HomeMy WebLinkAbout1982-04-13 ResolutionRESOLUTION NO. 82-73
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made appli-
cation and paid the mulct tax required by law for the sale of
cigarettes and cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
Second Avenue Resturant, 1010 Second Ave.
Bob's Discount Radiator, 323 E. Burlington 30
Pester Marketing Company #59, 2 South Dubuque
It was moved by Perret and seconded by Lynch
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
i
Balmer X
Lynch __ X
Erdahl X
Neuhauser X
Perret X
Dickson X
McDonald x
Passed and approved this 13th day of April
19 82
Mayor
Attest za-
City Clerk
SON
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! MICROFILMED BY
1-
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CEDAR RAPIDS • DES MOINES j
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IOWA DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
1, ,J
Application for use of
Highway Right of Way for
Utilities Accommodation
Northwestern Bell Telephone Company
,ounty Johnson
Permit No. 5�-'-"Eih7
Applicant:
(Name of owner)
830 -1st Avenue N. E., Cedar Rapids, Iowa 52402
(Address)
(city) (State) (Zip Code)
'
Iowa Department of Transportation
Ames, Iowa 50010
Gentlemen:
518 la Sec. 17 & 18
Approval Is hereby requested for the use of Primary Highway (Number)
T.79N R 6W Johnson County 1,395 few__
west from Mormon Trek Boulevard Iowa CityIowa
(Direction) /37) f 80 s/6 Erofs.l-9 (Place, Towu. eco.) .
telephone cable
at Highway Still..(.) No. 3522-3538 for the accommodation of ap j
Una for the transmission of voice
The inseallationahaD Consist of startin ta
at stion 3522 east to station 3525 then' north to station
fuetailtd Desalodon) 'f
AGREEMENTS: The [thirty company, corporation, appllunt, permittee, or licensee, (hereinafter refereed to as the Permittee)
agrees that the following stipulations shall govern tinder this permit.
L The location. . construction and maintenance of the utility Installation covered by this appitcadon pball be In accordance with the Current
Iowa Department of Traasporution Utility Accommodation Polley.
2. The installation shall meet the regalremGuts of local municipal, county, state, and federal laws. franchise rules, antiregulationsre111M
erce Commission, Utilities rules d
sioe, the Iowa State Department of Health.
tiaas and directives of the Iowa Stan Comm
of the Iowa Depuunem of Tteasportadon, and nay other laws or regulations applicable.
8. The Permittee shall be fully responsible for any future adjustments of Its facilities within the established highway right of way caused
by highway construction err maiDtenance operations.
4. The Iowa Department of Transportation shill give the Permittee at least 48 hours written notice army proposed construction or malnteaaaee
work, on either existing of newly acquired right•of•way, that 1s Ilkely to canfllct with the installadon belonging to the Permittee, in order tbu
the Permittee may arrange to protect Its facilities.
S. The State of Iowa and the Iowa Deputment of Traasponufon assume no tesponsiblllty, rot damages to the Permittees,property occasioned
by any construction or malnteoaaee operations on said highway.
d. The Pennines shill take all reasonable precaution during the eonstncdon and maintenance of said Installation to protect and safeguard the
lives and property of the traveling public and adjacent property owners.
T. The Permittee agrees to give the Iowa Department of Transportation forty-eight hours' notice of Its Intention to start construction oa the
highway right-of-way. Said notice shall be made In writing to the Engineer whose name Is abown below.
8. The Permluee agrees to at all times give the ton Department of Transportation timely notice of Intention to perform routine maintenance
within the right-of-way. Said notice shall be to the Engineer whose Dame Is shown below.
9. The Permittee, and Its contractors• shill carryon the construction of (spilt of the accommodated utility with serious regard to the safety of
the public. Tralfle protection shall be In accordance with Part VI of the current loya Department of Traasportadon Meavil on UnlfOrm
Traffic Control Devices for Streen and Highways.
Highway Division personnel may supervise flagging operations where considered necessary by the Ecgineer. The original placement o
signs and reoroval on completion of the work shall'be accomplished by the (Parmittas) (Highray-DSvfafoel. ... •,�'. _
(M. oro neo)
1•IICROr ILMED BY
JORM MICR6LA13
CEDAR RAPIDS • DES MOINES
i
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I
nt Operations (n the Conon of Lra oo and =In''.I irli of•n!d ud11 [y lastalladon shall be unl cdaa•In such a maauer as m cause 4
" interference to or the
of uaffic ons'"`{ highway, _ .
I1. The Permittee shall be responslble for an ' u •-
of said util(ty, and shall reimburse the State of to iage that may reaWt In said highway because of the conetmctloo operation, or mainten.
Iowa Department of Transportation may have [o make on or tsaid he 10%'a bra
Department f said
Penur of aqv ezlity b, I that the State of Iowa
and maintained thereon. B ybecause of said Perm(ttee'a utility having been conswcted, o e
or the
12. The Permittee shall indemnifyP ra[ed,
act(on, suits at law of 1n equity, or losses. dam aJess [he State of Iowa, and the Iowa Department of Transportadon from any and all causes of
on account of, or due to the acts or omtrell as of aaldlaims r de Officers,.d from s,
assigns arising out of or 1n connection with ry 10d all liability anti ezpense of whatsoever
Its ,or theft) use or oecu - agents, representatives, contractors, employees acture for,
Peaty of the public highway under this permit. or
sll Noncompliance with any of the terms of the lova Department of Trane
she costs of utl work onswcdon opera
or withholding of teloeadon reimbursement until permit,
Of agree Is assured, or revocationsde ed
The cos[ of any work caused to be performed by the State in removal of orei mom Ion policy permit, or agreement. may be considered casae for
14. ,A copy of the a P ging construction will be assessed against the Permor s PemIL
approved permit sball be available on the job site at all times for examinationIttee.
15. The following spebial re by Department o/ Transportation offt elals•
qulremems mill apply to this permlc
i
APPLICANT:
Northwestern Bell Telephone Company �Rbok
830=1st Avenue N�E�IownerBY a Erlgr DistrC d Ra 'ids Iowa 52402 S TYus
Address Date — :z _ fd V,
APPROVAL OF CITY OR TOWN
a proposed line Is edthin
cit an Incorporated town or city, the Council of said town or city must
The signed city o
po�� 4an co clition the I of the pinscovenants10the rants ambD led in the Dines herein above
running�t a Iowa ecutp at approval for installation,)
Insure t b o e and signed city Iowa. TheY the Iowa De
partmeot of Trans_ I
By permit i �aPPtoved by the below delegated citent Of
for to n Official. smell
Slgaattve ��' r L ;
Title m /rn Date
APPROVAL BY T -HE STATE FOR
D ALLATIONS
Resident Yriin a Engineer I
WILL M E.ZITTERICH Dale
APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS
Recommended
pH�r,
•
District 4alntenanea EngineerDate
Approved
-... Assistant
"aaeEgineer Due
Notice of
intention to start w ' Date
nstrnttlon on the highway dgbt•ofya
y shall be sent to:
Engineer
Address
Notice of lnteauon tos
tart to lntenlace on the highway, d Telephone
g 7 ghbof- y ra shall be sent lo:
I Eagiom
._:.- .. .., Address
,,e nnnf a lal.._nll_. H._ ...Ill l_ .___I,...f Int •11 Iw.INI•Hnw. -. :.:.. •: •.. •'
.. _ •. Telephone .,.., :.'.
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141CROFILIIED BY i
} ` JORM rAICR46LAB - J
1 CEDAR RAPIDS • DES M0114ES
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—,%Application for use of C
Jgh%ay Right of "'ay for
Utilities Accommodation Permit No. _trite
Tlicant is Arr/
(Name of Owner) ry
7-q6
(Address) (City) t (State) (Zip Code)
La Department of Transportation
aes, Iowa 50010
:ntlemen':
Approval is hereby requested for the use of Primary Highway in See. (P
(Number)
Rte_, LW U -NOL(
County 3 miles,
14, S —
4(ay I -ti 6YID41a I?
f (Place. town, Etc.)
'Highway Station(s) N 0 for the accommodation of an &Aad� L -141C
Zzs
ie for the transmission 10,
e installation shall consist of L !S D /if
(De fled D'Seri tion) M
67 +a I? c
Id will be located as shown on the detailed plat attached hereto.
3REEMENTS': The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee)
trees that the following stipulations shall govern under this permit.
��T.he location' construction and maintenance of the utility installationrtcovered by this application shall be In accordance with the current
2 Department of Transportation Utility Accommodation Policy.
installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regulai
ins and directives of the Iowa state Commerce Commission, Utilities Division. the Iowa State Department or Health, all rules and regulations
,the Iowa Department of Transportation• and any other laws or regulations applicable.
The Ptmltiee shall be fully responsible for any future adjustments of Its facilities within the established highway right of way caused
,highway construction or maintenance operations.
The lora Department or Transportation shall give the Pelmixtee at least 48 hours written notice or any proposed construction
irk, on either existing 01 newly Requited right-of-way. that is likely to con of maintenance
conflict with the installation belonging to the Permittee, in order that
F. Pernoritee may arrange to protect its facilities.
The Suit of Iowa and the Iowa Department of Transportation assume no responsibility for damages to the Permittee's pro
any construction or maintenance operations on said highway. PertY Occasioned
The Permittee shall take all reasonable precaution during the construction and maintenance of said Installation to Protect and safeguard the
Its and PIDperty, of the traveling Public and adjacent Property owners.
The Permittee agrees to give the Iowa Department of Transportation folty-eight hours' notice or its intention to start construed
!:hway righi-of-way. 'Said notice shall be made in writing to the Engineer whose name is shown below,
on on the
The Perminee agrees to at all times give the Iowa Dell3riment of Transportation timely notice of intention to perform routine maintenance
'thin the right-of-way. Said notice shall be to the Engineer whose name is shown below. I
i The Permilice, and its Contractors, Shall ewry 0 the construction or repair of he acromm
f. n odated utility with serious regard to the safety of
public. Traffic Protection shall be in accordance ml-ith Part VI of the current Iowa Department of Transportation Manual on Uniform
,�Iffic Control Devices for Streets and Highways.
Highway Division personnel may supervise flagging 01'el2tion, -here considered necessary by the Engineel.
S and I Tile Original placement of
In removal on completion of the work shall be acrOmplished by the (Permittee)
tine)
J -7d
MICROFIL14ED BY
A 133-
-JORM MICROLIJ A
CEDAR RAPIDS - DES MOINES
I
Opera u„ns to tier construction and maintenance. said utility tnstzllauon shall bt• cxmcd un Ir such a marine: 3o- to caust
'ederence It, or distraction of traffic on said hiE �; h
l The Permittee shall be responsible for any damage that may result to said highway because of the construction operation, or maintenance
,said utility. and shall retmLur se the State of ]own or the Iowa Department of Transportation any expenditure that the State of Iowa or the
'xa Department of Transportation may have to make on said highway because of said Penntttee's utility having Leen constructed, operated,
d maintained thereon.
�. The Permittee shall indemnify and save harmless the State of Iowa, and the Iowa Department of Transportation from any and all causes of
tion, suits al low or in equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for,
account of, or due to the acts or ommissions of said Permiuee's officers, members, agents, representatives, contractors, employees or
signs arising out of or in connection with Its for their) use or occupancy of the public highway under this permit.
Non-compliance with any of the terms of the Iowa Department of Transportation policy, permit, or agreement, may be considered cause for
ut-down of utility construction operations or withholding of relocation reimbursement until compliance is assured, or revocation•of the permit
,e cost of any work caused to be performed by the State in removal of non -complying construction will be assessed against the Permittee.
. A copy of the approved permit shall be available on the job site at all times for examination by Department of Transportation officials.
The following special requirements will apply to this permit•.
Address
By
Signature
lgna re / Title
Date
PPROVAL OF CITY OR TOWN
if proposed a is within an incorporated town or city, the Council of said town or city must grant approval for installation.)
"The rid signed city or n -oins in the grants embodied in the above permit executed by the Iowa Department of Trans-
. ortat90to'
co dition that of the covenants and undertakings therein running to the Iowa Department of Transportation shall
e rte L adersi ed clly or town. The permit s approved by the below delegated city or town official.'
C:i EMS/'-�2Date l7e—/11—'to
- I
Signature arihe
PPROVAL BY THE STAT R NE URIED INSTALLATIONS
g Rj�t(jTERiC Date—L 7 eZ
Reside alntenance En Sneer
i
IPPROVAL BY THE STATE FOR BRIDGE ATTACIihtENTS
ecommended
Resident Maintenance Engineer Dale
District Maintenance Engineer Date
pproved
� Assistant Maintenance Engineer Dxlc
nice of intention to start construction on the highway right-of-way shalt be sent to:
Engineer Address Telephone
ptice of intention to start maintenance on the highway right-ef-way shall be sent to:
Engineer Address Telephone
1 �
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MICROFILMED BY
L
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I DORM MICR J
I CEDAR RAPIDS - DES MORES
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Account Title:wo�e.eOMThority
Account Number:
82-74
RESOLUTION FOR FACSIMILE SIGNATURES
j
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
Of Iowa, and that the following is a true and correct copy of certain
N1l
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
1
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April 19 82
and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this
municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts
or other orders for the payment
of money drawn in the City's name, including those drawn to
v
the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof,' when bearing or
I
purporting to bear the facsimile signature(s) of any
two of the following: (please type
or print. Furnish specimens of each
facsimile signature on a signature card.)
CITY MANAGER
_Neal C, RPrlin
TREASURER
//�
`
•.�.•�--�%��:� L
Hancv Heaton
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for
all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature
or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures
facsimile
resemble the
specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the
City Clerk or any
government. other officer of this municipal
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal of said municipal overnment
to be hereto affixed this 13th day of
ADri l 1982
Affix Corporate Seal Below:
1 I41CROFILMED BY '
I 1_ -'JORM-MICR#LA9 - .I
CEDAR RAPIDS DES Id019E5
I
Received & Approve+
By The Lcpal Dcp;rlra:rf
59/
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It was moved by ret and seconded by | f«nC� the Resolution
! ^---_ ��'~ ~~~~.---^---
� he adopted, and upon roll call there were:
i
�
AYES: NAYS: ABSENT:
X 8almer /
--�— ---- Dickson
---- ---- --~x--'Erdahl
� --x— ---- --~^--' nch
� --x— —�`-- -----~' McDonald
� --x— —�~~ ----~~ Neuhauser
� —^x^ --~—` -----~Perret
---- ---- -------
� Passed and approved this 13th day of April , 1982.
i-------'
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CITY CLERK
�
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1—JORM ——R+ *
--' ' - —� --�'
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Account Title: water Bond Reserve
Account Number: 6250-711-6
82-75
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
Of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April8P
—� 19_, and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's name, including those drawn to the individual order
thereof
any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (please type or print. Furnish specimens of each
facsimile signature on a signature card.)
CITY MANAGER
i TREASURER
Nancy Heaton
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN EOF,
ve
ApWriliS iia eto affixed bfime and
have
caused
the
seal of sadmncpalgoement tobe here affixed
this 13th day of
Affix Corporate Seal Below:
- MICROf ILMED BY
i -DORM MICR(SLAB-
r_ CEDAR RAPIDS • DES MOINES
Received & Apprnved
By The Legal Dopartrnert
5? a.
-I*
J_�
1�r
It was moved by Eret
be adopted, and upon roll cahereand seconded by r7Lynch
the Resolution
AYES: NAYS: ABSENT:
x Balmer
X— Dickson
j x x Erdahl
x Lynch
x McDonald
x Neuhauser
Perret
Passed and approved this 13th day of April
1982.
\ ` " MICROFILI4ED BY
LLJORM LAB
CEDAR RAPIDS
• DES DES MOINES
1
I
1
I I.
I'
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Account Title: Sewer Bond Reserve
7 Account Number: 6250-710-8
REg SOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April 19 82 , and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's name, including those drawn to the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (Please type or print. Furnish specimens of each
facsimile signature on a signature card.)
CITY MANAGER
Neal G. Berlin
TREASURER y�f
Nancy Beaton
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal ofsaid municipal �gvernment to be hereto affixed this 13th day of
f
p 19
Affix Corporate Seal Below:
Received & Approved
By The Legal Department
593
�- MICROr1LMED BY
-'JORM- MICR#LAB
{ I 1 CEDAR RAPIDS • DES MOINES ,
/ I
/ 1
J
It was moved by P -'et and seconded b Lynch
be adopted, and upon roll call there were: y the Resolution
AYES: NAYS: ABSENT:
x Balmer
x Dickson
i —
x x Erdahl
Lynch
x McDonald
x Neuhauser
x Perret
Passed and approved this 13th day of April 1982.
VIM YDR
ATTEST:
CITY CLERK
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_.,. S93
t MICROMMED BY
-I
..�,� I. l._... ...-JORM.... MICR�l.AO-
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CEDAR RAPIDS •DES MOINES j
J
Account Title: water Bond Reserve
Account Number: 010-033-9
82-77
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April 19 82 ,and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's.name, including those drawn to the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (Please type or print. Furnish specimens of each
facsimile signature on a signature card.)
CITY MANAGER
Neal G Berlin
TREASURER 72ro_
G i
Nancy Heaton
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal of said municipal Evernment to be hereto affixed this 13th day of
April 19_
Affix Corporate Seal Below:
I
i
j
II Reeofveci & Approved
By The Lcpal Do-par=M1
SON
a I '`-
MICROFILMED BY
--DORM MICR46LAB _1
J
! I CEDAR RAPIDS • DES MOINES
A
It was moved by _"'ret and seconded by -'Lynch 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 13th day of April 198-2.
Al
'
Al
MAYOR
ATTEST:
CITY CLERK
MICROFILMED BY 1�
1.�`. JORM;"-MICR+LA9- - --)- 1
CEDAR RAPIDS • DES MOINES
I
. ti
I�
Account Title: Iowa City Housing Authority
Account Number: 6250-475-8
82-78
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April 19 S2 , and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's name, including those drawn to the individual order
of any person or.persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (Please type or print. Furnish specimens of each
facsimile signature on a signature card.)
CITY MANAGER
Neal G. Berlin ���� .
TREASURER
y--a.'b-moi
nlancv Heaton O
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom cr by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal of said municipal government to be hereto affixed this 13th day of
April , 19 62
Affix Corporate Seal Below:
Received R Apprnv d
B The kegal p�;I;artinert
141CRDFI LIdED BY
—DORM MICR+LAB
+
CEDAR RAPIDS • DES MOIYES
i
595
r
d
i
1
-V
I
It was moved by Pet and seconded by '_ynch the Resolution
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
i x Dickson
x Erdahl
x Lynch
x McDonald
x Neuhauser
x Perret
Passed and approved this 13th day of April 1982.
"yll�cuu C. AA MQU"L"
MAYOR
CITY CLERK
'1
r I4ICROFILMED BY
1" 'JORM:"MICR#LAB'
CEDAR RAPIDS DES MOINES
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Account Title: Iowa City Public Housing
82-79 Account Number: �tn_nan_a
I
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April 19 82
and that such
resolutions are now in full force and effect:
I
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn io the City's name, including those drawn to the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the followin
facsimile signature on a signature card.) r print. Furnish specimens of each
CITY MANAGER
Neal G. Berlin
TREASURER
� n
i
- ) Nancy Heaton
and the First National --Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal of said municipal government to be hereto affixed this 13th day of
April 19 �1
Affix Corporate Seal Below:
I Retoived 8, Approved
j
By The Legal Dcpar,nery
�- MICROFILMED BY
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CEDAR RAPIDS DES MOINES
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It was moved by /� erret and seconded by ` Lynch
be adnpted/ and were:
AYES: NAYS: ABSENT:
X
Ba7mer
~x.—' Dickson
.�—lL.~ Erdahl
—x—� ..—~ Lynch
~)�.� McDonald
~x~~, Neuhauser
^2L—. Perret
Passed and approved this 13th day ofApril 1982.
MAYOR (i
`
ATTEST:
| CITY CLERK~
'--__'---'_--_---_-__—'_'-`
` -JORM
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ESCEDAR RAPIDS DES S
the Resolution
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B Tho Legal pcpartrncnt
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CEDAR RAPIDS • DES 1401ME5
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Account Title: Iowa City Public Housing
Account Number: 6250-777-7
82-80
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
i
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
I
government on the 13th day of April 1982 , and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's name, including those drawn to the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (Please type or print. Furnish specimens of each j
facsimile signature on a signature card.) I
CITY MANAGER ;
Neal r- R rlin #
\
TREASURER
Nancy Heaton
7
and the First National Bank, Iowa City, Iowa, shall be entitled to. honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal ofA said municipal vernment to be hereto affixed this 13th day of
9 87
Affix Corporate Seal Below:
j Received f. 1perov:3
B Tho Legal pcpartrncnt
597
1 MICROFILMED BY '
1. "JORM MICR#LAB 1
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CEDAR RAPIDS • DES 1401ME5
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It was moved by flet and seconded by Lynch the Resolution
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
Erdahl
Lynch
_ McDonald
x Neuhauser
'X— Perret
Passed and approved this 13th day of April 1982.
MAYOR
ATTEST:
CITY CLERK
MICROFILMED BY
1-. - -'DORM"MICRQLAB
CEDAR RAPIDS • DES MOINES
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Iowa City Housing Authority
Account Title: Section 8 - Mod Rehab
Account Number: 010-041-2
82-81
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April , 1982 , and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's name, including those drawn to the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (Please type or print.' Furnish specimens of each
facsimile signature on a signature card.).
CITY MANAGER
Neal G. Berlin
TREASURER /) /_ !;/ �L
Nancv Heaton
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal of saidmunicipal ggovernment to be hereto affixed this 13th day of
April , 19 82
Affix Corporate Seal Below:
Received $ App ---:d
By DThe Legal Departrn:nt
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It was moved by ret and seconded by: Lynch 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 13th day of April 1982.
a�
C.
MAYOR
ATTEST:
CITY CLERK
I
,r1{ MICROFIL TO BY
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CEDAR RAPIDS DES MOINES
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Account Title: R-14 escrow
Account Number: 010-021-4
82-82
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
i
qualified City Clerk and the keeper of the records and.seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April 19 82 and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's name, including those drawn to the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (Please type or print. Furnish specimens of each
facsimile signature on a signature card.)
CITY MANAGER
i
Neal' Berlin
I TREASURER '
iNancy Heaton
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal of said municipal gpvernment to be hereto affixed this 13th day of
April , 19 8
Affix Corporate Seal Below:
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CEDAR RAPIDS DES MOINES
Received & Approved
By The Legal Department
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It was moved by (ret and seconded by Lynch the Resolution
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
x Erdahl
x x Lynch
x McDonald
x Neuhauser
x Perret
Passed and approved this 13th day of April 1982.
r "Vl�.l1.�.�Ll1A.t.t
14AYDR
ATTEST:,
CITY CLERK
MICRorILMED BY
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CEDAR RAPIDS - DES MOINES I
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Account Title: Public Housing Deposit
Account Number: 6250-844-5
82-83
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April 1982 , and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's name, including those drawn to the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (Please type or print. Furnish specimens of each
facsimile signature on a signature card.)
CITY MANAGER
Neal R. Karlin
TREASURER oA
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Nancy Heaton
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN 14ITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal of said municipal Agvernment to be hereto affixed this 13th day of
P 19 8
Affix Corporate Seal Below:
i Received & Approved
By The Legal Department
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t ---JOR M.MIC R+LAB�
CEDAR RAPIDS DES MOINES
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It was moved by -^ r
"et and seconded by _ -Ynch
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 13th day of
' April 'I 1982.
Vyt lw l C. �AAII dll ina
MAYOR
ATTEST:/�» �/�'�
.11
CITY CLERK
MICROFILMED BY
I"-' 'DORM" - MIC R+LAB- - l
CEDAR RAPIDS - DES MOINES
the Resolution
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Account Title: Sewer Bond Reserve
Account Number: 010-020-6
82-84
RESOLUTION FOR FACSIMILE SIGNATURES
I, Abbie Stolfus, do hereby certify that I am the duly appointed and
qualified City Clerk and the keeper of the records and seal of the City of Iowa
City, a municipal government organized and existing under the laws of the State
of Iowa, and that the following is a true and correct copy of certain
resolutions duly adopted at a meeting of the Iowa City City Council thereof,
convened and held in accordance with law and ordinances of said municipal
government on the 13th day of April 19 83 , and that such
resolutions are now in full force and effect:
RESOLVED: That the First National Bank, Iowa City, Iowa, as a designated
depository of this municipal government, be, and it is hereby requested,
authorized and directed to honor checks, drafts or other orders for the payment
of money drawn in the City's name, including those drawn to the individual order
of any person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purporting to bear the facsimile signature(s) of any
two of the following: (Please type or print. Furnish specimens of each
facsimile signature on a signature card.)
CITY MANAGER
Neat G. Berlin
TREASURER
Nancy Heaton
and the First National Bank, Iowa City, Iowa, shall be entitled to honor and to
i charge the City for all such checks, drafts or other orders, regardless of by
whom or by what means the facsimile signature or signatures thereon may have
been affixed thereto, if such facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the First National Bank,
Iowa City, Iowa, by the City Clerk or any other officer of this municipal
government.
IN WITNESS WHEREOF, I have hereunto affixed by name and have caused the
seal of said municipal government to be hereto affixed this 13th day of
April , 19 bz_
Affix Corporate Seal Below:
Received 8 Approved
Byy The legal Department
601
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LCEDAR RAPIDS • DES MOINES
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It was moved by Pet and seconded by Lynch the Resolution
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
j x Balmer
x Dickson
_ X Erdahl
x Lynch
x McDonald
T— Neuhauser
x Perret
Passed and approved this 13th day of April 1987.
`� e. ���Iypfl1ll�I
MAYOR
ATTEST:
CITY CLERK
MICROFILMED BY
'- '-
"JORMMIC R#L.4B- _._�----1
CEDAR RAPIDS DES MOI dE I
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RESOLUTION NO. 82-85
A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO A
LEASE BETWEEN THE CITY OF IOWA CITY, IOWA AND UNION BUS DEPOT OF IOWA
CITY, INC. AND AUTHORIZING THE CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING.
WHEREAS, the City of Iowa City, Iowa and Union Bus Depot of Iowa City, Inc.
entered into a Lease Agreement commencing December 1, 1974, and ending
November 30, 1976, for the lease of the following described real estate, to -wit:
The South 70 feet of Lot 5 in Block 43, and the South 70 feet of the West 10
feet of Lot 6 in Block 43 in Iowa City, Johnson County, Iowa according to
the recorded plat thereof.
and
WHEREAS, said Lease Agreement also granted to the Tenant two 2 -year renewal
options, both of which options have been exercised by the Tenant, and
WHEREAS, said Lease Agreement was amended on June 13, 1978, to grant the Tenant
two additional 2 -year renewal options, the first of which additional options has
been exercised by the Tenant thereby renewing said Lease through
November 30, 1982, and
WHEREAS, the Tenant, Union Bus Depot of Iowa City, Inc. has proposed that such
lease be amended so as to grant three additional 2 -year renewal options to the
Tenant, a copy of such amendment is attached to this Resolution and made a part
hereof, and
WHEREAS, such modifications require that the City Council hold a public hearing
upon the matter.
NOW, THEREFORE, BE IT SO RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That a public hearing will be held before the City Council of the City of
Iowa City, Iowa, at the Civic Center, 410 E. Washington Street, Iowa City,
Iowa, at 7:30 PM on the 27th day of April, 1982, to consider a proposed.
amendment to a lease between the City of Iowa City, Iowa and Union Bus
Depot of Iowa City, Inc.
2. That the City Clerk is hereby authorized and directed to publish notice of
the public hearing in a newspaper published at least once weekly and having
general circulation in the city, not less than four nor more than 20 days
before said hearing.
MICROFILMED BY
I JORM MICR4LAB' J
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CEDAR RAPIDS • DES MOIYES '
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It was moved by Perret and seconded by Lynch
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
z Dickson
z Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 13th day of April 1982.
MAYOR
ATTEST: (2a,,,
CITY CLERK
Received & Approved
By The Legal Department
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1 , JORM MICR#LAB` -
CEDAR RAPIDS • DES MOVES f41
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RESOLUTION NO. 82-86
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF ASPEN LAKE
SUBDIVISION.
WHEREAS, the owner and proprietor, Mad Creek Development Corporation, has
filed with the City Clerk of Iowa City, Iowa, a preliminary and final plat
and subdivision of Aspen Lake Subdivision, an addition to the City of Iowa
City, Iowa, covering the following described premises located in Iowa
City, Johnson County, Iowa, to -wit:
Commencing at the southeast corner of the southwest quarter of
the northwest quarter of Section 17, Township 79 north, Range 6
west of the 5th Principal Meridian; thence north 00°13'31"
west, 1,875.00 feet on the center line of Mormon Trek Boulevard;
thence west, 1,015.41 feet; thence south 4°54'03" east, 719.83
feet; thence south 4°54'03" east, 173.43 feet to the point of
beginning; thence east 218.60 feet; thence south 0013'31" east,
988.64 feet to the south line of the southwest quarter of the
northwest quarter of said section 17; thence south 89042'44"
west, 595.17 feet to the southwest corner of the northwest
quarter of said section 17; thence north 0°16131" west, 991.63
feet on the west line of the northwest quarter of said section
i 17; thence east, 377.44 feet to the point of beginning. Said
tract containing 13.53 acres, more or less.
r WHEREAS, said property is owned by the above-named corporation and the
dedications as required by the Subdivision Ordinance of the City of Iowa
City have been made with the free consent and in accordance with the
I desires of said proprietor; and
�! WHEREAS, said preliminary and final plat and subdivision have been
r examined by the Planning and Zoning Commission of Iowa City, and after due
deliberation, said Commission has recommended that said plat and
subdivision be accepted and approved; and
WHEREAS, said preliminary and final plat and subdivision are found to
conform with the requirements of the City ordinances of the City of Iowa
k City, Iowa, with respect to the establishment of land subdivisions, and
with the requirements of Chapter 409 of the 1981 Code of Iowa, as amended,
hand all other statutory requirements; i
NOW THEREFORE, BE IT RESOLVED' BY THE CITY COUNCIL OF THE CITY OF IOWA
f. CITY, IOWA:
1. That said preliminary and final plat and subdivision of Aspen Lake
i Subdivision, an addition to the City of Iowa City, Iowa, are hereby
s approved by the City Council of Iowa City, Iowa, and the dedication
of the streets, sidewalks, walkways, and easements set out therein
are hereby accepted as by law provided.
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2. That the City Clerk of the City of Iowa City, Iowa, is
hereby
authorized and directed to certify a copy of this resolution
and of
the preliminary and final plat of said subdivision to the office of
the County Recorder for Johnson County, Iowa.
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
i
x Erdahl
_
3 Lynch
x McDonald
ffi
x Neuhauser
I
3 Perret
Passed and approved this 13th day of April 1982.
1
7
I/ I/LlS 1 i, c U11 M I.ULA
MAYOR 0J
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ATTEST: (21L. J&Lj
CITY CLER Received c& Approved
I
6Y The ,Legal Deportment
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RESOLUTION NO. 82-87
RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND
NECESSITY REQUIRES ISSUANCE OF CERTAIN TAXI -CAB
CERTIFICATES.
WHEREAS, pursuant to Ordinance No. 2844, a Certificate of Public
Convenience and Necessity is required prior to the operation of any taxi-
cab upon the streets of Iowa City, Iowa, and,
WHEREAS, Hawke Cab Company (Dale Mottet, owner)
has made application for such Certificate,and,
WHEREAS, a public hearing was held on the 13th day of April ,
1982 , on the application, and,
WHEREAS, council deems that the public convenience and necessity requires
the issuance of such Certificate(s) to Hawkeve Cab Company (Dale Mottet
Tor cne operation or axi-cabs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA
1. That the City Clerk is authorized to issue a Certificate of Public
Convenience and Necessity to HAAeye Cab Como (Uale Mottet. owner)
for twenty (20) taxi -cabs, pending applicant's compliance with all provisions
of Ordinance No. 17-2844, as amended.
. 2. The Mayor is authorized to sign, and the City Clerk to attest, this
Resolution.
Received £e Approved
By The LegallDDepartment
41 '/gZ
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') "'JORM MICRbLAB
CEDAR RAPIDS • DES MOINES
j:_
Page 2
Resolution No. 82-87
It was moved by Balmer and seconded by Perret that
the Resolution as rea e a opte , and upon roll ca t ere were:
AYES: NAYS: ABSENT:
x BALMER
x DICKSON
x ERDAHL
x LYNCH
x MCDONALD
x NEUHAUSER
d
x PERRET
Passed and approved this 13th day of April ,1982.
C -a
MAYOR
'2C
ATTEST:
(/ 2:2�z�—
CITY CLERK
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1 JORM MICR+LA6-
CEDAR RAPIDS • DES MOINES
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APPLICATION FOR CERTIFICATE OF NECESSITY
FOR TAXICAB PERMIT
-. 2
to app jcatiyn wp, submitted)
1. Name of APPlicant
2. Trade Name (if any)
Z
3. Street Address S 6511 Li C 1�T
4. Phone: Bus.—Res.
5. Municipality
(?, 'z;_ -
County ,J
6. Complete in Detail - Attach rider if necessary:
Name of In ividual Applicant Title Bane Address
or Partners or Officers ofIF
A.
B.
D I I
7. Name of Office Manager if any: ig ' i'7 fi P An! —
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B. Complete in Detail - Attach rider if necessary:
Vehicle Serie ear
hicle Used
Number f Make License No. Date Inspected
A. - 2
B. I ry l
3
C.
/c. 69 G C 6
D.
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ToNtmlber.of Vehicles Operatal or Controlled by Applicant:
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ABBIE ST0111.1"'':'"
CITY CLERK �2,, (j
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CEDAR RAPIDS • DES MOINES i '�
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9. Nagle of Insurance Carrier
10. Insurance Policy Limits: �S U — /n e)
11. Type of Service Provided
12. State why Public Convenience and Necessity Require this Cab Service
�4c) ��ic 42 ZY-/%iC
13. Complete in Detail — Attach rider if necessary:
A. Dispatch Points f % -5 !'
D. Cab Stands
19. Color Scheme or Insignia to be Used
15. List the names and addresses of all persons (in the case of a corporation, the
officers, directors and persons owning or controlling 10 pCrcent (102) or more
of the capital stock thereof) having a financial interest by way of a loan,
ownership, or otherwise, in the business, vehicles, or the profits thereof.
(Attach rider if necessary.)
MICROFILMED BY
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CEDAR RAPIDS • DES M014ES I
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INCORPORATED
REGISTERED NAM OF CORPORATION PIACE DATE
,9,4wX = Yom. C14z' Co .
REGISPERED AGENT OF OORPORATION: _ �j�L� A -I o
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ADDRESS 3 Z 2 ✓ O / L-� l`.��L_/
16. Briefly state the applicant's prior experience in the Transportation of Passen-
gers: �ti �7%Gt hzdE&2 0 •r CL_C/�(�/� �9
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'7 .(J L- 4-.r1 -J /1 7z!! i- .n df
17. License period applied for
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I/we agree th', in making this acplication, to pow agents or eRmlovees of the
City of Iowa City, Iowa, to examine any and all records and documents relating to the
financial status of this apolicant and further that, if a license is granter to ccm-
ply at all tires with al f e provisions o- Chapter 5.16 of the Municipal Code as
amended.
(Signature)
(Signature)
2a* � 7e g� y
NotaryPubhc in and ror Jo son County, Iowa
State of Iowa
) SS
County of Johnson)
I, /Marian X • Karr a notary public in and for said
county, in the state aforesaid, do hereby certify that Ma/e. )We Ile
and- — , to me personally known to be president
and ss=etaaf respectLvely of �(L��.,//P� P L'a{� L�oinban, a corpora-
tion, and also known to me to be the sons whose nam: u subscribed to
the foregoing instrument, appeared before me this day in person and acknow-
ledged that as such president and secretary respectively they signed, sealed
and delivered the said instrument as the free and voluntary act of said
corporation, for the uses and purposes therein set forth, and that they were
duly authorized to execute the same by the board of directors of said cor-
poration.
Given under my hand and notarial seal this & day of,
19.402 .
My commission expires 9 'O 19 82.
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RESOLUTION NO. 82-88
RESOLUTION AUTHORIZING AND DIRECTING THE SOLICIATION OF OFFERS
TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT, PARCEL 64-1a
(DEPARTMENT STORE).
WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency,
has entered into a contract for Loan and Grant with the United States of
America for the implementation of the Urban Renewal Project known as
Project No. Iowa R-14; and
WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of
Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations,
transferred Community Development Block Grant funds to said Urban Renewal
Project, and transferred control of certain real property acquired in
carrying out said Urban Renewal project to the City Council of the City of
Iowa City from the City Council acting as the Local Public Agency by
Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-
312, dated August 9, 1977; and
WHEREAS, the City of Iowa City has adopted and approved an Urban Renewal
Plan for said project in Resolution No. 2157, dated October 7, 1969, and
which Plan has been modified and amended from time to time; and
WHEREAS, the City Council did, by Resolution No. 77-250, dated July 12,
1977, authorize the solicitation of offers to purchase for private
redevelopment of land located within the Urban Renewal Project area; and
WHEREAS, the City Council did, by Resolution No. 77-392, dated October 4,
1977, designate the Dey Building Corporation as the preferred developer of
Parcel 64-1; and
WHEREAS, the City Council did, by Resolution No. 79-333, dated July 17,
1979, revoke said designation; and
WHEREAS, the City Council of Iowa City, Iowa, did by Resolution No. 80-8,
dated January 8, 1980, authorize the solicitation of offers to purchase
land for private redevelopment; and
WHEREAS, the City Council did, by Resolution No. 80-181, dated May 13,
1980, designate College Plaza Development Company and High Country
Corporation (a joint venture) as the preferred developer of Parcel 64-1;
WHEREAS, the City Council did, by Resolution No. 80-288, dated July 15,
1980, rescind said designation; and
WHEREAS, the City Council did, by Resolution No. 80-289, dated July 15,
1980, designate Plaza Towers Associates as the preferred developer of
Parcel 64-1; and
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WHEREAS, Plaza Towers Associates did voluntarily withdraw as the
preferred developer for said parcel on January 29, 1982,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the City Manager is hereby authorized and directed to
solicit offers to purchase Parcel 64-1a for a minimum bid price of
$227,000 for a department store development; and
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed to publish notice of such solicitation of offers to purchase
Parcel 64-1a for said private redevelopment.
It was moved by Balmer
Resolution be adopted, and upon roll call thereonded were:by Pew— the
AYES: NAYS: ABSENT:
X Balmer
X Dickson
X — x Erdahl
X Lynch
X McDonald
X Neuhauser
— Perret
Passed and approved this 13th da of
y ADri_�, 1982.
MAYOR C oILP�w,r n
ATTEST:
CIT CLERK
RecelvM R Approver!
By The Legal Department
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City of Iowa City
DATE: April 13, 1982
TO: City Council members
FROM: Andrea Hauer, Development Coordinator
RE: parcel 64-1a Dispositi.dn•
Subject to the ability of the City's Xerox machine to print all
of.the bid packet materials by tomorrow afternoon, the bid period
for Parcel 64-1a will open on Thursday, April 15, 1982. The forty
day bid peirod will end on May 25, 1982.
One minor change on'the prospectus has been made. The minimum bid
price has been increased to $227,000 from $226,915; the new price
is simply an.easier figure to work with.
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I-SCUMON NO. 82-89
FIESOuMoN Aurf onzi QG E7IDCII w OF AN AGREEMENT WITH
SHIVE-HATTERY AND ASSOCIATES
WHEFiF.AIS, the City of Iowa City, Iowa, has negotiated m agreement
with Shive-Hatter and Associates , a copy of said are m
being at to Fteso u reference made a part 1i ,
and,
WIIUMS, the City C=Icil deems it in the public interest to enter
into said agreement with Shive-Hattery and Associates for engineering
services for the Iowa Avenue Bridge Improvement Project.
NOW, 7HEREFMIE, BE IT MMVED BY 7HE CITY COENM.-
1. That the Mayor and City Clerk are hereby auth+� and directed
to execute the agreement with Shive-Hattery and Associates
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting sane.
It was coved by and seconded by Perrot the
Besolutjrn be adopted, and u4 roll Call there wets:
AYES: NAYS: ABSW:
x Balmer
x Dickson
x Erdahl
x Lynch
_x McDonald
x Neuhauser
x Perret
Passed and approved this 13th day of April , 19 8Z
11ec0IVed $ Aar,,r,o j
By Tho Legel I:enartmant
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AGREEMENT
This agreement, made and entered into this 13thday of _A_�r_l 1� 1982,
by and between the City of Iowa City, a mum citpal corporal of n hereinafter
referred to as the City, and Shive-Hattery 6 Associates of Iowa City,
Iowa, hereinafter referred to as the Consultant.
Now, therefore, it is hereby agreed by and between the parties hereto that
the City does contract with the said Consultant to provide services as set
forth herein according to the teres of this Agreement. Such contract for
services shall be subject to the following Lena and conditions and
stipulations, to -wit:
The Consultant shell not commit any of the following employment practices
and agrees to prohibit the following practices in any subcontracts.
a. To discharge from employment or "fuse to him any individual because
Of their race, color, religion, sex, national origin, disability,
age, marital status or sexual orientation.
b. To discriminate against any individual in tem, conditions, or
privileges of employment because of their race, color, religion,
sea, national' origin, disability, age, marital status or sexual
orientation.
I. SCOPE OF SERVICES
The City of Iowa City desires to maks Improvements to the fop Avenue
bridge over the lop River. Condition of the concrete and
reinforcing steel together with the structural integrity of the
bridge shall be reviewed. This scope of services shall define the
work to be performed by the Consultant and shall include, but not
necessarily be limited to, a detailed investigation and
recommendation phase, design phase, and special services, which are
further defined below:
A. Investigation and Recommendation Phase
The following scope of services shall be included in the
Investigation and Recommendation Phase.
1. Review existing plans on the structure, "view previous
evaluations and other information which City staff may
have, conduct a field survey to observe the existing
condition of the structure, and perform all field and
laboratory testing as may ba required to further evaluate
the current condition of the structure;
2. Conduct periodic meetings with the Public Works Director
to review the existing conditions, establish parameters,
and evaluate alternatives;
3. Development and comparison of alternative remedial and
replacement approaches, including review of geometry and
approach considerations, development of preliminary design
for each alternative, development of an opinion of
anticipated cost and life expectancies, and development of
a report with recommendations and supporting documen-
tation;
4. Presentation of the report and recommendations to
appropriate City personnel, and attendance at meetings to
review and discuss the project and recommendations with
City staff and others as required. Ten (10) copies of the
final report shall be provided to the City for approval;
5. Participation in meetings and contacts with various
approving and regulatory agencies, utility companies, the
University of Iowa and other affected governmental and/or
Private entities;
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6. Development of preliminary plans for the recommended
alternate which shall show elevations, cross sections,
flood flows, utilities, property lines, vehicular and
pedestrian traffic layout, and other appropriate design
criteria.
B. Design Phase
After City approval of the preliminary design and anticipated
construction costs and upon written notice from the City to
Proceed. the Consultant shall begin the Design Phu* Mich
shall include:
1. Preparation of detailed contract drawings;
2. Preparation of specifications and contract documents. The
contract documents shall meet all requirements of the
City's affirmative action and equal opportunity program;
the Consultant shall coordinate with the City's Human
Relations Department to insure that said contract
documents so comply.
3. Furnishing the City with two (2) copies of the specifica-
tions and contract drawings for a final review by the City.
The Consultant shall obtain -project approval from other
agencies after initial City review and approval;
4. Preparation of a final estimate of anticipated
construction cost upon final approval by the City of the
final design, original plans, and specifications;
5. Conducting pePiadic meetings with the City Engineer to
review design plans and specifications;
6. Assisting the City in securing bids, the City shall
provide bid documents to the contractors;
7. Assisting in the tabulation and analysts of bid results
and furnishing recommendations an the award of the
construction contracts;
8. Assisting in the preparation of the formal documents for
the award of the contracts;
9. Checking detailed construction drawings and shop and
erection drawings submitted by contractors for compliance
with design concept.
C. Special Services
The Consultant shall advise the City during construction
relative to this project, and shall provide the following
services.
rvices.
1. Preparation of elementary sketches and supplementary
sketches required to resolve actual field conditions
encountered;
2. Review laboratory reports, materials and equipment;
3. Make periodic visits to the site to observe as an
experienced and qualified design professional the progress
and quality of the executed work and to determine In
general if the work is proceeding in accordance with the
Contract Documents; he shall not be responsible for the
means, methods, techniques, sequences or procedures of
construction selected by contractor(s) or the safety
Precautions and programs incident to the work of
Contractor(s). His efforts shall be directed toward
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providing assurance for City that the completed project
conforms to the Contract Documents. During such visits
and an the basis of his on-site observations he shall keep
City informed of the progress of the work, shall endeavor
to guard City against defects and deficiencies in the work
of Contractor(s) and shall recommend disapproval or
rejection of work failing to conform to the contract
documents. Such site visits are not intended to
substitute for technical observations by an on-site
resident inspector employed by the City.
4. Make a final inspection report to the City upon completion
of the project.
5. The Consultant and the City shall discuss interpretations
of the requirements of the construction Contract
Documents.
Upon request the Consultant agrees to furnish the following
additional special services. Such special services include,
but are not necessarily limited to, the following:
S. Soil investigation, including test borings, related
analysis and recommendations;
7. LAW surveys, title and eesemant searches and descriptions
of boundaries and monuments and related office
comp, tations and draftings;
B. Assist the City as expert witness in litigation arising
from the dai alopment or construction of the project and in
hearings before various approving and regulatory agencies.
II. TIME OF COMPLETION
The Consultant shall complete own phase of this project within the
times listed below:
Investigation and Recommendation Phase - 30 days after signing of
this contract.
Design Phase - 90 days after approval of the preliminary phase.
Construction Phase - The Consultant shall include appropriate
construction times in the job specifications.
III. GENERAL TERMS
A. Should the City terminate the contract, said Consultant shall
be paid on the basis of the schedule of hourly fees and charges
for professional services as herein attached as Exhibits B and
C, and by this reference made a part hereof, for all work and
services performed up to the time of termination. However, such
sums shell not exceed the "not to exceed" amount listed in
Section IV. The City may terminate this agreement upon seven
(7) days written notice, to the other party.
If the City and Consultant are unable to agree an the percentage
of completion, the matter shall be resolved by the procedure of
the American Arbitration Association.
B. This agreement shall be binding upon the successors and the
assigns of the parties hereto, provided, however, that no
assignment shall be made without the written consent of all
parties to said agreement.
C. Consultant agrees to indemnify and hold harmless the City of
Iowa City, its officers, employees, and agents against any
liability or claim of damages arising out of the negligent acts,
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errors, or omissions of the Consultant, his employees, or
agents.
0.
It is understood and agreed that the retention of the Consultant
by the City for the purpose of said project shall be exclusive
j
but the Consultant shall have the right to employ such
assistance as may be required for the performance of the
project. Consultant shall be allowed compensation for such
services and reimbursable expenses on a basis of a 1.00
multiplier times the amount billed.
E.
It 1s agreed by the City that all records and files pertaining
to information needed for said project shall be made available
by said City upon reasonable request of the Consultant. The
City agrees U furnish all reasonable assistance in the use of
these records and files.
F.
It is further agreed that noart . to this a
p y ashall
perform contrary to any stall, federal, or countyy law
r or or any of
the ordinances of the City of Iwa City, Iowa.
G.
The Consultant shall attend such meetings of'the City Council
relative to the work set forth in this contract and as may be
requested by the City. Any requirements made by the City shall
be given with reasonable notice to the Consultant so that hl/she
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may attend.
H.
The Consultant agrees to furnish, upon termination of this
'
agreement and upon demand by the City, copies of all basic notes
and sketches, charts, computations, and an other data prepared
or obtained by the Consultant pursuant to this agreement
•
without cost, without restriction or limitation as to the use
•
relative to specific projects covered under this agreement.
The Consultant shall not be liable for use of such documents on
other projects.
I.
The Consultant agrees to furnish all reports and/or drawings
with the seal of a professional engineer or architect affixed
thereto or such seal as required by lar. .
J.
The City agrees to Under to the Consultant all fees and money
•
in accordance with the- schedules attached as Exhibits B and C
except that failure by the Consultant to satisfactorily perform
in accordance with this agreement shell constitute grounds for
the City to withhold payment of the amount sufficient to
properly complete the project in accordance with this
agreement.
K.
Should any section of this contract be found invalid, it is
agreed that all of its sections shall remain in full force and
effect as though severable from the part invalid.
L.
Original contract drawings shall become the property of the
City. The Consultant shall be allowed to keep mylar
I
reproducible copies for their filing use.
M.
Direct personnel expenses for the purpose of this contract
shall be defined as hourly wage plus retirement and fringe
benefits. Consultant shall, upon demand, furnish receipts
therefore or certified copies thereof.
N.
Records of the Consultant's direct personnel expense,
Consultant expense, and reimbursable expenses pertinent to the
project, and "cords of account between the City and the
Consultant shall be kept on a generally recognized basis and
shall be available to the City or Its authorized representative
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at mutually convenient times.
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0. Reimbursable expenses include actual expenditures made by the
Consultant, his employees, or his consultants in the interest
of the project for the following incidental expenses listed:
1. Expense of transportation and living when travelling in
connection with the project, for long distance calls and
telegrams, and for extraordinary work required by the
Dwner.
2. Expense of reproduction, postage, and handling of drawings
and specifications, including copies for Consultant's
office use.
3. Fees paid for securing approval of ,authorities having
jurisdiction over the project. Fees paid by the
Consultant for special consultants employed with the
City's approval for services other than those defined In
this contract.
P. The Consultant shall assist and be present for any preparation
of letting or analysis of contract dealing with said project.
1v. COMPENSATION FOR SERVICES
The City agrees to pay for service stated in this contract on the
basis of the following fess:
Investigation and Recommendation Phase - The Consultant shall
bs paid upon 2.19 x Direct Personnel Espwss. The total
fee for the Preliminary Phase shall not exceed $14,800,
including Reimbursable expenses.
Design Phase - Due to the difficulty of determining the exact
scope of the work prior to completion of Investigation and
Recommendation Phut' Design Phase feet shall be
negotiated after completion and acceptance of the 1
Investigation and Recommendation Phase.
Special Services - The total fee for each requested duty shall
be established before the beginning of that task and shall I
be compensated in the following manner:
a) Soil testing services at approved flat rates as i
attached in Exhibit B to this contract.
Analysis
is of Beta shall be at a rate of 2.19 x
Direct
i
Expense.
b) All other special services shall be compensated
at a fee based upon 2.19 x Direct Personnel
Expense.
The Direct Personnel Expense of all personnel classifications
associated with this project shall be attached as Exhibit C. The
City agrees to reimburse the Consultant for reimbursable expenses
listed in Item III.0 at cost. The Consultant shall furnish receipts
of all outside expenses upon request.
All fees shall be billed and due payable monthly. With each billing
the Consultant shall list the individual classification, the hours
worked, and the hourly rate. Billing shall be broken down into the
following categories:
Investigation and Recommendation Phase
Design Phase j
Special Service (detailed)
All provisions of this Agreement when not specifically defined shall
be reconciled in accordance with the highest ideals of the
Engineering and Architectural Profession.
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It is further stated that there are no other consideration or monies
contingent upon ,resulting from the execution of this contract nor
have any of the above been applied by any party'to this Agreement.
FOR THE CITY:
ATTEST:
Received & Approved
B Tho Legal Department
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FOR THE CONSULTANT:
ATTEST.
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SHIVE-HATTERY & ASSOCIATES
ENGINEERS
EXHIBIT B
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SCHEDULE OF GENERAL, FIELD AND LABORATORY FEES
JANUARY 1, 1982
GENERAL
Mobilization charges - based on round trip mileage
from nearest office
Automobile or auxiliary vehicle
$
Drill rig (minimum charge of $135.00)
.25/mile
2.25/mile
Per diem rate (charge if site is more
than 30 miles from nearest office),
per individual
All terrain vehicle utilization
30.00/day
150.00/day
Boring location survey (two man crew)
57.00/hour
Stand-by time, in excess of normal set-up time, as
a result of client's request or action
Truck
All terrain vehicle
$60.00/hour
$75.00/hour
Specialized drilling equipment, equipment for
moving drilling equipment at site, permits, etc.
Cost + 15%
SOILS - FIELD
Auger drilling - hollow stem augers
Structure boring - utilizing standard
penetration test (2-1/2' intervals to 15',(5'
intervals to 50' and 10' intervals thereafter)
0' - 25'
6.25/foot
25' - 50'
7.00/f6ot
501+
8.00/foot
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Schedule of General, Field and Laboratory Fees
January 1,1982
Page Two
Auger drilling - solid augers
Profile boring - samples at 5' intervals
to 501, 10' intervals thereafter
0' - 25" $ 5'.75/foot
25' - 50' 6.50/foot
50'+ 7.30/foot
Profile boring - without samples, defining top of
rock and water table
0' - 25' S.25/foot
25' - 50' 6.00/foot
501+ 6.80/foot
Wash boring.
Set up - per boring 75.00/each
1.
Hourly drilling rates including -equipment and two technicians
Trailer -mounted rig (Simco 2400) 65.00/hour
Truck -mounted rig (CME -S5) 75.00/hour
All -terrain -mounted rig (CME -550) 85..00/hour
Hard auger drilling-- through weathered rock or
material consisting primarily of broken rock,
concrete, rubble fill, etc. (Standard penetration
resistance > 50 blows per foot)
Rock drilling
Bitting
Coring, NIVV size
Set-up/baring
Auxiliary water truck
Drilling or coring through Portland*concrete slabs
SHIVE•HATT E RYA ASSOCIATES
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13.50/foot
17.00/foot
26.00/foot
75.00/each
40.00/each
10.00/inch
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Schedule of General, Field and Laboratory Fees
January 1, 1982
Page Three
Sampling and testing
Additional standard penetration tests
Shelby tube (,'undisturbed"), 2" or 311.
diameter
Large volume bag sample
Rimac unconfined compression value
Hand penetrometer value
Vane shear value, torvane
Seismic refraction testing
Equipment cost
Slotted well point installation, in drilled bore
hole
Well installation and backfill
•2"•PVC slotted well screen.
2" PVC threaded riser pipe
SOILS - LABORATORY
Shelby tube extrusion, sample preparation, and logging
Natural moisture content
Dry unit weight, Shelby tube specimen
Atterberg limits
SL' PL, PI -
Mechanical analysis
Hydrometer
Sieve
Sieve, washed over #2O0
Combined hydrometer/sieve
Specific gravity
Unconfined compression testing
Soil
Wo stress - strain curve
IV/stress - strain curve
Rock, including cutting and capping
SHIVE•HATTERY 6 ASSOCIATES
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$ 13.50/each
14.00/each
15.00/each
5.00/each
2.00/each
5.00/each
100.00/day
75.00/each
6.75/foot
4.00/foot
8.00/each
2.50/each
3.00/each
40.00/set
20.00/each
Su.Oujeach
25.00/each
30.00/each
50.00/each
30.00/each
13.00/each
10'.50/each
35.00/each
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Schedule of General, Field and Laboratory Fees
January 1, 1982
Page Four
Compaction testing (Proctor)
Standard
Modified
$ 65.00/each
Relative density, maximum/minimum
75.00/each
75.00/each
California bearing ratio (single point)
100.00/each
Consolidation.testing, including e - log p curve
Loading cycle - 1/4, 1/2, 1, 2, 4, 80 16 tsf,.
175:00/each
typical
Unloading cycle - 8, 4, 1 tsf typical
Additional load or unload increments.
50.00/each
Time ratio curve, per load increment
15.00/each
12.00/each
Triaxial testing
Unconsolidated - undrained (Q) -3 specimens/test
Consolidated - undrained (R) - 3
175.00/test
specimensitest
Consolidated - drained (S) - 3 specimens/test
225.00/test
275.00/test
Additional for pore pressure measurements
175.00/test
Permeability testing
Sample preparation
Falling head or constant head
25.00/each
80.00/each 3�
Remolded sample for test •purposes
35.00/.each c
Soil Chemical Analyses
On Request
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MATERIALS - FIELD
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Coring of concrete or asphalt
Equipment cost (per. inch diameter per inch core)
Generator
1.25
or water source
25.00/day
Swiss hammer, concrete compressive strength
Windsor probe, concrete
10.00/test
compressive strength
10.00/each
S H I VE- H. AT TE RY. ASSOCIATES
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Schedule of General, Field and Laboratory Fees
January 1, 1982
Page Five
Nuclear Density Meter
Equipment cost - hourly
$ 5.00/hour
100.00/week
Equipment cost - by test
3.00/each
Pachometer (size and location of reinforcing steel)
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25.00/day
j MATERIALS - LABORATORY-
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Concrete -
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Cylinders (61' x 1211 Nominal)
Mold
:90/each'
Break, including curing, capping, and reporting
6:75/each
Hold, cured but not broken
5.50/each
Unit density
2.00/each
Cubes (2" x 211)
9.00/each
Mix design
Development of theoretical mix design
140.00/each
Trial batch, including 6 test cylinders
and molds
220.00/each
Cut specimen
Absorption
12.00/each
Unit density
11.00/ea6h
Trimming
11.00/each
Break, including curing, capping and reporting
15.00/each
Beam testing
Flexural strength, including net area
deteroination
28,00/each
Molding equipment
5.50/each
SHIVE•HATTERY 3 ASSOCIATES
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schedule of General, Field and Laboratory Fees
January 1, 1982
Page Six
Asphalt -
Extraction (centrifugal method -
$ 65.00/each
additional)
Extraction (centrifugal method - 11.00 additional)
90.00/each
with gradation
Marshall density (3 specimens), mix provided
40.00/each
Cut specimen
11.00/each
Unit density
8.00/each
If more than 3 specimens
215.00/each
Roofing sample, quantitative - new roof
Roofing sample, quantitative - existing roof
275.00/each
Aggregates -
Bulk specific gravity (SSD)
31.00/each
24.00/each
Absorption -
22.00/each
Dry rodded unit weight
CONSTF.UCTION OBSERVATION AND CONSULTATION
Caissons, piling, concrete, asphalt or earthwork observation' and
be utilizing standard hourly rates of
field testing will charged
requirenelincluding el
Equipment
Additional -or special testing rates will be quoted on
request.
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EXHIBIT C
DIRECT
PERSONNEL EXPENSE
JANUARY 2,
1982 - JUNE 30 1982
Grade
7
Engineer
$ 22,74
Grade
6
Engineer
21.75
Grade
S
Engineer
20.02
Grade
4
Engineer
17.64
Grade
3
Engineer
16.40
Grade
2
Engineer
13.66
Grade
F
Technician
14.17
Grade
E
Technician
12.96
Grade
D
Technician
11.36
Grade
C
Technician
9,OS
Grade
B
Technician
7,72
Grade
A
Technician
4.37
3 -Man
Survey Crew Z
28.51
2 -Man
Survey Crew Y
21.74
Grade
4
Secretary
9.66
Grade
3
Secretary
8,72
Grade
2
Secretary
7.23
Grade
I
Secretary
4.50
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A
Authorization and Issuance Proceedings
File No. IDR -3717 (Auth)
Iowa City, Iowa
ril 13 , 1982
The City Council of Iowa City, Iowa, met in regular session
on the 13th day of April , 1982, atT3D olclock
P .m., at the Civic Center in the City. The meeting was
called to order and there were present Mary C. Neuhauser , Mayor, in
the chair, and the following named Council Members:
Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret
Absent: Erdahl
The Council investigated and found that notice of intention to
issue Industrial Development Revenue Bond, Series 1982 (Marcia Kay
Roggow Project) in the principal amount of $165,000, had as directed by
the City Council, been duly given according to law and a hearing held
thereon and the Council authorized the Issuer to proceed with the
issuance of such Bond.
Council Member Balmer introduced a Resolution entitled:
"Resolution authorizing the issuance and sale of
an Industrial Development Revenue. Bond
(Marcia Kay Roggow Project)
of the City of Iowa City, Iowa, in the principal
amount of $165,000, to finance the costs of certain
equipment and improvements for Marcia Kay Roggow;
the execution of a Lender Loan Agreement with the
First National Bank providing the terms and sale
of such bond; the execution and delivery of a
Loan Agreement with Marcia Kay Roggow providing for
the repayment of the loan of the proceeds of such
bond, and related matters",
and moved its adoption, seconded by Council Member Lynch
After due consideration of said resolution by the Council, the Mayor
put the question on the motion and upon the roll being called the
following named Council Members voted:
Ayes: Balmer, Dickson, Lynch, McDonald, Neuhauser.
Nays: Ferret
Whereupon the Mayor declared said Resolution duly adopted and
approval was signed thereto.
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Upon motion and vote, the meeting adjourned.
n,., C. 1De _ A -
Mayor
Attest:
OA
Clerk
(Seal)
MOM
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BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES. IOWA
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RESOLUTION 82-90
"Resolution authorizing the issuance and sale of
an Industrial Development Revenue Bond
(Marcia Kay Roggow Project)
of the City of Iowa City, Iowa, in the principal
amount of $165,000, to finance the costs of certain
equipment and improvements for Marcia Kay Roggow;
the execution of a Lender Loan Agreement with the
First National Bank providing the terms and sale
of such bond; the execution and delivery of a
Loan Agreement with Marcia,Kay Roggow providing for
the repayment of the loan of the proceeds of such
bond, and related matters",
WHEREAS, the City of Iowa City, Iowa, in the County of Johnson,
State of Iowa (the "Issuer") is an incorporated municipality authorized
and empowered by the provisions of Chapter 419 of the Code of Iowa,
1981, as amended (the "Act") to issue revenue bonds for the purpose of
financing the cost of acquiring, by construction or purchase, land,
buildings, improvements and equipment, or any interest therein,
suitable for use as residential property or for the .use of any
commercial enterprise which the City Council of the Issuer, as the
governing body, finds is consistent with an urban renewal plan adopted
by the Issuer pursuant to Chapter 403 of the Code of Iowa; and
WHEREAS, the Issuer has made the necessary arrangements with
Marcia Kay Roggow (the "Obligor") for the reconstruction, remodeling,
equipping and improvement of the Obligor's existing building for use as
a real estate office and apartment building (the "Project"), located
within the corporate boundaries of the Issuer, which the Issuer has
found to be consistent with the Issuer's Neighborhood Development Plan
for the Urban Renewal Area designated therein; and
WHEREAS, it is necessary and advisable that provisions .be made for
the issuance of an Industrial Development Revenue Bond, Series 1982
(Marcia Kay Roggow Project) of the Issuer in the principalamount of
$165,000 (the "Bond") as authorized and permitted by the Act to finance
the cost of the Project to that amount; and
WHEREAS, the Issuer will loan the proceeds of the Bond to the
Obligor pursuant to the provisions of a Loan Agreement dated as of
April 1, 1982 (the "Loan Agreement") between the Issuer and the Obligor
the obligation of which will be sufficient to pay the principal of,
redemption premium, if any, and interest on the Bond as and when the
same shall be due and payable; and
WHEREAS, the Bond will be sold pursuant to and secured as provided
by a Lender Loan Agreement to be dated as of April 1, 1982 (the "Lender
Loan Agreement") by and between the Issuer and First National Bank,
Iowa City, Iowa (the "Lender"); and
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EIELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA
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WHEREAS, the rights of the Issuer in and to the Loan Agreement are
assigned to the Lender under the Lender Loan Agreement; and
WHEREAS, notice of intention to issue the Bond has been published
and this Council has conducted a public hearing pursuant to such
published notice, all as required by the Act, and has hereby determined
that it is necessary and advisable to proceed with the financing of the
Project; and
WHEREAS, the Issuer has arranged for the sale of the Bond to the
Lender;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer,
as follows:
Section 1. Project Consistent with Urban Renewal Pla,. The
Issuer will defray the cost of financing the Project located within the
Urban Renewal Area of the Issuer and consistent with the Neighborhood
Development Plan by issuing the Bond and loaning the proceeds from the
sale of the Bond to the Obligor.
Section 2. Authorization of the Bond. In order to finance the
cost of the Project, the Bond shall be and as a single Bond in fully
the same is hereby
authorized, determined and ordered to be issued in the principal amount
of $165,000. The Bond shall be issued
registered form, and shall be dated as of the date of issuance and
delivery thereof and shall be executed, shall be in such form, shall be
payable, shall have such prepayment provisions, shall bear interest at
such rates, and shall be subject to such other terms and conditions as
are set forth in the Lender Loan Agreement and Loan Agreement. The
Bond and the interest thereon do not and shall never constitute an f
indebtedness of or a charge against the general credit or taxing -power
of the Issuer, but are limited obligations of the Issuer payable solely
from revenues and other amounts derived from the Loan Agreement and the 1
Project and shall be secured by an assignment of the Loan Agreement and
the revenues derived therefrom. Forms of the Lender Loan Agreement,
the Bond and the Loan Agreement are before this meeting and are by this
reference incorporated in this Bond Resolution, and the City Clerk is
hereby directed to insert them into the minutes of the City Council and
to keep them on file.
-� L�ILLoan Agreement; Sale of the Bond. In order to
provide or the sale o the Bond to the Lender and the conditions with
respect to the delivery thereof, the Mayor and City Clerk shall
execute, acknowledge and deliver in the name and on behalf of the
Issuer, the Lender Loan Agreement in substantially the form submitted
to the City Council, which is hereby approved in all respects. The
sale of the Bond to the Lender is hereby approvedand the Mayor and
City Clerk of the issuer are hereby authorized and directed to deliver
the Bond to the Lender. Deposit by the Lender to the credit of the
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Issuer of the purchase price, namely $165,000, in immediately available
funds at the office of the Lender in Iowa City, Iowa shall constitute
payment in full for the Bond pursuant to Section 1.02 of the Lender
Loan Agreement. The Lender shall be authorized as the Issuer's
depository and agent to immediately deposit such purchase price in the
Project Fund established by Section 1.03 of the Lender Loan Agreement
to effect the making of the loan of the proceeds of sale of the Bond to
the Obligor pursuant to Section 1.02 of the Lender Loan Agreement. .
Section 4. Repayment of Loan. The Loan Agreement requires the
Obligor in each year to pay amounts as loan payments sufficient to pay
the principal of, redemption premium, if any, and interest on the Bond
when and as due and the payment of such amounts by the Obligor to the
Lender pursuant to the Loan Agreement is hereby authorized, approved
and confirmed.
Section 5.L2
an Agreement. In order to provide for the loan of
the proceeds of the Bond to acquire and equip the Project and the
payment by the Obligor of an amount sufficient to pay the principal of
and premium, if any, and interest on the Bond, the Mayor and City Clerk
shall execute, acknowledge and deliver in the name and on behalf of the
Issuer the Loan Agreement, in substantially the form submitted to the
City Council, which is hereby approved in all respects.
Srection 6. Miscellaneous. The Mayor and/or the City Clerk are
hereby authorized and directed to execute, attest, seal and deliver
any and all documents and do any and all things deemed necessary to
effect the issuance and sale of the Bond and the execution and delivery
of the Loan Agreement and the Lender Loan Agreement, and to carry out
the intent and purposes,of this resolution, including the preamble
hereto.
Section 7. Severability. The provisions of this resolution are
hereby declared to be separable and if any section, phrase or
provisions shall for any reason be declared to be invalid, such
declaration shall not affect the validity of the remainder of the
sections, phrases and provisions.
Section S. Repealer. All resolutions and parts thereof in
conflict herewith are hereby repealed to the extent of such conflict.
Section 9. Effective Date. This resolution shall become
effective immediately upon adoption.
Passed and approved this 13th day of April , 1982.
"JQ� C, �Ai_�L►ieLt
Mayor
Att t.
City
(Seal)
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EIELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES. IOWA
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STATE OF IOWA
COUNTY OF JOHNSON SS:
CITY OF IOWA CITY
I, the undersigned, do hereby certify that I am the duly
appointed, qualified and acting City Clerk of the City of Iowa City,'in
Johnson County, State of Iowa, and as such I have in my possession, or
have access to, the complete corporate records of said City and its
Council and officers; that I have carefully compared the transcript
hereto attached with the aforesaid corporate records and that.said
transcript hereto attached is a true, correct and complete copy of all
the corporate records in relation to the adoption of the resolution
therein set out.
WITNESS my hand and the corporate seal of said City hereto affixed
this 13th day of April , 1982.
H
City Clerk P-
(Seal)
SELIN• HARRIS, HELMICK 8 HEARTNEY. LAWYERS, DES MOINES, IOWA
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RESOLUTION NO. 82-91
RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA TO IMPLEMENT A
HOUSING REHABILITATION LOW INTEREST LOAN PROGRAM.
WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of
Iowa (1981), to formulate a program for utilizing appropriate private and public
resources to eliminate slums and prevent the development or spread of urban
blight and to encourage urban rehabilitation, and
WHEREAS, the City Council has budgeted Community Development Block Grant funds
to engage in a Housing Rehabilitation program within the designated Neighborhood
Strategy Areas, and
WHEREAS, part of said program involves low interest loans as a method of
financing rehabilitation, and
WHEREAS, the said program requires an operational manual known as the Housing
Rehabilitation Loan Program, and
WHEREAS, a copy of the operational manual for said program for the City of Iowa
City is attached and by this reference is made a part of this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the City Council has approved the above program, program manual, and
methods of financing and authorizes its implementation as outlined in the
Housing Rehabilitation Low Interest Loan Program.
It was moved by Perret and seconded by McDonald the
Resolution be adopted, and upon roll —cal l there were:
AYES: NAYS: ABSENT:
x
Balmer
x
Dickson
—
x Erdahl
X ..
Lynch
x
McDonald
x
Neuhauser
x
Perret
Passed and approved this 13th day of April , 1982.
Recoived & Apprcvcd
13y the lege{ DeparinYent
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TABLE OF CONTENTS
Chapter I.
General
2.
Project Financing and Eligible Project Costs
Chapter
Chapter 3.
Eligibility Requirements
4.
Cost Includable in Rehabilitation Loans
Chapter
Chapter 5.
i
Limitations on Amount of the Loans {
& Submissions fora Rehabilitation Loan
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Chapter 6.
Processing 1
Chapter 7.
Loan Settlement i
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Chapter 8.
Loan Closeout
Which Rehabilitation Loans are Made
y
Chapter 9.
Terms &Conditions Under 111
Funding of Individual Loans & Management of Accounts
-
Chapter 10.
Chapter ll.
Property Appraisal
Determining Work to be Done with a Rehabilitation Loan
Chapter 12.
ii
Chapter 13.
Contracting for Repair Work i
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Chapter 14.
Inspection of Repair Work �{{{
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Chapter 15.
Applicants Income j
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Truth in Lending Requirements for Rehabilitation Loans
Chapter 16.
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Chapter 17.
Grievance Procedure
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Receivcd 8• Approved
By. Tho le0cl Dspsdnert
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CHAPTER 1. GENERAL
1. LEGAL AUTHORITY. Loans are authorized by City Council utilizing Title I
assistance under the Housing and Community Development Act of 1974, as
amended.
2. DEFINITIONS. Following are definitions of various terms as used with
respect to rehabilitation activities.
a. Disabled. For the purposes of this program a person shall be
considered disabled when that person receives social security
disability compensation or disability compensation from other public
assistance organizations.
one or
b Eldemorerof theor the purposes of this property's title holderspwhorareisixty l(60)ayears e
of age
or older.
c. Family. The applicant's family includes the applicant and any other
person or persons related by blood, marriage or operation of law, who
share the same dwelling unit.
d. Liquid Assets. Property that can be readily converted. into cash
without appreciable loss in value such as: savings accounts, and/or
stocks and bonds. Equity in the dwelling to be rehabilitated or a motor vehicle when used for transportation to and from employment or
school is not considered when computing liquid assets.
e. owner. Means one or more natural persons who hold legal title to a
property to be rehabilitated.
f. Owner -Occupied Prope. A property occupied by the owner that it is
used entirely forty
r residential purposes and that contains one dwelling
unit.
g. Repair Cost. The total cost of repairs or improvements incurred by
the owner that are includable in a rehabilitation contract, whether or
not financed in part with funds from other sources.
_ h. Rehabilitation Officer. An employee of the City's Department of
Housing and Inspection Services charged with the duties of
administering the specific aspects of the rehabilitation program.
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CHAPTER 2. PROJECT FINANCING AND ELIGIBLE PROJECT COSTS
1. GENERAL. This chapter covers City Council provisions required for the
making of rehabilitation loans, sources of funds to be used for making
loans, program reimbursement for advanced fees, and the costs in connection
rehabilitation loans that are eligible projects costs.
2. PROJFINANCING. Rehabilitation loans may be made only if there exists a
CityECT
Council resolution approving the area for rehabilitation and a
sufficient appropriation of funds to finance said loans.
a. Inclusion of Loan in Pr2 t Buckets. The amounts for rehabilitation
loans shall be included in the Community Development Block Grant
budget as approved by the City Council.
b. Source of Funds for Rehabilitation Loans. Funds to cover an approved
rehabilitation loan shall be provided by the City from project funds
in accordance with the procedures established herein.
3. ELIGIBLE PROJECT COSTS. The costs described below, related to the
Processing of rehabilitation cases are eligible project costs in a
neighborhood as approved by the City Council. Provision shall be made for _
these eligible project costs in the budget which is appropriate for the
Program involved. _
a. City Overhead and Third -Part Contracts. The following costs
incurred in the processing and administering of rehabilitation loans
are eligible project costs, to the same extent as costs incurred for
other eligible project activities.
(1) City cost for staff salaries, wages, and general overhead.
(2) Costs incurred under contracts or agreement with organizations,
firms, and individuals for technical and professional services.
Contracts and agreements for the provision of technical or
professional service must meet the City requirements for the
third -party contracts as to form and methods of solicitation and
execution, and shall be concurred in by the City Attorney's
office and the City Manager.
b. Other Costs Related to Loans. With the exception of those costs set
forth in paragraph 3.a. above there are no other costs related to the
processing of a rehabilitation loan application that may be included
in charges arising from the processing of a loan application that may
be eligible project costs.
C. Advancink Funds for Includable Costs. As necessary, the City shall _
advance proJect funds to pay for processing fees, credit reports and
charges for title reports and recordation fees.
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CHAPTER 3 ELIGIBILITY REQUIREMENTS
1. GENERAL. This chapter sets forth eligibility requirements as to the
property, and the applicant for a rehabilitation loan. A rehabilitation
_ loan may be made only with respect to a property located within: the
concentrated rehabilitation area(s) as approved by the City Council. The
propery must need rehabilitation to meet the Rehabilitation Standards.
Neither an individual family nor a structure may participate more than
once.
2. REQUIREMENTS APPLICABLE TO EVERY LOAN. In order to be eligible for a
rehabilitation loan, the applicant must evidence adequate capacity to
repay the loan. A rehabilitation loan cannot be approved if the
-- applicant's record shows a disregard for former obligations, or if there is
a clear inability to make the payment that will be required. In addition,
1 depending upon the type of applicant and property involved, the
requirements as described below also apply.
3. RE UIREMENTS APPLICABLE TO LOAN FOR RESIDENTIAL PROPERTY. An applicant
fora rehabTIT
1 tation loan on residential property must be the owner of the
"^ property.
4: REHABILITATION LOAN INVOLVING A LAND SALES CONTRACT. All, land sales
J contracts must be refinanced or ret red before an applicant can apply for a
Low Interest Loan.
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CHAPTER 4. COSTS INCLUDABLE IN REHABILITATION LOANS
1. GENERAL. A rehabilitation loan may be made only with respect to a property
wwhch needs to be brought up to Rehabilitation Standards, and, after
rehabilitation, the property must, at a minimum, conform to the
Rehabilitation Standards. Within the limitations on amount of loan as set
forth in Chapter 5, a rehabilitation loan may also include amounts for.
purposes other than meeting the Rehabilitation Standards, as set forth in
this section.
a. Consideration of Future Rents for Work Exceedina Rehabilitation
th
Standards. Wirespect to a property containing rental dwelling
units, a rehabilitation loan generally should include funds for work
that goes beyond the Rehabilitation Standards requirements only to
the extent that this will not cause the rents to exceed the means of
typical families living in the project area.
b. Conversions. In general, conversion of a property so as to change
eith—' eri s use or the number of units may be provided for in a
rehabilitation loan only if conversion is necessary to meet
Rehabilitation Standards or to eliminate a nonconforming use.
However, a rehabilitation loan may provide for conversion if there is
an insufficient market for the property in its present form, and
conversion will make rehabilitation and maintenance economically
feasible. However, conversion costs not required by the
Rehabilitation Standards or Zoning Ordinance shall be regulated
according to the formula set forth below under General Improvements
(if).
c. Enerav Conservation Measures. A home weatherization loan may provide
for specific energy conservation measures such as storm windows,
caulking and weather stripping and attic and wall insulation.
d. Building Permits and Related Fees. A rehabilitation loan may provide
funds to cover the cost of building permits and related fees that are
required to carry out the proposed rehabilitation work. However,
since the construction contract documents will require the contractor
to pay for them, this cost ordinarily would be included in the
contract amount.
e. Architectural Services. In some unusual --Cases, an applicant may
employ a private architect to prepare plans and drawings for the
rehabilitation of his property. In these cases, the City
rehabilitation loan may include an amount to cover the cost of the
architectural services for the foregoing rehabilitation work to be
financed by the City rehabilitation loan.
f. Certain Related Costs. A City rehabilitation loan may include funds
to cover certain costs and charges related to processing the loan
application and to obtaining security for the loan.
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(1) T,,,e of Related Costs. A City rehabilitation loan may
ov
pride the cost of the following:
(a) Appraisal fee.
(b) Title reports.
(c) Fees for recordation and filing.
(d) Abstracting.
(e) Termite inspection.
(f) Bank servicing charge.
(g) Hazard insurance.
(h) Architectural fees.
(i) Current accruals for: taxes, insurance, and special
assessments.
(j) Credit reports.
(k) Debtor's life insurance.
(1) Lead Based Paint Analysis
(2) Advance of Funds. As necessary, the City may advance funds
To pay for appraisal fee, title reports, termite
inspection, lead based paint analysis and credit reports
prior to formal commitment on the rehabilitation loan
application. If the loan is approved, the City shall be
reimbursed from the proceeds of the loan at the time of loan
settlement. If the loan is not approved, and the
application withdrawn, the City advances shall be regarded
as eligible project costs.
(g) General Improvements. A rehabilitation loan which includes
funds to cover cost of meeting the requirements of the
Rehabilitation Standards may include, in addition, funds for
general improvements the owner may wish to perform and can
financially afford to do. The maximum dollar amount available
for general improvements shall be limited to 40% of the cost of
correcting to Rehabilitation•Standards, and incipient work.
2. WORK WRITE-UP. The Rehabilitation Officer shall prepare a work write-up in
accordance with this manual, to document the rehabilitation work to be
financed with the rehabilitation loan.
3. ASSURANCE THAT REPAIRS WILL BE COMPLETED. In some instances the repair
costs may exceed the amount of the loan. In such cases, the loan will not
be made unless the applicant can provide whatever additional amount is
needed to assure completion of the work so that the property will meet at
least the Housing Code. If the rehabilitation loan will not be sufficient
to pay for the repair cost to meet at least the Code, the staff shall not
approve the loan unless the applicant can furnish supplementary funds
sufficient to complete the work.
4. LOAN CANCELLATION. Should a loan be cancelled after rehabilitation work
has begun due to some unforeseen occurrence, the City reserves the right to
withdraw their loan unless the property can be brought up to meet the
Rehabilitation Standards.
If the homeowner changes his mind and decides not to do incipient or
general repairs, the loan will be reduced to the actual amount of money
used rather than the full amount.
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5. SUPPLEMENTAL FUNDS. When the applicant is furnishing supplementary funds
frowl sources other than the rehabilitation loan, evidence that actual funds
are available shall consist of verification and documentation by the staff
that the applicant can deposit the required amount in a rehabilitation
escrow account.
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CHAPTER 5. LIMITATIONS ON THE AMOUNT OF THE LOAN
1. GENERAL. This section sets forth the eligibility requirements for
applicants of the City of Iowa City Rehabilitation Principal Loan program,
hereinafter referred to as a Low Interest Loan.
2. MAXIMUM LOW INTEREST LOAN FOR COMPREHENSIVE REHABILITATION. The maximum
loan on residential property shall be the lowest amount determined using
the following three criteria, regardless of whether the loan is secured or
unsecured.
a. The actual, approved construction costs.
b. $15,000 per dwelling unit.
C. An amount which when added to any outstanding indebtedness related to
the property, creates a total outstanding indebtedness which does not
exceed:
97 percent of the sum of as -is value of the property and
estimated rehabilitation costs up to and including $25,000
90 percent of the next $10,000 and 80 percent of any balance of
the sum that exceeds_$35,000.
3. MAXIMUM LOW INTEREST LOAN FOR WEATHERIZATION. The amount of home
weatherizatton that an applicant may receive shall be limited by the
following:
For an applicant whose income and liquid assets are in accord with the
established formulas, the loan amount shall not exceed the lesser of:
a. The actual (and approved) cost of the repairs necessary to make the
property conform to the minimum energy conservation measures. The
amount shall be established in accordance with this manual.
b. $1,500 Home Winterization Loan.
4. APPLICANT ELIGIBLITY. To be considered for a Low Interest Loan, the
applicant must comply with the following criteria:
a. Be the owner occupant of an all residential structure containing not
more than one (1) dwelling unit and located with the Rehabilitation
Area currently designated for service by the City Council.
b. Have maximum adjusted gross income not in excess of the following:
$14,350 for a 1 person household
$16,400 for a 2 person household
$18,450 for a 3 person household
$20,500 for a 4 person household
$21,800 for a 5 person household
$23,100 for a 6 person household
$24,350 for a 7 person household
$25,650 for an 8+ person household
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C. Have liquid assets which do not exceed those established for elderly
or handicapped persons are shown on the following table which is based
on family size and income.
(1) Conversion of Assets: When an applicant has assets which are in
excess of the maximum liquid asset level, the excess amount may
be reduced by applying them toward the actual cost of the
rehabilitation of the property. The excess assets must be
escrowed to the City of Iowa City to pay for rehabilitation.
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TABLE OF MAXIMUM ASSET LEVELS
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at"@
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Io,000
15,000
:0.m.
ID.MV
:0,00
:0,M
10,000
70,000
5,300 as
f,am
15,000
70, ooc
70.000
70,000
70,000
2D.OM
70.001
9.111.»
0.0041 »
9.000
18,:00
70.000
:o.m
70.000
:1,100
Io.o00
:*.an
9..».»
0,500 1.
a.foo
17.300
11.000
10,000
70,000
SO,000
:o.oVo
70.00
t.m.»
LOCO to
8.000
12,750
1/.000
70.000
70.00
-D.Wo
70,000
70,000
7,4".91
I,SO t.
7,10
l7.MD
17,000
11.4100
70,000
70,000
".W
70,00
8.000 n
7,000
li,n0
14.000
18.000
111.1101)
111,000
70,000
Iolm
8,500 t.
0,100
10,100
Moto
17.000
MOOD
19,000
10,0011
10.000
1,00.00
9,oM to
6.000
9.7110
".000
1400
17.000
18,000
".0011
12,00
400.00
9.30 to
3.30
1.001
17.000
Ir.MO
".000
17.000
".000
I/,OM
9.m.»
10.000 is
f,o11D
8.1241
117.000
A.MO
19.1100
18,0D
17,000
u.4"
10.899.99
11.10 a
7,100
II,Mo
MOOD
14.000
it,=
140041
12.101
10,m.M
11,000 410
7.301
I 10.00
11,000
17,000
10,000
13.00
11.088
11.300 t.
10,001
11,000
17,000
13,000
11,0011
15.00
II.M.M
17,000 t.
10,00
Io.000
11,00
11,000
i3O0
1A.M
12.s0 t.
Moto
to.=
10,000
It,=
It,MO
IJOO
IIOM t.
10,00
".000
11.000
MOM
M,1M.M
13.100 t.
IO,OM
10,00
11.00
u,m.»
1400D to
10,000
10,000
12,3».00
I8,500 t.
IO.OM
IS,MD to
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Is,50 t.
lo,m
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I0O0
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18,30 a
14000
10.919.»
M.OM a
10,00
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.J An applicant who is over 60 years of age or who is disabled are allowed the
following amounts.
1 person household - $25,000
2 or more person household - $30,000
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An applicant who is over 60 years of age or who is disabled are allowed the
following amounts.
1 person household - $25,000
2 or more person household - $30,000
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5. ABILITY TO REPAY. An applicant for a Low Interest Loan shall be considered
to have an adequate ability to repay the loan if after the loan is made, the
following tests can be met:
a. A maximum expenditure for housing expenses shall not exceed 35% of the
adjusted gross income of the household. Housing expenses include:
(1) Principal and interest on mortgage.
(2) Principal payments on City of Iowa City rehabilitation loan.
(3) Taxes.
(4) Utilities.
(5) Hazard insurance premium.
(6) Maintenance.
b. A minimum of $2.00 per person per day must remain available for food,
clothing, medical expenses, etc., after the fixed monthly expenses
for the following have been deleted from the adjusted gross income:
(1) Housing expense
(2) Automobile payments
(3) Life insurance loan
(4) Notes payable
(5) Mortgages or land contract payments for other real estate
(6) Monthly installment credit accounts
(7) Life and health insurance premiums
6. All Low Interest Loan promissory notes shall be signed and duly recorded.
In addition, all loans in excess of $4,950 shall be secured by a mortgage,
duly recorded, naming the City of Iowa City as Mortgagee.
7. TERMS AND CONDITIONS: FOR A COMPREHENSIVE REHAB LOAN
a. Terms and Conditions.
The Maximum term of the Low Interest Loan shall be 15 years, and it
shall bear six percent (6%) interest per annum.
b. Assignability.
The Low Interest Loan is not assignable and shall be due upon sale or
transfer of the property. Selling the property by use of a land
contract shall constitute a transfer of property and the Low Interest
Loan shall be payable in full at that time.
C. Repayment and Debt Service.
(1) Payments shall be made in 180 consecutive monthly installments
to a local lending institution designated by the City. Each
monthly payment shall be for 1/180 of the original loan amount
plus interest plus a monthly debt service charge.
(2) The Low Interest loan may be retired in a period of less than 15 years
without penalties.
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d. Service and Closing Costs.
The closing costs for a Low Interest Loan may include the following:
(1) Fees for establishing debt service account.
(2) Appraisal fees.
(3) Title search and abstracting fee.
(4) Recording fees.
e. Delinquency and Late Payment Penalty.
A late payment charge shall accrue on any amounts delinquent by one
month or more. The amount will be specified at the loan closing and
if altered, the mortgagor will be notified 60 days prior to the
effective date.
j 8. TERMS AND CONDITIONS: FOR A WEATHERIZATION LOAN
a. Terms and Conditions.
The Maximum term of the Weatherization Loan shall be 5 years, and it
shall bear three percent (3%) interest per annum.
b. Assignability.
The Weatherization Loan is not assignable and shall.be due upon sale
or transfer of the property. Selling the property by use of a land
contract shall constitute a transfer of property and the
Weatherization Loan shall be payable in full at that time.
C. Repayment and Debt Service.
(1) Payments shall be made in 60 consectutive monthly installments
to a local lending institution designated by the City. Each
monthly payment shall be for 1/60 of the original loan amount
plus interest plus a monthly debt service charge.
(2) The Weatherization Loan may be retired in a period of less than 5
years without penalties.
- d. Service and Closing Costs.
The closing costs for a Weatherization Loan may include the following:
(1) Fees for establishing debt service account.
i (2) Appraisal fees.
(3) Title search and abstracting fee.
(4) Recording fees.
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e. Delinquency and Late Payment Penalty.
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A late payment charge shall accrue on any amounts delinquent by one
i month or more. The amount will be specified at the loan closing and
if altered, the mortgagor will be notified 60. days prior to the
effective date.
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CHAPTER 6. PROCESSING AND SUBMISSIONS FOR A REHABILITATION LOAN
1. REHABILITATION LOAN ON RESIDENTIAL PROPERTY. The material under this
head ng is in connection with a rehabilitation loan on residential property
that by itself in
or conjunction with funds to be provided by the
applicant, is sufficient to accomplish the required rehabilitation.
a. Outline of Rehabilitation Staff Functions. Listed below are the
functions to be performed by the Rehabilitation Staff for a
rehabilitation loan on a residential property. Regardless of the
sources of funds to rehabilitate a property, the Rehabilitation Staff
_
shall assist the property owner by performing functions (1) through
(7) listed below:
(1) Interview and advise the property owner on the general
rehabilitation objectives for the project area, the purposes and
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meaning of the Rehabilitation Standards.
(2) Advise the property owner on the availability and benefits of a
rehabilitation loan, and on other Federal and private programs
and resources for financing rehabilitation.
(3) Inspect the property.
_
(4) Prepare a work write-up and cost estimate of the rehabilitation
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work.
(5) Financial interview by Rehabilitation Officer to determine
eligibility of the applicant for a rehabilitation loan.
—
(6) Determine that items in the work write-up conform to purposes for
which a rehabilitation loan may be used.
(7) Advise applicant concerning the conditions under which a
rehabilitation loan is made.
(8) Obtain following information with respect to the applicant for
all residential properties:
(a) Verification of Mortgage or Deed of Trust from each holder
of lien secured by the property --
(b) Credit report from recognized credit bureau.
(c) Verification of employment.
_
(d) Statement of verification of other earnings.
(e) Verification of deposits.
b
(9) Make a preliminary evaluation of ability of applicant to repay
indicated loan amount.
(10) Final consultation with applicant on preliminary work write-up
and cost estimate to reach agreement on work to be done within
applicant's ability to repay.
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(11) Prepare contract specifications.
(12)
Request as -is appraisal.
(13)
Let construction bids, assist applicant in selection of
acceptable contractors. -
(14)
Take "before" pictures.
(15)
Assign loan number and set up separate file for each case. _
(16)
Deliver case to Director for submission to Housing Commission
for conditional commitment. Include the following papers and/or
forms:
(a) As -is appraisal. -
(b) Two (2) copies of accepted bid.
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(c) "Before" pictures.
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(d) Copy of Code violation letter and cost estimate.
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(17)
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Order abstract update and legal opinion, if applicable. _
(18)
Complete COR -7630 or CDR -7632. _
(19)
Determine that through the rehabilitation loan the property will
conform to Housing Rehabilitation Standards requirements. If
additional financing is required, assist applicant in obtaining
the needed funds.
(20)
Deliver to Director for submission to the Housing Commission for
firm commitment (loan approval). Include the following as
applicable: -
(a) CDR -7630 or CDR -7632.
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(b) Credit Report (original).
(c) Verification of Deposit(s) (original).
(d) Verification of employment(s) (original).
(e) Verification of Income from Other Sources (original). -
(f) Verification(s) of Mortgage or Deed of Trust (original).
(g) Copy of Deed.
(h) Current balance sheet, operating statement and/or most
recent copy of tax returns if applicant is self-employed. -
(i) City Attorney's opinions.
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(21) When the firm commitment has been received by the Rehabilitation
Officer, advise applicant and loan servicing agency and set date
for the settlement of the loan.
(22) Along with 20(a) through (i), include for the retention at
closing, the following:
(a) Hazard insurance policy on property.
(b) Copy of payment schedule breakdown.
(c) Copy of agreement on low interest loan.
(d) Debtor's life insurance policy, if applicable.
(23) Prepare "Request for Loan Account", and hold in file until date
certain.
(24) On date certain, pick up the applicant, or meet at designated
i i 7 loan closing location and assist in getting all necessary papers
signed.
(a) Have applicant(s) sign:
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1. All copies of construction contract.
2. Proceed order.
3. Promissory note or mortgage.
(b) Provide in writing and explain to the borrower the amount of
their monthly payments and when the first and all
subsequent payments are due. (Truth in Lending Disclosure
Statement)
(c) Staff willexplain their responsibility in recording all
security instruments.
(d) Continue abstract and return to the City Attorney for final
opinion.
(e) Record promissory note or mortgage at Courthouse.
(f) Deposit borrower's supplemental funds in escrow account.
Borrower will be given receipt with photo copy of check.
(25) Assure compliance with equal employment opportunity
requirements. This is a continuing responsibility until the
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work is compelted.
(26) Inspect the rehabilitation work and make progress payments, if
provided in construction contract.
(27) Make final inspection of comleted rehabilitation work.
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(28) Issue Form CDR -7645, "Certificate of Final Inspection".
(29) Take "after" pictures.
(30) Obtain from contractor guarantee of work, manufacturers' and w
suppliers' warranties, and release of liens from the general
contractor, subcontractors and suppliers prior to final payment
for rehabilitation work.
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(31) Request final payment to contractor for completed rehabilitation
work.
(32) Place in the file, the following papers and/or forms:
(a) Copy of signed promissory note, if applicable.
(b) Copy of signed and recorded mortgage, if applicable.
(c) Copy of firm commitment signed by authorized City employee.
! (d) Copy of City's Request for Loan Account, CDR -7636.
(e) Copy of all lien waivers.
(33) Make follow-up inspection of rehabilitation work. .
b. Disa royal of Loan Application. Disapproval by the Housing
Comm ss on for any loan application constitutes a formal turn down and
the Rehab Officer shall advise the applicant accordingly and properly
document the file. In the case of special or extenuating
circumstances, the Rehabilitation Officer may ask the Housing —
Commission to re-examine an application along with the documentation
necessary to support the request for reconsideration.
C. 8,,, jS!nj Cancels Loan A lication. In the event the applicant
chooses to tante the loan application prior to Date Certain, the
Rehab Officer shall prepare CDR -7630C and obtain the applicants)
signature(s). If the applicant(s) refuses to sign, the Rehab Officer
shall document this refusal by so indicating on the CDR 7630C by a
statement signed by the Rehab Officer.
3. DOCUMENTATION FOR LOAN ON RESIDENTIAL PROPERTY. This material sets forth
required documentation n conjunction with an application recommended for
approval by the Rehabilitation Officer for a rehabilitation loan on
residential property. The forms and other documentation to be included
with the application by the Rehabilitation Officer to the Housing
Commission are listed in paragraph 1. Instructions concerning some of the
documents listed are as follows: —
a.If a Application Form.
(1)
rehabilitation grant, nCDR-7630loan �will to also be completed. with a
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(2) Each applicant shall be given a copy of Form CDR -7631.
b. Verificationof Em to ment. Include a completed COR -7633 "Request
for Verificat on of Employment" for each position held within the last
12 months. Verifications of employment must be completed on all
persons whose signatures will appear on the promissory note and
mortgage.
C. Verification of De osit. CDR -7634 must be completed for each
checking and or savings account listed by the applicant(s).
d. Verification of Income from Other Sources. Verify all other income
received by the applicant(s), such as pensions, social security, ADC,
disability benefits, rentals, income from care of foster children,
interest on investments, etc. If the principal source of income of
the applicant(s) is from his own business, include a currently dated
balance sheet and operating statement, or a copy of his most recent
tax return.
e. Verification Mort a e or Deed of Trust. Complete CDR -7639 for each
outstand ng mortgage or land sales contract on all properties being
purchased by the applicant(s).
f. Credit Data.
(1) Obtain a written credit report from the Credit Bureau.
g. Construction Contract Document. See Chapter 13.
h. Ownership Data. The Rehabilitation Officer shall make a preliminary
informal determination of ownership. The citation from the land
records or other official records used in the verification shall be
retained in the file. This informal verification shall be followed,
at the appropriate time, by a formal verification in the form of a
written title search and the continuation of the abstract.
i. Rehabilitation Loan Involving_ a Land Sales Contract. All land sales
contracts must be refinanced or retired before —an can apply
for a Low Interest Loan.
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CHAPTER 7. LOAN SETTLEMENT
I. GENERAL. This chapter sets forth the staff responsibilities with respect
to a City of Iowa City rehabilitation loan for: (a) preparing for loan
settlement; (b) completing loan settlement; and carrying out post
settlement activities.
2. PREPARING FOR LOAN SETTLEMENT. The following actions shall be taken in
preparation for loan settlement:
a. Establish a date certain for loan settlement that allows a minimum of
15 days for processing.
b. Prepare Form COR -6236 for a loan encumbrance to be dated the date
certain.
C. After the loan encumbrance is requested, the Rehabilitation Officer
shall promptly take the following actions:
(1) Prepare a promissory note (original) in accordance with the form
of promissory note approved by the City Attorney's Office.
(2) If the loan is to be so secured, prepare a mortgage (original) in
accordance with the form of mortgage approved by the City
Attorney's Office for use in this. Housing Rehabilitation
program.
(a) For a loan under $5,000, recheck the ownership information
in the case file.
(b) For a loan of $5,000 or more, arrange for updating the title
report to the date certain.
(3) Prepare a proceed order to be signed by the borrower at
settlement. For a secured loan, the executed proceed order shall
be retained by the Rehabilitation Officer for five working days
from the date of signing in order to give the borrower time to
exercise his rights of rescission under the Truth in Lending Act.
(4) Instruct the borrower to obtain:
(a) Original and memorandum copy of insurance policies for fire
and extended coverage that provides coverage in accordance
with the local coinsurance clause percentage of the value
of the property, or an insurance binder or other evidence of
insurance.
(b) Original or certified copy of receipt for payment of
initial or current insurance premium, whichever is
applicable.
5. Make arrangements for loan settlement on the date certain.
3. DELAY IN LOAN SETTLEMENT. Loan settlement shall be effected on the
established settlement date, provided that the approved Form CDR -6236 and
the loan check have been received from the Finance Department. If for any
reason loan settlement cannot be accomplished on the established date, it
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shall be accomplished as soon thereafter as possible. Such later
settlement shall, with the written consent of the borrower, be effected as
of the originally established settlement date. In the absence of that
written consent, the loan check must be returned to the Finance Department.
The Rehabilitation Officer shall then set a new settlement date and shall
prepare and submit to the Finance Department a new Form COR -6236 (original
and one copy) with the new date certain specified thereon.
4. COMPLETING LOAN SETTLEMENT. The Rehabilitation Officer shall proceed with
loan settlement on the date certain as follows:
a. Review the approved Form CDR -6236 with the borrower. If applicable,
emphasize that the borrower must include not only in his/her first
monthly payment, but also in his/her subsequent monthly payments, an
amount for accrued escrow expense account items.
b. Secure the borrower's signature in block M of each of the three copies
of Form CDR -6236, and witness the signature.
C. Secure the borrower's signature on the original promissory note.
I — d. If applicable, secure the borrower's signature on the original
mortgage or deed of trust.
e. If necessary, review with the borrower the copy of Form CDR -7631,
which was previously given to him before he signed the application
— form CDR -7630.
f. Obtain opinion of City Attorney (original) concerning the legality
and sufficiency of the executed promissory note and, if any, the
mortgage or deed of trust. The City Attorney shall participate in any
— proceedings as may be necessary to assure the legal validity of the
loan application.
g. Obtain from the borrower the required fire and extended coverage
insurance policies and premium payment receipts.
h. Obtain from the borrower evidence of current tax and special
assessment payments in the form of most recent receipts.
i. Secure the borrower's endorsement on the loan check.
j. Advise the borrower with regard to:
(1) Name of the loan servicer to whom monthly payment checks shall be
made payable, where to send the first and subsequent monthly
payments, and the obligation to remit the first monthly payment
even though the borrower may not receive a payment notice.
(2) Need to make all monthly payments on the date due to avoid legal
action.
k. If applicable, obtain check from borrower to cover accrued escrow
iII expense account items. The check shall be forwarded to loan servicing
a.
agent.
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1. Obtain borrower's signature on proceed order and hold until it is
evident that the borrower does not .intend to cancel the loan in
accordance with the Truth in Lending Act.
5. POST SETTLEMENT. The Rehabilitation Officer shall record all recordable
instruments and obtain evidence of recordation promptly after completing
loan settlement. The Rehabilitation Officer shall prepare a transmittal
letter (original and one copy) to the local lender under contract to the
City for loan servicing. Preparation and release of the original and
copies of the transmittal letter and accompanying documents shall not be
delayed, pending receipt of the recorded instruments and evidence of
recordation.
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APPENDIX 1. GUIDE FORM OF TRANSMITTAL LETTER FOR
TRANSFER OF REHABILITATION LOANS TO SERVICE AGENT
Gentlemen:
The following City of Iowa City rehabilitation loans have been settled and are
being transferred to you for loan servicing in accordance with the agreement
between the City of Iowa City and your lending institution. For each loan
listed below, there are enclosed, as applicable, checks to cover accrued escrow
expense account items for the following loans:
The first monthly payment for each loan listed below is due ,
19_, and the amount of the first monthly payment and subsequent monthly
payments for each loan is indicated on the corresponding Form CDR -6236.
The following loans are covered by this transmittal:
Loan Number Name of Borrower Amount of Loan Type of Loan Securit
Enclosures
(Signature of Rehabilitation f cer)
(Title)
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CHAPTER 8. LOAN CLOSEOUT
1. GENERAL. This chapter sets forth the staff responsibilities for loan
closeout and transmittal of related documents for a rehabilitation loan.
2. DISPOSITION OF FUNDS STATEMENT. After all funds have been disbursed from
the rehabilitat on escrow account and the account has been closed, the
Rehabilitation Officer shall prepare a Disposition of Funds statement in
which the Rehabilitation Officer shall account for the disposition of the
full loan amount and any other funds deposited in the rehabilitation escrow
account for the borrower.
3. TRANSMITTAL REQUIREMENTS.. After final payment for all rehabilitation
costs and after closing the borrower's account, the Rehabilitation Officer
shall transmit the documents prescribed below to the borrower and the
Finance Department, in accordance with the following:
a. Transmittals to Finance Department.
(1) Disposition of funds (copy).
(b) Contractor's final invoice.
(c) Form CDR -7645 (copy).
(d) Release of liens.
b. Transmittals to Borrower.
(1) Disposition of funds (copy)..
(2) Form CDR -7645 (original).
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CHAPTER 9. TERMS AND CONDITIONS UNDER WHICH
REHABILITATION LOANS ARE MADE
1. GENERAL. This chapter sets forth City requirements with respect to terms
and conditions to which an applicant must agree in order to obtain a
rehabilitation loan.
2. REHABILITATION LOAN CONDITIONS. The specific terms and conditions with
respect to rehabilitation loan to a residential property are incorporated
in Form CDR -7631, the mortgage or other security instruments as applicable,
and the promissory note.
a. Cancellation Provision. Under paragraph 3 of Form CDR -7631,
concerning the City's right to cancel a loan if within 60 days from
the note's execution the rehabilitation work has not commenced, the
City may extend the 60 -day period by not more than 30 days, due to
unforseen and extenuating circumstances.
b. Additional Extension. The Rehabilitation Officer shall not grant any
further extensions of time without prior written concurrence by the
— Director, Department of Housing and Inspections. If the loan is to be
canceled because of failure to begin anticipated rehabilitation work
within the allowed period of time, the Rehabilitation Officer shall
initiate cancellation.
-- 3. INTEREST RATE. The interest rate to the borrower for a comprehensive
rehab 1 tat on loan shall be six percent (6%) per annum. A weatherization
loan shall be three percent (3%) per annum.
4. TERM OF LOAN. The maximum term for a City rehabilitation loan shall be 15
years for comprehensive rehabilitation and 5 years for a weatherization
loan.
S. POINTS OF AGREEMENT. The applicant shall agree, as required by the related
documents, to abide by the following terms and conditions.
a. Civil Rights. Comply with all Federal and City requirements with
respect to Title VI of the Civil Rights Act of 1964, to not
discriminate upon the basis of race, color, creed, religion, national
origin, age, sex, marital status, disability and sexual orientation.
b. Use of Proceeds. Use the loan proceeds only to pay for costs of
services and materials necessary to carry out the rehabilitation work
for which the loan will be approved.
C. Completion of Work. Assure that the rehabilitation work shall be
carried out promptly and efficiently through written contract.
d. Ineligible Contractors. Not award any contract for rehabilitation
work to be paid for in whole or in part with the proceeds of the loan
to any contractor, who, at the time, is ineligible under the provision
of any applicable regulation issued by the Secretary of Labor to
receive an award of such contract.
e. Inspection. Permit inspection by the City or its designee of the
property, the rehabilitation work, and all contracts, materials,
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equipment, payrolls, and conditions of employment pertaining to the
work.
f. Records. Keep such records as may be required by the City with
respect to the rehabilitation work.
g. Interest of Certain Officials. Not permit any member of or Delegate
to the Congress of the United States, and no Resident Commissioners,
to share in any proceeds of the loan, or to any benefit to arise from
the same.
h. Bonus, Commission, or Fee. Not pay any bonus, commission, or fee for
the purpose of obtaim ng the City's approval of the loan application,
or any other approval or concurrence required by the City or its
designee to complete the rehabilitation work, financed in whole or in
part with the rehabilitation loan.
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i. Interest of the Cit . Allow no member of the governing body of the
City who exercises any functions or responsibilities in connection
with the administration of the concentrated rehabilitation project,
and no other officer or employee of the City who exercises such
functions or responsibilities to have any direct interest in the
proceeds of the rehabilitation loan, or in any contract entered into
by the applicant for the performance of work financed, in whole or in
part, with the proceeds of the rehabilitation loan.
j. Preservation of the Securit . Maintain the property, at the
requ remxnts of the Rehabitation Standards level and permit the
City or its designee to inspect the property during the term of the
loan.
k. Hazard Insurance. Maintain hazard insurance on the property with a
loss payable clause to the City as applicable.
1. Transfer of the Property- Not sell, or transfer the property without
repaying the entire loan, unless prior written consent of the City is
sought and received.
III. Loan Security Requirements. Provide security for the loan, the form
of a mortgage, on the property, if applicable.
n. Debtor's Insurance. Maintain a debtor's life insurance policy in the
amount of the mortgage or lien as applicable.
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CHAPTER 10. FUNDING OF INDIVIDUAL LOANS
AND MANAGEMENT OF ACCOUNTS
i. GENERAL. This chapter sets forth policies for funding the individual loan
and —al so the policies for City management of loan funds.
2. FUNDING REPAIR LOANS. When an application for financial assistance has
been processed and approved, the staff shall enter the total amount of
assistance in the program account ledger as encumbered monies. The staff
must be certain that adequate funds are budgeted and uncommitted before
processing applications for loans. Program budgets will be established
annually by the City Council according to local, state and federal funding
availability.
3. FUNDING REPAIR PROJECTS SUPPLEMENTED BY PRIVATE FUNDS. When supplemental
funds are utilized to complete a project, these funds are collected when
the application is approved and deposited into the program account awaiting
disbursement. An entry of fund receipt shall be made in the program
account ledger. The Iowa City Department of Finance is responsible for
depositing the check and reporting the transaction in the department
computer printout by case number and finance program.
4. MANAGEMENT OF THE REPAIR LOAN AND SUPPLEMENTAL FUNDS ACCOUNT. All
private repair program funds, shall be deposited in a nog-interestaarninfunds
bank account. Accounting records will be maintained to keep private
separate from other City funds.
a. Se crate Case Numbers for Each Pro ram Participant. The
Rehabilitat on Officer will assign case numbers to each program
applicant. The accounting computer printout will log all credits and
debits according to assigned case numbers.
b. Disbursements of Repair Funds. Disbursements from repair funds will
be authorized by the Director of Housing and Inspection Services. A
check request will be prepared and submitted to the Department of
Finance properly identifying the case number and expenditure. The
Rehabilitation Officer will maintain a file of all invoices and
receipts. The Department of Finance will prepare a check, as
directed, payable to the applicant/borrower and the payee for the
following purposes, as may be appropriate:
(i) Make Progressopayments gress n are ilimitedytonl n80%fof the or rehabilitation
alue a ofthe wwork
- satisfactorily completed.
(2) Pay for insurance binder, if required.
(3) Reimburse the City for advanced loan expenses.
(4) Closeout individual rehabilitation accounts by appropriately
disbursing any unutilized funds remaining in the rehabilitation
account.
A check to in
he
rehabilitation return to the account apsnt/brrower nutntoin t
hallbemadepayable he
applicant/borrower only.
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c. 'Transmittal of Checks. The Rehabilitation Officer shall secure the
endorsement of the grantee on checks payable to the grantee and the
payee. The Rehabilitation Officer shall transmit the endorsed check
to the payee. Checks which include any amounts previously withheld
from progress payments shall be accompanied by an explanation of the
computation.
d. Disputes. In the event a dispute exists between the applicant and the
contractor with respect to the repair work, the Rehabilitation
Officer shall take appropriate action in accordance with the
provisions of the construction contract to assure that the grantee is
satisfied before making any payment to the contractor.
e. Ad.iustment and Closeout of the Case Account. Usually disbursements
made for the purposes stated under paragraph 2 will closeout the case
account. However, if unutilized funds remain in for individual cases
because the actual repair costs were less than anticipated or for
other reasons, the unutilized funds shall be disbursed as follows:
(1) If all the funds were providedby a rehabilitation loan, the
unutilized funds shall be disbursed to apply to the principal
amount of the loan. A check to be applied to the rehabilitation
loan amount shall be made payable jointly to the borrower and the
lender, and transmitted with instructions that the check shall
be applied to the reduction of the loan's principal balance.
(2) If the loan was supplemented by private funds, the unutilized
funds, up to the amount of the private contribution, shall be
disbursed to the applicant/borrower, at his option.
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CHAPTER 11. PROPERTY APPRAISAL
1. GENERAL. An appraisal is required for every property to be rehabilitated
w t� h a rehabilitation loan. The type of appraisal varies depending on
whether the loan involved is secured or unsecured.
a. Fora rehabilitation loanon residential property an as -is appraisal
is required. An as -is appraisal is defined as the highest price which
a property will bring, if exposed for sale in the open market,
allowing a reasonable time to find a purchaser who buys with knowledge
of all the uses to which it is adapted and for which it is capable of
being used. The value sought presupposes all cash to the seller, with
the purchaser financing the transaction by the most advantageous
means and terms generally available throughout the entire city. The
value must also take into consideration the neighborhood upgrading
expected as a result of the Neighborhood Revitalization Plan or local
code enforcement program.
2. APPRAISAL FOR REHABILITATION LOAN. The Rehabilitation Officer should make
a prelim nary evaluation to ascertain that loan approval is likely, before
requesting an appraisal.
—a. A raisal b Cit Staff. For loans under $5,000 on residential,
m xed-use or nonresidential property, the appraisal shall be made
whenever possible by City staff.
(1) The appraisal information shall be recorded on Form CDR -7632,
completed in its entirety and signed by an authorized member of
the staff. This action will confirm the City's acceptance of and
concurrence in the report. The completed Form CDR -7632 shall be
retained in the case file. The estimates of value, remaining
economic life, and age of structure shall be entered in the
spaces provided on Form CDR -7630.
b. Appraisal by Independent Appraiser. For loans of $5,000 or more, the
Rehabilitation Off cer shall obtain an appraisal from an independent,
FHA -approved appraisal agency.
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CHAPTER 12. DETERMINING WORK TO BE DONE
WITH A REHABILITATION LOAN
1. GENERAL. This section sets forth the responsibilities of the _
Rehabilitation Officer for determining the repair work necessary to bring a
property into conformance with the requirements for a home rehabilitation
program and for providing assistance in the repair of the property. In
carrying out these responsibilities, the Rehabilitation Officer shall:
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a. Inspect the property. al
b. Make a preliminary work write-up and cost estimate of the work to be
done.
C. Consult with and advise the owner on the work to be done, and the 7
availability of a rehabilitation loan.
d. Prepare a final work write-up and cost estimate as the basis for a
loan and for contracting for the repair work. i
2. WORK WRITE-UP AND COST ESTIMATE. A work write-up and cost estimate is a
statement -prepared by the Rehabilitation Officer based on the property
inspection report that itemizes all the repair work to be done on the
property, and includes an estimate of the cost of each item. The cost
estimate shall be reasonable and shall reflect actual costs prevailing in
the locality for comparable work.
3. SPECIFICATIONS IN CONSTRUCTION CONTRACT DOCUMENTS. Each specification in
a construction contract document shall be written so that it provides a
baser undfor carefully
of the nature and scope of the work to be done, and a
basis for carefully determined bids and proposals from contractors. Each
specification shall show the nature and location of the work and the
quantity and type of materials required. The specifications shall refer to
manufacturers' brand names or to association standards to identify the
quality of materials and equipment required, and may make provisions for
acceptable substitutes. If the work write-up is sufficiently
comprehensive, it may itself be used for the specifications, without any —
cost estimate figures or distinctions as to work required or not required.
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CHAPTER 13. CONTRACTING FOR REPAIR WORK
1. INTRODUCTION. This chapter sets forth requirements and procedures with
respect to construction contracts for repair financed through a
Rehabilitation Loan. Repair work shall be undertaken only through a
written contract between the contractor and the recipient of the loan.
Whenever possible the owner shall be encouraged to obtain their own bids
and enter into the repair contract with little or no City involvement. The
Rehabilitation Officer shall assist each applicant as needed, in arranging
for and obtaining an acceptable construction contract.
a. Foran of Contract. The construction contract shall consist of a
single document form provided by the City and signed by the contractor
and accepted by the homeowner, only following approval of the repair
loan. It shall contain a bid and proposal by the contractor.
b. Procurement of Bids. An acceptable contractor's bid and proposal
must be obtained before the Director approves Form COR -7630 for the
repair loan.
' 2. GENERAL CONDITIONS. The Rehabilitation Officer shall prepare "general
conditions for use in all construction contracts for the repair of the
G property.
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3. SPECIFICATIONS AND DRAWINGS. Specifications, based on the work write-up
and illustrative sketches, if any, covering the specific repair work for
each property on which a repair loan will be made shall be prepared by the
Rehabilitation Officer or contractor. Drawings shall be prepared only when
essential to show the scope of the work involved so that a fair bid for the
work can be obtained, and to avoid misunderstandings with the bidder. The
specifications and drawings shall be based on the work write-up resulting
from an inspection of the property and interviews, as indicated, with the
applicant. The specifications shall clearly establish the nature of the
work to be done and the material and equipment to be installed. Each page
of the specifications and drawings shall be numbered and shall contain
identification that includes the name, address of owner, and the date of
the specification.
4. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL.
a. Contractor Selection. The owner shall be asked for the name of a
contractor he/she would like to bid on the repair of his/her property.
If the owner does not know of a contractor, the staff shall provide
the .property owner with two contractor names from the list of
contractors maintained at the Department of Housing and Inspection
e Services.
b. Invitation to Bid. Once the contractor has been selected according
to paragraph 4a. above, the homeowner shall contact the selected
contractor and invite him/her to bid the proposed repair. The
` Rehabilitation Officer shall meet the contractor at the subject
property at an appointed time to assist in the inspection of the
property and to facilitate obtaining a bid.
C. Bid Review. Upon receipt of the bid proposal from the bidding
contractor, the homeowner shall review the bid for completeness and
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accuracy making special note to assure that the specifications have
been adhered to.
d. Acceptable Bid. An acceptable bid is one that upon review under 4c.
above, is not in excess of 10% of the Rehabilitation Officer's
estimate. Where two or more bids have been obtained, the lowest
acceptable bid shall be recommended to the owner for approval. In the
event no acceptable bids are received, the homeowner shall reject all
bids and the owner shall select another contractor and repeat the bid
process.
e. Maintenance of the Contractors' List.
(1) The Rehabilitation Officer shall be responsible for maintaining
a list of all contractors including minority and female
contractors who have expressed an interest in bidding on repair
construction and who can provide the following as contained on
Form CDR -7946:
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(a) Adequate active liability insurance
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(b) The name of his/her company bank.
(c) The names of his/her usual subcontractors.
(d) The names of his/her principal suppliers.
(e) The names and addresses of at least two (2) residential
repair or construction jobs.
(f) Iowa City contractor's license as applicable.
(2) The Contractor List shall be maintained in a conspicuous place
within the Department of Housing and Inspection Services office,
open to public review. The Contractor List shall be grouped
according to the category of specialization the contractor
requests to be listed (e.g., general contractors, electrical,
plumbing/heating, masonry, dry wall, etc.).
6. AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having
the applicant for the loan properly execute the contract with the
assistance of the Rehabilitation Officer.
a. Issuance of Proceed Offer. At the time the award is made, the
Rehabilitation Officer shall remind the applicant and the successful
contractor that the undertaking of the work covered by the contract is
subject to issuance by the owner of a proceed order, within the number
of days stated in the general conditions of the contract from the date
of the award. Upon award of the contract, the homeowner shall notify
unsuccessful bidders that they have not been awarded the contract.
b. Award within 30 days of Cutoff Date. In order for the bid and
proposal to be binding, the award shall be made within a period of 30
days from the cutoff date established by the homeowner for the receipt
of the bid and proposal, unless a later date is agreed upon in
writing.
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C. Contract Award. The award of a construction contract shall be
accomplished by the owner executing the original and two copies of the
- contract documents. The homeowner shall distribute. the executed
contract to documents as follows:
(1) Executed original retained by homeower.
(2) Executed copy to contractor.
(3) Executed copy to the City of Iowa City in care of the
Rehabilitation Officer.
7. LABOR PERFORMED BY OWNER IN REPAIRING PROPERTY.
a. Type of Work d Skill of Owner. A property owner may complete some
or all of theantasks required to repair his/her property, if he/she has
the degree of skill required to perform the work involved. Self-help
is usually appropriate for the accomplishment of tasks of an unskilled
nature such as general clean-up, demolition of small buildings on a
property, removal, cartage, and disposal of the debris, and for work
that involves minimal use of costly materials and equipment. Work of
a skilled nature, and work involving the extensive installation of
costly materials and equipment, are appropriate if the Rehabilitation
Officer is assured the property owner has the ability and experience
I - required to do the work properly without supervision, or that he/she
has sufficient skill to do the work properly with technical advice and
guidance from the Rehabilitation Officer.
b. Provision for Self-Nel in Loan. Whenever self-help is necessary,
—
Tin—Mated, or desired, and the Rehabilitation Officer considers that
with or without its technical assistance and guidance a property owner
— will be able to perform the work in a reasonably acceptable and
expeditious manner, he/she may process an application for a loan on
that basis. In such a case, the amount of the loan -would provide
funds to pay for the materials and equipment to be installed by self-
help, as well as any additional funds needed to pay for other work to
be performed by a contractor. The loan shall not include funds to pay
the owner or members of his/her family for their labor. Further, the
Rehabilitation Officer must exercise good judgement and prudence as
_. to avoid a situation in which an owner could place himself or herself
in financial difficulty through improper use, installation,, or even
— destruction of the materials and equipment purchased with loan funds.
For this reason, the owner should understand that the proceeds of a
loan to pay the supplier for materials and equipment involved in a
self-help will be disbursed from the loan account by the staff, only
after they have been properly installed.
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CHAPTER 14. INSPECTION OF REPAIR WORK .
1• GENERAL. This chapter sets forth the requirements for the inspection of
rep _T
r work financed in whole or in part with a rehabilitation loan.
2• RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitaton Officer shall
make nspect ons of construction work in cases involving a repair loan. To
accomplish this, the Rehabilitation Officer shall make:
(1) Compliance inspection, as necessary, to assure that the construction
work is being completed in accordance with the construction contract.
(2) A final inspection to determine that the construction work has been
completed in accordance with construction contract. The Building
Inspector and any specialists from the Building Inspection Division,
as may be required, shall accompany the Rehabilitation Officer on the
final inspection and shall provide the Rehabilitation Officer with a
written report of their findings.
3• INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in
accordance w th the fo owing:
a. In actions. Upon completion of the repair work and receipt of the ~
contractors invoice containing his certification of satisfactor
completion of the work in accordance with the contract and hirys
warranty, the Rehabilitation Officer shall arrange for inspection of
the completed work.
b, Makin Pa nts. When the inspection determines that the work is
sat sfactor y completed in accordance with the contract, the
homeowner shall be advised to -obtain from the contractor a release of
liens, and a copy of each warranty due the owner for the work. After
receipt of a release of liens, including releases from all
subcontractors and suppliers and a copy of each warranty, the
homeowner shall make payment.
4• CERTIFICATION OF FINAL INSPECTION, After the Rehabilitation Officer
determines that the rehabrl tation work has been satisfactorily completed
and the final inspection report obtained, the staff shall prepare a Form
COR -7945 (original and one copy).
Distribution. Form COR -7945 shall bedstributed as follows: - --
(1) Signed original to the property owner.
(2) Signed copy retained in the property file.'
C. Coordination with Contractor. When some of the repair work is to be
performed through self-help, and the remainder is to be completed by
the contractor, the Rehabilitation Officer should assure that the
work is accomplished by each of them so as not to interfere with or _
timin the
ingdofethe workother
is not feasible, the Rehabilitationaration Officer should
urge the owner and the contractor to make their own arrangements on
the timing, so that each may do his/her work without causing any
interference in the work to be done by the other. In all instances,
the owner will be better protected if work to be performed through
til
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self-help is completed before the contractor starts his/her work.
Such completion will help avoid claims by the contractor for extras or
damages he/she may claim are caused by the self-help efforts, and will
assure that when all work is finished, the property will comply with
the City loan requirements.
9. OTHER PROVISIONS
a. The Contractor Shall: Indemnify and hold harmless the owner, the
owner s employees, and the City employees and officials from any and
all liability, loss, cost, damage, and expense (including reasonable
attorney's fees and court costs) resulting from, arising out of, or
incurred by reason of any claims, actions, or suits based upon or
alleging bodily injury, including death, or property damage rising
out of or resulting from the contractor's operations under this
contract, whether such operations be by himself/herself or by any
subcontractor or by anyone directly or indirectly employed by either
of them. The contractor shall obtain insurance for this purpose,
which shall insure the interests of the owner and the City as the same
— shall appear, and shall file with the owner and the City certificates
of such insurance.
b. Correction of Fault Work after Final Payment: The approval of the
equest for ayment by the ehabi tat on Officer and the making of
the payment by the owner to the contractor shall not relieve the
contractor of responsibility for faulty materials or workmanship.
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5. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work performed by the
contractor is covered by a one-year guarantee but property owners are not
-
always aware that, for a period of one year, they may require the
contractor to correct significant defects and inadequacies in the work
performed under this contract. For this reason, the Rehabilitation Officer
shall inform the owner of the guarantee requirements upon completion of the
contract.
The contractor must be given written notice with reasonable promptness.
--
Should the contractor fail to answer or correct the defect(s) within a
rea3onable time, the Rehabilitation Staff, at owner request, will assist
owner in the following manner:
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(1) Staff members of the Department of Housing and Inspection Services
will investigate the complaint.
(2) If the staff finds the complaint to be invalid, owner will be so
notified.
(3) If the staff finds the complaint to be valid, the homeowner will
direct the contractor to take necessary corrective action within a
-
specified length of time.
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(4) If the contractor complies, the staff will reinspect the work and, if
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it is satisfactory, the owner will be expected to sign a written
statement withdrawing the complaint.
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(5) If the contractor fails to respond to the request within the specified
length of time, the staff, upon owner request, will prepare a letter
for owner's signature, notifying the contractor a second time that
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unless the complaint is abated by a specified time, a formal complaint
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will be filed with the City Attorney or the appropriate Iowa City Li-
censing Board for appropriate action.
j (6) If the contractor fails to respond to the request for correction
within the time specified:
(a) The homeowner will take any necessary action to have the defects
—
corrected, including but not limited to paying the reasonable
costs of correcting work or materials determined by the
homeowner to be defective.
(b) The contractor may be prohibited by the City from contracting any
other repair work under any loan program administered by the
City.
-
I 6. REHABILITATION OFFICER - OWNER - CONTRACTOR RELATIONS
Rehabilitation Officer's Responsibility and Authority:
The Rehabilitation Officer shall observe the work on behalf of the City,
and will provide general assistance during construction insofar as proper
—
interpretation of the loan requirements is affected.
The Rehabilitation Officer and owner shall decide, when necessary, any and
all questions which may arise as to the quality and acceptability of
materials furnished, work performed, interpretation of Plans and
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Specifications and all questions as to the acceptable fulfillment of the
Contract on the part of the Contractor.
The Rehabilitation Officer will not be on the construction site at all
tinges and as such cannot be responsible for the acts or omissions of the
contractor or his employees. For the same reason, acceptance by the
homeowner or the City of the contractor's work performed, does not release
the contractor from -the responsibility to provide quality performance on
all contract specifications.
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Specifications and all questions as to the acceptable fulfillment of the
Contract on the part of the Contractor.
The Rehabilitation Officer will not be on the construction site at all
tinges and as such cannot be responsible for the acts or omissions of the
contractor or his employees. For the same reason, acceptance by the
homeowner or the City of the contractor's work performed, does not release
the contractor from -the responsibility to provide quality performance on
all contract specifications.
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CHAPTER 15. APPLICANT'S INCOME
1. GENERAL. This chapter sets forth the basis for establishing an applicant's
income for the purposes of a rehabilitation loan on a residential property,
and takes into account the variations applicable to different types of
applicants and properties, and special considerations related to the type
of project area in which the property is located.
2. TYPE OF APPLICANT. In order to determine the purposes and amount of a
rehabilitation loan, an applicant is identified as either an owner -
occupant of a one- or two -dwelling unit property or an investor -owner. For
purposes of determining an, applicant's income, an applicant must be
identified additionally, either as a person or other legal entity, as
defined below.
3.
a. Person. The term "person" means one or more natural persons who
either hold legal title to, or occupy under a land sales contract, a
property to be rehabilitated.
b. Other Leual Entity. The term "other legal entity" means any legal
entity other than a "person", such as a partnership or corporation
that holds legal title to a property to be rehabilitated. Any "other _
legal entity" within the meaning of this definition is also an
investor -owner.
TO[lowing is a listing of the elements comprising
rehabilitation loan. Exclusions from income
circumstances are stated in paragraph 5 below.
S INCOME. The
nc� ome for purposes of a
applicable in special
a. Portion of income Derived from Rental Units. If the property will
contain more than one dwelling unit after rehabilitation, that
portion of an applicant's income that is derived from the property
shall be reported on Form CDR -7630, block D, line 4, as a net figure
determined as follows:
(1) Net Income. The net income from the rental units in the owner -
occupied property to be rehabilitated is the gross rental
income, less expenditures allocable to the rental units. These
allocable expenditures including payments, on the basis of an
average of one or more years for mortgage or land contract
principal and interest, mortgage insurance premium, service
charges, hazard insurance, real estate taxes and special
assessments, maintenance and repairs, heating and utilities, and
other cash expenditures for the property such as advertising
vacancies. If the applicant has not owned the property for one
or more years, the Rehabilitation Officer shall estimate the
income and expenditures on the available experience.
(2) Allocation of Expenditures to Rental Units. The allocation of
expenditures to the rental units may be established by dividing
total monthly expenditures for the entire property by the number
of units in the property. The result is the shared expenditures
allocable to the owner -occupied dwelling units, which when
subtracted from the expenditures for the entire property,
produces the monthly expenditures allocable to the rental units
(i.e., often units are rented with heat and water but under
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separate electrical meters; in these cases, the heat and water
are shared expenses but the electrical cost to the tenants is not
Part of the building expense).
(3) Net Rental Income on Form CDR -7630. The monthly expenditures
allocable to the rental units, subtracted from the gross rental
income from the property, produces the net rental income to be
entered on CDR -7630, block D, line 4.
b• Portion of Income Derived from Roomers. If the property will contain
rooming units, that portion of an applicant's income that is derived
shall be
from roomers reported on Form CDR -7630, block D, line 4, as a
net figure determined as follows:
_y
(1) Net Income. The net income from the roomers in the owner -
occupied property to be
rehabilitated is the gross rental
income, less expenditures allocable to
the roomersThese
allocable expenditures including payments, on the
average
_
basis of an
of one or more years for mortgage or land contract
and inin
charges,
—
hazardal
m
insurance, real estatenctaxpremium,
j
s and special
assessments, maintenance and repairs, heating and utilities,
other cash
and
expenditures for the property for one or more years,
the Rehabilitation Officer shall
i_
—
estimate the income and
expenditures on the available experience.
—
(2) Allocation of Ex enditures to Roomers. The allocation of
expend tures of the
roomer may be established by determining the
percentage of floor space that is
used exclusively by the
roomer(s). The allocable expenditures shall be
reduced by the
percentage of floor space as calculated above.
C. Applicant Who Is a Persona Income of an applicant who is a "person"
includes the income
of the applicant and his family. The applicant's
includes the applicant and
ufamily
any other person or persons related
or of whoshare
nit. if
_
ownership of the property resteration
those perdwelling
applicant is s more
the
each owner and family. The applicant's income,
therefore, is the
sum of the family incomes of all applicants. An
applicant's income is established
on an annual basis, at the time of
applying for a rehabilitation loan,
I
and includes:
r
(1) The applicant's earnings.
�
(2) Spouse's earnings.
(3) Other family members living in the home, if their employment is a
definite characteristic
of family life.
Excluded is the income of an adult family member, other than the
applicant and spouse, who does
not have an ownership interest in
the property, but included are any funds
`
contributed or paid to
the family, on a regular basis by an excluded adult family
(such as room
and board, rent, etc.) member
i�
Excluded are incomes of those under 18 or full-time students or
mentally or physically disabled
children.
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(4) Other income regularly received by applicant or his family.
(5) Net income from real estate, other than the property to be
rehabilitated, and any other net business income.
(a) Gross rental income, and
(b) On the basis of an average or experience for two or more
years, expenditures for mortgage principal and interest,
mortgage insurance premium, service charges, hazard
insurance, real estate taxes and special assessments,
maintenance and repairs, heating and utilities, ground
rent, and other cash expenditures for the property, such as
advertising vacancies. If the applicant has not owned the
property for two or more years, the staff shall estimate the
income and expenditures on the available experience.
REPORTING OF APPLICANT'S INCOME. The applicant's income is reported on
the application form submitted by the applicant, as follows:
a. Rehabilitation Loan. The applicant's income shall be reported on
Form CDR -7630.
(1) Owner-Occu ied Proper . The applicant's income with respect to
a rehab 1 tat on loan on an owner -occupied property shall be
reported on Form CDR -7630, as follows: The gross rental income
from the property to be rehabilitated shall be included in block
D, line 5, "Gross Income from Real Estate"; and the expenditures
in block E, "Monthly Housing Expense", on lines 1 through 9, as
appropriate.
EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME
a. Loans. Deduct the following amounts from gross income:
(1) $40 per child per month (child must be living in the home, under
18 years of age, or full-time student dependent).
(2) Deduct 10% of gross income for taxes (persons not retired or
disabled), OR see (3).
(3) Deduct 25% of retirement benefits, disability benefits, or
Social Security benefits.
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CHAPTER 16. TRUTH IN LENDING REQUIREMENTS
FOR REHABILITATION LOANS
PURPOSE. This chapter describes the Truth in Lending Act and its
procedural and disclosure requirements which must be followed in the
settlement of City of Iowa City rehabilitation loans.
2. BACKGROUND.
a. The Act. The Truth in Lending Act is Title I of the Consumer Credit
Protection Act (Public Law 90-321; title 15, U.S. Code 1601 et. seq.),
enacted by Congress on May 29, 1968. The act requires that borrowers
in "consumer credit transactions" be vested with certain rights and
protections in connection with the transaction and receive specified
written information from their lenders. The disclosures must be made
before credit is extended and before the borrowers becomes obligated
in connection with the transaction; i.e., before execution of a note
or mortgage. Among the required disclosures are:
i
(1) The amount of credit a borrower will have for his actual use (the
AMOUNT FINANCED); and
(2) The FINANCE CHARGE (consisting primarily of interest but also
other 'fees charges) expressed both as a dollar amount and as
an ANNUAL PERCENTAGE RATE.
- b. Three -da Rescission Provision. In addition, the act enables a
borrower, w th n 3 days follow ng the loan transaction, to rescind the
transaction, if the loan is secured by a lien on the borrower's
residence.
_ 3. TRUTH IN LENDING DISCLOSURE STATEMENT! USF TN RFNanTITTATTnu
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Form CDR --76-4o, Truth in Lending Disclosure Statement shall be given to all
_
borrowers of rehabilitation loans.
a. Applicability. A completed Disclosure Statement shall be given to all
borrowers of rehabilitation loans.
b. Time of Furnishing Disclosure Statement to Borrower. The Disclosure
Statement shall be given the borrowers at loan settlement but prior to
-
the time he executes the mortgage and promissory note obligating his
repayment of the loan.
C. Receipted Copv of Disclosure Statement Retained by
,..,
Rehabilitation Officer.
When the Disclosure Statement is given to the borrower, he/she shall
be requested to sign and date an identically completed Disclosure
Statement in the presence of an employee or other authorized
representative of the City who shall also sign as witness. The signed
r,
and witnessed copy of the Disclosure Statement shall be retained by
the City in the loan application file.
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4. BORROWER'S RIGHT OF RESCISSION: SECURED LOANS. Under the law, certain
borrowers have the right, within a 3 -day period, to rescind the entire loan
transaction. The right of rescission applies to rehabilitation loans,
secured by mortgage or deed of trust, on residential property owned and
occupied by a borrower who is a natural person.
5. NOTICE OF OPPORTUNITY TO RESCIND TRANSACTION. Borrowers entitled, by the
preceding paragraph 5, to rescind the loan transaction shall receive a
properly completed Notice of Opportunity to Rescind Transaction.
a. Furnishing Notice to Borrower at Loan Settlement. The Rehabil-
itation Officer shall give the borrowers two copies of the notice at
loan settlement, and prior to his execution of mortgage and note. The
notice's nature and purpose shall be explained. An additional third
copy of the notice shall be signed by the borrowers so as to evidence
his receipt of two copies of the notice. The receipted copy shall be
retained by the City in its loan application file.
b. Format of Notice. The City shall, on its own letterhead, reproduce
the not— ice both front and back. The text shall consist of the same
language, with blanks completed, so as to show the application number,
loan settlement date, deadline for rescission (three business days
following loan settlement date). The paragraph entitled, "Effect of
Rescission" shall appear on the reverse of the notice. The size of
the text on both sides of the notice shall be not less than 12 -point
bold-faced type.
C. Three-Dav Rescission Period. To compute the running of the 3 -day
rescission period for entry on the notice, treat the date of loan
settlement on which the borrowers receives the notice as Day Zero and
the next business day thereafter as Day 1, etc. Three businessdays
must elapse following loan settlement date to complete the rescission
period. A business day is any calendar day except Sunday and the
following holidays on the dates established by Federal law: New
Year's Day, Washington's Birthday, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas.
(1) No Disbursements The Rehabilitation Officer shall make no
disbursement from the rehabilitation escrow account, with
respect to the borrower, during the 3 -day rescission period. In
this regard, the mortgage payoff check in connection with any
refinancing shall be dated as the day next following.the last day
of the rescission period, with the amount of the check reflecting
accrued interest and other charges accordingly. The check shall
neither be released by the Rehabilitation Officer nor endorsed
by the borrower before such date.
(2) Prompt Recordation. In every case, the Rehabilitation Officer
shall record promptly after loan settlement the mortgage, deed
of trust, and all instruments necessary to perfect the loan
security without waiting for expiration of the 3 -day rescission
period.
6. CANCELLATION OF LOAN TRANSACTION BY BORROWER. The loan transaction shall
be considered canceled if the borrower's notice to that effect is given
within the required 3 day period. Notification by mail shall be considered
given at the time mailed as indicated by the postmark; notification by
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telegram shall be considered given at the time filed for transmission; and
notification by any other writing shall be considered given at the time
delivered to the Civic Center.
7. ACCOMPLISHMENT OF RESCISSION. It is expected in most cases that the
borrowers rescission w 11 be accomplished by his mailing or delivery of
the notice, bearing his signature and date under the cancellation recital.
However, rescission may be accomplished by any written communication
signed by the borrowers or a telegram sent by the borrower. Oral
communications cannot accomplish rescission, but they should be followed
up by the Rehabilitation Officer to obtain written rescission.
8. PUBLIC BODY'S ACTION ON RECEIPT OF WRITTEN REQUEST FOR RESCISSION. Upon
the Rehabilitation Officer s receipt of any timely, written communication
signed by the borrower, or of a telegram sent by the borrower, the
Rehabilitation Officer shall follow procedures for cancellation. In lieu
of the borrower's signature in block F of Form CDR -7630C, Cancellation of
Rehabilitation Loan for Residential Property, the Rehabilitation Officer
shall type in block F the following:
"Borrower's signature on appropriate Notice of Rescission, as
" required under Truth in Lending Act"
a. Release of Liens U an Rescission. Appropriate release of liens shall
I-II be obtained by the Rehabil lotion Officer submitting to the City
Attorney's office a completed Form CDR -7630C.
'i
b. Sco a of Rescission Procedure. The foregoing rescission procedures
apply only to resp ss ons requested by the borrower, within the 3 -day
- rescission period, as described in this chapter, and not to other
cancellations.
9. SUBMISSION OF COMPLIANCE STATEMENT AT POST SETTLEMENT. The Rehabi-
litation Officer shall submit a completed Form CDR -7641, Certification as
to Compliance with Truth in Lending Act with the other documents required
to be transmitted to the applicant at post settlment.
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CHAPTER 17. GRIEVANCE PROCEDURE
Review Committee
a. Purpose. A Review Committee is hereby established to review the
complaint of any person .aggrieved by the Department of Housing &
Inspection Services handling of the application and processing of
said person for assistance under rehabilitation programs funded by
Community Development Block Grant funding. Procedures as set out
hereinafter are hereby established for the submission to and
disposition of grievances by Committee. The Committee shall function
in an advisory role and it shall make recommendations to the City _
Manager. The City Manager shall receive and review the recommendation
of said Committee and respond within ten days of receipt.
b. Desi nation of Committee. The Housing Commission shall act as the
Rev ew Committee. The Chair of the Housing Commission shall preside
at all meetings conducted by the Housing Commission while convened as
the Review Committee. In the absence of the Chair, the Vice Chair
shall preside.' The meetings shall be conducted in a timely, orderly,
fair and dignified manner. All persons appearing before the Committee
shall have an opportunity to be heard. A quorum of the Housing
Commission must be present in order for the Housing Commission to be
convened as the Review Committee.
C. Power and Duties. The Committee shall have the following powers and
dut es:
To review complaints of any persons aggrieved.by determinations of the
Department of Housing & Inspection Services concerning:
-The sufficiency of his application for assistance;
-The eligibility of his application for assistance under the project;
-The amount of the loan allocated or received by said person;
-The quality and appropriateness of the work designated to be done;
-The adequacy of the information and assistance concerning the
project which is furnished by the Department of Housing & Inspection
Services.
d. Standards. In exercising its powers and duties, the Committee shall
be guided by the following standards:
1. Persons eligible for loans under provisions specified in
rehabilitation programs operated by the Department of Housing &
Inspection Services and funded by Community Development Block
Grant funding shall have full right to a loan sufficient to
accomplish the purposes intended by the applicable program
within the limitations specified therein.
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2. Eligible persons should be provided adequate assistance in the
determination of improvements that are needed and eligible and
technical assistance related to cost estimates, contract
negotiation and payment of contractors for work completed.
3. Service should be provided by the Department of Housing and
Inspection Services in such a way to assure that the
administration of the program will not result in different or
separate treatment on account of race, color, religion, national
origin, sex, or source of income.
4. Eligible persons should be provided full information and
advisory services relating to the programs and the way in which
they may benefit from them.
5. Assistance to eligible persons should be provided as promptly as
possible within the priority guidelines established by the
programs and the time limitations of the staff assigned to the
program.
e. Staff. The Recording Secretary of the Housing Commission shall
provide secretarial services for the Housing Commission while
constituted as the Review Committee and shall assist in the
preparation of the agenda items for meetings.
2. PROCEDURE
a. Filing. The Committee's jurisdiction may be invoked by or on behalf
of any aggrieved person by filing a grievance with the Review
Committee. A grievance may be filed at the Office of the City Clerk
for the City of Iowa City. Grievances shall be filed in a timely
manner and must be received ky theme of Iowa Ci�t�th�n one•year
of final payment by the City of loan subsid funds in connection with
the rehabilitation work. The communication of the action shall be in
written form and should contain a short, concise statement of the
grievance and explanation of action desired. The aggrieved person may
seek the assistance of the staff of the Department of Housing &
Inspection Services in riling of an action. No filing or processing
fees shall be required of any aggrieved person involving the
— Committee's jurisdiction.
I b. Notice. The Committee shall fix a reasonable time for hearing actions
and the Department of Housing & Inspection Services shall give notice
{ in writing of the time and place of the meeting to the aggrieved
person. In no event shall the hearing be held more than 30 calendar
days following receipt of the grievance at the Office of the City
Clerk. Recording Secretary of the Housing Commission shall be
responsible for coordinating and scheduling the hearing with the
Chairperson of the Housing Commission. At the hearing, the aggrieved
may appear in person, by agent or by attorney. If a grievance is
resolved prior to the date of the hearing, the aggrieved party shall
I! request in writing that the grievance be withdrawn. The Committee
1,. shall forward its recommendation in writing to the City Manager within
ten (10) calendar days following the Grievance Hearing.
6.
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RESOLUTION NO. 82-92
RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA TO AMEND THE
PROGRAM MANUAL FOR THE HOUSING REHABILITATION FORGIVABLE LOAN PROGRAM
BY THE ADDITION OF CHAPTER 13, GRIEVANCE PROCEDURES.
WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of
Iowa (1981), to formulate a program for utilizing appropriate private and public
resources to eliminate slums and prevent the development or spread of urban
blight and to encourage urban rehabilitation, and
WHEREAS, the City Council has budgeted Community Development Block Grant funds
to engage in a Housing Rehabilitation Program within the designated Neighborhood
Strategy Areas, and
WHEREAS, part of said program involves forgivable loans as a method of financing
rehabilitation, and
WHEREAS, by Resolution 79-577 the City of Iowa City, Iowa approved and
authorized the implementation of the Housing Rehabilitation Forgivable Loan
Program, and
WHEREAS, HUD requested that written procedures for solving disputes be included
within the program manual, and
WHEREAS, for the purpose of amending the Forgivable Loan Program Manual, the
Department of Housing and Inspection Services has drafted a new chapter entitled
"Chapter 13 Grievance• Procedures", a copy of said chapter is attached and by
this reference made a part of this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the program manual for the Housing Rehabilitation Forgivable Loan
Program be amended by the addition of Chapter 13, Grievance Procedures.
It was moved byLynch 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 13th day of April , 1982.
ATTEST: r
ITY CLERK
O... I ..__• .
l ocolvM A Approvzd
By Tho L gal Department
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J,I
CHAPTER 13. GRIEVANCE PROCEDURE
REVIEW COMMITTEE
a. Purpose. A Review Committee is hereby established to review the
complaint of any person aggrieved by the Department of Housing &
Inspection Services handling of the application for and processing of
assistance under rehabilitation programs funded by Community
Development Block Grant funding. Procedures as set out hereinafter
are hereby established for the submission to and disposition of
grievances by Committee. The Committee shall function in an advisory
role and it shall make recommendations to the City Manager. The City
Manager shall receive and review the recommendation of said Committee
and respond within ten days of receipt.
b. Designation of Committee. The Housing Commission shall act as the
Review Committee. The Chairperson of the Housing Commission shall
preside at all meetings conducted by the Housing Commission while
convened as the Review Committee. In the absence of the Chairperson,
the Vice Chairperson shall preside. The meetings shall be conducted
in a timely, orderly, fair and dignified manner. All persons
appearing before the Committee shall have an opportunity to be heard.
A quorum of the Housing Commission must be present in order for the
Housing Commission to be convened as the Review Committee.
C. Power and Duties. The Committee shall have the following powers and
duties:
To review complaints of any persons aggrieved by determinations of the
Department of Housing & Inspection Services concerning:
-The sufficiency of his application for assistance;
-The eligibility of his application for assistance under the project;
-The amount of the loan subsidy allocated or received by said person;
-The quality and appropriateness of the work designated to be done;
-The adequacy of the information and assistance concerning the
project which is furnished by the Department of Housing & Inspection
Services.
d. Standards. In exercising its powers and duties, the Committee shall
be guided by the following standards:
Persons eligible for loan subsidies under provisions specified
in rehabilitation programs operated by the Department of Housing
& Inspection Services and funded by Community Development Block
Grant funding shall have full right to a subsidized loan
sufficient to accomplish the purposes intended by the applicable
program within the limitations specified therein.
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2. Eligible persons shoudl be provided adequate assistance in
determination of improvements that are needed and eligible and
technical assistance related to cost estimates, contract
negotiation and payment of contractors for work completed.
3. Service should be provided by the Department of Housing and
Inspection Services in such a way to assure that the
administration of the program will not result in different or
separate treatment on account of race, color, religion, national
origin, sex, or source of income.
4. Eligible persons should be provided full information and
advisory services relating to the programs and the way in which
they may benefit from them.
5. Assistance to eligible persons should be provided as promptly as
possible within the priority guidelines established by the
programs and the time limitations of the staff assigned to the
program.
e. Staff. The Recording Secretary of the Housing Commission shall
provide secretarial services for the Housing Commission while
constituted as the Review Committee and shall assist in the
preparation of the agenda items for meetings.
PROCEDURE
a. Filing. The Committee's jurisdiction may be invoked by or on behalf
of any aggrieved person by filing a grievance with the Review
Commitee. A grievance must be filed at the Office of the City Clerk
for the City of Iowa City. Grievances shall be filed in a timely
manner and must be received �y the City of Iowa City within one year
of final payment �y the City of loan subsidy funds in connection with
rehabilitation work. The communication of the action shall be in
written form and should contain a short, concise statement of the
grievance and explanation of action desired. The aggrieved person may
seek the assistance of the staff of the Department of Housing &
Inspection Services in filing of an action. No filing or processing
fees shall be required of any aggrieved person involving the
Committee's jurisdiction.
b. Notice. The Committee shall fix a reasonable time for hearing actions
and the Department of Housing & Inspection Services shall give notice
in writing of the time and place of the meeting to the aggrieved
person. In no event shall the hearing be held more than 30 calendar
days following receipt of the grievance at the Office of the City
Clerk. Recording Secretary of the Housing Commission shall be
responsible for coordinating and scheduling the hearing with the
Chairperson of the Housing Commission. At the hearing, the aggrieved
may appear in person, by agent or by attorney. If a grievance is
resolved prior to the date of the hearing, the aggrieved party shall
request in writing that the grievance be withdrawn. The Committee
shall forward its recommendation in writing to the City Manager within
ten (10) calendar days following the Grievance Hearing.
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