
month, the prorated HAP for the partial month will be
included with, separately identified by amount, the
following month's full HAP check.
2. Participating Owners will be required to periodically verify
occupancy of the family of record.
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g. Adjustments in Utility Allowances.
1. Units assisted under the Moderate Rehabilitation Program will
follow and be eligible for utility allowances utilized for the
Existing Housing Program.
a. All utility allowances will be reviewed annually.
b. Buildings or structures of twenty (20) or more units will
be separately monitored.
(1) Residents/Families of units in the described
structures required to pay utility billings will be
requested to provide ICHA with copies of bills.
(2) If necessary, separate allowances will be calculated.
C. Adjustments in Contract Rents.
1. Reviews of annual rent increases requested by owners, utility
allowance schedules, annual unit inspections and annual
i reexamination will be coordinated, so that to the extent i
possible, and on the anniversary date of the Lease Agreement,
only one annual adjustment to the HAP Contract and Gross Family
Contribution will be required.
2. These annual functions will be accomplished in a manner
identical to the like procedures set forth in the Existing
Housing Program policy and Administrative Plan.
a. All requests for increases in rent will be reviewed in
accordance with 24 CFR 882.411.
b. For each Moderate Rehabilitation Program unit, ICHA will 4
determine whether the proposed rents are materially
different from comparable unassisted rents, taking into
consideration any differences which may have existed with
regard to initial contract rents.
C. ICHA will utilize various local surveys and appraisals
within these determinations.
V 1
MONITORING OF PROGRAM ADMINISTRATIVE FUNCTIONS
A. Leasing and Rehabilitation Schedules.
1. During the rehabilitation work item accomplishment the Housing
Coordinator will receive biweekly reports from the Rehabilita-
tion Specialist providing information on rehabilitation
standards inspections, code inspections, work write-ups and
.---CD-st—e7SVMatn—CDMYeted progress -of -authorized rehabilitation
work, and percentage of completion of work under contract.
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2. These milestone reports, as well as ICHA's own direct involve-
ment, will permit ICHA to measure program progress against DHUD
approved rehabilitation work and leasing schedules.
B. Terminations of Tenancy.
1. Participating Residents/Families and Owners will be thoroughly
briefed concerning the condition under which tenancy can be
terminated. A brief information sheet setting forth the
provisions set forth in 24 CFR 882.514 will be provided to both
Residents/Families and Owners.
a. Residents/Families will be instructed to contact ICHA, if
they should receive or are advised by the Owner that they
will receive Notice of Termination.
b. Owners will be instructed to contact ICHA prior to serving
a Notice of Termination. The provisions requiring the
Owner to both serve a legal and proper Notice and to
provide ICHA with a copy of the Notice will be pointed out.
2. At the time ICHA learns of an impending or potential termination
of tenancy, both the Resident/Family and the Owner will be
contacted. The ICHA, through its staff, will ensure that both
parties understand their rights and responsibilities under the
programa
3. Owners, who do not comply with program requirements in these
actions, will face the probability of their participation in
the program being terminated by ICHA.
C. Violations of the HAP Contract.
1. Through scheduled and unscheduled inspections and by affected
residents, ICHA will be kept apprised of violations of the HAP
Contract.
a. ICHA, at least once annually, will inspect all units in the
program in order to verify both the management and
maintenance of the units.
2. The inspection performed will also serve to permit housekeeping
checks. Problems noted will be referred to the resident for
solution and/or assistance.
VI
RECORDS
A. Proposal Files.
1. Complete files on each proposal for program participation will
be maintained.
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2. All files will be retained whether or not the proposal(s) is
selected.
B. Contract Files.
1. Complete files pertinent to Rehabilitation functions will be
maintained.
a. A separate file for each proposal and subsequent rehabili-
tation work which is authorized will be maintained.
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(1) All reports, etc., will be kept inappropriate files.
b. The Rehabilitation Specialist will be required to maintain
appropriate files on each proposal.
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(1) ICHA will monitor file maintenance.
2. All such files will be treated as permanent records of.
activities.
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C. Owner -Resident Files.
1. Files identical to those maintained in the Existing Section 8
Housing Program will be initiated and kept current.
2. All such files will be treated as permanent records.
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GENERAL CERTIFICATE
I, Abbie Stolfus, DO HEREBY CERTIFY as follows:
1. That I am the duly appointed, qualified, and acting City Clerk of
the City of Iowa City (herein called the "Local Agency"). In such capacity,
v
I am custodian of its records and am familiar with its organization,
membership, and activities.
2. That the proper and correct corporate title of the Local Agency is
the City of Iowa City, Iowa.
3. That the City of Iowa City, Iowa, was duly created pursuant to the
authority of the constitution and statutes of the State of Iowa including,
particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at
page 435, and was duly organized on the 4th day of July, 1839; and since the
date of its organization, the Local Agency has continued to exist without
interruption in the performance of its public corporate purposes.
4. That the names and dates of election or appointment, and the dates
of the beginning and ending of the terms of office, of the members of the
governing body of the Local Agency and of its principal officers are as
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follows:
DATE OF DATE OF COM- DATE OF EXPIRA-
ELECTION OR MENCEMENT OF TION OF TERM
NAME & OFFICE (s) APPOINTMENT TERM OF OFFICE OF OFFICE
Mary Neuhauser
Mayor 1/4/82 1/4/82 1/2/84
Councilmember 11/6/79 1/2/80 1/2/84
!'
David Perret
1
Mayor Pro tem 1/4/82 1/4/82 1/2/84
IIII
Councilmember 11/6/79 1/2/80 1/2/84
John Balmer
Councilmember 11/6/79 1/2/80 1/2/84
Kate Dickson
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Councilmember 11/3/81 1/2/82 1/2/86
1
Clemens Erdahl
Councilmember 11/3/81 1/2/82 1/2/86
Lawrence Lynch
Councilmember 11/6/79 1/2/80 1/2/84
3
John McDonald
Councilmember 11/3/81 1/2/82 1/2/86
Neal Berlin
City Manager 1/14/75 1/14/75 Indefinite
Robert W. Jansen
City Attorney 6/30/81 1/2/82 1/2/84
Abbie Stolfus
City Clerk 9/1/70 1/2/82 1/2/84
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5. Each of the above-named officers required to do so has duly taken
and filed his oath of office and each of them legally required to give bond or
undertaking has filed such bond or undertaking in form and amount as required
j
by law and has otherwise duly qualified to act in the official capacity above
designated, and each is the acting officer holding the respective office or
offices stated beside his name.
6. None of the above-named officers is ineligible to hold or
disqualified from holding, under the provisions of applicable law, the
respective office, specified above, which he holds.
7. None of the above-named Councilpersons is an officer or employee of
/ the City of Iowa City, Iowa.
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General Certificate
8. Since January 4, 1982, there have been no changes in or amendments
to the charter, by-laws, ordinances, resolutions, or proceedings of the Local
Agency with respect to:
a) The time and place of and other provisions concerning regular
meetings of the Local Agency;
b) The provisions concerning the calling and holding of special
meetings of the Local Agency and the business which may be
taken up at such meetings;
c) The requirements concerning a quorum;
d) The manner in which the charter or by-laws of Local Agency may
be amended;
e) The requirements regarding the introduction, passage,
adoption, approval, and publication of resolutions,
ordinances, or other measures, relating to the approval and
execution of contracts and the authorization, award,
execution, or issuance of bonds, notes, or other obligations
of the Local Agency;
f) The officers required to sign, countersign, or attest
contracts, bonds, notes, or other obligations of the Local
Agency;
g) The office of the Local Agency; or
h) The seal of the Local Agency.
On January 2, 1976, the City Council adopted a Home Rule Charter
for the City of Iowa City, Iowa. Said Charter was passed according and
pursuant to State law.
9. The seal impressed below, opposite my signature, is the duly
adopted, proper, and only official corporate seal of the Local Agency.
IN WITNESS WHEREOF, I have hereunto set Iny hand -and the duly adopted
official seal of the Local Agency this day 1 ,
ABBIE STOLFUS
CITY CLERK
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�... - �ORIW"NIICR¢1:A6- .....
I CEDAR RAPIDS • DES MOINES
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HUD -9012
(11-68)
EXTRACT FROM MINUTES OF MEETING
EXTRACT FROM THE MINUTES OF A regular
MEETING OF THE City Council
OF THE City of Iowa City _
HELD ON THE 19th DAY OF January
The City Council of the City of Iowa City
met in regular meeting at
Civic Center in the City of
Iowa City P Iowa , at the place, hour,
Ind date duly established for the holding of such meeting.
The Mayor called the meeting to order and on roll cell the
?olloving answered present:
Balmer
Dickson
Erdahl
Lynch
McDonald
Neuhauser
Perret
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Ind the following were absent:
None
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The Mayor declared a quorum present.
•♦ e■•■ r• r �r r r r r• r• w
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The following resolution was introduced by Mayor Neuhauser
; read in full and considered:
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Perret moved that the foregoing resolution be
adopted as introduced and read, which motion was seconded by McDonald �
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_ I and upon roll call the "Ayes" and "Nays" were as follows; �
AYES NAYS
Balmer None
Dickson
Erdahl
Lynch
McDonald
I Neuhauser
Perret
The Mayor thereupon declared said motion carried and
said resolution adopted.
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There being no further business to come before the meeting upon motion duly mc,1e
and seconded, the meeting was adjourned,
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""JORM,'MICR(�ILAB
CEDAR RAPIOS • DES MOINES
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IiUD-9011
(11-68)
CERTIFICATE OF RECORDING OFFICER
I, Abbie Stolfus the duly y a ppolnted, qualified
and acting City Clerk of City of ,Iowa City
do hereby certify that the attached extract from the
minutes of the regular meeting of the City Council
of the City of Iowa City , held on January 19th, 1982
is a true and correct copy of the original minutes of such meting on file and of
record in so far as they relate to the matters set forth in the attached extract,
and I do further certify that each Resolution appearing in such extract is a true
and correct copy of a Resolution adopted at such meeting and on file and of record.
IN TESTIMONY wHEREOlr, I have hereunto set my hand and the seal of said
this 19th day of January , 19 82.
(SEAL)
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