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HomeMy WebLinkAbout1982-03-02 Resolutionr m9�bb2 IUHA h1Alc, IllUllnftl UUa10113J1U1\ rt.on Application for use of County 11 5, ,y` 3/2 Highway Right of Way for Utilities Accommodation Petmit No. _ i •IPPllcaflt': Iowa—Illinois Gas & Electric Company nd will be located as shown on the detailed plat attached hereto. 1GREEMENTS': The utility company, corporation, applicant, permittee, of licensee, (hereinafter referred to as lbe Permittee) j groes that rho following stipulations shall gavorn under this permit. f The location, eon and maintenance of the utility Installation covered by this application shall be In accordance with the currentt iuv State Highway COmmissiommisafou Utility Accommodation Policy. y The Installation shall meet the requirements of local munlelpsl, county, stale, and federal Tawe, franchise rules, and regulations, tegula- iona and directives of the Iowa Stale Commerce Commission, Utilities Division, the Iowa Stale Department of Health, all rules and rerula. (j ,ons of the Iowa Stale Highway Cemmlaalon, and any other laws or legulotlons applicable. V The Primitive shall be fully responsible for any future adjustments or Its facilities within the established highway right of way caused y highway construction or maintenance operations. The Iowa Slate Highway Commisalen shall give the Permittee at least ds hours written notice of any proposed const ru IIon or maintenance ork. on either existing or newly acquired flght•ofvay, that Is likely to eonnlct with the installation belonging to the Permittee, In Order that pr Petmittee may &fiance to protect Its facilities. The Stale of Iowa and the low' Stale Highway Commission Assume no responslbMty, for damages to the Permltlet's property occasioned by .oy construction or mal'nlenance operations on said highway. The Permittee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard ) he liver and property of the traveling Public and adjacent properly owners. ' F ' The Permtlice gripes to give the Stale Highway Commission forly.elghl hours' notice of Ila Intention to start construction on the highway i;:bt•of•wAy. Said notice shall be made In writing to the Engineer whose name Is shown below. The Permlllee agrees to at all limes give the Iowa Slate Highway Commission timely notice of Intention to Perform routine maintenance .illdn the ilght•of.way. Said notice shall be to the Engineer whose name Is shown below. �. The Prmdllre, and Its contaoloYs, shall carry on the construction of repair of the accommodated utility wi d th serious regard to the gnl[ly i' the public. Traffic protection shall be In accordance with Part VI of the current Iowa Stale lllghway Commission Manual aron UNfomr y: ,'aMc Conitols. liiebwAy Commission personnel may supervise flagging Operations where considered necessity by the Engineer. The original place_ trot of signs and removal on completion of the work shall be accomplished by the (Permittee) WlcAWy.LaootCct WtpX ' (cross out one) r' i 1. I- J0RM"_MICR�LAI3 -! j CEDAR RAPIDS •DES MOIUES �� M (Name of Owner) 206 E. 2nd St Davenport Iowa 52290 i (Address) (city) (Stile) (Zip Code) Iowa Stale Hlgbway Commission :tmes,Iowa gentlemen': ' Approval is hereby requested for the use of Primary Highway 218•&6 In Sec. 16 79N' R 6W Johnson (Number) County, 0.13m11es, N & S from Intersection of Hw s #6 kl and 4218 (Direction) (Place, Town, Etc.) I Highway Statlon(s) No, 500+96 to 507+96 .for the accommodation of an 13,800 volt 3 chase me for the transmission of electricity — lie Installation shall consist of Rebulldinq 618 ft of 3 chase. 13_Ann _,.. ,,-_ .____, nd will be located as shown on the detailed plat attached hereto. 1GREEMENTS': The utility company, corporation, applicant, permittee, of licensee, (hereinafter referred to as lbe Permittee) j groes that rho following stipulations shall gavorn under this permit. f The location, eon and maintenance of the utility Installation covered by this application shall be In accordance with the currentt iuv State Highway COmmissiommisafou Utility Accommodation Policy. y The Installation shall meet the requirements of local munlelpsl, county, stale, and federal Tawe, franchise rules, and regulations, tegula- iona and directives of the Iowa Stale Commerce Commission, Utilities Division, the Iowa Stale Department of Health, all rules and rerula. (j ,ons of the Iowa Stale Highway Cemmlaalon, and any other laws or legulotlons applicable. V The Primitive shall be fully responsible for any future adjustments or Its facilities within the established highway right of way caused y highway construction or maintenance operations. The Iowa Slate Highway Commisalen shall give the Permittee at least ds hours written notice of any proposed const ru IIon or maintenance ork. on either existing or newly acquired flght•ofvay, that Is likely to eonnlct with the installation belonging to the Permittee, In Order that pr Petmittee may &fiance to protect Its facilities. The Stale of Iowa and the low' Stale Highway Commission Assume no responslbMty, for damages to the Permltlet's property occasioned by .oy construction or mal'nlenance operations on said highway. The Permittee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard ) he liver and property of the traveling Public and adjacent properly owners. ' F ' The Permtlice gripes to give the Stale Highway Commission forly.elghl hours' notice of Ila Intention to start construction on the highway i;:bt•of•wAy. Said notice shall be made In writing to the Engineer whose name Is shown below. The Permlllee agrees to at all limes give the Iowa Slate Highway Commission timely notice of Intention to Perform routine maintenance .illdn the ilght•of.way. Said notice shall be to the Engineer whose name Is shown below. �. The Prmdllre, and Its contaoloYs, shall carry on the construction of repair of the accommodated utility wi d th serious regard to the gnl[ly i' the public. Traffic protection shall be In accordance with Part VI of the current Iowa Stale lllghway Commission Manual aron UNfomr y: ,'aMc Conitols. liiebwAy Commission personnel may supervise flagging Operations where considered necessity by the Engineer. The original place_ trot of signs and removal on completion of the work shall be accomplished by the (Permittee) WlcAWy.LaootCct WtpX ' (cross out one) r' i 1. I- J0RM"_MICR�LAI3 -! j CEDAR RAPIDS •DES MOIUES �� M u q, ppeu lions la the construction and maintenance of safd utility Installation shall be canted on in such a manner as to cause a minlmx" .f Interlerence to of dlstractlor of traffic on said highway. 1. The Permittee Shall be responsible for any damage that may result to said highway because of the construction operation, or maintenance j ! said utility, and shall reimburse the Stale of Iowa of lire Iowa Slate Iflghway Commission (of any expenditure that the State of Iowa of the - .,w•a Stale IUghway Commission may have to make on said highway because of said Permillee's utility having been constructed, operated, .nd maintained thereon. r I Iowa and the town Slate Highway Commission from any and all causes or The Pefmlllee shall indemnify and Save harmless the Slate of cllml, suite at law or in equity, or losses, damages, claims, or demands, and from any and all )lability and expense of whatsoever nature for, .ee to the acts or omissions of said Permlltee's officers, members, agents, representatives, contractors, employees of n account of, or d .,signs arising out of or In connection with Its (or their) use or occupancy of the public highway under this permit. i i :1. Non-compliance with any of the terms of the Illghway Commission policy, permit, or agreement, may 6e considered cause for shut -down , thholding of relocation reimbursement until compliance Is assured, or revocation of the permit. The cost of any work caused i operations or •d s be perfumed by the State in removal of noncomplying construction will be assessed against the Permittee. . ;. A copy of the approved permit shall be available on the Joh site at all limes for examination by Highway officials. L. The following special requirements will apply to this permit: i. .%PPLICANT: t_-•_ r,,: rye x Flt-ntrin Co By R� hardB"ock Ena. Tech Name of Owner Signature Title Iron rswer M.,e:raf•ina_ Iowa CitV. IA Dale Feb 12. 1982 Address I E APPROVAL OF CITY OR TOWN i oval for Installation.) If )lfoposed line Is within an Incorporated town or city, the Council of said town or city must grant appr "The undersigned city or town Joins In the grants embodied In the above perndl executed by the Iowa Slate Highway ':nmmission on condition that all of the covenants and undertakings therein running to the Iowa State Highway Commission .11,11 insure to the bene it o the undersigned city or [own. The permit Is approved by the below delegated city or town official." U6f�lle�Yi e_�—S ^� z j)• Title ignalure APPROVAL BY THE STATE FOR PRIM Dale '— Resident Malntenanc a WILLIA . ZITTERICH - -tit ------------- 4PPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS AND INTERSTATE HIGHWAYS dccuntmended — — Date .. Resident Maintenance Engineer District Maintenance Engineer Date •,pptoved Data Assistant Maintenance Engineer :olive of intention to slut construction on the highway tight -of -way shall be sent to: •-- Engineer Address Telephone S•l)ce at intention to start malnlenince on the highway tight -of -way shall be sent to: -- Englncer Address Telcphone��� i. I JORM^CMICR�LAB' J I CEDAR RAPIDS •DES MOINES J C i� Poles Involved Between Poles 10 & 12 Between Poles 9 & 13 r Between Poles 8 & 15 Between Poles 6 & 17 Between Poles 1 & 3 HIGHWAY CROSSINGS Survey Line 'Ir Crossing Point HIGHWAY CROSSINGS Survey Line Description Crossing Point 507+96 1 phase 120V crossing 20' min clearance , 507+04 1-1/2" Guy wire, 1-5/16" guy wire (below) 22' min clearance 505+90 1-5/16" guy wire, 1 phase 120V crossing 20' min clearance i 504+65 1-5/16 guy wire, 1 phase 120V crossing -20' min clearance - 1182+28 3 Phase 13,800V crossing, 33' min. clearance.. y / "v"nrn"rn ov i..- `DORM:"MIC R�LAB` ' CEDAR RAPIDS DES MOIRES � 1 JJ 3 OIL STATION LEAD -12' LEAD 19TA i� conu GUY TO BE\ LED. CROSSES 4+65. C APPLICATION FOR USE OF U.S. HIGHWAYS I, 6 AND 218 RIGHT-OF-WAY IOWA- ILLINOIS GAS & ELECTRIC CO. T79N, R6W, SEC. 16 IOWA CITY, IOWA BLDG. SPAN GUY TO BE REMOVED. CROSSED AT 504+69 8' LEA[ LEAD SPAN GUY TO BE INSTALLED. CROSSES AT 505+90. INOTE: ALL PROPOSED POLES WILL BE SET NO CLOSER THAN 2' FROM I THE EDGE OF THE HIGHWAY CURB. CAR WASH DRIVEWAY CL 506+85 _ LAUNDROMAT FIN 6 FEATHER SPAN GUY TO BE Oil SPAN CROSSES FI AT 507+04. O t' 9 _ 10 13 12 -- — �6' LEAD 6' LEAD DRIVEWAY SPAN GUYTO SE 506+70 REMOVED. CROSSED. AT 505+96. 40. STATION TO rL N0. I STATION 110 f 1 501+76 39' 10 507+96 31' 2 503+32 54' II 1 507+96 29' 3 503+47 55' 12 507+96 39' 4 503+67 33' 13 506+93 43' 5 504+60 32' 14 505+99 31' 6 504+57 49' 15 505+89 42' 7 505+97 32' 16 504+74 26' B 505+90 42' 17 504+74 42' 9_ 507+12 32' IB 503+67 42' Itiav JORM"MICR�LAB'- -_", -, CEDAR RAI']DS •DES Id01NE5 ' 1 I I I I T' NOTE: SPAN GUY TO BE REMOVED. CROSSED AT 1162+41. 10' LEAD 500+96� I 501 U.S. HWY. 218 NEW PAVEMENT IS SHOWN AS THE SHADED AREAS. — I 502+82 1 ....Ornurn ov 1,. JORMMIC R¢L4B" CEDAR RAPIDS DES MOINES J I I I I I I 503 503 OIL STATION LEAD -12' LEAD cone GUY TO BEA LLED. CROSSES )4+65. r - INOTE: BE S THE L J� LEGEND SCALE: I" = 50' O POLE TO BE INSTALLED O POLE TO BE REMOVED • EXISTING POLE --C ANCHOR GUY ---- RIGHT-OF-WAY/PROPERTY LINES r SECONDARY CABLE (TO BE INSTALLED) ----------SECONDARY CABLE (TO BE REMOVED) — 13.8 KV PRI. CABLE (TO BE INSTALLED) —_____ — 13.8 KV PRI. CABLE (TO BE REMOVED) 502+82 1 ....Ornurn ov 1,. JORMMIC R¢L4B" CEDAR RAPIDS DES MOINES J I I I I I I 503 503 OIL STATION LEAD -12' LEAD cone GUY TO BEA LLED. CROSSES )4+65. r - INOTE: BE S THE L J� 11 RESOLUTION NO. 82-43 RESOLUTION ACCEPTING THE WORK i FOR THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE III WHEREAS, the Engineering Department has recommended that the im- provement covering the Iowa City Downtown Electrical Revisions, Phase III as included in a contract between the City of Iowa City and Town and Country Electric of Iowa City, Iowa dated June 2, 1981 , 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 Dickson and seconded by Erdahl that the resolution as read be adopted, and upon roll call ere were: Balmer Dickson Erdahl Lynch McDonald Neuhauser Perret Passed and approved this 2nd AYES: NAYS: ABSENT: x x x x x x x _ day of March 1982, Mayor ATTEST: 4Wj:.n..) -jPl-� do#4 1Y� Received &Approved By Th�artment 33o t i urronniurn uv _..I I. JOR MMIC RbCAB 1 CEDAR RAPIDS • DES I40INES I � 1 _�o J� CITY CSF CIVIC CENTER 410 E. WASHINGTON ST. r'. r-� OWA CITY IOWA CITY, IOWA 52240 (319) 356-500D ENGINEER'S REPORT February 24, 1982 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Iowa City Downtown Electric Revisions, Phase III, as constructed by Town and Country Electric Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. 7Re e�tfully muted, Frank K. Farmer, PE City Engineer chael E. Kuc rzak, Director Housing &Inspection Services tp2/7 Ir i F �'— urronrn urn ov -. —JORM. "MICR#L AB' - ,L CEDAR RAPIDS • DES MOINES I IC'L' _ 1.. _ _ -� _ d.• _a_ _ 1. ._ _ i I _. - w I 330 i j i CITY CSF CIVIC CENTER 410 E. WASHINGTON ST. r'. r-� OWA CITY IOWA CITY, IOWA 52240 (319) 356-500D ENGINEER'S REPORT February 24, 1982 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Iowa City Downtown Electric Revisions, Phase III, as constructed by Town and Country Electric Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. 7Re e�tfully muted, Frank K. Farmer, PE City Engineer chael E. Kuc rzak, Director Housing &Inspection Services tp2/7 Ir i F �'— urronrn urn ov -. —JORM. "MICR#L AB' - ,L CEDAR RAPIDS • DES MOINES I IC'L' _ 1.. _ _ -� _ d.• _a_ _ 1. ._ _ i I _. - w I 330 ■• J%LCG�y�„ RESOLUTION NO. 82-44 RESOLUTION AUTHORIZING CONVEYANCE OF VACATED ALLEY RIGHT-OF-WAY PLATTED IN LYMAN COOK'S SUBDIVISION OF OUTLOT 25 AND BERRY HILL & PIERCE ADDITION WHEREAS, the City of Iowa City did vacate a portion of the alley right-of-way platted in Lyman Cook's Subdivision of Outlot 25 and Berry Hill & Pierce Addition; and WHEREAS, said property was vacated at the request of Ralston Creek Apartments, Ltd. with the intent of conveyance to same; and WHEREAS, a public hearing on the proposed conveyance was held on the 2nd day of March, 1982, at the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, with publication of notice as required by law; and WHEREAS, Ralston Creek Apartments Ltd. has agreed to provide a quit claim deed giving the City of Iowa City clear title on that portion of the vacated alley right-of-way located adjacent to Lot 4 of Lyman Cook's Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City agrees to convey the vacated alley right-of-way described in Exhibit A, after publication of vacation ordinance. 2. That the Mayor is authorized to sign and the City Clerk to attest a quit claim deed conveying said right-of-way to Ralston Creek Apartments Ltd. It was moved by Balmer and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald _ x Neuhauser x Perret Passed and approved this 2nd day of March 1982. MAYOR ATTEST: J>j2uo J !t TAY CLERK-K Received & Approved g The Legal Department ------------- P ' " JORM "MICR#LAB CEDAR RAPIDS • DES MOINES I I J� r,• 1" EXHIBIT A All of the following described real estate: Beginning at the northeast corner of Lot 4 of Lyman Cook's Subdivision of Outlot 25, Iowa City, Iowa, (this corner is assumed to be the southwest corner of the section of alley vacated July 5, 1966). Thence southerly along the easterly lot lines of Lots 4 and 5 of Lyman Cook's Subdivision and Lots 10, 9, 8, and 7 of Berry Hill & Pierce Addition to Iowa City, Iowa, to the southeast corner of Lot 7 of Berry Hill & Pierce Addition; thence in an easterly direction to the southwest corner of Lot 4 of Berry Hill & Pierce Addition; thence northerly along the westerly lot lines of Lots 4, 3, 2, and 1 of Berry Hill & Pierce Addition and Lots 10 and 9 of Lyman Cook's Subdivision to the northwest corner of Lot 9 of Lyman Cook's Subdivision (this corner is assumed to be the southeast corner of the section of alley vacated July 5, 1966); Thence in a westerly direction to the northeast corner of Lot'4 of Lyman Cook's Subdivision which is the point of beginning. located within the boundaries of the following described real estate: Part of 1,yman Cook's Subdivision of Outlot 25, Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Boo!: 4, 11a^le 79, and part of Berryhill and Pierce Addition to Iowa Cit_:, Iowa, as recorded in Johnson County Recorder's Office :':.st Sook 12, Page 188, more particularly described as fo11111. S: CO1TVV::c:i :'0 �s a point of reference at the Northwesterly corner yr :.ut 1,. Lyman Cook's Subdivision of Outlot 25, as recorcio..' in Johnson County Recorder's Office Plat Book 4, Page ?9; thence South 305.00 feet along the Westerly line of said Lyman Cc -:,k's Subdivision to a point of intersection with the Nort':a:-ly line of Lot 5, said Lyman Cook's Subdivision and Point of !..•-c-)inning of tract herein described (this is an assu:s:-d :1(•irin9 for purposes of this description only); thence continuing South 463.92 feet to a point of intersection with the' Southerly line of Lot 6 Berryhill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recor::.:r's Office Plat Book 12, Page 188; thence South 890 45' 40" East 41.00 feet along said Southerly line oz' Lot 6 Berryhill and Pierce Addition to a point; then;:_ North 360 31' 55" East 425.93 feet to a point; then:.,? last 25.20 feet to a point of intersection with the East.:•]., line of Lot 1 said Berryhill and Pierce Addition; the,ice N_nrth 00 04' 00" West 125.87 feet along the Easterly line e_' said Berryhill and Pierce Addition to a point of intersection with a line 20.00 feet Northeasterly from as measu--ed at right angles to the centerline of the Chicago, Rock lsl:lyd and Pacific Railroad Company's Northerly wye tract: as shown on plat prepared by Donald L. Slothower, Registered Land Surveyor No. 4971, dated January 23, 1970, recorded in the Johnson County Recorder's office Plat Book 9, Page 73; thence Northwesterly along said line parallel with and measurad in a Northeasterly direction 20.00 feet perpon- diculnr:.y from said centerline of the Chicago, Rock Island and Pacific Railroad Company's Northerly wye track (Chord North 3V 51' 41" West 91.41 feet) to a point of intersection with th•: Northerly line of Lot 9 said Lyman Cook's Subdivision: then,,: Nol Lh 690 52' 37" Nest 95.05 feet along said Hortlierlp line 1.•! :.r.t. 9 to a point of intersection with the Net;ter].y ]ins r •:d Lot 9; 1 `JORM^V MIC ROLA B- I CEDAR RAPIDS DES MOINES I ,I r - i i thence: $C-0tn 00 02' 00" East 77.00 f.ecL to a point of interse!c-.ion with the Northerly line of Lot 5 said Lyman 1 Cook's :it',dition extended Easterly; 7 thence Plurth 890 52' 37" West 169.76 feet along said Northerly line of: I.ot 5 and said Northerly line extended Easterly to point of Leginning, and All c:f LQts 6, 7 and 8 of said Lynan Cook's Subdivision except t.Lc 1.:nsterly 105 feet and except the Westerly 40 feet • of said lots, more particularly described as follows: Commencing as a point of reference at the Southeasterly corner of Lot 8 Lyman Cook's Subdivision; ' thence North 890 52' 37" West 105.00 feet along the Southerly line of said Lot 8 to point of beginning of tract herein described, (this is an assumed bearing for purposes of this description only). thence North 00 04' 00" West 228.00 feet along a line parallel with and measured in'a Westerly direction 105.00 feet perpen- dicularly from the Easterly line of said Lots 6, 7 and 8 to a point of intersection with the Northerly line of said Lot 6; thence North 890 54' 00" West 4.46 feet along said Northerly line of Lot 6 to a point; thence South 00 02' 00" East 228.00 feet to a point of intersection with said Southerly line of Lot 8; thence South 890 52' 37" East 4.59 feet along said Southerly - line of Lot 8 to point of beginning; i and suL-ject to easements of record, and containing 2.5 acres more or less; ! Excepting therefrom the following described real estate: 1 Commencing as a point of reference at the Northwesterly corner of Lot 1, Lyman Cook's Subdivision of Out Lot 25, as recorded in the Johnson County Recorder's Office, Plat Book 4, Page 79; ` thence South 641.21 feet along the Westerly line of said Lyman Cook's Subdivision and the Westerly line of Block 1, Berryhill and Pierce Addition to Iowa City, Iowa, as recorded in the Johnson County Recorder's Office, Plat Book 12, Page 188, to the point of beginning (this is an assumed bearing for purposes of this description only); thence East 78.37 feet to a point; thence South 530 28' 05" East 46.10 feet to a point; thence South 360 31' 55" West 125.00 feet to a point of intersection with the Southerly line of Lot 6 of said. Berryhill and Pierce.Addition; thence North 890 45' 40" West 41.00 feet along said Southerly line of Lot 6 to a point of intersection with said Westerly line of Block 1, Berryhill and Pierce Addition; thence North 127.71 feet along said Westerly line of Block 1, Berryhill and Pierce Addition to the point of beginning, subject to easements and restrictions of record. Said parcel contains 0.2 acres, more or less. l I r j 351 J - L DORM "MIC R¢LAEj CEDAR RAPIDS • D[S MOINES QO RESOLUTION NO. 82-45 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR H. P. SMITH COMPANY. WHEREAS, the owner, H.P. Smith Company, a subsidiary of Phillips Petroleum Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval of large scale non-residential development plan for the following described premises located in Iowa City, Johnson County, Iowa, described as follows: In T79N, R6 W, 5th P.M., Section 24, W k thereof; a parcel of land therein described as follows: Beginning at a point which is the intersection of the northerly right-of- way of U.S. Highway 6 and the easterly right-of-way of Industrial Park Road, Iowa City, Iowa, said point being more particularly described as follows: Commencing at the center of said Section 24, thence S 88140'00" W, 341.17 feet; thence S 00°50'00" E, 630.18 feet to the northerly right-of-way of said U.S. 6; thence N 51°30140" W, along said right-of-way, 983.79 feet; thence continuing along said right-of-way N 39128'00" W, 92.22 feet; thence continuing along said right-of-way N 51°20'00" W, 126.41 feet to the point of beginning; Thence N 38°41140" E along easterly right-of-way of said access road, 1,000.00 feet to an iron pin. Thence S 51118'20" E 650.00 feet to an iron pin; thence S 38°41140" W, 1017.30 feet to an iron pin on the northerly right-of-way of said U.S. 6; thence N 51°30140" W, 433.34 feet along said northerly right-of-way to a R/W rail; thence N 39°28'00" W, 92.22 feet along said northerly right-of-way to a R/W rail; thence N 51°20'00" W, 126.41 feet to the point of beginning. Said parcel contains 15.12 acres, more or less. WHEREAS, said property is owned by the above-named party; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development plan and have approved the same; and, WHEREAS, the said large scale non-residential development plan has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that the preliminary and final plan be accepted and approved. WHEREAS, said large scale non-residential development plan is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: uvonrn ucn ov �.1. ... JORM...MICR#LAB... CEDAR RAPIDS DES MOIYES I _y I 1. That the preliminary and final plans are hereby approved as a large scale non-residential development plan. 2. That the said plan shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments except that all sidewalk requirements shall be waived. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the offices of County Records of Johnson County of Johnson County, Iowa, after final passage and approval is authorized by law. It was moved by Balmer and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Dickson x Erdahl X Lynch x McDonald _ x Neuhauser X Perret Passed and approved this 2nd day of March 1982. MAYOR ATTEST: cu+o�J 'k a wyrc� ITY CLERK C Received & Approved BY 7ho Legal Department �fjc..✓-- �-a 5,c PL uvnnniurn nv 1, -I "-'JORM,""MIC RIJL�A B�� CEDAR RAFT DS • DES MDIYES 35�7_ i ENTRY RECORD OF CONSIDERATION AND FILING OF ESTIMATE On February 22 1982, the Council of the City of Iowa City met to consider and approve for filing and publication the proposed budget for the ensuing year. A quorum was present.The Council fixed the time and place for the public hearing on March 2 ,1982, at7:30 'clock -pm. at the Civic Center . The Clerk was directed to publish the required notices and estimate summaryas required by law. /s!JJAAIIJ C.AlyLLUIlLWA, Mayor /s/ �N-`-•-` / Yi Clerk GENERAL IN TRUCTIONS: If there is no city library, strike the words "at the city library" in the notice and substitute the words "a copy is posted at_". Insert in the blank one of the three places designated by ordinance for posting notices. Notice of hearing must be published at least once, not less than four nor more than twenty days before the date of the hearing. Publication must be in a newspaper published at least once weekly and having general circulation in the city. The 19824983 adopted budget is to be filled with the county auditor not later than March 15,1982. Extracts from 1981 Code of Iowa, Section 384.16: 2. Not less than twenty days before the date that a budget must be certified to the county auditor and not less than ten days before the date set for the hearing, the clerk shall make available a suffi. tient number of copies of the detailed budget to meet the requests of taxpayers and organizations, and have them available for distribution at the offices of the mayor and clerk and at the city library, if any, or have a copy posted at one of the three places designated by ordinance for posting notices if there is no library. 3. The council shall set a time and place for public hearing on the budget before the final certifica- tion date and shall publish notice before the hearing as provided in Section 362.3. A summary of the propposed budget shall be included in the notice. Proof of publication must be filed with the county ouditor. 5. After the hearing, the council shall adopt by resolution a budget for at least the next fiscal year, and the clerk shall certify the necessary tax levy for the next fiscal year to the county auditor and the county board of supervisors. The tax levy certified may be less than but not more than the amount estimated in the proposed budget submitted at the final hearing, unless an additional tax levy is approved at a city election. Two copies each of the detailed budget as adopted and of the tax certificate must be transmitted to the county auditor, who shall complete the certificates and transmit a copy of each to the state comptroller. i The twenty day deadline in Section 384.16(2) above is February 23, 1982. If the city, council desires, it is encouraged that a more detailed summary of expenditures be in- cluded in the notice following the governmental and utility sections which will provide a combined summary with more specific figures showing allocations to activities. A sample of such a summary is i shown below. FYE 6-30.81 FYE 6.30.82 FYE 6-30-83 EXPENDITURES - (Detail by Activity) Actual Actual/Estimated Proposed Combined Governmental & Proprietary Community Protection Program Police ..................................... 60.000 68,000 74,000 Fire ...................................... 45,000 60,000 56,000 Street Lighting ............................. 10,000 11,000 12,000 Totals ................................. 115,000 129,000 142,000 Human Development Program Library ................................... 15,000 16,000 18,000 General Recreation .......................... 3,000 3,600 4,200 Swimming Pool ............................. 18,000 19,000 21,000 Parks ..................................... 7,000 13,000 14,000 Totals ................................. 43,000 56,600 67,200 Home & Community Environment Program I Water Utility .............................. 63.000 66,000 67,000 I SewcrUtility ............................... 60,000 40,000 42,000 Electrical Utility ............................ 180,000 185,000 190,000 Solid Waste ................................ 25,000 28,000 30,000 Street Maintenance ......................... 60,000 64,000 70,000 Street Construction ......................... 67,000 137,000 161,000 jTotals ................................. 455,000 520,000 560,000 Policy & Administration Program Mayor and Council .......................... 6,000 7,000 8,000 Clerk ..................................... 40,000 44,000 48,000 Legal ...................................... 10,000 12,000 12,000 Planning & Zoning .......................... 8,000 14,000 10,000 City Hall .................................. 37,000 38,000 60,000 Liability Insurance .......................... 12,000 15,000 19,000 Totals ................................. 113,000 130,000 148,000 j TOTAL CURRENT EXPENDITURES 726,000 830,600 907,200 Accomponying these budget papers is a sheet of instructions for preparing the city's budget. It is impor. .. Cant to follow those instructions carefully. j' _;0 Instructions to publisher: Publish all of the Notice of Public Hearing except if the city has no Proprietary Operations, omit that auction. Form is designed for a aixdnch or narrower spread in the newspaper. Recommend such reduction in size for economy, so long as readability is not Impaired. Clerk: Delete names of utility or enterprise not applicable, add name of any enterprise nut covered by fist. Ir 5� F mrnnn,urnuvn o� -JORM MICR6LA13 _) L CEDAR RAI'ID8 •DES MDIYES I it I lid _ , . _ b_ _._ �.. ._ . _ T;•_.. _ \ _�i'..�( RESOLUTION NO. 82-46 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE LOWER RALSTON CREEK IMPROVEMENT PROGRAM - PHASE II WHEREAS, McAninch Corporation of Des Moines, Iowa has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to McAninch Corporation subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 2nd day of March ATTEST:aw�..t CITY CLE t 19 82 C_1_ lm t MAYOR Received & ApI?C0'10d' By She Wai'Departmont 36 i� u,rnnniurn ny L [CEDAR JORM"MICR#LAB- RAPIDS DES MOINES I � ' 1 y J'� ADVERTISEMENT FOR BIDS LOWER RALSTON CREEK IMPROVEMENT PROGRAM PHASE II Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 AM on the 23rd day of February, 1982, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 PM on March 2, 1982, or at such later time and place as may then be fixed. The work will involve the following: i Channel excavation and widening, site grading, sewer installation, stream bank rip -rapping, surface restoration and i tree plantings. All work is to be done in strict compliance with the plans and specifications prepared by j Shoemaker & Haaland Professional Engineers, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifi- cations for Highway and Bridge Construction" Series of 1977, Iowa Department of Transportation, Ames, Iowa. I Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank and filed in a sealed envelope separate from the one containing the proposal, and in the amount of 10% of bid made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a' period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. wronrn urn ov "JORM "MICRf LAB- I CEDAR RAPIDS • DES I40INES J ti Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of three 3 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 60 Completion Date: August 1, 1982 Liquidated Damages: $100.00 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Francis K. Farmer, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. The City of Iowa City hereby advises all bidders that it desires to utilize minority and women's business enterprises on this project. The City will affirmatively insure that minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and that bidders will not be discriminated against on the basis of race, color, sex, or national origin in consideration for a contract award. All bidders are required to certify, if they intend to subcontract a portion of the work, that affirmative steps have been taken to seek out and consider minority and women's business enterprises as potential subcontractors. Certification shall be made at the time of bidding or prior to the approval of a subcontract if the decision to subcontract is not known.at the time of bidding. If no minority business enterprises (MBE) are ttt ronrtt urn ov f _I `DORM -'MIC R+Id: B - CEDAR RAPIDS r DES MOIYES � I 01 _y utilized, the Contractor shall furnish documenta- tion of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. The City reserves the right to reject any or i all proposals and to waive technicalities and irregularities. i Published upon order of the City Council of i 1 Iowa City, Iowa. r i I Abbie Stolfus City Clerk of Iowa City, Iowa i t J i I � i 1 � I C F utronmurn ov JOR.M MICR#LAB_ ,_. ._._�...� I CEDAR RAPIDS • DES MOINES ,�� RESouniw NO. 82-47 RESOLUPICN AulwRIZING EMC[7PION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEiEAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa Dept. of Transportation a copy of said a r0%gril being attac to s Peso u s reference made apart tleseo=, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transoortation for a Federal Aid Bridge Replacement Proiect to replace the bridge on Camp Cardinal Road over Clear Creek. i S NOW, THEM-OFE, BE IT FIISOLVED By THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Iowa Dept of Transportation 2. That the City Clerk sh011 furnish Copies of said agreement to any citizen requesting same. It was moved by McDonald and seconded by Erdahl the Resolution be adopted, Zupan r6M all there were: I AYES: NAYS: ABSENP: x Balmer Dickson Erdahl -x x Lynch x McDonald x Neuhauser x Perret i Passed and approved this 2nd day of March , 1982. Mayor ATITST:%ih.. 'City Clerk —�—� Received a Approved By The Legal Department i ZL+BL 1 . � uvnnni urn nv I '-JORMTN . ICR�LAB f CEDAR RAPIDS •DES MOIYES 365 _y 1 2 3. 4. 5. PIR 7 8 9 10 11 12. 13 I^sed 11-4-81 EXHIBIT I Standard Provisions for FAUS, BRM and BROS Project Agreement Since this project is to be financed with local and federal funds, the CITY shall take the necessary actions to comply with applicable State and Federal laws and regulations. The CITY shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the STATE Action Plan for project environmental studies and Federal Highway Administration (FHWA) location/design approval. The STATE will obtain the A-95 clearance statement from the State Office for Planning and Programming (OPP), when necessary. The STATE will notify the CITY when the project requires an A-95 project clearance statement from the Areawide Clearinghouse. The CITY shall then obtain and submit to the STATE the necessary clearance statement. The CITY shall obtain agreements as needed from railroad and utility companies, and shall obtain project approvals from the Iowa Natural Resources Council, State Conservation Commission, U.S. Coast Guard, and U.S. Corps of Engineers. The CITY shall prepare the construction plans, specifications and estimates (PS&E). The design.shall conform to Design Standards for Federal -aid projects as set forth in Volume 6, Chapter 2, Section 1, Subsection 1 of the Federal -aid Highway Program Manual (FHPM). The project shall be constructed under the STATE Standard Specifica- tions and applicable special provisions. Prior to their use in the PS&E, specifications developed by the CITY for individual construction items shall be approved by the STATE and FHWA. The CITY shall forward the FAUS Project Development Certification and final PS&E to the STATE. Subject to the availability of funds, the STATE will submit these documents to FHWA for approval to advertise for bids. The CITY shall comply with the public hearing requirements of Chapter 384.102, Code of Iowa, and shall certify adherence to those requirements. This certification shall be submitted to the STATE prior to STATE and FHWA concurrence to award the contract. Upon receipt of FHWA authorization, the project will be let by the STATE in accordance with normal project letting procedures. After bids are received and opened, the STATE will furnish the CITY with a tabulation of all bid proposals. The CITY, by Council Resolution, shall act on the bids received and shall furnish the STATE with a copy of the Resolution. The STATE will review the bid tabulations and proposals, and will prepare an Iowa DOT Staff Action for concurrence to award the contract. The STATE will forward the necessary bid documents to the FHWA to secure concurrence to award the contract. After receipt of FHWA concurrence, the STATE will notify the CITY. The CITY shall enter into a contract with the contractor and secure his performance bond and certificate of insurance. The CITY shall forward to the STATE copies of the contract, par- formance bond and certificate of insurance. The STATE will prepare the Federal -aid Project Agreement, and submit it for FHWA approval and obligation of Federal -aid funds. The CITY shall comply with the procedures and responsibilities for materials testing and construction inspection set forth in Department of Transportation Rule 820-UO6,2 Chapter 2, Section 2.5(6)(e), IAC. The STATE will bill the CITY for testing services according to its normal policy. r-- � u,�ann,i,rn nv I JORMMICR#LAB-- CEDAR RAPIDS • DES 1401YE5 I 36 C R e�" Ell r 3�s urronrn urn ov -"JORM MICM6LAB CEDAR RA++IDS DES PIOIYES _ 2 _ 14. The CITY shall comply with the procedures and responsibilities for contract payments set forth in (06,P)2.5(6)(f), IAC. - 15. The CITY shall effect whatever steps may be required to legally establish the grade lines of the street facilities constructed under said project, and shall pay or cause to be paid all damages resulting therefrom, all in accordance with the provisions of Section 364.15, Code of Iowa. 16. The CITY shall effectuate all relocations, alterations, adjustments, or removals of utility facilities, including power, telephone and telegraph lines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities which are located within the limits of an established street or alley and which will interfere with construc- tion of the project. Certain utility relocation, alteration, adjustment, or removal costs to the CITY for the project may be ; eligible for Federal -aid reimbursement in accordance with the FHWA policy applicable to the type of utility involved. I 17. The CITY shall take all necessary legal action to discontinue current use and prohibit future use of the project right-of-way for business purposes, and shall prevent any future encroachments or obstructions within the limits of the project right-o£,way. The CITY shall also cause removal of private signs and other obstructions within the project right-of-way, and signs and other obstructions erected on private property which obstruct the view of the public street in conformance with the requirements of Sections 319.10 and 319.12, Code of Iowa. 18. The CITY shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The CITY shall also make such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the STATE, FMA, or any authorized representatives of the Federal (. Government. Copies of said materials shall be furnished by the CITY, if requested. 19. The CITY shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the FHWA and STATE. i 20. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways." 21. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): f a. The CITY stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) 'a List of Violating Facilities issued pursuant to the jrequirements of the Clean Air Act, as amended. b. The CITY agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of i the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. c. The CITY stipulates as a condition of Federal -aid pursuant to this agreement it shall notify the STATE i of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this agreement is under consideration to be listed on the EPA List of Violating Facilities. The STATE will forward the -notification received from the CITY to the Federal Highway, Administration. 3�s urronrn urn ov -"JORM MICM6LAB CEDAR RA++IDS DES PIOIYES L fat OF TBgNs A a = U c• IOWA 2 HIGHWAY DIVISION OFFICE OF LOCAL SYSTEMS 800 Lincoln Way Ames Iowa 50010 515-239-1348 I April 1, 1982 Re: Johnson County BROS-52IC(1)--8J-52 Iowa City i Ms. Abbie Stolfus City Clerk Civic Center - 410 E. Washington St. Iowa City, IA 52240 SUBJECT: Agreement 82-F-007 Dear Ms. Stolfus: This is not to be construed as authorization for the city to begin any construction activity on the project. The conditions in this agreement relating to project development must be followed in order to assure receipt of funding assistance. It is also important in the case of projects involving state and/or federal aid funds that proper materials inspection or certification be accomplished. This must be done along with necessary project inspection to assure full reimbursement of eligible funds. When the project is authorized and you have established the starting date for construction you should have your engineer or engineering consultant alert your Iowa DOT District Materials Engineer. A con- venient form is enclosed for this purpose with the name, address and telephone number of the person responsible for your area. This should be completed and sent at the appropriate time. Very /jtrully,-y-ou�rs,' William/� Sona P.E. Urban Systems Projects Engineer WN:dfo r cc: Office of Accounting Office of Materials Office of Contracts Office of External Audits District Office James A. Hogan, FHWA MIfROGII IACII Rv _. ._.._..._I 1-I- -'JOR M, --MIC R+LAB_ Ij CEDAR RAPIDS • DES M014ES I I r 1 r, r, DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL -AID BRIDGE REPLACEMENT PROJECT City: Iowa City County: Johnson Project No: BROS-52IC(1)--8J-52 Iowa Department of Transportation Agreement No: 82-F-007 WHEREAS, pursuant to Sections 306A.7 and 307A.4, 1981 Code of Iowa, the City of Iowa City , hereinafter called the CITY, and the Iowa Department of Transportation, Highway Division, hereinafter called the STATE, may enter into an agreement respecting the financing, planning, establishment, improvement, maintenance, use or regulation of public ways in their respective jurisdictions, and it is their opinion that the improvements in the traffic carrying capacity of the many streets is necessary and desirable, and WHEREAS, the Congress of the United States has provided for.the Federal aid Bridge Replacement Program, hereinafter call BRF, and Congress has made funds available through the Federal Highway Administra- tion, hereinafter called the FHWA, for the implementation of BRF Projects to rehabilitate or replace bridges on public roads on and off the Federal -aid System, these funds being administered by the STATE, and WHEREAS, pursuant to the authority of Chapter 307A, 1981 Code of Iowa, the STATE has established Administrative Rule 820-(06,P)6 to administer BRF projects in the cities of Iowa, and WHEREAS, BRF funding is available for reimbursement of up to eighty percent (80%) of the costs relating to an improvement on public roads on and off the Federal -aid System and local funds are to be used for the remainder of the improvement costs, a minimum of twenty per- cent (20%), and WHEREAS, the CITY has requested eligible reimbursement from BRF funds for project costs under this Federal Program, and WHEREAS, the CITY proposes a BRF project to replace the bridge on Camp Cardinal Road over Clear Creek; structure number 501480. NOW, THEREFORE BE IT AGREED: 1. The attached Exhibit I, Standard Provisions for Federal -aid Urban System (FAUS) Project Agreement will apply and is hereby made a part of this Agreement. i utronrn urn ov f 'JOi2M'MIC fi+LAB I CEDAR RAPIDS DES MOINES 1 1 J r, IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 82-F-007 as of the date shown opposite its signature below. City of Iowa City By �� ��Ilfti March 2 19 82 ary, I�eu auser Received S Approved Title Ma r By, she Legal Department I, Abbie Stolfus certify thatti am the Clerk of the CITY, and that Mary C. Neuhauser , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 2nd day of March , 19 82 . 'Signed City Clerk ofIowa t Iowa Date March 2 19.82 IOWA DEPARTMENT OF TRANSPORTATION Highway Divisions By. ry�% � 19 8z - Harold LHaro C. Scheel, P.E. Date Urban Systems Engineer JORM^VMICR�LAB Ij CEDAR RAPIDS •DES MDINES 3`s 1 RESOLUTION No. 82-48 RESOLUTION AATHORIZING E}mC[7!'IoN OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Dept. of Transportation , a copy of said a rem being atta to this Resolution am DY EEE reference made a part hereot, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation to install traffic signals at U.S. #6 and Fairmeadows Boulevard NOW, THEPMRE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Dept of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting score. It was moved by Balmer and seconded by McDonald Resolution be adopted, and upon ttwre were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 2nd day of March, 19 82 �dv id Te_rY"+ Mayor ATTEST:7;oe�T 'City Clerk Rccelvod 8, Approved By The Legal Depaliment P, • -'JORM.MICR�LAEl CEDAR RARIDS •DES MDIMES I the 364 _�o J� 4•�,` OF TpA�S.o 1 /o WA HIGHWAY DIVISION OFFICE OF LOCAL SYSTEMS 800 Lincoln Way Ames Iowa 50010 515-239-1348 April 1, 1982 Ms. Abbie Stolfus City Clerk Civic Center - 410 E. Washington St. Iowa City, IA 52240 SUBJECT: Agreement 81-U-056 Dear Ms. Stolfus: D Re: Johnson County UST -6-7(25)--4A-52 Iowa City This is not to be construed as authorization for the city to begin any construction activity on the project. The conditions in this agreement relating to project development must be followed in order to assure receipt of funding assistance. It is also important in the case of projects involving state and/or federal aid funds that proper materials inspection or.certification be accomplished. This must be done along with necessary project inspection to assure full reimbursement of eligible funds. when the project is authorized and you have established the starting date for construction you should have your engineer or engineering consultant alert your Iowa DOT District Materials Engineer. A con— venient form is enclosed for this purpose with the name, address and telephone number of the person responsible for your area. This should be completed and sent at the appropriate time. Very truly yours, (�,t;Q"40� a.�IleQi , William A. Nelson, P.E. Urban Systems Projects Engineer WN:dfo "V cc: Office of Accounting Office of Materials Office of Contracts Office of External Audits District Office i/ .n rnnrn urn nv [JOR'M-­MI-C-FV(�LAO -—_'....� CEDAR RARiDS • DES MOI4ES 344 1 -J ^rWA DEPARTMENT OF TRANSPOI�.TION AGREEMENT FOR URBAN -STATE TRAFFIC ENGINEERING PROGRAM PROJECT City: Iowa City County: Johnson Project No: UST -6-7(25)--9A-52 Iowa Department of Transportation Agreement No: 81-U-056 WHEREAS, pursuant to Sections 306A.7 and 307A.9, 1981 Code of Iowa, as amended, the City of Iowa City, hereinafter called the CITY, and the Iowa Department of Transportation, hereinafter called the STATE, may enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies involved, and WHEREAS, the STATE provides funds through the Urban -State Traffic Engineering Program (U -STEP), a cooperative program for relatively low-cost solutions that will speed traffic flow and reduce acci- dents on primary road extensions, and WHEREAS, the STATE has made these funds available for reimbursement in the ratio of 508 STATE funds and 508 local funds up to a maximum amount in STATE funds of $150,000, and WHEREAS, the CITY proposes to install traffic signals at the inter- section of U.S. 6 and Fair Meadows Boulevard. i NOW, THEREFORE, BE IT AGREED: i , 1. The CITY will prepare and furnish to the STATE for review the necessary plans, the specifications and an estimate of cost for the complete installation of the traffic signals. The signals proper shall conform to the Iowa Manual on Uniform Traffic Control Devices for Streets and Highways. 2. The STATE will share eligible materials,construction and right-of-way costs equally with the CITY up to a maximum STATE participation per project of $150,000. The estimated total of eligible materials, construction and right-of-way costs for this project is $30,500.00. If, upon completion of final plans, the estimate exceeds the preliminary estimate contained herein by 208 or more, the extra work or increased cost must be approved by the STATE prior to contract letting or beginning of construction. u ironm urn ov r JORM MICM�LAB_l CEDAR RAPIDS • DES MO1VE5 City: Iowa City "Agreement No: 81-U-056 3. Upon approval of final plans, specifications and cost estimate, the STATE will give the CITY written notice to proceed with the project. The CITY proposes to purchase the signalization equipment required for this project in three informal contracts. The three informal contracts shall cover the purchase of signal controller, signal poles and signal heads. The CITY will admin- ister the informal bidding procedures for the three partitions noted above insuring adequate competitive opportunities for vendors to participate in this project. The CITY. shall provide to the STATE for its approval, prior to formal action, copies of the informal bidding documents for the STATE'S approval. The CITY proposes to affect installation and construction using its own force account employees. The CITY will supply all conduit wire connectors and miscellaneous electronic components from its own inventories. The CITY will keep accurate records of its force account labor and the STATE will participate in eligible force account costs on a 508 CITY - 508 STATE ratio as per the agreement. 4. The project must be let to contract or construction started within two (2) years of the date authorized by the Department of Transportation Commission or this agreement is automatically cancelled. This agreement may be extended for a period of six (6) months upon receipt of a written request from the CITY prior to the cancellation date. 5. The CITY will be responsible for the costs of the traffic signal installation. Acceptance of the completed construction shall be with the concurrence of the STATE. The CITY shall prepare and a submit to the STATE a detailed billing statement of materials, installation and construction costs incurred by -the CITY. (Design, f inspection and administration costs will be borne by the CITY.) i If said statement is in proper form the STATE will promptly reim- burse the CITY in the amount of 508 of the eligible costs of the project, taking into account the limitations of Paragraph 2 herein. 6. Periodic billing statements may be submitted by the CITY during progress of the work. The STATE will review these statements and make recommendation as to their.payment. Payment will be made .... in accord with Paragraph"5. above.' 7. For reimbursement made to the CITY by the STATE, specific refer- ence is made to Iowa Department of Transportation Accounting I Policy and Procedures Manual, Chapter XV, Audits of Contracts j with Second Parties, a copy of which is attached hereto and marked "Exhibit A". 8. Upon completion of the project, the CITY will certify that the project was completed in accordance with the plans and specifi- cations before receiving final reimbursement of STATE funds. -2- 1A I POIK I I"C_I_1 OV 1 "- "JORM MICR#LA9J J CEDAR RAPIDS • DES MOINES I _y it City: Iowa City Ac^ement No: 81-U-056 9• Upon completion of the traffic signal project the CITY shall thereafter have ownership of and operate it at the expense of the CITY so long as signal protection is considered by either party as necessary at said location. If considered by both parties as no longer necessary at said location, the signals are to be removed by the CITY at the CITY'S expense, and may be installed at another location acceptable to both parties and thereafter shall be owned and operated at the expense of the CITY. .I 10. Signs and other traffic control devices necessary for construction of the project shall be furnished by the CITY and maintained in i accordance with the Iowa Manual on Uniform Traffic Control Devices. The safety of the the use of ro er the public shall be assured through pflood andwarning measures ilassnecessaryfences, barricades,lighting v -3- 1 ufronc ti urn nv� JORM:"MI R#L'AB- CEDAR RAPIDS • DES MOINES j i f n 3G6 J I ri IN WITNESS WHEREOF, each of the parties hereto has executed Agreement NO- .gl_T�_ as of the date shown opposite its signature below. i City. of Iowa City By ,, 14 11 1 March 2 19 82 Title I byor Received $ Approved By The Legal Department I, We Stolfus certify that I am the Clerk of the CITY, and that Mary C. Neuhauser Who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 2nd day of March 19 82 Signed 4erij tClof Iowa Iowa Date March 2 19. 82 IOWA DEPARTMENT OF TRANSPORTATION Highway Division By k (2. G Harold C. Schiel�% 19BZ Urban Systems Engineer Date J WrDISH urn DV ' I—JC)R.M MICR-�L AB'- CEDAR RARIDS •DES MDI4E5 t 3Gt all' 2 �i i i ��"o pF igq�s .o 0 � � p �. a'�Olr%Gfl7z(/'JZG` Q� G/ll/%Z��JOjG�C��GQ%Z /own HIGHWAY DIVISION District 6 Office November 25, 1981 430 16th. Ave. S.W. Cedar Rapids, IA 52404 FEF. No. UST -6-7(25)--4A-52 Phone: (319) 364-0235 Johnson County City of Iowa City Agreement 81-U-056 Charles Schmadeke, P.E. Director of Public Works Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Dear Charles: Attached are three (3) copies of a revised agreement that has :-been corrected to your letter. Please obtain approval of the Council and return two (2) signed copies to this office for processing. If you have any questions, please contact me. JOL:ms Attachment mes b. Loy strict Local Systems Eng ineer I� 711 If I mirom IIMCII ov II JOR M -M IC R#CA B-- /(1 , CEDAR RAPIDS • DES MOINES / f IIS•_ _ '- ___ � ._ - ti ■ 14 RESOLUTION NO. 82-49 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1982 THROUGH JUNE 30, 1984. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Police Patrolmen's Association, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1982, through June 30, 1984, a copy of which Agreement is attached to this resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above- re fere nced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Lynch and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald _ x Neuhauser x Perret Passed and approved this 2nd day of March 1982. 1U1� Ifr.Y�� MAYOR ATTEST: ;% un,J �YLily ,CITY CLQ ERK yam— "ironrpmrn ov 1� IDORM' -MIC -R CA B- ... CEDAR RAPIDS • DES NAIVES Received & Approved By Ue Lenal Departmont e7 �L 367 i -'o J� ■ L �1 CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION JULY 1, 1982 TO JUNE 30, 1984 uironrnurn ov JORM- ...._�__� / '""MICRf�ICAB " ' L` v 1 CEDAR RAPIDS •DES t401Yf5 I 1 I, L �1 CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION JULY 1, 1982 TO JUNE 30, 1984 uironrnurn ov JORM- ...._�__� / '""MICRf�ICAB " ' L` v 1 CEDAR RAPIDS •DES t401Yf5 ■ r" +I t - 1 ■ r" G TABLE OF CONTENTS utronnn�rn ov } JOR'M CRI�L-A B' CEDAR RAPIDS • DES ISDINES i ,f 36 7 PAGE PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I - RECOGNITION . . . . . . . . . . . . . . . . . . . 2 ARTICLE II -- MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . 2 ARTICLE III -- CHECK OFF . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV -- UNION BUSINESS AGENTS . . . . . . . . . . . . . . 3 ARTICLE V -- UNION MEETINGS . . . . . . . . . . . . . . . . . . . 4 ARTICLE VI -- BULLETIN BOARDS . . . . . . . . . . . . . 4 ARTICLE VII -- SENIORITY . . . . . . . . . . . . . . . . . . . 4 ARTICLE VIII -- DAILY AND WEEKLY HOURS OF WORK . . . . . . . . . 5 ARTICLE IX -- OVERTIME -STANDBY . . . . . . . . . . . . . . . . 6 ARTICLE X -- HOLIDAYS . . . . . . . . . . . . . . . . . . . . B ARTICLE XI -- VACATIONS . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XII -- SICK LEAVE . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XIII -- SPECIAL LEAVES . . . . . . . . . . . . . . . . . 10 ARTICLE XIV -- LAY-OFFS . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XV -- TRAINING . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE XVI -- PERSONNEL TRANSACTIONS -RULES. . . . . . . . . . . 14 ARTICLE XVII -- SHIFT TRANSFERS . . . . . . . . . . . . . . . 74 ARTICLE XVIII -- INSURANCE . . . . . . . . . . . . . . . 14 ARTICLE XIX - EQUIPMENT . . . . . . . . . . . . . . . 75 ARTICLE XX -- WEAPONS AND SPECIAL EQUIPMENT. . . . . . . . . . 16 ARTICLE XXI -- ADEQUATE FACILITIES . . . . . . . . . . . . . . . 16 ARTICLE XXII -- UNIFORMS . . . . . . . . . . . . . . . . . . 16 ARTICLE XXIII -- DUTY OUTSIDE THE CITY . . . . . . . . . . . . . 17 ARTICLE XXIV -= SUPPLEMENTAL EMPLOYMENT. . . . . . . . . . . 17 ARTICLE XXV -- POSITION CLASSIFICATION . . . . . . . . . . ... . 17 utronnn�rn ov } JOR'M CRI�L-A B' CEDAR RAPIDS • DES ISDINES i ,f 36 7 IF ARTICLE XXVI GRIEVANCE PROCEDURE .. . . . . . . . . . . . . . . 18 ARTICLE XXVII EFFECTIVE PERIOD . . .. . . . . . . . . . . . . . 21 ARTICLE XXVIII COMPENSATION . . . . . . . . . . . . . . . . . 22 ARTICLE XXIX PUBLIC EMERGENCY . . . . . . . . . . . . . . . . . 22 ARTICLE XXX GENERAL CONDITIONS . . . . . . . . . . . . . . . . 22 I J mironrio mrn�nvl - -JORM CEDAR RAP r��*- PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the IOWA CITY PATROLMEN'S ASSOCIATION, called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. The parties specifically agree to the following Articles: 367 UTPDAril urn QV -JORNAI -MICR CEDAR RAPIDS ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bar- gaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Sergeants, and any other individuals -who are or may become confidential, administrative, supervisory, or less than half- time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agree- ment. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of Undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section I. Except as limited by the provisions of this Agreement, nothing herein shall• be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. ' To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. 2 �.1. "DORM" MICR( LAB - -� CEDAR RAMIDS • DES MDIYES ' 36 7 r_ W1 r, ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized .statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will*not deduct dues beginning the first of the mbnth after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City and the Union. Section 4. The City agrees to withhold, upon receipt of proper authorization from an officer, the sum of Five Dollars ($5.00) monthly from each officer's salary to be paid by the City at least once quarterly to Treasurer, Local 16 of the Iowa City Policeman's Association. Section 5. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the pro- visions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. 3 imrnnn n.rn ov JO S'm MICR�LA0 CEDAR RAPIDS DES MDIYES I _;r J� ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or pre- cedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an.Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. 4 {J .n �nnniurn ov t � ""JORM' MICRbLAB - CEDAR RAPIDS DES M0N II L.. J r" I i ( _y r Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where -required by Federal or State law. ARTICLE VIII DAILY AND WEEKLY HOURS OF WORK Section 1. Work Week. a. The work week for officers who are not working a continuous shift shall consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/ her supervisor. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. C. Days off shall be defined as beginning with the end of the last regularly ,scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1, subsection b. For example: (1) For an officer assigned to the 7am to 3pm shift, days off shall commence at 3:00 pm on the last regularly scheduled working day and end at 7:00 am on the next regularly scheduled working day. (2) For the 3 pm to 11 pm shift, days off commence at 11 pm on the last regularly scheduled working day and end at 3 pm.on the next scheduled working day. (3) For the 11 pm to 7 am shift, days off commence at 7 am on the last regularly scheduled working day and end at 11 pm on the next scheduled working day. 5 r" - i Y,fOlI[�I IIf__b 0_V I. JORM-"MICR#LAB- CEDAR RAPIDS • DES MON _y 3467 L Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third 'hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week and shall be calculated by multiplying the current monthly salary times twelve (12) and dividing that amount by two thousand eighty (2,080) hours. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of eight (8) hours a day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the shift commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1�) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the P � uvonrn urn nv 1" JORM. MICRf CAB I CEDAR RAI'I DS • DES MDIVES 367 _;r n r\ type of work required, the ability of the individual officer, his/her availability, and his/her desire to perform the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited foward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). C. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to. do So. I j Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (') hour immediately following his normal work day, or b. One additional one-half ('s) hour of paid compensation at the overtime rate as the officer and his supervisor may j determine. Section 6. Stand-by Time. The parties realize that -it may be necessary or desirable for the City to require officers to be available -on a•stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week or weekend call. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed forty 40) hours in any one fiscal year and any excess in accumulation over forty (40) hours shall be paid. No overtime shall be carried over from one fiscal year to another and any overtime accumulated at the end of the fiscal year shall be paid. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or L direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate: 7 I� 1 F i � urnnniurn nv -' LI CEDAR RAPIDS DES MOIRES 367 IM I _y _y ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day subject to the approval of his supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous shift shall receive eighty-eight (88) hours of holiday credit on .July 1 annually. Any continuous shift officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as i yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for eighty-eight (88) hours of holiday time on July 1. The officer terminates on November I and HAS NOT USED ANY holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives eighty-eight (88) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor gay) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full shift on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full shift on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The shift starting 8 367 1 :::crcr:.::c� c� JORM MIC RdCAB �J•� ' CEDAR RAPIDS DES Ig014E5 !' I j time controls holiday designation. For non -continuous shift officers, a holdiay which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5-10 years 1 1/4 10-15 years 1 1/2 15-20 years 1 3/4 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of -employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (h) of the officer's then current hourly base salary. An officer must have been employed by the City for at lest one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day or accmulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: 0 i � uv nnniurn n i -JOR M•, -'MIC R�L A i I CEDAR RAPIDS DES MOINES I 367 -4 (1) Duty connected disability. ' (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify• his supervisor ora supervisor on duty on the shift immediately preceding his, as soon as reasonably possible, of any sickness or illness which will cause him to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to. other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the shift supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the j job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE XIII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City'may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Police Pension Board (I.C.P.P.B.), and b. The medical advisor of the I. C. P. P. B. determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the shift when the injury occurs and for a period of two (2) days thereafter if authorized by the I.C.P.P.S. days Ifthe twhichjto drrecuperate disabled andofficer returnretoiwork, any than additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension Is granted by the I.C.P.P.B. after which determination the sick leave and any other leaves used for such purpose shall be restored. 10 367 1. wrnnon u[n ov i '-JORM "MICR¢LAB- 1 CEDAR RAPIDS • DES MOMES ' �� r Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his accumulated sick leave with the approval of his supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he left and will receive compensation on the same basis as if he had continued to work at his regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day'of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Must pay group hospitalization premiums falling due during any month the officer. is not on the payroll, if coverage is desired. C. Must pay premiums for coverage under the group life insurance plan, if coverage is desired. d. Shall not receive any other job benefits during the period of absence. e. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. f. Shall not accrue seniority during leaves exceeding thirty (30) days. The Chief of Police may make exceptions to the above conditions (a. through f.) for leaves not exceeding ten (10) working days. Section 4. ur JOut . Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowances for mileage and expenses unless furnished by the City. An 11 f Wronn morn nv i UO R M- MIC R�LABi l� CEDAR RAPIDS • DES MOIYES r' officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her shift shall return to work. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the united States shall, when ordered to -active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in. regard to military leave. Officers subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose, of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. The officer will return to work as soon as she is medically able to do so. ARTICLE XIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. 12 rnronru urn ov 'JORM"MICR6SLAB CEDAR RAPIDS DES t401YC5 i 561 1 1 _y J� Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the sep- aration date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his hourly base pay. This section shall not be applicable to officers on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program.' Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/ her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. 13 uvonrnurn nv 1 - I—'JC)RM -IV1_1C_FV#LAB� - ! CEDAR RAPIDS • DES MOIYES 3�? r _y ARTICLE XVI PERSONNEL TRANSACTIORS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documen- tation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII SHIFT TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different shift, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to tie performed on the shift, and the need for personnel having certain qualifications on said shift. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade shifts provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City: Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary shift transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. / 14 367 F, F 7171 . 0v / "-JORPA t:-"MiS MON 9"" j CEDAR RAPIDS DES MDINES � J I 1 _4 Section 2. The City shall provide, at no cost to the officer, a d policy insuring the life of said officer in an amount equal to his 1 annual salary. Any fraction of $1000 in annual salary shall be rounded off to the next higher thousand. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIX E UQ IPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him in said vehicle to the shift commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety Standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. 1 Section 7. Equipment issued by the City shall be returned to . the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on all the radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote { speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. 15 i/ 367 r,... i 1 uironrnurn vv JORM- MICR+LA B'" l CEDAR RAPIDS • DES MOINES V G ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish within a reasonable period of time some bullet-proof vests with the number, type and quality being determined by the Chief of Police. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of two hundred ($200.00) dollars at the end of every four (4) months for clothing. Upon submission of receipts by an officer, the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of forty dollars ($40.00) per officer for the first year of the contract and up to a total annual allowance of seventy dollars ($70.00) per officer for the second year of the contract. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. 16 i 367 F j u,ronniurn nv l l- JORM 'MIC R#LAB" 1 I CEDAR RAPIDS • DES MOINES ti a' Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE THE CITY. Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, -these shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis, said officer shall receive his/her own pay or the pay designated for such other classification in which he/she is temporarily serving, whichever is higher, provided: 17 i _J wrnnniurn ov "DORM MICR#LAB I l CEDAR RAPIDS • DES MOINES I 367 _y �L t a. That the pay in the temporary classification shall not be applicable until the officer has served at least fifty (50) days or more within one calendar year in such other capacity. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall be given written notice to the j City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in -the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance \ procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. C. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in,salary advancement to which the officer would be entitled by virtue of time in grade. 18 367 ; ..... . J' u ?ronniurn —.7--1� I I. ""JORM MICR6LAEI I CEDAR RAPIDS DES MOl4ES J- I F, e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. I Section 2. Procedure. A grievance that may arise shall be pro- cessed and settled in the following manner: i a.Step 1. The grievance shall be presented orally for discussion between the.officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his designated representative who i shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. C. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The 19 i i r , 1 i 1i ulronni urn ov - ,1 "JORM MIC RbLAB_._.i" I CEDAR RAPIDS • DES MOINES j J_ ti Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is' scheduled. The City Manager will investigate and respond. to the grievant within ten (10) working days and meet personally with the. grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed, by the grievant within fifteen (15) working days following receipt of i the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbi- tration shall be divided equally between the parties. ! Each party shall bear the cost of preparing and pre- senting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the officer within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the officer shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator, / 20 j3417 - % u,rnnan nrn nv � "JORM MICR16LAB ..J J \ + CEDAR RAPIDS DES MOINES I - r' - \ all -2 J _,0 21 ig 367 r , uvonniurn av L �A1 -. _. JORM _. MICRALAB.._ CEDAR RAI'1 DS • DES MDIYES I _y J� The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall .be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Association. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. C. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. 'All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Association and the City shall exchange agendas for items for consideration at least three (3) days in advance. ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1982, and shall continue through June 30, 1984. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. 21 ig 367 r , uvonniurn av L �A1 -. _. JORM _. MICRALAB.._ CEDAR RAI'1 DS • DES MDIYES I _y J� ,-. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by seven percent (7%) for the first year of the contract and by seven percent (7%) -for the second year of the contract based on each officer's salary as of the day prior to the effective date. (A copy of the Police Pay Plan is included as "Attachment A" to this agreement.) Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in November in -accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $200.00 10 years $275.00 15 years $375.00 20 years $475.00 shiftsontaoregularhift le basiewillreceive Officers l of their -normal wage for (5) entsperhouronot11 Officer1 Officers working the 11 to 7 shift onl hours oakregular basis will receive ten (10) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive shift differential at the same rate as their normal duty hours. Section 5. Equalization of Benefits. If either the shift differential or longevity pay is increased in any other bargaining unit, the same increase will be granted to the Iowa City police Patrolmans' Association. ARTICLE XXIX PUBLIC_ EMERGENCY Section I. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. 22 "Ircncn"cn JOR M -MIC Rfavi/L AB i. -- CEDAR RAPIDS • DES M0I4ES f 367 J� Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, religion, sex, age or ethnic background. Section 4. Waiver. This Agreement supercedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Chances. The City shall give the Union as much advance notice as possible of any major change of working conditions. CITY OF IOWA CITY BY: ((1 A MAYOR Date: March 2, 1982 IOWA CI LICE PATROL N'S ASSOCI I0N BY:ID"�r PRESIDENT ti 23 367 utronotuan ov � �� - JORM MICR411LAB- LEDAR RAPIDS •DES M018E5 I � IF � n ATTACHMENT A POLICE.PAY PLAN JULY 1, 1982 POSITION TITLE MINIMUM A Police Officer Hr 7.63 Biwk 610.40 Ann 15,870.40 I Hr 8.16 Biwk 652.80 Ann 16,972.80 MID -POINT B C D 7.82 9.38 10.28 625.60 750.40 822.40 16,265.60 19,510.40 21,382.40 JULY 1, 1983 8.37 10.04 11.00 669.60 803.20 880.00 17,409.60 20,883.20 22,880.00 7n�eii u77ev `CEDAR RAPIDS •DES M014E5 I 111 _y i i a MAXIMUM E P 11.06 884.80 23,004.80 i 11:83 946.40 24,606.40 J! 7n�eii u77ev `CEDAR RAPIDS •DES M014E5 I 111