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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 -il A J_� r-- ! MICROFILMED BY 1- -��JORM MIC R4L Afl- 1 I CEDAR RAPIDS • DES MOINES j 1 SON -il A J_� r 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 1 H 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 .,.., :.'. lr I 141CROFILIIED BY i } ` JORM rAICR46LAB - J 1 CEDAR RAPIDS • DES M0114ES _y —,%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 � I MICROFILMED BY L " _ I DORM MICR J I CEDAR RAPIDS - DES MORES I ,J I _,0 1 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/ ^ / L ! ~ . 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-------' ' i n«/»^ �J CITY CLERK � '| 1—JORM ——R+ * --' ' - —� --�' � j ! jr 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' � I J � � l I l 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 i -j I I ,I I � i _.,. S93 t MICROMMED BY -I ..�,� I. l._... ...-JORM.... MICR�l.AO- �. l J . 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 Ar_ I I S \ f�f f i I j Ar_ �r rti 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 -� 1 I ""DORM MIC R¢LA13 CEDAR RAPIDS DES MOINES j /_ 596 F 1 i' �r` � 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 MICR+c�o� ESCEDAR RAPIDS DES S the Resolution � u��� ' °«��U� � all | / I j Received f. 1perov:3 B Tho Legal pcpartrncnt 597 1 MICROFILMED BY ' 1. "JORM MICR#LAB 1 I CEDAR RAPIDS • DES 1401ME5 I 1 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 I CEDAR RAPIDS • DES 1401ME5 I L`I 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 e97 I I 1 I I •' J i a 1 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 1�I 1 ' MICROrILMED BY " -DORM MICRbLAB` --� -i •�j ! CEDAR RAPIDS • DES MOINES L J ' r - 1I: 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 -DORM.._ MICR+LAB... .... ..__� CEDAR RAPIDS DES MOINES � 1 i I �r 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: s l 1 + 141CROFILMED BY JORM MICR#LAB 7 �. CEDAR RAPIDS DES MOINES Received & Approved By The Legal Department ,/,d -iK /a- ra 599 1 _M 0 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 "'JORM:'MIC R+CA B"- CEDAR RAPIDS - DES MOINES I I 1 Ii -I t I I i I t \ _ _Lid 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 /( L 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 _ 6oD 1' i f MICROFILMED BY t ---JOR M.MIC R+LAB� CEDAR RAPIDS DES MOINES I i MTI 1'r , 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 i f 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 i ! MICROFILMED BY j j l - JORM MICRALAB - J LCEDAR RAPIDS • DES MOINES J it] 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 GSI Cr L Ire 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 f CEDAR RAPIDS • DES MOIYES ' 14;--- 60 Q. \ _y ■ A 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 ¢ z 9z i' 1 MICROFILMED BY 1 , JORM MICR#LAB` - CEDAR RAPIDS • DES MOVES f41 r a`y /Imvo� 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. eo /F I 141CROFILIIED BY DORM MIC R¢LAB � L~ l I CEDAR RAPIDS • DES I4014ES i _y I i I 1 1 , 1 1 i MICROFILMED BY I. "DORM - MICR+LAB" -1 J CEDAR RAPIDS • DES MOINES _ I i t 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 ! ATTEST: (21L. J&Lj CITY CLER Received c& Approved I 6Y The ,Legal Deportment j I I i i 1. I p I 1 i MICROFILMED BY I. "DORM - MICR+LAB" -1 J CEDAR RAPIDS • DES MOINES _ I i L 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 bah 1 - i 111CROFILMED BY ') "'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 I I IAICRO1ILMED BY 1 JORM MICR+LA6- CEDAR RAPIDS • DES MOINES 6a6 _y 1 �1 _y r 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! — i 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. i E. F G.- ToNtmlber.of Vehicles Operatal or Controlled by Applicant: t ABBIE ST0111.1"'':'" CITY CLERK �2,, (j MICROFILMED BY .._i "JORM- MICR46LA6" CEDAR RAPIDS • DES MOINES i '� -2- i� I 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 1 t" -JORM- MICR#LA13 ) CEDAR RAPIDS • DES M014ES I to r _y i 1 i A. B. 14-r_ G C. D. I.,. F. G. H. I. J. INCORPORATED REGISTERED NAM OF CORPORATION PIACE DATE ,9,4wX = Yom. C14z' Co . REGISPERED AGENT OF OORPORATION: _ �j�L� A -I o (� 1 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 LI L '7 .(J L- 4-.r1 -J /1 7z!! i- .n df 17. License period applied for 1 141CROFIL14ED BY -�........` 1 __� j DORM"MIC R41LA9 ' 1 CEDAR RAPIDS • DES 1401 IES L bay jz» I 1 �r 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. MICROFILMED BY ! _J ) -JORMMICR+C:A9- " j CEDAR RAPIDS • DES MOINES P7- I� Ll 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 1(� MICROFILMED By _. i -CORM MIC RbLAB � CEDAR RAPIDS DES MD18E5 63f� _M I 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 t b3f MICROFILI4ED BY -_..� lD_ JJJ ,A ORM--- 'dCA B_ ' j CEDAR RAPIDS •DES'MOINES � I Z' I 1 -�o 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. IIICROFIL14ED BY I I-�- -JORM MICR46LAB .._J. CEDAR RAPIDS DES MOINES I 634 _.9 I� l 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 MICROFILMED BY I --DORM- MICR¢LAB- I j CEDAR RAPIDS • DES MOINES I p_ I (a35 _y J_� 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; i MICROFILMED BY j 1 " JORM IMICR+LI B CEDAR RAPIDS DES MDI NES ' 635 �r L N 2 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 i ' Id ICROEILI4ED BY � -JORM MIC R�sLA B" -). j CEDAR RAPIDS • DES M014ES I 635 _M J,� 3 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, 1 MICROEILMIED BY "JORM MICR6LAB- -- CEDAR RAPIDS DES MOINES I 6.3,5 f� I 4 p; 6.35 _40 J_I 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 j 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 i at mutually convenient times. IIICROFILMED BY i --JORM MIC R4sLAS -� CEDAR RAPIDS DES MOINES i p; 6.35 _40 J_I �r S Li 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. 3S 1 141CROFILMED BY 1' "JORM-MICR+LAB �I CEDAR RAPIDS - DES MOINES i I 1 J_, -10 ..L A 0 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 L FOR THE CONSULTANT: ATTEST. l� t 141CROFILMED BY �- .__JORM:._ MICR#LAB_ .J._ CEDAR RAPIDS • DES M01 NES - I I t ^ . SHIVE-HATTERY & ASSOCIATES ENGINEERS EXHIBIT B I ' 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 i 63-5 1 F ICROF11.14FD RVM-"MICR LAB _RAPIDS • DES MDI!!ES ' 1 1 3- a 1 _�N I { 1 / I I �1 1 1 / 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 I MICROFILMED BY t._ "JORM- "MICR#LAB CEDAR RAPIDS DES MOINES I 13.50/foot 17.00/foot 26.00/foot 75.00/each 40.00/each 10.00/inch � 3S 1 J� 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 1 ' i MICROFILMED BY -�I`- JORM MICR+LAB` _..� CEDAR RAPIDS • DES MOIYES $ 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 635 _M l "i 1-I 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 I MATERIALS - FIELD i 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 MICROFILMED BY 1 JORM - MICR46LAB I CEDAR RAPIDS DES MOINES I 635 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) i 25.00/day j MATERIALS - LABORATORY- I Concrete - I 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 j RICRD'"" BY -� -DORM. MICR+LAB.- �L t) CEDAR RAPIDS • DES MOIRES IJ ' 635 1 \ ter[_ �1 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. df SHIYE•HATTERY t. ASSOCIATES 63S ...ROFIEMED RY _ JORM MIC Rf�LA[j- ._1 J �~ iI CEDAR RAPIDS DES MOIYES1-4 1416ROF1LMED BY I �•.,_ �_..-JORM.-_MICR#LAB-. L�•.. { ` CEDAR RAPIDS DES MOI4E5 _.... 1, .... ..... .... ..... i F-- I 1 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 1416ROF1LMED BY I �•.,_ �_..-JORM.-_MICR#LAB-. L�•.. { ` CEDAR RAPIDS DES MOI4E5 _.... 1, .... ..... .... ..... i F-- I 1 I 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. -1- ' SSLIN, HARRIS, HELMICK S HEARTNEY, LAWYERS, CES MOINES, IOWA MICROFILMED BY I JORM MICR46LAB j CEDAR RAPIDS • DES MDINES i -y Upon motion and vote, the meeting adjourned. n,., C. 1De _ A - Mayor Attest: OA Clerk (Seal) MOM I BELIN, HARRIS, HELMICK & HEARTNEY, LAWYERS, DES MOINES. IOWA i 141CROFILMED BY I I -DORM MICR46CAB" r r) I CEDAR RAPIDS DES MOINES f I i i i I i jz;7- . F1 63G �r 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 -3- EIELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES, IOWA 1 MICROFILMED BY j DORM MIC R(SLAB CEDAR RAPIDS • DES MOINES 6 36 _y r I. - 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 -4- ISELIN. HARRIS, HELMICK 8 HEARTNEY, LAWYERS, OES MOINES, IOWA G36 1' 141CROFILMED BY -"CORM MIC R�L AO I CEDAR RANDSDES t401YE5 1 I j -y r 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) -5- EIELIN, HARRIS, HELMICK 8 HEARTNEY, LAWYERS, DES MOINES. IOWA ED 1 JORMROMICR4LAB 1 CEDAR Rgl'IDS • DES MOINES ' I I I 6349 1 J_. _-;0 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 1 1 141CROFIL14EO BY " I—JORM "MIC R46LAB' CEDAR RAPIDS DES MOINES I a � 1 i i J,� S 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 Z 141CROFILMED BY _I 1" -JORM-MICR46LA13 J 1! CEDAR RAPIDS DES MOINES ' 637 IF oo/o/o 0/1 100 po/0/0, 00/1" 637 MICROFILMED BY JORM MICR41 )LAG MOINES CEDAR RAPIDS - DB MO]. I Ii I I I� 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 i _ Chapter 6. Processing 1 Chapter 7. Loan Settlement i l— 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 ti Chapter 14. Inspection of Repair Work �{{{ I j Chapter 15. Applicants Income j `I `— Truth in Lending Requirements for Rehabilitation Loans Chapter 16. ` I j Chapter 17. Grievance Procedure j � f 4 1 M II ` I Receivcd 8• Approved By. Tho le0cl Dspsdnert i61 1hB=- � I ` MICROFILMED BY I 'DORM "'MIC Rt�LA B'- CEDAR RAPIDS DES MOINES II( I 1 r i m 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. i p MICROFIEMED BY j JORM MICR6LAB - I � CEDAR RAPIDS • DES MOINES ' � I N 637 I _y I E 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. r e37� MICROFILMED BY I JORM MICR#LAB J CEDAR RAPIDS • DES MOINES _,0 3 w i I, 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. M I ' I— I 1 11I CADFILMED BY I "JORM MICR46LAB CEDAR RAPIDS • DES MOINES 637 _y J,� r 4 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. 141CROEILRED BY 1 JORM MICR#LAEI j CEDAR RAPIDS • DES t4011105 i 637 J _y r 1-, s (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. 1 MICROFIL14ED BY I DORM MIC R6L AB� CEDAR RAP 1D5 • DES MOINES 637 1 _M 3 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. i MICROFILMED BY _J 'DORM MIC R+LEiB 1_ I CEDAR RAPIDS • DES MOINES r 7 n 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 r MICROFILMED BY i JORM MICR#LA13 J CEDAR RAPIDS DES MOINES ' i P_ n 637 i J_,V 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. i ! MICROFILMED BY -� -DORM MICR#LAB CEDAR RAPIDS DES MOINES_ 1637 `" r i ! i _ ``l� 4� I � ! L i i 1637 `" 9 TABLE OF MAXIMUM ASSET LEVELS YIstN 7.111 Mu at"@ Ives 1 7 5 f,MV t. 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 I0,M1 ",09.99 Is,50 t. lo,m Mow a I0O0 148».» 18,30 a 14000 10.919.» M.OM a 10,00 M.SO t. IO.oM .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 1.1 I ! MICROFIL14ED BY � JORM MIC R(a•LAB � CEDAR RAPIDS • DES MINES ' 637 9 r-) 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 MICROFILMED BY - JORM -MICR( LAO-. CEDAR RAPIDS • DES MOINES _ I I r 10 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. lr MICROFILMED BY JORM MICR#LAB � j CEDAR RAPIDS • DES MOINES i I 637 -M r i1 1 11 /"� 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. i e. Delinquency and Late Payment Penalty. i 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. 631 141CROFILMED BY JORM MIC R#LABj I CEDAR RAPIDS • DES M014ES I ,I n ri J _y r w I /ti 12 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 I ._i 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 _ i 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. �- MICROFILMED BY JORM MICRbLAB- CEDAR RAPIDS • DES MOINES - I ! ! 1 637 1 _y �r 13 (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. I- (c) "Before" pictures. i j - (d) Copy of Code violation letter and cost estimate. j i (17) - 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. i (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. 637 1 d MicaonuaeD By ._ +�� JORM MICR46LAB I I CEDAR RAPIDS • DES M014ES j r 14 (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: i 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 1 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. 1 y 637 141CAOFI LVED BY i 1. JORM MICR#LAB I 1 1 CEDAR RAPIDS • DES 140INES '_, r '-^� 15 (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. �W (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 637 1 MICROFIL14ED BY JOR -�\ CEDAR RAPIDS ,GOES I40AB Lr 1 1 'r N J_� r ^� 16 (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. I 141CROFILMED BY JORM MICR46LAB J CEDAR RAPIDS •DEB MOIYES I I to Y J, _10 r 17 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 micRorlUIED BY t 1 JORM MICR40LAB I CEDAR RAPIDS • DES MOMES ' I 637 w h1 41 i� M _y I r 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. !I M 0 MICROFILMED BY I JORM MICRf LAB- j CEDAR RAPIDS - DES M014ES I 637 J _y 19 **Ii 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. MICRUILMED BY -JORM MICR+LAB --J ^ , CEDAR RAPIDS DES MDIAES I r _V 20 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) l i MICROFILIAED BY i 1-JORMMICR#LAB- CEDAR B - CEDAR RAPIDS • DES MOINES I 631 J- � 21 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). MICROFILMED BY DORMMICR6 LBA CEDAR RAPIDS DESI4016E5 _J ( I � I , r _;r J_� r r 22 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, IIICROFIL14ED BY DORM MICR6LAB 1 CEDAR RAPIDS DES MOIYES �I i j I 637 1 J _y r 23 r"2 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. i 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. / MICROFILMED BY j CORM MICRbLAEI - � CEDAR RAPIDS DES MOINES t I bay r 24 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. 637 IIICROFIL1410 01' CORM MIC REO AB CEDAR RAPIDS •DES MOVIES DIES 1 _V r I ^ 25 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. 637 J MICROFILMED BY DORM-'MIC R(�LAB- J ( CEDAR RAPIDS DES MDISES I � _y r ;i- 26 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. 1' MICROFILMED BY !- -JORMMIC R+LAEI CEDAR RAPIDS • DES MOINES I I 637 _;y r 27 — 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: r 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. l MICROFILMED BY I I. DORM MICR#LAE3 , j CEDAR RAPIDS • DES MOINES i I i , 1037 _:W r 28 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. ti 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 MICROFIL14ED BY I JORM MICR6LAB CEDAR RAPIDS • DES MOMES i (63? 1 J _y r 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: I (a) Adequate active liability insurance I (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. MICROFILMED BY JORM MICR#LA9 -� i CEDAR RAPIDS • DES MOINES I i J _M r L- i� 30 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. IIICROFIL14ED BY I JORM MSC RbLAB CEDAR RAPIDS • DES MOINES i 637 1 J _V 'r 31 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 G37 IIICROFIL14ED BY CORM MIC REILAB Lj CEDAR RAPIDS •DES !dDINES I �r !"' y 32 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. _VI J 7 I i r—' 1 MICROFILMED BY j L -DORM MICR#LAB J CEDAR RAPIDS • DES MOINES II i 637 _y -10 33 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: .w (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. i (4) If the contractor complies, the staff will reinspect the work and, if i it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. ti j (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 N unless the complaint is abated by a specified time, a formal complaint w 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 (637 MICROFILMED BY -JORM MICR46LAB I CEDAR RAPIDS • DES M014ES I I 34 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. I MICROFILMED BY I i-�- -JORM MICR+LAEB 111 fj CEDAR RAPIDS • DES MOINES i 637 i M i f � I 34 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. I MICROFILMED BY I i-�- -JORM MICR+LAEB 111 fj CEDAR RAPIDS • DES MOINES i 637 r 35 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 ! MICROFIL14ED BY -JORM MICR46LAS CEDAR RAPIDS • DES 14018ES I � 417 1 J _y ^ 36 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. 437 i� MICRDEILMED DY L^ 1 --JORM MICR6LAB 1 CEDAR RAPIDS - DES MD19ES i I _y r 4. 5. 37 (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. ' MICROFILMED BY I 'JORM MICFV#LAS 1 CEDAR RAPIDS • DES MOINES � I i L LL ti 7 I I .1 r 38 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 Id ICROElLIIED BY JORM MIC RbLAB CEDAR RAPIDS • DES MOINES I 637 1 J _y 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. Is is I. Id ICROElLIIED BY JORM MIC RbLAB CEDAR RAPIDS • DES MOINES I 637 1 J _y r L 39 1 w',, 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 I4ICROEILMED BY JORM MICRISLdB CEDAR RAPIDS • DES MOINES (037 r 1__� 40 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. 7 I � � �I N1� 637 MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS •DES MOINES I i i J _y r I L- r' I 41 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. 637 I 141CROFIL14ED BY JORM MICRALAB CEDAR RAPIDS • DES t401YC5 i 1 _y r 42 ^ 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. - (37 MICRorILMED BY j JORM MIC q�IL A BJ CEDAR RAPIDS • DES MOINES i I i _y r t 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 J i I 141CROFILMED BY 1 "-JORM MICR#LA9 1 i j CEDAR RAPIDS • DES MONES 1 i 6 38 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. f� 141CRUIU4ED BY 1 l —JORM MICR6LA13 , II CEDAR RAPIDS - DES MOINES I FA ME., r 2 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. 1 _ I MICROFILMED BY 1 .1 "JORM MICR46LAB I CEDAR RAPIDS • DES MOINES _;V