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HomeMy WebLinkAbout1982-08-03 ResolutionE RESOLUTION NO. 82-197 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: Moore Business Forms, Inc., South Riverside Drive Copper Dollar, 211 Iowa Avenue It was moved by Lynch and seconded by McDonald that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch X Erdahl X Neuhauser X Perret X Dickson X McDonald x Passed and approved this 3rd day of August , 19 82 I/VI Mayor Attest:10y` A ' City Clerk �a93 MICROFILMED BY ' mac.•,. i � �JORM MIC ROI.AB- CEDAR RAPIDS D[5 MOINES I r � LL-- RESOLUTION NO. 82-198 RESOLUTION SETTING PUBLIC HEARING FOR THE FIFTH YEAR HOLO - HARMLESS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, GRANTEE PERFORMANCE REPORT (GPR), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF PLANNING AND PROGRAM DEVELOPMENT TO PLACE INFORMATION REGARDING SAID PERFORMANCE REPORT ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above -proposed GPR is to be held on the 17th day of August, 1982, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing in a newspaper published at least once weekly and having general circulation in the city, not less than 10 days before said hearing. 3. That information regarding said GPR is hereby ordered placed on file by the Director of Planning and Program Development in the office of the City Clerk for public inspection. It was moved by Ivnch and seconded by Mrnnnald 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 3rd day of August 1982" MAYOR ATTEST: <,le CITY CLERK Received S Approved By The legal Department 1297 i c - 141CROf ILIdED BY -�•_"t i DORM MIC R#L AB- \� -I CEDAR RAPIDS DES M01RES I r RESOLUTION NO. 82-199 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF THE IOWA CITY PUBLIC HOUSING PROJECT 22-4, IOWA CITY, IOWA. WHEREAS, The owner, Iowa City Housing Authority, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final Large Scale Residential Development (LSRD) plan of the Iowa City Public Housing Project 22-4, pertaining to the real estate described as follows: Commencing at the northwest corner of Section 18, Township 79 North, Range 5 West of the 5th Principle Meridian; thence S 00043139" E, 35.00 feet along the west line of the northwest quarter of said Section 18; thence N 88°30131" E, 5.00 feet to the point of intersec- tion of the southerly right-of-way line of Court Street and the easterly right-of-way line of Peterson Street; thence S 00°43'39" E, 428.41 feet along the easterly right-of-way line of Peterson Street to the point of beginning; thence S 89°28'11" E, 445.11 feet to a point on the westerly right-of-way line of Scott Boulevard; thence S 00043'39" E, 280.07 feet along the westerly right-of-way line of Scott Boulevard; thence N 89028111" W, 445.11 feet to a point on the easterly right-of-way line of Peterson Street; thence N 00°43'39" W, 280.07 feet along the easterly line of Peterson Street to the point of beginning. Said tract of land containing 2.861 acres more or less and subject to easements and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final LSRD and have recommended approval of same; and WHEREAS, the preliminary and final LSRD have been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary and final LSRD is found to conform with all the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final LSRD plan is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa, after passage and approval as authorized by law. It was moved by Erdahl and seconded by McDonald the Resolution be adopted, and upon roll call there were: i, 141CROFILMED BY JORM MICFZ6LA6 CEDAR RANDS • 0BMO MES. /314 J r r Resolution No. 82-199 Page 2 I AYES: NAYS: ABSENT: x Balmer x Dickson ` x Erdahl } —� Lynch McDonald Neuhauser Perret Passed and approved this 3rd day of August 1982. MAYOR ATTEST: O i C TY CLERP� �wMd 'i Approved BY Legatl Dope-h-wnt —a>s -k a j I I I �1r 1 I• 1 I,ICROEILMED BY r: l --"JORM MICR(JLAB-- CEDAR RAPIDS • DES MOINES I \ I r M.. , �9 I C� � AFFIDAVIT STATE OF IOWA ) JOHNSON COUNTY) as FILED ty'G 2064 L BOOK 1p r ,E 1962 S —8 AN 8: 31, .�' t. G�crUECORDERA SON CO., I, Robert D, Mickelson, on this 7th. day of September, 1982, upon my oath depose and state: (1). I am a Land Surveyor (Registration No. 7036) duly licensed by the State of Iowa. (2). I prepared a Final Large Scale Residential Development Plan and Planned Area Development Plan for Iowa City Housing Project 22-4, Iowa City, Iowa, and signed such instrument on the 3rd, day of August, 1982. This Plat was recorded on the 5th, day of August, 1982, in Deed Book 624, Page 413, Deed Records of Johnson County, Iowa. (3). The above described plan and description contains a scriber's and typographical error in that the South line of Court Street has a bearing which reads N880301311TE, the accurate and proper bearing is in fact N88°30113"E. (4). This Affidavit is made for the purpose of explaining two errors of which one is on the plan and the other in the legal description. "`'"Hobert D. Nickelson Reg. No. 7036 �G aTF�P..IiP� ;�•Q 6a•o; STATE OF IOWA) = 7436 5 as JOHNSON COUNTY) 0 RN t111110 - Subscribed and sworn to before me this day of Not y Public, in a d for t State of owe 122. pi MAWS SQA` N MICROFILMED BY 1 ' 'JORM MICROLAB- 1 CEDAR RAPIDS • DES MOINES i I 1 r , AFFIDAVIT STATE OF IOWA ) ) as JOHNSON COUNTY) I, Robert 0. Mickelson, on this 7th. day of September, 1982, upon my oath depose and state: (1). I am a Land Surveyor (Registration No. 7036) duly licensed by the State of Iowa. (2). I prepared a Final Large Scale Residential Development Plan and Planned Area Development Plan for Iowa City Housing Project 22-4, Iowa City, Iowa, and signed such instrument on the 3rd. day of August, 1982. This plat was recorded on the 5th. day of August, 1982, in Deed Book 624, Page 413, Deed Records of Johnson County, Iowa. (3). The above described plan and description contains a scriber's and typographical error in that the South line of Court Street has a bearing which reads N88030131"E, the accurate and proper bearing is in fact N88030'13"E. (4). This Affidavit is made for the purpose of explaining two errors of which one is on the plan and the other in the legal description. STATE OF IOWA ) ) as JOHNSON COUNTY) Subscribed and sworn to before me this _,Z!day of ' Noter Public, in and for th State of I we 1 ht ICROEILMED BY JORM MICR#LAB- CEDAR RAPIDS • DES MOINES 1 r -- STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce A. Knight Item: S-8218. Sedlacek Addition Date: July 15, 1982 Preliminary and Final Plat GENERAL INFORMATION Applicant: Betty Sedlacek R.R. H2 Iowa City, Iowa 52240 Requested action: Preliminary and final plat approval. Purpose: To subdivide two lots from a 20.7 acre tract of land. Location: The southeast quadrant of the intersec- tion of Prairie du Chien Road and Dodt Road, approximately 1k miles north of the Iowa City corporate limits. Size: 20.7 acres Applicable regulations: Provisions of the Subdivision Code Stormwater Management Ordinance, and Rural Subdivision Standards. 45 -day limitation period: 8/13/82 60 -day limitation period: 8/30/82 SPECIAL INFORMATION I Public utilities: None. Public services: None will be provided by the City of Iowa City. Police protection will be is provided by the Johnson County Sheriff and fire protection will be provided by the Solon Volunteer Fire } Department. Transportation: Vehicular access is proposed via Prairie du Chien Road and Dodt Road. Physical characteristics: Unknown. ANALYSIS The applicants are requesting approval of the preliminary and final plat of Sedlacek Addition to Johnson County, Iowa, which is located 1's miles north of the Iowa City corporate limits and within Iowa City's two mile extraterritorial jurisdiction. The subdivision proposes splitting two lots off of a 20.7 acre tract, thereby creating three lots. Existing single family residences, which were constructed many years ago, are located on proposed Lots 1 and 2. The subdivision is being proposed to permit transfer of the title for this property /3/7 ' I MICROFILMED BY is 1 —JORM MICR LAB -- i ? CEDAR RAPIDS • DES MOINES r 2 to the applicant's two sons. The remainder of the tract, Lot A, is currently used for agricultural purposes (raising livestock) and will remain in that use. Because the proposed subdivision will not change the existing use of the land, the applicant is requesting that some of the preliminary plat requirements be waived. Information which would not be required if the waiver is granted includes a location map, contours at five foot intervals or less and the drainage of the land including proposed storm sewers, ditches, culverts, bridges, and other structures. Staff has no objection to this waiver. STAFF RECOMMENDATION Staff recommends that the preliminary and final plat of Sedlacek Addition to Johnson County, Iowa, be deferred. Upon resolution of the deficiencies and discrepancies listed below, staff would recommend approval. Waiver of the preliminary plat requirements would constitute resolution of deficiencies and discrepancies one through three listed below. DEFICIENCIES AND DISCREPANCIES 1. A location map should be provided with the plat showing: the subdivision name, an outline of the area to be subdivided, the existing streets and city utilities on adjoining property, and north point, scale and date. 2. Contours should be shown on the plat at five foot intervals or less. 3. The drainage of the land should be shown on the plat including proposed storm sewers, ditches, culverts, bridges, and other structures. 4. A signature block for endorsement by the Clerk certifying the Council's approval of the plat should be provided on the plat. 5. Legal papers have been submitted, but are not yet approved. Required additions include language providing for the future dedication of right-of-way upon annexation by Iowa City, and language requiring Storm Water Management be provided for the entire subdivision at such time as Lot A is subdivided. 6. Lot A as shown on the plat should be relabelled Lot 3. 7. The plat should be labelled preliminary and final plat of Sedlacek Addition to Johnson County. ATTAr.HMFNT.c 1. Location map. ACCOMPANIMENTS 1. Preliminary and final plat of Sedlacek Additl(on to AAinsonn cpuntW Iowa. Approved by: 1 MICROFILMED BY JORM MIC R6LINB � CEDAR RAPIDS DES HONES I r , . - rtmen ,of Planning Program Development /3/7 fr 1.GLATION Maw S-aZ►B 13/7 r 141CROFILI-ED By DORM MICROLA6 CEDAR RAPIDS DES M018ES I I It J'. r RESOLUTION 82-200 WHEREAS, Betty M. Sedlacek, Single, contract purchaser; Faye Elliott and Dewey Elliott, wife and husband, contract sellers; all residents of Johnson County, Iowa and being the owners in fee of the land described below have filed with the Clerk of the City of Iowa City, a plat and subdivision of that property located in Johnson County, Iowa, to -wit: Commencing as a point of reference at the Southwest corner of Section 26, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; thence North 89057150" East 536.99 feet along the Southerly line of the Southwest Quarter of said Section 26 to a point (this is an assumed bearing for purposes of this description only); thence North 19°30'17" East, 1,413.03 feet to a point of intersection with the center line of Prairie Du Chien Road and the point of beginning; thence continuing North 19030117" East 238.02 feet along said center line to a point of curvature; thence Northeasterly 400.07 feet along a 4,600.00 foot radius curve concave Southeasterly (chord North 21059146" East 399.94 feet) along said center line to a point of tangency; thence North 24029116" East 743.88 feet along said center line to a point of intersection with the center line of Dodt Road; thence North 82014121" East 304.60 feet along said center line of Dodt Road to a point of intersection with the Northerly line of the Northeast Quarter of . the Southwest Quarter of said Section 26; thence continuing North 82°14121" East 115.02 feet along said center line to a point; thence South 16.69 feet to a point of intersection with said Northerly line of the Northeast Quarter of the Southwest Quarter; thence continuing South 1,313.78 feet to a point; thence Worth 89°54'02" West 953.38 feet to the point of beginning, subject to easements of record. The area of this described parcel is 20.7 acres, more or less. WHEREAS the above described property.is owned by the above named persons and dedications have been made with their free consent and in accordance with their desires and has been designated by them as "Sedlacek Subdivision", Johnson County, Iowa, and WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commisison of Iowa City, Iowa, and said Commission has recommended that the same be accepted and approved, and WHEREAS, said plat and subdivision is hereby determined to be in accordance with provisions of Chapter 409 of the 1981 141CROTIL141D DY ' 1 JORM MICR46IA13 7 1 CEDAR RAPIDS • DES M014ES 7 r7, 0.4 Code of Iowa and all other statutory requirements not ml specifically waived or as more particularly set forth in a certain agreement dated the 3rd day of August , 1982, between the said Betty M. Sedlacek, Faye Elliott and Dewey Elliott and the City of Iowa City. IT IS HEREBY RESOLVED by the City of Iowa City, Iowa, that said plat and subdivision.be and they are hereby approved and the City Clerk of Iowa City,. Iowa, is hereby authorized and directed to certify copies of this Resolution to the County Recorder of Johnson County, Iowa. The foregoing ReBolution was moved by Balmer and seconded by perret at a duly convened meeting of the City Council of Iowa City, Iowa, held at the City Administrative Building, Iowa City, Iowa, on the 3rd day i of August ,.1982, commencing at 7:30 o'clock p M. Upon roll call the following vote was taken: Council Member AYE NAY ABSENT j Balmer x Dickson x 4 Erdahl x "— Lynch -Wstai n McDonald x Neuhauser x Perret x i The foregoing is hereby duly certified by Abbie Stolfus , the City Clerk of Iowa City, Iowa, as a true and exact copy of a Resolution of the City Council of Iowa City, Iowa, make at a regular meeting held on the 3rd day of August , 1982. City Clerk of the C&ty of Iowa City, Iowa Passed and approved this 3rd day of August , 1982. `1AJLcu u C. `fid a upn r,a o, Attest; Mayor City Clerk. r 141CROFILMCD BY JORM MIC 76L AS CEDAR RAN IDS DES MDI NES AGREEMENT THIS AGREEMENT executed on this ,-A,ay of 1982 by and between Betty M. Sedlacek, contract purchaser and Faye Elliott and Dewey Elliott, wife and husband, contract sellers, all of Johnson County, Iowa hereinafter named developers and the City of Iowa City, Iowa, a municipal corporation hereinafter called City. WHEREAS, Developers are the owners and holders of the legal title to the following described premises located in Johnson County, Iowa, to-wit: Commencing as a point of reference at the Southwest corner of Section 26, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; thence North 89°57159" East 536.99 feet along the Southerly line of the Southwest Quarter of said Section 26 to a point (this is an assumed bearing for purposes of this description only); thence North 19030117" East, 1,413.03 feet to a point of intersection with the center line of Prairie Du Chien Road and the point of beginning; thence continuing North 19030117" East 238.02 feet along said center line to a point of curvature; thence Northeasterly 400.07 feet along a 4,600.00 foot radius curve concave Southeasterly (chord North 21°59146" East 399.94 feet) along said center line to a point of tangency; thence North 24029116" East 743.88 feet along said center line to a point of intersection with the center line of Dodt Road; thence North 82°14121" East 304.60 feet along said center line of Dodt Road to a point of intersection with the Northerly line of the Northeast Quarter of the Southwest Quarter of said Section 26; thence continuing North 8201412111 East 115.02 feet along said center line to a point; thence South 16.69 feet to a point of intersection with said Northerly line of the Northeast Quarter of the Southwest Quarter; thence continuing South 1,313.78 feet to a point; thence North 89054102" West 953.38 feet to the point of beginning, subject to easements of record. The area of this described parcel is 20.7 acres, more or less. AND WHEREAS, the above described real estate is located outside of but within two miles of the City.corporate limits and is thereby subject to the provisions of Chapter 409, Code of Iowa, and WHEREAS, the Developers purpose to subdivide the above real estate, have platted the same as Sedlacek Subdivision and submitted the proper application to the City Planning and Zoning Commission, and I 13/7 NICRorIEIVED BY JORM MICROLA6 1 � CEDAR RAPIDS DES n10 CUES it J r i WHEREAS, the City Planning and Zoning Commission has recommended approval ofithe plat of the proposed subdivision, and WHEREAS certain requirements of the City Subdivision and Ordinance should be waived concerning this particular subdivision and the parties have already set forth the terms and conditions for installations of certain improvements upon �I said premises. IT IS THEREFORE AGREED: 1. When the above described real estate is located within the corporate limits of the City, sidewalks, sewers, storm sewers, water mains and concrete paving of the road may be installed by the City at such time as the City deems advisable and the cost of the installation of any such improvement shall be.assessed pursuant to the then applicable provisions of the Code of Iowa except that: a) Developers hereby waive any objection to the "resolution of necessity" ordinance pertaining to the installation of any such improvement, and b) Developers hereby expressly waive any objection based upon the percentage of value of property which any assessment may exceed. 2. Upon the execution of this Agreement, owners will record the plat approved by the City and fill the required certificates from the Clerk, Treasurer and Recorder of Johnson County and the opinion of Counsel as required by Chapter 909, Code of Iowa together with the proper resolution of the City and this Agreement. i 141CROFILM(D BY �- "-JORM MICRbLAB ) \LF^,. 4 CEDAR RAPIDS DES MOINES F, L�- I 3. This Agreement shall be binding upon the parties, their personal representatives, successors in interest, grantees and assigns. OS FAI EWEY ELIAOTT State of Iowa CITY OF IOWA CITY BY: A A JA Mayor BY: c , Clerk Johnson County ) ss. K �— On this �� day of J kje , 1982, before me a Notary Public in and for Johnson County, Iowa, personally appeared Betty M. Sedlacek, Faye Elliott and Dewey Elliott wife and husband, to me personally.known to be the persons who executed the above and foregoing Agreement and acknowledged the execution of the same to be their own voluntary act and deed. WITNESS my hand and Notarial Seal the day, month and year last above written. p= NOT PUBLIC IN AND FOR THE STATE OF IOWA gocelved & ApPfOved By the legal DePartment i i 137 1 r41LRorILMED BY JORM MIC R#LAB - � CEDAR RAPIDS DES MDIYES I I FUTURE DEDICATION .STORM WATER MA11AGEMENT AGREEMENT The undersigned, Faye Elliott and Dewey Elliott, wife and husband, contract seller and Betty M. Sedlacek, contract purchaser of all land included in Sedlacek Subdivision, 9 Johnson County, Iowa, as shown on the final plat for said Sedlacek Subdivsiion, Johnson County, Iowa. If and when the City of Iowa City annexes the property involved in said subdivision it is agreed between the I developers that they will dedicate to the City of Iowa City all current right-of-ways involving Prairie du Chien Road and Dodt Road as shown by the attached plat. The dedication will not be effective until the following occur: 1. The City of Iowa City annexes the property involved in Sedlacek Subdivision. 2. The City of Iowa City accepts in writing the i dedication and said acceptance As recorded in the Johnson County Recorder's office. i 3. The City of Iowa City has accepted the street paving and storm sewer construction as public improvements. Further the developers agree with the City of Iowa City that in the event Lot A of Sedlacek Subdivision is resubdivided, they will meet any storm water management requirements for the whole Sedlacek Subdivision as specified by the City of Iowa i City. Dated this 4212'day of , 1982. �uu,, !� l ..•7S< FAYE E L20� �1 I /_ ( • fT- DEWEY ELLIOTT BET' SE'LA�� l3/q 1 I % MCRDEILMED BY JORM MICR6LA9- �.ti I CEDAR RAPIDS • DES MOVIES -xL !� Future Dedication Storm Water Sedlacek Subdivision Page 2 STATE OF IOWA, JOHNSON COUN Y ) ss. On this 2g� day of A.D. 1982, before me, the undersigned, a Notary/public in and for the State of Iowa, personally appeared FAYEiELLIOTT and DEWEY ELLIOTT, Wife and Husband, to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed_ STATE OF IOWA, JOHNSON COUNTY ) ss. On this day of, A.D. 1982, before me, the undersigned, a Notar Public in a nd for the State of Iowa, i personally appeared BETTY SEDLACEK, to me known to be the identical person named in and who executed the within and foregoing i instrument, to which this is attached, and acknowledged that i she executed the same as her voluntary act and deed. 4 "ARYUBLIC R°Ceh'od BY rhe le 41 Approvad � a! Dep'�menl Jl F1I CROEILI4ED BY i -JORM MIC RBL A13- ) CEDAR RAPIDS • DES MOINES i 1 r RESOLUTION NO. 82- 202 RESOLUTION DESIGNATING ARMSTRONG'S, INC., AS THE PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL 64-1a (DEPARTMENT STORE) IN DOWNTOWN IOWA CITY. WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency, entered into a contract for a Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as the City -University 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 and transferred Community Development Block Grants to said Urban Renewal Project, and transferred control of certain real property acquired carrying out said Urban Renewal Project to the City Council of the City of Iowa City ty Public Resolution No. from �Council � 446,datedDecember14, 1976,�and obylResolution No. 77Y 12, dated August 9, 1977; and WHEREAS, the City Council of Iowa City, Iowa, did by Resolution No. 82-88 authorize the solicitation of offers to purchase land for private redevelopment; and WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on May 25, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1981 Code of Iowa Section 570.801(c) of Title 24, Part 570, Code of Federal Regulations, and pursuant to the procedures in the Prospectus/Department Store (Parcel 64-1a), the following developer is designated as the preferred developer of Urban Renewal Parcel 64-1a: Armstrong's, Inc. BE IT FURTHER RESOLVED THAT THIS DESIGNATION IS SUBJECT TO THE FOLLOWING CONDITIONS: 1. The developer shall submit to the City all construction plans as defined in Section 301 of the proposed Contract for Sale of Land for Private Redevelopment in accordance with schedule C of said contract. 2. The Contract for Sale of Land for Private Redevelopment shall be executed on or before October 1, 1982. BE IT FURTHER RESOLVED that the City Manager and staff are hereby authorized and directed to carry out the land disposition procedures in 1 111CROEILMED BY JORM MICRbLAB 1 j CEDAR RAPIDS • DES MOINES 1.336 1 f� f, accordance with Iowa law and as set forth in the Prospectus/Department Store (Parcel 64-1a). BE IT FURTHER RESOLVED that this designation of the preferred developer does not constitute formal City acceptance of any offer to purchase. It was moved by McDonald and seconded by Perret the Resolution be adopted, and upon roll call there were: 1 AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 3rd day of August 1982. I I MAYOR ATTEST: aa. CITY CLERK #336 MICIIIIII4E11 BY ' - DORM -MIC RbLA S CEDAR RAPIDS • DES MOIYEB I II� r RESOLUTION NO. 82 - RESOLUTION DESIGNATING ARMSTRONG'S, INC., AS THE PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL 64-1a (DEPARTMENT STORE) IN DOWNTOWN IOWA CITY. WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency, entered into a contract for a Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as the City -University 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 and transferred Community Development Block Grants 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 Council of Iowa City, Iowa, did by Resolution No. 82-88 authorize the solicitation of offers to purchase land for private redevelopment; and WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on May 25, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1981 Code of Iowa Section 570.801(c) of Title 24, Part 570, Code of Federal Regulations, and pursuant to the procedures in the Prospectus/Department Store (Parcel 64-1a), the following developer is designated as the preferred developer of Urban Renewal Parcel 64-1a: Armstrong's, Inc. BE IT FURTHER RESOLVED THAT THIS DESIGNATION IS SUBJECT TO THE FOLLOWING CONDITIONS: 1. The developer shall submit to the City all construction plans as defined in Section 301 of the proposed Contract for Sale of Land for Private Redevelopment in accordance with schedule C of said contract. 2. The Contract for Sale of Land for Private Redevelopment shall be executed on or before October 1, 1982. BE IT FURTHER RESOLVED that the City Manager and staff are hereby authorized and directed to carry out the land disposition procedures in J ! MICROFILI4F.D By , ' JORM MICROLAB CEDAR RAPIDS DES MDIYES i I i i 1.336 accordance with Iowa law and as set forth in the Prospectus/Department Store (Parcel 64-1a). BE IT FURTHER RESOLVED that this designation of the preferred developer does not constitute formal City acceptance of any offer to purchase. It was moved by and the Resolution be adopted, and upon rollcallwere: e AYES: NAYS: ABSENT: — Balmer Dickson Erdahl — Lynch = McDonald Neuhauser — Perret Passed and approved this — day of 1982. MAYOR ATTEST: I CITY CLERK I � I i i RC%"Ivrxf $ Appro,nd By Th L. al �3�.-- l 336 C m icRo(ILMED BY J '\L-, � -JORM MIC RALAB- CEDAR RAPIDS DES 140IYE5 I � �1 ii _ t ,� r Pr f'' RESOLUTION NO. 82-203 RESOLUTION AUTHORIZING CONVEYANCE OF A PORTION OF VACATED GRANT COURT RIGHT-OF-WAY. WHEREAS, the City of Iowa City, Iowa, has filed a quiet title action concerning Grant Court right-of-way, more particularly described as follows: Beginning at the Southeast corner of Block 3 of Rundell Addition to Iowa City, thence south 1°44'05"E, 60.00 feet to the Northeast corner of Block 4 of said Rundell Addition; thence west 280.00 feet to the northwest corner of said Block 4; thence north 1044105"W, 60.00 feet to the southwest corner of said Block 3; thence east 280.00 feet to the point of beginning; and WHEREAS, the City wishes to convey a portion of vacated Grant Court right- of-way to adjoining property owners, pursuant to settlement, which conveyance is in the public interest; and WHEREAS, a public hearing was held on this proposed conveyance on the 3rd day of August, 1982, at the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa; and WHEREAS, the conveyance shall be subject to the following terms: 1. The parties named herein relinquish all claim to vacated Grant Court right-of-way, pursuant to settlement. 2. The City shall retain storm sewer and stormwater flowage easements over the westerly portion of the tract, and no structures shall be placed thereon. 3. The price for the below -described property shall be $4,000. 4. The City shall provide warranty deeds as follows: a. To Gerald L. Flanagan and Sherry L. Flanagan for the sum of $2,000, the following property: Beginning at the southwest corner of Lot 7, Block 3 of the Rundell Addition to Iowa City; thence east 125 feet to the southeast corner of said Lot 7; thence south 1044'05"E, 30 feet to the centerline of the vacated Grant Court right-of-way; thence west 125 feet along said centerline to a point that is south 1°44'05"E, 30 feet of the southwest corner of said Lot 1; thence north 1°44'05"W, 30 feet to the point of beginning. Said tract contains 3,750 square feet more or less. b. To Audrey W. Scott for the sum of $2,000, the following property: MICROFILMED BY I i "JORM MICR6LA6 i CEDAR RAPIDS • DES MDINES 1339 Beginning at the northwest corner of Lot 1, Block 4 of the Rundell Addition to Iowa City; thence north 104410511W, 30 feet to the centerline of the vacated Grant Court right-of-way; thence east 125 feet along said centerline to a Point that inorth 1044'05"W 30 of northeast ofsaidLot 1; thence south 1°44105°E,the 30 feet to the northeast corner of said Lot 1; thence west 125 feet to the point of beginning. Said tract contains 3,750 square feet more or less. 5. The City shall not convey said property until the quiet title decree has been issued by the district court. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City is authorized to convey the above-described real property to the parties named herein for the sum of $4,000. 2. That the Mayor is authorized to sign and the City Clerk to attest two warranty deeds conveying the above-described property on the terms and conditions set forth herein. It was moved by Erdahl and Perret the Resolution be adopted, and upon roll ccalldthere were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch X McDonald X x Neuhauser Perret Passed and approved this 3rd day of August 1962 M&AYR ATTEST: CITY CLERK Received & Approved By The Legal D3parement 1339 1 p MICROFILMED BY r' 1 "CORM MIC RbLAB � CEDAR RAPIDS � DES MOINES ( r I ILL l _�_ RESOLUTION NO. 82-205 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY83 ASPHALT RESURFACING PROJECT TO L. L. PELLING COMPANY, INC. WHEREAS, L. L. Pellin Com an Inc. of Iowa Cit Iowa has submitted the best bid of 417,003.15 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to L. L. Pelling Company, Inc. , subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by and seconded by pprrpt that the resolution as read be a opte an upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 3rd day of August 19 82 . MAYOR ATTEST: �r: !—� r� CITY CLERK Received & Approve. By. the Legal Department �ul eL? L i 141CROEILMED BY I JORM MICRdLA13 i CEDAR RAPIDS DES 1401NES I 13$Iy i r RESOLUTION N0.82-204 RESOLUTION AUTHORIZING THE SUSPENSION OF THE CLASS C LIQUOR LICENSE, NO. LC -13508, HELD BY IOWA CITY MICKY'S LTD., DBA AS MICKY'S, 11 S. DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, Iowa City Micky's Ltd., dba Micky's, 11 S. Dubuque Street, Iowa City, is the holder of a Class C Liquor License, Number LC -13508, and WHEREAS, said liquor licensee's employee, Joyce Taylor, pleaded guilty on July 15, 1982, in Magistrate Court in Johnson County, Iowa (case #M104p8OC), to a charge of selling beer to a minor on March 26, 1982, in the licensed establishment, Micky's, 11 S. Dubuque Street, Iowa City, contra to Section 123.49(2)(h) of the Code of Iowa, and WHEREAS, Section 123.50, subsection 3(a), Code of Iowa, provides in pertinent part that if any licensee or employee of such licensee shall be convicted of a violation of Section 123.49(2)(h), the local authority shall, upon a first conviction, suspend the violator's liquor control license for a period of fourteen days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. That the Liquor License, No. LC -13508, held by Iowa City Micky's Ltd., dba Micky's, 11 S. Dubuque Street, Iowa City, Iowa, shall be suspended for a fourteen day period beginning at twdlve midnite on August 4, 1982, and ending at twelve midnite on August 18, 1982• 2. That the City Clerk be directed to mail a copy of this resolution to the Iowa Beer and Liquor Control Department, 1918 S.E. Hulsizer Avenue, Ankeny, Iowa 50021, and to Iowa City Micky's Ltd., 11 S. Dubuque Street, Iowa City, Iowa. It was moved by Lvnch 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 3rd day of August , 1982. ATTEST: CITY CLERK � Received & Approvers By The Legal Department 0 8'i 1 MICROrILMED BY JORM 'M ICR46LA B' - -i CEDAR RAPIDS • DES MOINES I I 13 Y3 "T r ADVERTISEMENT FOR BIDS The FY83 Asphalt Resurfacing Project Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 27th day of July, 1982, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on August 3, 1982, or at such later time and place as may then be fixed. The work will involve the following: An asphalt surface with the necessary leveling and miscellaneous construction on designated streets. P.C.C. curb and gutter, storm sewer and asphalt surface for two parking lots. All work is to be done in strict compliance with the plans and specifications prepared by Francis K. Farmer, P.E., City Engineer, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifi- cations for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank and filed in a sealed envelope separate from the one containing the proposal, and in the amount of 10% of bid made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. AF -1 141CROFILIIED V � DORM MIC RISLAB 1 CEDAR RAPIDS • DES MOINES /10y 1 r Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 50 days Completion Date: November 1, 1982 Liquidated Damages: $150.00 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Francis K. Farmer, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. AF -2 MICROFILMED BY � JORM MICROLA B I CEDAR RAPIDS DCS 14O1YES I i i3yy f� Published upon order of the City Council of Iowa City, Iowa. &- Abbie Sto fus City Clerk of Iowa City, Iowa AF -3 1 I IdICROF iLNEO BY � 1- "JORM MICMf LAB 1 CEDAR RAPIDS • DES 1401YE5 r RESOLUTION NO. 82-206 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY83 LANDFILL EXCAVATION PROJECT WHEREAS, Parkview Company of Iowa City, Iowa has submitted the best bid of 5 109,600.00 for the construction of th above-named project. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Parkview Company of Iowa City, Iowa , subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Erdahl and seconded by McDonald that the resolution as read be adopted, an 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 3rd day of August , lg 82, MAYOR ATTEST: -(iL J CITY CLERY. Re<efved d approved BY The Legal Department i3ys i MICROIILMED BY "JORM - MICR6LA13 -� CEDAR RAPIDS DES MOINES I i I r ADVERTISEMENT FOR BI FY83 Landfill Excavation Project Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 27th day of July, 1982, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on August 3, 1982, or at such later time and place as may then be fixed. The work will involve the following: 160,000 cubic yards Excavate material, stockpile and shape as required. All work is to be done in strict compliance with the plans and specifications prepared by Francis K. Farmer, P.E., City Engineer, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifi- cations for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank and filed in a sealed envelope separate from the one containing the proposal, and in the amount of 10% of bid made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 MICROFILMED BY I ' JORM MICREILAB - 1 CEDAR RAPIDS - DES MOVES � I 1 r The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 0 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 55 Completion Date: November 1, 1982 Liquidated Damages: $100 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Francis K. Farmer, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. AF -2 MICROFILMED BY � JORM MIC RbLA B f CEDAR RAPIDS DES MOINES i I J /3 #5 7 J Abbie Stolfus City Clerk of Iowa City, Iowa AF -3 r' i i I4ICAOFILMED BY 1 "-"JORM "MIC: R6L,4 B` CEDAR RAPIDS DES MOINES I 47#T r RESOLUTION NO.82-207 RESOLUTION AUTHORIZING AND DIRECTING AUDITOR OF JOHNSON COUNTY, IOWA, TO PLACE THE QUESTION OF THE IMPOSITION OF A HOTEL -MOTEL TAX BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA, AT THE GENERAL ELECTION OF NOVEMBER 2, 1982, AS AMENDED. WHEREAS, Chapter 422A of the Code of Iowa authorizes cities to impose a tax in an amount not in excess of 7% of gross receipts from rentals by hotels and motels, subject to an election by which the majority of the qualified electors of each city would approve the imposition; and WHEREAS, the City of Iowa City, Iowa, desires to place the following question concerning the imposition of the said tax before the qualified electors of Iowa City, Iowa; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Auditor of Johnson County, Iowa, is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa, at the general election of November 2, 1982: Shall the following public measure be adopted? Yes No _: Shall the City of Iowa City, Iowa, be authorized to impose a five percent (5%) tax upon the gross receipts from the renting of any and all rooms, apartments, or sleeping quarters, in any hotel, motel, inn, public lodging house, rooming house, or tourist court, or in any place where sleeping accommodations are furnished to transient guests for rent within the corporate limits of the City of Iowa City, Iowa, in accordance with the terms of a proposed City ordinance and Chapter 422A of the Code of Iowa, copies of which are printed on yellow paper and attached to the inside of this voting booth? 2. The Auditor is authorized and directed to attach copies of the proposed Hotel and Motel Tax Ordinance and Chapter 422A of the Code of Iowa, to the inside of each voting booth in use in Iowa City, Iowa, at the November 2, 1982, general election, and to post copies of the said ordinance and Chapter 422A in such other places as are required by law, and to take such other steps as are necessary to properly place this public measure before the qualified electors of the City. The said proposed ordinance shall be printed on yellow paper. A copy of the said proposed ordinance is attached to this resolution as "Proposed Hotel -Motel Tax Ordinance," and by this reference made a part hereof. 3. The City Clerk is authorized and directed to provide the Auditor with sufficient copies of the proposed Hotel -Motel Tax Ordinance, so that the ordinances may be posted as provided in Section 2 above. f MICROFILMED AY I JORM MIC R�l_AE3 CEDAR RAPIDS - DES MOIRES I � /3 yt r f•: CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 August 18, 1982 Tom Slockett Johnson County Auditor and Elections Commissioner Johnson County Courthouse Iowa City, Iowa i Dear Tom: Enclosed please find the Resolution adopted by the Iowa City City Council regarding placing the hotel -motel tax on the November 2, 1982 election ballot, as directed by Item 4 in the resolution. Also enclosed are 150 copies of the proposed Ordinance required to be given to you under Item 3 of the resolution. (I discussed the number to be supplied with Sandy Steinbach.) I'm also enclosing an original of the ordinance in case additional copies are needed. If you have any questions, please call 356-5041. Yours very truly, a&� x/4-,� Abbie Stolfus, Ci Clerk CMC t nICROMMED BY I JORM MICR46LAB 1 CEDAR RAPIDS DES M014ES 13416 1 Resolution No. 82-207 Page 2 4. The City Clerk is authorized and directed to deliver a certified copy of this resolution to the Auditor of Johnson County, Iowa, by not later than 4:00 P.M. on September 3 , 1982. It was moved by Balmer and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch Y McDonald x Neuhauser x Perret Passed and approved this 3rd day of August, 1982. I NO So I "Il, I �111 Received & Approved Ey The Legal Department bA Z9 SL /3 yG i ruceonuaEo BY � 1 l JORM MICR#L CEDAR RAPIDS DES MONIES j !� r RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING AUDITOR OF JOHNSON COUNTY, IOWA, TO PLACE THE QUESTION OF THE IMPOSITION OF A HOTEL -MOTEL TAX BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA, AT THE GENERAL ELECTION OF NOVEMBER 7, 1982. WHEREAS, Chapter 422A of the Code of Iowa authorizes cities to impose a tax in an amount not in excess of 7% of gross receipts fro rentals by hotels and motels, subject to an election by which thejority of the qualified electors of each city would approve the imp ition; and WHEREi , the City of Iowa City, Iowa, desires to place he following questio concerning the imposition of the said tax place/ ore the qualified electors of Iowa City, Iowa; BE IT RESOE�VED BY THE COUNCIL OF THE CITY OF IOI4P�CITY, IOWA: 1. The Audit r of Johnson County, Iowa, is h eby authorized and directed to place the f lowing question before the alified electors of the City of Iowa City, Iowa, at the general electio of November 7, 1982: Shall the ollowing public meas re be adopted? Yes No Shall the C ty of Iowa City, wa, be authorized to impose a five 11) per nt tax upon th gross receipts from the renting of any and all rooms, apart ents, or sleeping quarters within the corporate 1 its of t City of Iowa City, Iowa, in accordance with the terms o a prop ed City ordinance and Chapter 422A of the Code of Iow co -es of which are printed on yellow paper and attached he inside of this voting booth? 2. The Auditor is authorize andirected to attach copies of the pro- posed Hotel and Motel Tax 0 dinanc and Chapter 422A of the Code of Iowa, to the inside of each voti g booth i use in Iowa City, Iowa, at the November 7, 1982, general electio and to pos to of the said ordinance and Chapter 422A in such of r places as ar required by law, and to take such other steps as are nec ssary to properly lace this public measure before the qualified electo of the City. The s 'd proposed ordinance shall be printed on yellow er. A copy of the said roposed ordinance is attached to this resolution as "Proposed Hotel -Motel Ta Ordinance," and by this reference made a art hereof. S. The City C erk is authorized and directed to prove the Auditor with sufficient co ies of the proposed Hotel -Motel Tax Ordin ce, so that the ordinances y be posted as provided in Section 2 above. ! 11ICROFILMED BY I JORM MIC ROLA8 CEDAR RAPIDS • DES MOINES i I i I i i 13seG 1 J RESOLUTION NO.82-208 RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE CITY CLERK TO ATTEST, THE FY83 CONTRACT FOR STATE AND FEDERAL TRANSIT ASSISTANCE. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, the City wishes to continue its current level of transit service, and WHEREAS, the State of Iowa Department of Transportation and the United States Department of Transportation both offer capital and operating assistance to local governmental units for their public transportation systems, and WHEREAS, State assistance is available in the amount of $137,940 and Federal assistance is available in the amount of $126,728, and WHEREAS, the $137,940 of State assistance includes $16,000 applied for on behalf of University of Iowa CAMBUS, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to sign, and the City Clerk to attest, the FY83 contract for State and Federal transit assistance. It was moved by Perret and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer Dickson X Erdahl x Lynch _x McDonald Neuhauser �- Perret Passed and approved this 3rd day of August 1982. ATTEST: CITY CLERK Reealwd & Approwx! By The legal Department yfyr'a/ 7-.t P-P� /3y7 I / MICRUILMED BY � DORM MIC RbLA B .1 � CEDAR RAPIDS • DES MOINES r I Sec. 18 -OP: 6/82 IOWA DEPARTMENT OF TRANSPORTATION --JOINT PARTICIPATION AGREEMENT FOR THE RURAL AND SMALL URBAN AREAS TRANSIT ASSISTANCE PROGRAM, SECTION 18 OF THE URBAN MASS TRANSPORTATION ACT, AS -AMENDED. PART I: 1.0 General Provisions 2.0 Roles and Responsibilities of the Public Agency 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements ASSURANCES AND CERTIFICATIONS: a. Certification of Special Efforts To Provide Transportation That Handi- capped Persons Can Use b. Labor Protection Certification by the Section 18 Recipient c. Transit Agency Assurances Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: 8.0 Contract Non-Performance E. AuditRequirements(OMB A-102, Att.P), 9.0 F. Administration of Negotiated Contracts 10.0 Termination or Suspension of G. Title VI, Civil Rights Project 11.0 Renewal, Renegotiations, and H. Nondiscrimination on the Basis of Handicap, 49 CFR 27 (5/31/79 and 7/20/81, amdt.) Modifications 12.0 Hold Harmless I. Special Section 13(c) Warranty 13.0 Assignability and Subcontracting J- IA DOT -IAC, Transportation Procurement, 14.0 Interest and Prohibited Interest 820-(O1,B] 2.1(307) . 15.0 Additional Agreement Provisions L. Rural Highway Public Transportation Demonstration Program, FHPM 4-8-4 (part APPENDICES: only) (2/19/76) A. Public Transportation for Non- 0. Participation by MBE in U.S. DOT Pro - urbanized Areas, 23 CFR 825 grams 49 CFR 23 (3/31/80) B. Cost Principles, (OMB A-87), P. Guidance for Implementing U.S. DOT Rules (1/15/81) Creating a MBE Program in DOT Financial C. Uniform Administrative Require- Assistance Programs, 45 FR 45281 (7/3/80) ments (OMB A-102), (9/12/77) Q. Program for the Participation of MBE D. Procurement (OMB A-102, Att-0), Federal -Aid Projects let by the Iowa. (8/15/79) DOT (7/29/80) Federal Project Number: RPT- 3715 4 --93- 52 - 0 1 PART I: 1.0 GENERAL PROVISION 1.1 PARTIES TO AGREEMENT THIS AGREEMENT, made and entered into this lst.day of July , 1982, by and between the T _WW DEPARTMENT Tr7R-rNSPORTATION, an agency of the State of Iowa, herein- after called the "DEPARTMENT", and the OTMV no TnWt rTmV located at herelna ter ca ed the PUBLIC AGENCY , In consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT from Y through JUNE 30, 1983. I-0IcROrILMED BY JORM MICR6LAB- 1 CEDAR RAPIDS DES MOINES i i _ a 1 J r Sec. 18 -OP: 6/82 1.3 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assist- ance to the PUBLIC AGENCY through Section 18 of the Urban Mass Transportation (UMT) Act as amended for operating assist- ance as described in the application herein made as a part of this AGREEMENT in accordance with 23 CRF 825 (see Appen- dix A), and applicable portions of FHPM 4-8-4 (see Appendix L), and hereinafter called the "PROJECT". 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which funding will be provided and the understandings and promises.made as to the manner in which the PROJECT will be undertaken and com- pleted. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: (A) PASSENGER FARES FOR TRANSIT SERVICE - Revenue amounts collected from passengers. The revenue could be collected directly at the point of service (the farebox), or through special passes sold to passengers. (As an example of a special pass operation, in the case where the transit property offers special reduced fares to students, handicapped persons or other, this category of revenue should reflect the fares or contributions which the passengers pay on their own behalf.) (In accordance with object class 401 as defined in Volume II. Uniform System of Accounts (B) OPERATING EXPENSES - All eligible transit system expenses related to operating, maintaining and administering transit operation, as defined by the DEPARTMENT. (In accordance with all object classes 501 through 512, 514 and 515 as defined in Volume II. eporr no. UMIH- -uo-Uuv-/-//-I. (C) SECTION 18 PROGRAM SUPPORT NEED - Operating expenses less passenger fares for transit service. (D) CEILING AMOUNT - Maximum amount assigned to specific tasks or elements of this AGREEMENT, or for this AGREEMENT as a whole. 2 141CROFILMED BY JORM MICRdLAB I CEDAR RAPIDS DCS MOINES I 1 i J /3117 1 Sec. 18 -OP: 6/82 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is Ma C. Neuhauser, Mayor i.e., who has signatory powers). 1.7 PROJECT MANAGER The project manager for this project on the staff of the PUBLIC AGENCY is Mike Prior, Acting Manager who is direct}y responsib a for the performance ca ed for in this AGREEMENT. 2.0 ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall perform such operations as stated in the grant application, or amended through the planning process, for which financial assistance is being provided by the DEPARTMENT pursuant to this AGREEMENT, and amend- ments, if any. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any addi- tional funding sources that my be acquired or made available to the AGENCY during the PROJECT period. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPART- MENT may deny part or all of any reimbursement request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of reimbursement to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assist- ance to the PUBLIC AGENCY as noted and detailed in Chapter 601J of the Code of Iowa (1981). 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - No provisions 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all trans- portation -related costs, revenues, and operating sources 4 /3 Y% IIICROFIL14ED BY JORM MICR6LAB CEDAR RAPIDS DES MOINES i j r 0" IN Sec. 18 -OP: 6/82 are recorded so that they may be clearly identified, easily traced, and substantially documented. If the Uniform Data Management System developed by the DEPART- MENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above infor- mation is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Office of Management and Budget, Circular A-81, Appendix B "Standards of Selected Items of Cost" attached as Appendix B; Office of Man- agement and Budget (OMB) Circular A-102 attached as Appendix C, D, and E; and Federal Highway Administra- tion (FHWA) rules on the Administration of Negotiated Contracts (23 CFR 170, 172, 420 and 620) attached as Appendix F. (B) No cost incurred by the PUBLIC AGENCY or any of its contracts prior to the starting date or after the ending date of this AGREEMENT (refer to Sec - ion 1.2) will be eligible for funding as a PROJECT cost. (C) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. (D) It is understood that the value and character of all "in-kind" services must be approved by the DEPARTMENT prior to being credited to the PROJECT. 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this agreement. 7 f iv? I1ICROEILMED BY f JORM MIC ROLAB ( CEDAR RAPIDS DCS MOINES ' i I ( Sec. 18 -OP: 6/82 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or national origin. The PUBLIC AGENCY shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurements of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall be notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non-discrimination on the grounds or race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise The PUBLIC AGENCY or its subcontractors agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and sub- contracts financed in whole or in part with Federal funds provided under this AGREEMENT (refer to Appendix 0 and P). In this regard the PUBLIC AGENCY and all of its subcontractors shall take all necessary and reasonable steps in compliance with Iowa DOT Minority Business Enterprise and Women Business Enterprise Program (MBE/WBE) to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The PUBLIC AGENCY and its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of U.S. DOT - assisted contracts. If as a condition of assistance the DEPARTMENT has sub- mitted to U.S. DOT, or the PUBLIC AGENCY has submitted to the DEPARTMENT and the U.S. DOT or DEPARTMENT has approved a minority women business enterprise affirmative IdICROEILnED BY JORM MICR6LA9 1 i I � CEDAR RAPIDS • DES 1101NES 13f7 7 J \0J Sec. 18 -OP: 6/82 action program which the DEPARTMENT and/or PUBLIC AGENCY agrees to carry out, this program(s) is incorporated into this financial assistance agreement by reference (refer Appendix Q). This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to PUBLIC AGENCY of its failure to carry out the approved program the DEPARTMENT and/or U.S. DOT shall impose such sanctions and may include termination of this AGREEMENT or other measures that may affect the ability of the recipient to obtain future U.S. DOT financial assistance. The PUBLIC AGENCY or any of its subcontractors are hereby advised that failure to fully comply with the DEPARTMENT's MBE/WBE Program shall constitute a breach of contract and may result in termination of this AGREEMENT or contract(s) by the DEPARTMENT or such remedy as the DEPARTMENT deems appropriate. Refer to Section 8.0 and 10.0 of the AGREEMENT. 5.74 Non -Discrimination on the Basis of Handicap The PUBLIC AGENCY agrees to comply with the provisions of Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, and applicable Federal regulations relating thereto, issued by the U.S. Department of Transpor- tation (49 CFR 27), prohibiting discrimination against otherwise qualified handicapped individual under any program or activity receiving federal financial assistance covered by this AGREEMENT, attached as Appendix H. /1 f7 141CRDn LMED BY I t -CORM MIC R�/L 4B 1 ~ 1 ! CEDAR RAI'1 DS DEStd019ES 1 r Sec. 18 -OP: 6/82 5.8 LABOR PROTECTION PROVISIONS Unless waived by the U.S. Secretary of Labor, the PUBLIC AGENCY shall, by becoming a signatory to this AGREEMENT, comply with the requirements of Section 13(c) of the Urban Mass Transporta- tion Act of 1964, as amended, as stipulated by the U.S. Depart- ment of Labor conditions incorporated herein and made a part hereof as Appendix I, Special Section 13(c) Warranty. 5.9 PROJECT PROPERTY AND SERVICES 5.91 Purchase of Property and Service The PUBLIC AGENCY shall comply with the following com- petitive bidding procedures or negotiated procedures. A. OMB A-87 (appendix B), B. OMB A-102, Attachment 0, revised (Appendix D), C. FHWA-Administration of Negotiated Contracts (Appendix F), D. Iowa DOT -IAC, Transportation, Procurement (Appendix J), E. U.S. DOT -504 Implementation Requirements (Appendix H), and F. Minority Business Enterprise participation guid- ance (Appendices 0, P and Q). The following required provision shall be included in any advertisement of invitation to bid for any procurement under this AGREEMENT. Statement of Financial Assistance: This contract is subject to a financial assistance contract, and the conditions and the terms of said contract between the State and Federal Highway Administra- tion. 5.92 Use and Disposition of Property and Services The PUBLIC AGENCY agrees that the Property and Services financed under this AGREEMENT shall be used for the provision of public transportation service within the area described in the application for the duration of the PROJECT. Title to all Property purchased pursuant to this AGREEMENT shall rest with the PUBLIC AGENCY. At the completion of the PROJECT, the PUBLIC AGENCY shall retain title to all Property free of any compensatory obligation to the DEPARTMENT or FHWA, as long as said Property is con- tinuously used for public transportation in a manner similar to that intended by the application. r" MICROFILMED BY l -DORM MIC REAL AB � CEDAR RAPIDS • DES MOINES J r I I Sec. 18 -OP: 6/82 ( If the Property is not continuously used for public trans- portation in a manner similar to that intended by the appli- cation the PUBLIC AGENCY shall immediately notify the DEPARTMENT and sh 11 dispose of such Property in accordance with OMB A-102, Attachment N (see Appendix C). The following represents a summary of those provisions: A. If the Property is "retained" by the PUBLIC AGENCY, the PUBLIC AGENCY shall reimburse the DEPARTMENT in an amount equal to the fair market value of the Property, based upon expert and objective appraisal, which value must be approved in writing by the DEPART- MENT and FHWA, or B. If the Property is sold, it shall be sold by the PUBLIC AGENCY, at the highest price obtainable at public or private sale, subject to written approval of the sale price by the DEPARTMENT and FHWA. The sale price, less expense of the sale, shall be paid to the DEPARTMENT. The y at a PUBLIC lcleanliness, safetytand mechanicalain the tsh soundness. levelof The DEPARTMENT shall have the right to condcctmainten- ance for the purpose of confirming proper pursuant to this paragraph. 6.0 iNAN ES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the reimburse- ment of expenses up to limits described in this AGREEMENT, as follows: 6.11 For this AGREEMENT the DEPARTMENT upon receipt of suf- ficient documentation and appropriate request, fund the PUBLIC AGENCY for the lesser of the following two amounts: A. Ceiling d amount established in this AGREEMENT as denote B. The amount corresponding to fifty (50) percent of eon 18 9cos need as determined byactualaccounts and rerd 0 13Vr 1 141CROFILMED BY "JORM MIC RbLAB1 CEDAR RAPIDS DES 1401 YES � i r Sec. 18 -OP: 6/82 6.2 FINANCIAL LIMITS The ceiling amount of this AGREEMENT is $ 126,728.00 6.3 PAYMENT OF FUNDS 6.31 In the case of the contract amount, if the amount eligible to be paid equals zero dollars, there will be no funding by the DEPARTMENT. 6.32 Funding requests shall reflect costs incurred toward the PROJECT. Overruns in costs shall not be funded. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. 6.34 Payment of eligible costs, as set forth in this AGREEMENT, is conditioned upon the receipt of Federal approprations for this PROJECT by the DEPARTMENT. No state monies will be involved in the funding of eligible costs except those costs allowable under separate contract between the DEPARTMENT and PUBLIC AGENCY for the transit services, equipment, and facilities which are to become integrated with this project. 6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY AND SERVICE 6.51 The PUBLIC AGENCY will be responsible for securing proper auditing in accordance with OMB Circular A-102, Attachment P, paragraph 1 through 11 (Appendix E). 6.52 Two (2) copies of the audit prescribed in Section 6.51 of this AGREEMENT shall be sent to the DEPARTMENT by the PUBLIC AGENCY. The required Attachment P audit is to be submitted to the DEPARTMENT no later than one 1) year (a) from the end of the performance period Section 1.2) or (b) from the date of AGREEMENT termination, whichever is earlier. (Refer to Section 7.4 for the address.) Failure to furnish an acceptable audit as determined by the cognizant federal audit agency may be a basis for denial and/or refunding of state and federal funds. 6.53 All accounting practices applied and all records main- tained will be in accordance with generally -accepted accounting principles and procedures. 6.54 The PUBLIC AGENCY shall require its contractors to permit the DEPARTMENT's authorized representatives and those of FHWA to inspect all work materials, records, and any other data with regard to the PROJECT. 10 1.3117 1 611CROCILnED BY J JORM MICREILA13 � CEDAR RAPIDS DES MDI4C5 I J r Sec. 18 -OP: 6/82 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT and FHWA for a period of three (3) years after the, issuance of the audit report. The PUBLIC AGENCY shall provide copies of said records and documents to the DEPART''ENT and FHWA upon request. 6.56 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT ,and shall permit access to its books, records, accounts, other sources of infor- mation, and its facilities as may be determined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the to furnishlthisepossession information.othenPUBLICnAGWYsor shallrefuses so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.57 The PUBLIC AGENCY shall permit -the DEPARTMENT or its auth- orized representatives and those of FHWA, to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 QUARTERLY REPORTS The PUBLIC AGENCY agrees to supply a quarterly financial and non-financial operating statement along with a list of all funding sources and amounts utilizing the report forms supplied by the DEPARTMENT. This material must be submitted to the DEPARTMENT within 30 days after each of the first three quarters. Failure to do so during this contract period may result in the establishment of a penalty or forfeiture clause in the following year's contract at the discretion of the DEPARTMENT. 7.2 YEAR END REPORT At the end of the PROJECT period, the PUBLIC AGENCY must non financial operait within 45 ting invoice, ing statementshowd ingthe nand total expense and revenue of the PROJECT. Failure to do so will be groundsiture nding of he DEPARTMENT. 141CRUILMED BY I DORM MIC ROLAB � CEDAR RAPIDS • DES 14014ES i3V7 1 I, Sec. 18 -OP: 6/82 7.3 REIMBURSEMENT INFORMATION 7.31 The PUBLIC AGENCY may submit progressive billings to the DEPARTMENT covering those eligible costs that have been incurred by the PUBLIC AGENCY. 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT and FH'WA may require to jus- tify and support said PROJECT costs and payments. 7.33 The financial and non-financial operating statement roust accompany all requests for operating assistance and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and pro- jects as outlined in this AGREEMENT. 7.34 All invoices for equipment, parts and tools must be accom- panied by either a purchase order or an invoice from the vendor;. 7.4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY concerning the PROJECT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. 2,nd Avenue, Des Moines, Iowa 50313. IJP WITNESS THEREOF, we have hereunto set our hands this _ day of ( , 1982. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON IOWA CITY, IOWA 52240 Phone: (319)356-5154 By: DI1 Mary C Neuliauseruser, Mayor 12 PUBLIC TRANSIT DIVISION IOWA DEPARTMENT OF TRANSPORTATION 5268 N.W. SECOND AVENUE DES MOINES, IOWA 50313 Phone: (515) 281-4265 rj",,',,uuuar-n—n-e Wz�5rt ;---I I necrut, i MICROFILMED BY I. _-JORM-MICRILAB _A _) CEDAR RAPIDS • DES MOINES I J i C' r I I CERTIFICATION OF SPECIAL EFFORTS TO PROVIDE TRANSPORTATION THAT HANDICAPPED PERSONS CAN USE CITY OF IOWA CITY hereby Name of recipient certifies that special efforts are being made or will be made in its service area to provide transportation that handicapped persons, including wheelchair users and semiambulatory persons, can use. For recipients of funds under Section 3 of the Urban Mass Transportation Act of 1964, as amended (UMT Act), these special efforts (1) are consistent with the guidance in Appendix A to 49 CFR Part 27, Subpart D and (2) are already made or will be made within six months of the effective date of 49 CFR 27.77. For recipients of funds under Section 18 of the UMT Act, the transportation resulting from these' special efforts is reasonable or will be reasonable in comparison to the transportation provided to the general public and meets a significant fraction of the actual trans- portation needs of such persons within a reasonable time. �/1dE1UC. A� �1a11 Date Signatu 11 Federal Project Number Mary C. Neuhauser RPT -3715(004)--93-52-01 Name of Signer Mayor Title iasi7 MICROFILMED BY JORM-MIC ROLEI ) J � CEDAR RAPIDS DES MOINNES I � I � r I I Labor Protection Certification IOWA CITY by the Section 18 Recipient Director FED. PROJ.#IUV-3715(004)-93-52-01 Public Transit Division SYSTEM CITY OF IOWA CITY Iowa Department of Transportation 5268 N.W. 2nd Avenue Des Moines, Iowa 50313 Dear Director: We, as a Section 18 recipient, agree that, in the absence of a waiver by the Department of Labor, the terms and conditions of the Special Section 13(c) Warranty shall apply for the protection of the employees of any employer providing transportation services assisted by the Project and the employees of any other surface public transportation providers in the transportation service area of the Project. The Warranty arrangement shall be made part of the contract of assistance with the Iowa 'Department of Transportation and shall be binding and enforceable by and upon the parties thereto, by any covered employee or his/her representative. Additionally, pursuant to Section (A) of the Special 13(c) Warranty, included with this submission is a listing of all transportation providers which are Recipients of transportation assistance funded by the Project, and a listing of other eligible transportation providers in the geographic area of each project, and any labor organizations representing the employees of such providers. I further certify that I have read and understand the terms and con- ditions of the Special Section 13(c) Warranty. 1Vlf111L1 . '41 p I IAM l.4¢L Signatu /Mary C. Neuhauser Mayor Title of Authorized Official Date X 13441 MICROFILMED BY J. I. JORM MICR6LAO I j CEDAR RAPIDS DES MOINES ! � I � fr INION COOE 1 • AmelgamslM Transit Workers 1 • AFSCME 3 • TearsNes 1 • Transport Workers Union of Mnelra TRANSIT OPERATIONS C.Z UNDER CONTRACT Use mice ..s. if 7se code List IransN opersUom under We atoWY eho.kwNwireum a stoleet 3:15-8P. City of Iowa City agency Nem.) unio" Legal Nwnbe e p 2, e e o� :8 �q ; e a o s �� :� e' , e e `• E - o i e s g- o es S e� £$ V� ii 4 , o.a .1 �_ i �� * 1• Iowa City Transit 183 B X X * L Johnson County SEATS X X X X (urban area elderly & handicapped a transportation service) City Cab Company X X X (supplemental. SEATS service) a L' Is L • _. to it. 12 1i 1s. Nob: II the transit agency Itself operates" provides transit senlae, list It as 111 on this shah. ` •+epresents "surface public transportation provider" In accordance with Sedlon 13(c).. a- t ( 141CR0(ILNED BY ( JORM MICR6LA9 1 CEDAR RAPIDS • DES M018ES i I /3417 IF .•a UNION cooz TRANSIT OPERATIONS A•AM&4&y ed Transit Workers NOT UNDER CONTRACT E • AFECME c • Teamsters D • TrwgW Wadto a Union of Amada List traMM rpersdeft 315 82 •union coda u.. C-3 "a" it yn Z Uq�wggnlreunaMatalwwof ..'a" LLt W Irpa i small robaK rank pYraLa. non' ' . prollk frtrblb operationIn the fN a E e c • o i; o 5 0 0 • C City of Iowaitv union Low m • Ss a i n Urrfa Indparvillob boor Qof tmok ft of) Number s v Z v n° v• ¢ aL AaEfws i seewUrbanAm 183 B X X * Coralville Transit _ _ X * University of Iowa CAMBUS (incl. Bionic Bus) 1126 A X X X * Greyhound Bus Lines 1133 A X X X * Trailways Bus_ Lines 833 C X X X * Missouri Transit Lines _ _ X i Hawkeye Cab Co. _ _ X X City Cab Co. Rapids Airport limousine service) _ - X X Charter Coaches (Cedar - X University of Iowa Vanpool transportation) - X X Systems•Unlimited (Handicapped client Largo UrbertAno **Supplemental SEATS Contract ••represon ts "surface public transportation prodder" In accordance with Section ie(c) and that oparat as in any or ell of the same service area/ 3 i` 7 141CROFILRED BY � DORM MICREILAB- CEDAR RAPIDS DES MOINES ' r TRANSIT AGENCY (Applicant) ASSURANCES F Urban N IOWA CITY ation Act (Federal Project Number RPT -3715(009)--93-52-01 ) To the best of my knowledge, and based on the information submitted to the Iowa Department of Transportation, as an authorized represen- tative of the CITY OF IOWA CITY , I make the following assurances to the Iowa Department of Transpor- tation and the Federal Highway Administration: A. The applicant has the requisite fiscal, managerial, and legal cap- ability to carry out the Section 18 program and to receive and disburse Federal funds. S. Some combination of State, Local, and private funding sources has been committed to provide the required local share. C. The applicant organization has or will have by the•f:ime of delivery, sufficient funds to operate the vehicles and/or equipment purchased under this project, as applicable. D. The applicant assures affirmative compliance with Title YI of the Civil Rights Act of 1964 and related statutes. E. Private transit and paratransit operators have been afforded a fair and timely opportunity to participate to the maximum extent feasible in the provision.of the proposed transportation services by the applicant. F. The applicant will work to insure the continuation of existing transportation revenues to complement Section 18 funds. G. The needs of elderly and handicapped persons have been addressed by the applicant and service comparable to that available to ambu- latory persons is available, whether provided by the -applicant or other provider(s) in the service area. I. The applicant has complied, as applicable, with the labor protec- tion provisions of the Urban Mass Transportation Act, as amended. J. The applicant has complied with the applicable provisions of the guidelines (Federal Register, v.43, no.240, Wednesday, December 13; 1978, pp.58308-58310) and the Code of Iowa relative to charter bus and school bus operations. K. The applicant has or will keep all vehicles intended for passenger transportation open to the general public at all times and clearly mark such vehicles for public use, and shall include in any ma.�ket- ing effort, information �t1h�a1t the nservlilce is open to the public. VVLO�.1.( 1, '"I i�lli,t n�ila E 1 . Stgnatur Mary C. Neu auser Mayor Raceived $ Approved Title of Authorized official By The Lqgaf Department 19. 3_ Date X 13V7 MICRorlLMED BY j JORM MIC R(SL AB � j CEDAR RAVIDS - DCS MOINES 1 J r STA -OP: 6/82. IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT FOR THE STATE TRANSIT ASSISTANCE PROGRAM PART I: 1.0 General Provisions 2.0 Roles and Responsibilities of the Public Agency 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements ASSURANCES and CERTIFICATIONS: None Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: APPENDICES: 8.0 Contract Non -Performance B. Cost Principles (OMB A-87) (1/15/81) 9.0 Settlement of Disputes E. Audit Requirements (OMB A-102, Att.P), 10.0 Termination or Suspension of Project (10/22/79) 11.0 Renewal, Renegotiations, and G. Title VI, Civil Rights ` 1 , Modtficat*mrs J. Iowa DOT -IAC, Transportation Procure - 12.0 Hold Harmless ment, 820-[01,8] Chapter 2 13.0 Assignability and Subcontracting M. Iowa OOT -IAC, Advance Allocations 14.0 Interest and Prohibited Interest of State Transit Assistance 15.0 Additional Agreement Provisions Funding, 820-[09,B] Chapter 2 N. Iowa DOT -IAC, Financial Assistance, 82U••[09,B] Chapter 1 PART I: 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT THIS AGREEMENT, made and entered into this day of ,1982, by and between the IOWA RTMENT OF TRANSPORTATION, and agency of the State of Iowa, hereinafter called the "DEPARTMENT", and the CITY OF IMA CITY located at hereinatter called the "PUBLIC AGENCY". In consideration o the mutual covenants, promises and representations herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT from July 1, 1982 through June 30, 1983. /ZV7 I MICROFILMED BY I i -JORM MIC ROLAB ) CEDAR RAPIDS DES MOINES i r i 1 r STA -OP: 6/82 1.3 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by N.F. 850 1 pgrsT Session of the S - Genera Assemb y for CFERATIM PFJ=CrS as described in the application herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which funding will be orovided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: (a) REVENUE (for the purposes of Section 5.8 (0) of this AGREEMENT) - All revenue amounts collected from passen- gers directly at the point of service (the farebox) or through special passes sold to passengers, and all rev- enue amounts earned from contracts for service (based on units of service). (in accordance with object classes 401 and 402 as defined -in Volume TT u'tv,.- eport No. UMTA=11= (b) OPERATING EXPENSES - All eligible transit system expenses related to operating, maintaining and administering transit withaallnobjectas efined classesy501ethroughM'5112, 5T. 14 defineddefined in Volume'lI. Uniform System of Accounts and Record of the Urban maee T -UO-UUV4-77-1. (c) PROJECT - Specific element or task of this AGREEMENT described in Section 6.2 for which a maximum amount and participation percentage has been established. (d) CEILING AMOUNT - Maximum amount assigned to specific tasks or elements of this AGREEMENT, or for this AGREEMENT as a whole. 2 MICROS ILMED BY � JORM MIC ROLAEI 1 CEDAR RAPIDS - DES MOINES 1 i i /357 1 J r STA -OP: 6/82 �O (e) PARTICIPATION PERCENTAGE - The percentage which denotes the part or portion of the PROJECT or task which will be funded by any given funding source. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is C. Neuhauser atMa i.e., who has signory powers , 1.7 PROJECT MANAGER The project manager for this AGREEMENT on the staff of the PUBLIC AGENCY is Mike Prior Actin who is directly responsib a for the per ormance ca I I ed for in this AGREEMENT. 2.0 ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall perform such operations as stated in the AGREEMENT, or amendments to this AGREEMENT, for t which financial assistance is being provided by the DEPART - QC MENT pursuant to this AGREEMENT, and amendment, if any. �G XL.' 2.2, The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 2.3, The PUBLIC AGENCY shall commence to carry out the objec- tives as described in Section 5.8. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will fund the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any funding request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of funding to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assistance to the PUBLIC AGENCY as noted and detailed in Chapter 601J of the,Code of Iowa (1981). 3 MICROFILMED BY -JORM MICR6LAB 1 j CEDAR RAPIDS • DES MOINES t I _ a ifV7 J� STA -OP: 6/82 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all trans- portation -related costs, revenues, and operating sources are recorded so that they may be clearly identified, easily traced, and substantially documented. If the Uniform Data Management System developed by the DEPART- MENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above infor- mation is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Office of Manage- ment and Budget Circular A-87; Appendix B "Standards of Selected Items of Cost" made part of this AGREE- ment as Appendix B, with the exception of depreciation costs. Depreciation costs are not eligible for state funding. (B) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the starting date or after the ending date of this AGREEMENT (refer to Section 1.2) will be eligible for funding as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. 4 13,117 111CROEILMED BY I JORM MICRdLAG - 1 CEDAR RAPIDS - DES MOVIES r I i STA -OP: 6/82 tC 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made •a .part of this AGREEMENT. 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or nat- ional origin. The PUBLIC AGENCY shall take affirm- ative action to insure that applicants are employed, and that employees are treated during their employ- ment, without regard,to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, ^, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurement of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non- discrimination on the grounds of race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise In connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in j ( meeting its commitments and goals with regard to the 3 /3�/1 J 111CRDrILMED BY JORM MIC RbLAB � CEDAR RAPIDS DES 14014C5 I i � i ILL STA -OP: b/82 ' J • maximum utilization of - minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this contract. 5.8 CONTRACT OBJECTIVES Progress or attainment of the following enumerated contract objectives will, in part, determine the level of funding during the ensuing year. Acceptance of those items will be subject to verification of the financial and operating data supporting said items. Statistical Objectives: (A) Annual Ridership W 2,684,542 (B) Annual Ridership a 2,684,542 - 1.55 Ope rating Expense 1,730,824 (C) Annual Miles of Operation 798,285 x .46 Operating Expense 1,730,824 ?. (D) Revenue 645,000 = .37 L perat ng Expense 1,730,824 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the Department is the funding up to limits described in this AGREEMENT, as follows: 6.11 For each project in this AGREEMENT the DEPARTMENT will, upon receipt of sufficient documentation and appropriate request, fund the PUBLIC AGENCY for the lesser of the following two amounts: A. Ceiling amount established in this AGREEMENT for the project, as denoted in Section 6.21; or B. The amount corresponding to tfie DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.22. E 13 tjT % nICROf DIED BY p JORM MIC R#LA B J CEDAR RAPIDS DES I4014E5 1 � I j �J C RC1 STA -OP: 6/82 6.12 Advance allocations of state transit assistance funding will be made to the PUBLIC AGENCY in accord- ance with procedures denoted in 820-[09,8] Chapter 2, IAC, made part of this AGREEMENT as Appendix M. Section 2.2(1) of 820-109,8] Chapter 2, IAC (admini- strative rules for advance allocations), states that 25% of the total AGREEMENT amount will be paid to the PUBLIC AGENCY prior to or during each successive three month period. The following chart delineates the amount to be allocated to the PUBLIC AGENCY on a quarterly basis. Total State Transit Assistance Allocation-$ 137,940.00 100% 1st Quarter Advancement-$• 34,485.00 25% 2nd Quarter Advancement-$ 34,485.00 25% 3rd Quarter Advancement-$ 34,485.00 25% 4th Quarter Advancement-$ 34,485.00 25% If the total advance of the four quarters exceeds the amount eligible for payment under this AGREEMENT, repayment to the DEPARTMENT must accompany the end - of -the -year financial and statistical report, as cited in Section 2.9(1) of the rules for advance allocations. Also refer to Section 7.2 of this AGREEMENT. 0 6a 1 i 141CROFIL14ED BY I I_ JORM MICRdLA13 1 CEDAR RAPIDS DES MOI:JES I � 13V7 fr I r, cW STA -OP: 6/82 6.2 FINANCIAL LIMITS 6.21 The DEPARTMENT's participation in the PROJECT cost wilt be limited to the foll6'win9 funding criteria: 6.22 The DEPARTMENT shall verify and fund the eligible cost of the PROJECTS based on the following and up to 'the participation percentages denoted; if applicable: SPECIFIC LINE -ITEM DEPARTMENT's EXPENSES OR COST PARTICIPATION PROJECTS ALLOCATION FACTORS PERCENTAGE USED FOR THE PROJECTS if applicable) 1. Increase Evening a. Ridership on evening n/a Service Ridership routes will increase 308 aver FY 181 figure of 122,750. System will be paicl-$2,013.00 per per- centage point increase in evening ridership up to 29% and $2,012.00 for the 30th percentage point increase in same, to a MaxirRum of $60,389.00. Evening FA MICROFILMED BY i JORM MICR6LAB i ( CEDAR RAPIDS • DES M014E5 13!17 ii PROJECTS DEPARTMENT's CEILING AMOUNT 1. Increase Eveninq Service Ridership 60 389.00 2. Increase User Donation of E & H EKistinq service 27 000.00 3.pman -h d RL our Tr' Service 24 551.00 4. Expand E & H Service (SEATS and suppienentai Taxi) 6,000.00 5. mrketincr 4,000.00 6. Canaom Supplemental Service Contract 16 000.00 DEPARTMENT's TOTAL CEILING AMOUNT 137,940.00 6.22 The DEPARTMENT shall verify and fund the eligible cost of the PROJECTS based on the following and up to 'the participation percentages denoted; if applicable: SPECIFIC LINE -ITEM DEPARTMENT's EXPENSES OR COST PARTICIPATION PROJECTS ALLOCATION FACTORS PERCENTAGE USED FOR THE PROJECTS if applicable) 1. Increase Evening a. Ridership on evening n/a Service Ridership routes will increase 308 aver FY 181 figure of 122,750. System will be paicl-$2,013.00 per per- centage point increase in evening ridership up to 29% and $2,012.00 for the 30th percentage point increase in same, to a MaxirRum of $60,389.00. Evening FA MICROFILMED BY i JORM MICR6LAB i ( CEDAR RAPIDS • DES M014E5 13!17 ii r I I 0-4 SPECIFIC LINE -ITEM EXPENSES OR COST PROJECTS ALLOCATION FACTORS USED FOR THE PROJE la "STA -OP: 6/82 DEPARTMENT'S PARTICIPATION PERCENTAGE n/a n/a /307 MICROFILMED BY -JORM MICRbLAB CEDAR RAPIDS • DES MOINES 1 _ i service is defined as starting at 6:30pm. on three routes and 6: ,5pml. on the other four routes. 2. Increase User Dona- a. System will negotiate a tion on E 6 H Exis- contract with SEATS for ting Service regular and supplemental taxi service that require SEATS to provide I.C. Transit all trip sheets showing origin, destina- tiee, day/time for each ride and the total daily donation from all Iowa City riders: Contract will further rapine that user revenue from Iowa City riders impact dollar for dollar on the Iowa City contract amount for the next fiscal year, resulting in Iowa City contracting to pay SEATS a net cost. Upon District Manager approval of contract pria to execution, system will receive $10,000.00. b. Average donation/passen- ger for.I.C. users of SEATS and taxi will raise by 178 over FY 182.. System will receive $1,000.00 for each per - Cent the average donation is raised, to a Maximum of $17,000.00 a. 2 (tom) additional trip - 3. Expand Rush Hour per buses will operate an Tripper Service average of 5.05 hours/day, 89 days/year, 898.9 ad= ditional tripper hours/ year. Systen will be paid $1.18 per each ad- ditional tripper ser - la "STA -OP: 6/82 DEPARTMENT'S PARTICIPATION PERCENTAGE n/a n/a /307 MICROFILMED BY -JORM MICRbLAB CEDAR RAPIDS • DES MOINES 1 _ i fF r.. PROJECTS SPECIFIC LINE -ITEM EXPENSES OR COST ALLOCATION FACTORS 0 / 14ICROEILMED BY I JORM MIC R46L AB -1 1 � CEDAR RAPIDS •DES MOIRES ' i STA -OP: 6/82 DEPARTMENT'S PARTICIPATION PERCENTAGE 1 % vice ride, up to a Maximum of $24,551.00. 4. Expand E & H Service a. System will negotiate expanded contract with Johnson Co. SEATS to add 2 hours of service (7:00am. - 6:00pn.) for SEATS and supplenental taxi. Foreach addi.- tional ride provided under this contract over FY '82. System will receive $3.00, to a Maxi- mum of 1000 additional rides .($3,000.00). b. ,System will also analyze onzent E..& H service delivery, barparing the 2 -Modes, and receive $3,000.00 upon generating, an analysis for District Manager approval. 5:' Marketing a.. System will be reimbursed a Maxim= of $4,000.00 for Marketing expenses. -' per approved marketing plan submitted with application. 6. Caobus Supplemental a. Iowa City Transit and Service Contract Caclbus will negotiate a contract for supple- mental service on the Pentacrest route. Systen will receive $1000.00 fox execution of said con- tract with District Mans - ger approval prior to execution. �G b. Cambus Pentacrest route will provide 15% more rides in FY 183 than in FY '81.(334,384). For 0 / 14ICROEILMED BY I JORM MIC R46L AB -1 1 � CEDAR RAPIDS •DES MOIRES ' i STA -OP: 6/82 DEPARTMENT'S PARTICIPATION PERCENTAGE 1 /3P7 - MICROFIL14ED BY �. JORM-MICR#LAB CEDAR RAPIDS • DES MOINES � r LC. STA -OP: 6/82 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if the amount eligible to be paid equals zero dollars, there will be no funding by the DEPARTMENT for any such project (refer to Sections 6.1 and 6.2). 6.32 Funding requests by the PUBLIC AGENCY to the DEPART- MENT shall be made by PROJECT as outlined in Section 6.2. Funding -requests shall reflect costs incurred or performance attained, dependent on payment method (prescribed Section 6.22) toward each PROJECT. PROJECT overruns shall require a "change of work" request that has prior DEPARTMENT approval of the overrun. The DEPARTMENT's total ceiling amount shall not be increased by this provision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. 6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY AND SERVICE 6.51 The PUBLIC AGENCY will be responsible for securing proper auditing in accordance with OMB Circular A-102, Attach- ment P, paragraph 1 through 11 (Appendix E). 6.52 Two (2) copies of the audit prescribed in Section 6.51 of this AGREEMENT shall be sent to the DEPARTMENT by the PUBLIC AGENCY. The required Attachment P audit is to be submitted to the DEPARTMENT no later than one (1) year (a) from the end of the performance period (Section 1.2), or (b) from the date of the AGREEMENT termination, whichever is earlier. (Refer to Section 7.4 for the address.) Failure to furnish an acceptable audit as determined by the cognizant federal audit agency may be a basis for denial and/or refunding of state and federal funds. 6.53 All accounting practices applied and all records main- tained will be in accordance with generally -accepted accounting principles and procedures.. 6.54 The PUBLIC AGENCY shall require its contractors to permit •the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regard to the AGREEMENT. 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of the audit report. The PUBLIC AGENCY shall provide copies of said records and documents to the DEPART- MENT upon request. 8 MICROFILMED BY DORM MIC R(SLA B- 1 CEDAR RAPIDS • DES MINES. I i 1 r STA -OP: 6/82 6.56 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the PUBLIC AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.57 The PUBLIC AGENCY shall• permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 SPORTING R OUIREM NTS 7.1 QUARTERLY REPORTS The PUBLIC AGENCY agrees to supply a quarterly financial and non-financial operating statement along with a list of all funding sources and amounts utilizing the report forms supplied or approved by the DEPARTMENT. This material must be submitted to the DEPARTMENT within 30 days after each of the first three quarters. Failure to do so during the contract period may result in the establishment of a penalty or forfeiture clause in the following year's con- tract, at the discretion of the DEPARTMENT. 7.2 YEAR END REPORT At the end of the PROJECT period, the PUBLIC AGENCY must submit within 45 days a final invoice, a financial and non-financial operating statement showing the total transportation expense and revenue of the total transit system. Failure to do so will be grounds for forfeiture of the funding of the remaining portion of the PROJECT by the DEPARTMENT. 7.3 FUNDING INFORMATION 7.31 The PUBLIC AGENCY may submit quarterly progressive billings to the DEPARTMENT covering those eligible costs by project that have been incurred by the PUBLIC AGENCY. 111CROF1LMED BY 1 JORM MIC ROLAB i CEDAR RAPIDS DES MOVIES 1,907 1 „ STA -OP: 6/82 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to jus- tify and support said costs and payment for each project. 7.33 The financial and non-financial operating statement must accompany all requests for operating assistance ' and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and pro- jects as outlined in this AGREEMENT. 7.4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY concerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. 2nd Avenue, Des Moines, IA 50313. IN WITNESS WHEREOF, the parties hereunto have cause this AGREEMENT .to be executed by their proper officials thereunto duly authorized as of the dates below indicated. IN WITNESS,19 THEREOF, we hereunto set our hands this 941h day of August CITY CF ICM CITY PUBLIC TRANSIT DIVISION CIVIC CEM R IOWA DEPARTMENT OF TRANSPORTATION 410 E. WASRINGrON 5268 N.W. SECOND AVENUE Ia,A CITY, IA 52240 DES MOINES, IA 50313 Phone: (319) 356-5154 Phone: (515) Q28-1�4265 By: C By: T�— Mary C. euhauser, Mayor J n e S h Received & Approved g The legal Department 10 MICRorILMED BY CORM MIC RbG- -) CEDAR RAPIDS DES M0I9E5 l I i i RESOLUTION NO. 82-209 RESOLUTION AMENDING THE ADMINISTRATIVE CLASSIFICATION/COMPENSATION PLAN WHEREAS, Resolution No. 82-164 establishes a classification/compensation plan for Administrative employees for FY82, and WHEREAS, Police and Fire Department administrative salary ranges tradi- tionally have maintained a salary maximum equivalent to the highest actual employee salary in that range, and that actual salary is now lower than earlier projected. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY THAT Police and Fire Administrative salary ranges be amended as follows: 1. Range D1 Fire Marshal froto $201134,140$$283267820 2. Range E1 Police Sergeant fro 8 o $211652?0$2772680800 3. Range F1 o Police Captain frt$23,420.80-$29,328.00 4. Range F2 o Deputy Police Chief frt$23,420.80-$31,262.40 5. Range F3 Battalion Chief froom 48 o $239412?8$299294?726 6. Range Hl Fire Chief ftoo$277372?80$37/5236200 7. Range Jl tooPolice Chief from3$32,111.204$411932080 It was moved by Balmer and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 3rd day of August 1982. /31/f MICROFILMED By JORM MICR40LA13 1 CEDAR RAPIDS • DES MOINES XL h� Resolution Ne g2-9nq Page 2 MA OR ATTEST: CITY CLERK MIC111101D 11 JORM MICR#L CEDAR RAPIDS DES MO Received & Approved By The Legal Department /00 4 /' f 1'`''1 RESOLUTION NO. 82-210 WHEREAS, the City of Iowa City wishes to extend sanitary sewer service to certain property owned by Highlander, Inc., Westinghouse Learning Corporation and Bruce R. and Florence E. Glasgow, and WHEREAS, the parties have agreed to provide easements and to provide a share of the costs for the extension of said services including the construction of a lift station, and WHEREAS, it is in the public interest for the City of Iowa City to enter into an agreement to extend sewer services to the properties owned by the respective parties to the agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute an agreement by and between the City of Iowa City, Iowa, Highlander, Inc., Westinghouse Learning Corporation, and Bruce R. Glasgow and Florence E. Glasgow, and to do any and all other things necessary to carry out said agreement. It was moved by Balmer 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 3rd day of August 1982. D I AAI A1A MAYOR ATTEST: CITY CLERK Received & Apprrn ::S By The Legal Department J.- 14ICAO(IL14CD 6Y � 1 -JORM MICR61-AB- .� CEDAR RAPIDS • DES MOINES f � r AGREEMENT THIS AGREEMENT is entered into this day of , 1982, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "CITY"; Westinghouse Learning Corporation, a corporation, hereinafter referred to as "WESTINGHOUSE"; Highlander, Inc., an Iowa corporation, and Highlander Partnership, an Iowa general partnership, both referred to collectively as "HIGHLANDER"; and Druce R. Glasgow and rlorence E. Glasgow, husband and wife, of Iowa City, Johnson County, Iowa, hereinafter referred to as "GLASGOW". WHEREAS, the existing sanitary sewer facilities of CITY do not extend North of Interstate Highway 80 so as to serve the property of the other parties hereto; AND WHEREAS, the remaining parties and CITY desire to extend the sanitary sewer service facilities so the same are available for use by all parties hereto if they elect to so use the same; AND WHEREAS, CITY owns and maintains a sanitary sewer lagoon which serves the physical facilities of 'WESTINGHOUSE and CITY desires to abandon the same and to allow WESTINGHOUSE to utilize sanitary lines and facilities of CITY; AND WHEREAS, the parties hereby agree upon a procedure for the design, I construction, and installation of a sanitary sewer and lift station and a method for the payment and financing of the same through the sale by CITY of special assessment bonds and the payment for said project by all parties hereto other than the CITY through payment of a special assessment incurred for the financing of the sewer and sewer lift station; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. CITY shall contract with Shive-Hattery & Associates for the design of a sewer lift station, force main and sewer lines from the existing sewer lines to the lift station and sanitary sewer extension across Highway pl as more accurately described in `it 70 ' *, , MICROMMED BY JORM MICR(6LAB. i CEDAR RAPIDS DES MOINES 7 r I. -2- ExhibiL "A" attached hereto. The lift. station capacity shall be designed for an ultimate load capacity of 200 gallons per minute. 2. CITY will institute special assessment proceedings under Chapter 384 of the Code of Iowa, or other applicable provisions, to finance the design and construction of the lift station, the force main, and the sanitary sewer line fran the lift station to the HIGHLANDER property and to the WESTINGHOUSE property. CITY will sell special assessment bonds to cover the share of HIGHLANDER and GLASGOW's portions of the construction costs as set forth hereafter. 3. HIGHLANDER agrees to perform the following obligations: A. HIGHLANDER shall grant to the CITY such appropriate easements for the site of the lift station, access to the lift station, and sanitary sewer line fran the lift station to HIGHLANDER as more particularly described in Exhibit "R" attached hereto, which is incorporated by reference and made a part hereof. Plans and specifications for the sanitary sewer will be reviewed and approved by CITY. B. HIGHLANDER agrees to pay M of the total costs of the project, provided that the total costs do not exceed $250,000.00 (excluding sanitary sewer line fran WESTINGHOUSE facilities to the lift station). C. HIGHLANDER agrees to pay a tap -on fee to the City of Iowa City in the amount of $230.00 per acre, for 21.8 acres, to permit the CITY to comply with its obligations under an agreement with E. J. Corporation and American College Testing, Inc. for the collection of said tap -on fee. D. In paying 73% of the improvement costs through the special assessment procedure, HIGHLANDER agrees to waive the right to notice or to object to the amount of the assessment. 4. WESTINGHOUSE agrees to perform the following obligations: A. WESTINGHOUSE shall grant a 10 -foot wide permanent easement and a 25 foot wide temporary construction easement to the CITY for sanitary sewer line from WESTINGHOUSE facilities for the purpose of connecting to the sanitary sewer lift station. The easement will revert to WESTINGHOUSE should the sewer facility and lift station be abandoned. R. WESTINGHOUSE agrees to convey to GROLMUS as required by separate agreement between WESTINGHOUSE, GROLMUS and CITY a permanent non-exclusive easement required therein. C. WESTINGHOUSE agrees to pay the actual costs for the design and construction of the sanitary sewer line from WESTINGHOUSE facilities to the lift station upon the completion of the installation of the sewer line. Should said cost exceed $10,000.00, the CITY will pay said additional costs above $10,000.00. p MICROFILMED By J DORM .MIC R1dLA13- � CEDAR RAPIDS DCS MOINES � p, WEsfINGHOUSE ayrees to grant CITY a permanent easement more particularly described in Exhibit "E" attached hereto and by this reference made a part hereof, for the purpose of extending future sanitary sewer service to GLASGOW. The plans and specifications for the sewer referred to shall he OUSE nd CITY; approval shall wnot ed hbelunreasonably ahD ever, withheld. S. CITY agrees to perform the following obligations: A. To des gn and let the construction contracts for the lift station, force main and sewer line no later than ll• To deign the lift earanccti e withuch theageneral aestheticslOf theaorate its app the area. The contract documents will include plantings to be instal loadcafo�undrem view in a sufficient number . station so that it will be largely All ground cover at the lift station and sewage lines will be restored as nearly as possible to its present condition. CITY agrees to indemnify nde nifynandnes ohold harmless the party on whose property or damage to persons or are located for any injury property that may occur by reason of the construction activities being carried on by CITY. C. WESTINGHOUSE's share of the project costs will be paid by CITY. CITY will pay a total of 20% of the project costs, exclusive of the sanitary sewer line from WESTINGHOUSE facilities to the lift station. p, CITY agrees to accept easements, maintenance responsibilities for the lift station, force mains, and sanitary facilitiessofuHIGHLANDERI,eWESTINGHOUSEnandofrom he existing GLASGOW property after its development. E. CITY agrees to maintain and pay all operating costs for the lift station, force main and ea ssanitary nitary ssewer mains over which the CITY has public F. CITY will enter into an agreement with WESTINGHOUSE GIld GROLMUS (property owners of property abutting OUSE property on the West), a copy of said agreement being attached hereto as Exhibit "F" and by this reference made a part hereof. G. CITY agrees to remove the existing sanitary sewer lagoon on GROLMIIS property and grade the site and restore it to its original condition prior to the installation of said sewer lagoon. The costs thereof shall be paid by CITY and Id within Ninety (90) days after the same shall be complet completion of the sanitary sewer line from WESTINGHOUSE the lift station. Upon completion of the sewer prof e a LMUS and transfer all lofxits tr the CITY interestsuit Cinme thepr property ed to 0formerly containing the WESTINGHOUSE sewer lagoon. wz MICROFILMED BY ` J "JORM MIC RbLAB J CEDAR RAPIDS DES MOINES I r H. CITY agrees to pay the tap -on fee of $230.00 per acre due frun WESTINGHOUSE under the CITY agreements with E. J. Corporation and American College Testing, Inc. for collection of certain tap -on fees. 1. CITY will institute the required special assessment proceedings promptly in the manner required for the financing of this project as set forth in this agreement. 6. GLASGOW agrees to perform the following obligations: A. GLASGOW agrees to pay 7% of the project costs by paying that percentage of the special assessments established for the financing of the project pursuant to this agreement. B. GLASGOW agrees to convey the land more particularly described in Exhibit "D" to WESTINGHOUSE. C. GLASGOW agrees to pay $230.00 per acre for 2.9 acres to CITY for the tap -on fee required under the agreement with E. J. Corporation and American College Testing, Inc. for the collection of tap -on fees. D. In paying its share of the improvements under the special assessment procedure, GLASGOW agrees to waive his rights to notice or to object to the. amount of the assessment. 7. The term "cost" when used herein shall mean the total design cost plus final construction costs of the lift station and sewer or force main. 8. CITY agrees that it will not permit any property which is annexed to the City of Iowa City, either voluntarily or involuntarily, subsequent to the execution of this agreement, to "hook onto" or utilize the sewer constructed pursuant to this agreement without payment by the CITY to the parties hereto of an amount equal to $2,120.00 per acre for each acre included in the annexed tract. The amount thus received will be distributed among and between the parties to this agreement, paying each their proportionate share based upon the percentage costs which they have expended for the construction of this sewer; that is, 73% to HIGHLANDER, 7% to WESTINGHOUSE, and 20% to CITY. 9. This agreement shall be binding upon the heirs, assigns, transferees, and successors in interest of the parties hereto. 10. This agreement is subject to performance of the following conditions, which are prerequisites to the agreement being enforceable as it applies to any parties hereto: A. Approval of the proposed HIGHLANDER Subdivision of a portion of the HIGHLANDER tract, as shown on Exhibit "G". B. Execution by GROLMUS, WESTINGHOUSE and CITY of a separate agreement providing GROLMUS with a 60 -foot wide easement through WESTINGHOUSE property to GROLMUS property, upon 1 - ..... c.'. _s .!'.iT1Q.w`..3.%•./.t-. i-:T.r T,., if;. .::. �i i'.'^`""nWS.AiA1rYCt7�r�fG.iwe.t.i�i'�iF.�.Jt%i MICROFILMED BY _I J JORM MIC R(li/LAB J � CEDAR RAPIDS • DES MOINES � i I ■•. -5- the terms and conditions set forth in the agreement, a copy of which is attached hereto as Exhibit "I"'. C. That the total costs of the project do not exceed $250,000,00, exclusive of the sanitary sewer line from WESTINGHOUSE facilities to the lift station. D. That the CITY adopts a new tap -on sewer fee ordinance. E. Approval by HIGHLANDER of location of lift statio;i. 11. The CITY of Iowa City in the adoption of a new tap -on sewer ordinance agrees to apply that ordinance in an attempt to collect tap -on fees by those parties who utilize the sewer, other than the parties to this agreement, for the purpose of collecting funds to reimburse the parties hereto for their costs of the construction of the Sewer, said reimbursement to be made in the sane percentages as each party contributed toward the payment of the construction or project costs. It is understood that the CITY does not guarantee its legal authority to collect said tap -on fees, and if the validity of said tap -on fee ordinance or the attempt to enforce the same as it applies to the sewer project constructed herein is challenged by any party, CITY shall not be required to defend the same, but the costs thereof shall be paid by such parties to this agreement who wish to litigate the enforceability of the tap -on fee. 12. "GROLMUS" as used herein refers to the heirs of James Grolmus, who are the owners of the tract upon which the WESTINGHOUSE sewer lagoon is located. i In ,+e— r-.nh,+rtn RT t•.^Sr^. ^n T;i"M'q^^Fu'NVt 1� 1�� iT'n"T^+[. r�c•1si + t i - +: -.,t:c � .. :��:•.. :.vti�y,r. ^r,^t....:jn ,..s;crJ9:�1::::,L...3�dG�eiRlttx�rtt+x�GT.6�'01&5�7.t'k�Sri1i1R�^..�as'.Gr+iamAflti4:1W� t � MICROFILMED BY - � "'DORM -MIC RbLAB� CEDAR RAPIDS DES MOINES } r AGREEMENTS/CONTRACTS Attached are j unexecuted copies of 1,1 as signed by the Mayor. After' their/ execution by the second party, please route Z) CC�l - ILrLLE�c/ 4) 5) is to be responsible for completion of this procedure. o ort d Abble Stolfue, CMC City Clerk A i MICROFILMED BY JORM MICR#LAB- CEDAR RAPIDS DES MDIAES S C•'•,t, � r Imo_ RESOLUTION NO. 82-210 WHEREAS, the City of Iowa City wishes to extend sanitary sewer service to certain property owned by Highlander, Inc., Westinghouse Learning Corporation and Bruce R. and Florence E. Glasgow, and WHEREAS, the parties have agreed to provide easements and to provide a share of the costs for the extension of said services including the construction of a lift station, and WHEREAS, it is in the public interest for the City of Iowa City to enter into an agreement to extend sewer services to the properties owned by the respective parties to the agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute an agreement by and between the City of Iowa City, Iowa, Highlander, Inc., Westinghouse Learning Corporation, and Bruce R. Glasgow and Florence E. Glasgow, and to do any and all other things necessary to carry out said agreement. It was moved by Balmer and seconded by Lynch the Resolution be adopted, and upon r3TT call there were: AYES: NAYS: ABSENT: x Balmer x Dickson X —" Erdahl x Lynch McDonald Neuhauser y_ Perret Passed and approved this 3rd day of August 1982. OR ��-1 l cL� eA / MAYOR ATTEST: l� C TY CLERK Received b Apprevc:i By The legal Department A '7130/ 3o z T I416RDrILMED BY -JORM MIC RlI/LA B� CEDAR RAPIDS DES MOINES ( i r AGREEMENT THIS AGREEMENT is entered into this __ day of _ 1982, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "CITY"; Westinghouse Learning Corporation, a corporation, hereinafter referred to as "WESTINGHOUSE"; Highlander, Inc., an Iowa corporation, and Highlander Partnership, an Iowa general partnership, bath referred to collectively as "HIGHLANDER"; and Bruce R. Glasgow and hlorer,ce E. Glasgow, husband and wife, of Iowa City, Johnson County, Iowa, hereinafter referred to as "GLASM14". WHEREAS, the existing sanitary sewer facilities of CITY do not extend North of Interstate Highway 80 so as to serve the property of the other parties hereto; AND WHEREAS, the remaining parties and CITY desire to extend the sanitary seo-,er service facilities so the same are available for use by all parties hereto if they elect to so use the same; AND WHEREAS, CITY owns and maintains a sanitary sewer lagoon which serves the physical facilities of WESTINGHOUSE and CITY desires to abandon the same and to allow WESTINGHOUSE to utilize sanitary lines and facilities of CITY; AND WHEREAS, the parties hereby agree upon a procedure for the design, construction, and installation of a sanitary sewer and lift station and a method for the payment and financing of the same through the sale by CITY of j special assessment bonds and the payment for said project by all parties hereto other than the CITY through payment of a special assessment incurred for the financing of the sewer and sewer lift station; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. CITY shall contract with Shive-Hattery & Associates for the design of a sewer lift station, force main and sewer lines from the existing sewer lines to the lift station and sanitary sewer extension across highway H1 as more accurately described in ' � bq+.. -... 1- 1 : r, [.:, T.-y^r�^ r. r ..�r. J.�A.'^i•. o-.r+d.^' �..i� Zli'!1 �.+.. .: T ,YnT: �....TgCjt p� .-.— MICROrILMED BY i JOR M- MIC R#L-AO l CEDAR RAIDS DES MOInES I I Mi r -2- Exhihit "A" attached heretn. The lift station capacity shall be designed for an ultimate load capacity of 200 gallon,. per minute. 2. CITY will institute special assessment proceedings under Chapter 384 of the Code of Iowa, or other applicable provisions, to finance the design and construction of the lift station, the force main, and the sanitary sewer line fran the lift station to the HIGHLANDER property and to the WESTINGHOUSE property. CITY will sell special assessment bonds to cover the share of 11IGHLANDER and GLASGOW'S portions of the construction costs as set forth hereafter. 3. HIGHLANDER agrees to perform the following obligations: A. HIGHLANDER shall grant to the CITY such appropriate easements for the site of the lift station, access to the lift station, and sanitary sewer line from the lift station to HIGHLANDER as more particularly described in Exhibit "D" attached hereto, which is incorporated by reference and made a part hereof. Plans and specifications for the sanitary sewer will be reviewed and approved by CITY. B. HIGHLANDER agrees to pay 73;; of the total costs of the project, provided that the total costs do not exceed $250,000.00 (excluding sanitary sewer line from WESTINGHOUSE facilities to the lift station). C. HIGHLANDER agrees to pay a tap -on fee to the City of Iowa City in the amount of $230.00 per acre, for 21.8 acres, to permit the CITY to comply with its obligations under an agreement with E. J. Corporation and American College Testing, Inc. for the collection of said tap -on fee. D. In paying 73% of the improvement costs through the special assessment procedure, HIGHLANDER agrees to waive the right to notice or to object to the amount of the assessment. 4. WESTINGHOUSE agrees to perform the following obligations: A. WESTINGHOUSE shall grant a 10 -foot wide permanent easement and a 25 foot wide temporary construction easement to the CITY for sanitary sewer line from WESTINGHOUSE facilities for the purpose of connecting to the sanitary sewer lift station. The easement will revert to WESTINGHOUSE should the sewer facility and lift station be abandoned. B. WESTINGHOUSE agrees to convey to GROLMUS as required by separate agreement between WESTINGHOUSE, GROLMUS and CITY a permanent non-exclusive easement required therein. C. WESTINGHOUSE agrees to pay the actual costs for the design and construction of the sanitary sewer line from WESTINGHOUSE facilities to the lift station upon the completion of the installation of the sewer line. Should said cost exceed $10,000.00, the CITY will pay said additional costs above $10,000.00. u4 -11 r .. •'R .r .:j (,_. lJ• 'i�l f; [I`, l:I 141CRDEIL111D DY 1 JORM-MICR46LAB CEDAR RAPIDS • DES MINES I i r -3- D. WESTING11olisE agrees to grant CITY a permanent easement more particularly described in Exhibit "E" attached hereto and by this reference made a part hereof, for the purpose of extending future sanitary sewer service to GLASGOW. The plans and specifications for the sewer referred to shall De reviewed by WESTINGHOUSE and CITY; however, approval shall not be unreasonably withheld. 5. CITY agrees to perforin the following obligations: A. To design and let the construction contracts for, the lift station, force main and sewer line no later than U. To design the lift station in such a manner that it will incorporate its appearance with the general aesthetics of the area. The contract documents will include plantings in a sufficient number to be installed around the lift station so that it will be largely obscured fran view. All ground cover at the lift stition and sewage lines will be restored as nearly as possible to its present condition. CITY agrees to indemnify and hold harmless the party on whose property the sewer lines or lift station are located for any injury or damage to persons or property that may occur by reason of the construction activities heing carried on by CITY. C. WEST INGHOUSE's share of the project costs will be paid by CITY. CITY will pay a total of 20% of the project costs, exclusive of the sanitary sewer line from WESTINGHOUSE facilities to the lift station. D. CITY agrees to accept easements, maintenance responsibilities for the lift station, force mains, and sanitary sewer mains running to the lift station from the existing facilities of HIGHLANDER, WESTINGHOUSE and from GLASGOW property after its development. E. CITY agrees to maintain and pay all operating costs for the lift station, force main and sanitary sewer mains over which the CITY has public easements. F. CITY will enter into an agreement with WESTINGHOUSE and GROLMUS (property owners of property abutting WESTINGHOUSE property on the West), a copy of said agreement being attached hereto as Exhibit "F" and by this reference made a part hereof. G. CITY agrees to remove the existing sanitary sewer lagoon on GROLMUS property and grade the site and restore it to its original condition prior to the installation of said sewer lagoon. The costs thereof shall be paid by CITY and the same shall be completed within Ninety (90) days after completion of the sanitary sewer line from WESTINGHOUSE to the lift station. Upon conpletion of the sewer project, the CITY will execute a Quit Claim Deed to GROLMUS and transfer all of its interests in the property formerly containing the WESTINGHOUSE sewer lagoon. Ii ��.q.... .;, . r: rr .:a.+r o_.:r r..- r _y_;� q '. ,.�.,,�.+ l,yc......, .•T ��.� !^L'r i'-•--. •. irr.�-^.r-n r Ta7f; •rnn:rT �� . ..... ... .: .. ,:t.:".1: '. J,_ ^P:.TI SA!�'K.".,2. .ti'::.f44"dF3�RC,.t.;t.+�YL'd3'>:1i4.T.w�`l:l'!'.•».,.�..."76t;4':""'�'.YiG'h�7 1 MICROFILMED BY r � I -CORM MIC R16LAB ) ,j CEDAR RAPIDS • DES MOINES I r ' r I., r -n- H. CITY agrees to pay the tap -on fee of $230.00 per acre due from WESTINGHOUSE under the CITY agreements with E. J. Corporation and American College Testing, Inc. for collection of certain tap -on fees. 1. CITY will institute the required special assessment proceedings promptly in the manner required for the financing of this project as set forth in this agreement. 6. GLASGOW agrees to perform the following obligations: A. GLASGOW agrees to pay 7% of the project costs by paying that percentage of the special assessments established for the financing of the project pursuant to this agreement. B. GLASGOW agrees to convey the land more particularly described in Exhibit "D" to WESTINGHOUSE. C. GLASGOW agrees to pay $230.00 per acre for 2.9 acres to CITY for the tap -on fee required under the agreement with E. J. Corporation and Anierican College Testing, Inc. for the collection of tap -on fees. D. In paying its share of the improvements under the special assessment procedure, GLASGOW agrees to waive his rights to notice or to object to the amount of the assessment. 7. The term "cost" when used herein shall mean the total design cost plus final construction costs of the lift station and sewer or force main. 8. CITY agrees that it will not permit any property which is annexed to the City of Iowa City, either voluntarily or involuntarily, subsequent to the execution of this agreement, to "hook onto" or utilize the sewer constructed pursuant to this agreement without payment by the CITY to the parties hereto of an amount equal to $2,120.00 per acre for each acre included in the annexed tract. The amount thus received will be distributed among and between the parties to this agreement, paying each their proportionate share based upon the percentage costs which they have expended for the construction of this sewer; that is, 731, to HIGHLANDER, 7% to WESTINGHOUSE, and 20% to CITY. 9. This agreement shall be binding upon the heirs, assigns, transferees, and successors in interest of the parties hereto. 10. This agreement is subject to performance of the following conditions, which are prerequisites to the agreement being enforceable as it applies to any parties hereto: A. Approval of the proposed HIGHLANDER Subdivision of a portion of the HIGHLANDER tract, as shown on Exhibit "G". 8. Execution by GROLMUS, WESTINGHOUSE and CITY of a separate agreement providing GROLMUS with a 60 -foot wide easement through WESTINGHOUSE property to GROLMUS property, upon ...... �.. .. .... . ...... .... ,. .,p• y,1,:;FP,..-, ..)':': IR•-»_..-••;,.,f}r :-:: nj< r ;...,, ,..+ ..;::. � ff•O'P,; ., iMi n..r f� .✓ j M16ROrILITC) BY JOREDAM NAPIDS'CR6LDA13 DES 11, r -5- the terms and conditions set forth in the agreement, a copy of which is attached hereto as Exhibit "P. C. That the total costs of the project do not exceed $250,000.00, exclusive of the sanitary sewer line from WESTINGHOUSE facilities to the lift station. O. That the CITY adopts a new tap -on sewer fee ordinance. E. Approval by HIGHLANDER of location of lift station. 11. The CITY of Iowa City in the adoption of a new tap -on sewer ordinance agrees to apply that ordinance in an attempt to collect tap -on fees by those parties who utilize the sewer, other than the parties to this agreement, for the purpose of collecting funds to reimburse the parties hereto for their costs of the construction of the sewer, said reimbursement to be made in the same percentages as each party contributed toward the payment of the construction or project costs. It is understood that the CITY does not guarantee its legal authority to collect said tap -on fees, and if the validity of said tap -on fee ordinance or the attempt to enforce the same as it applies to the sewer project constructed herein is challenged by any party, CITY shall not be required to defend the same, but the costs thereof shall be paid by such parties to this agreement who wish to litigate the enforceability of the tap -on fee. 12. "GROLMUS" as used herein refers to the heirs of James Grolmus, who are the owners of the tract upon which the WESTINGHOUSE sewer lagoon is located. �... .,n•r 1.7_ r'a'n -r.,.. ... L.. '•,•-.+-"'�Y.:�! err.+•'.,;.. -.'IT .�,n„^, T'^• ^M. ,. t ._.. ,,,.. I.i i:.•T _i'i'!!".'bSi.T!,'}'a7lSF�a..i�.i'l.”a'�nii['.�.�.�'Y'..i:.T_!';Id!L.'.'.'.Y 2?IN.JA'Ri!�71:Si�J4 MICAOFILMED BY F j --JORM MIC R#LAd 1 ' CEDAR RAPIDS • DES MOINES 7 r L D -6- HIGHLANDER, INC. BY: P J HIGHLANDER PARTNERSHIP BY: PRNER WESTINGHOUSE LEARNING CORPORATION BY: BY: BY: AT1 CITY OF IOWA CITY l BRUCE R. GLASGOW y..nyh Yom; f <Airf S• ffl i ff h rsflr .rry O f r � y• y.h•-f. . ...tt+,P .. -.r�r •r 'ra':: rr ttl..^[nn f. M'+h ikri, it •.. �� i,.;,_`^.._ ... t.t. ....-i ..:. .'':'"�,....;: ».�,.. _:L mr..,M.'•: ��.�.!:�.^..'�'�'�,±'.a`.�^•.s".!i'Yt'.i7Aii�lO.[�t'F!Ste i MICROFILMED BY I 1. JORM MIC R46LA13 CEDAR RAPIDS • DES MOINES ! -6- HIGHLANDER, INC. BY: P HIGHLANDER PARTNERSHIP BY :— PKR79ER WESTINGHOUSE LEARNING CORPORATION BY: BY: CITY OF IOWA CITY BY AT' BRUCER. GLASGOW GLASGOWFLOUNCE L. f'f 1,35 0 L.,�„r.un�w.i..., ., f :: ♦ :... .�:.... , t .. iTltji �l 1 '. i. [ , fK,Yr ; Pr%li"I'f ,i Rf';'jil It(RRf' ,).. G.'fi�itt•'1 :. .:' • 1�1 II 1�. 1 1 I ) 1 [ ` 1.1 [t [ K ) 11 [,t t .�.xhii�, a.Y.'-._,,.u+i>Ps^r�.tea,k->~•x,Htl::X7S:"'.'P_:'^�'SR.'S"ld�'1Lyii'.?a�.�'� s� �`=• �;"'7[�.9f�`�.d�4,i�T�ffi4St 1 • 1 i RICAOEILMED BY -� JORM MICROLA13 1 f CEDAR RAPIDS DES hIOlYES I ! I \ � li r (' �? HEWLETT PACKARD MIDWEST SALES REGION• 5201 Tollview Drive, Rolling Meadows, Illinois 60006, Telephone 312 255 9800 July 22, 1982 Mr. R. McGurk Mr. D. Jones Highlander Inn Highway 1 and Interstate 80 Iowa City, Iowa 52240 Dear Sirs: The Hewlett Packard Company has been looking for a suitable site in the Iowa City or Coralville area to relocate and enlarge our current office. Over the past eighteen (18) months we have investigated many possible relocation options on buildings and potential building sites. The only location that satisfied our Company requirements was a site next to the Highlander Inn. Eight (8) months ago, when the Hewlett Packard people in Iowa City first visited with you, both parties agreed that the site near the Highlander Inn would be an ideal location for Hewlett Packard and our company would be a valuable asset in aiding in the development of the area. At that time, you proceeded with the necessary tasks needed to prepare your site and we began processing plans for a building. We were very pleased that our mutual efforts were progressing positively. We were pleased that we had found an excellent location that would serve our customers well and keep our employees happy by continuing to operate in the Iowa City area. Eight months have passed since that initial meeting, and we do not seem to have progressed at all toward starting a new building. Our office staff continues to grow in Iowa City and we are approaching- our pproaching"our space limits once again at our present location. We currently employ thirty three (33) people in Iowa City. We plan to add several additional people over the next few months and our potential growth for the next three years should bring us to a total of.over 75 employees. I am certain you must understand that with this rate of growth, we cannot afford to continue waiting indefinitely for yourselves and the Iowa City government to decide if this location will be made available for our new office. While the location is very desirable and we would very much like to remain citizens of the Iowa City busisness community, the delays with this project have caused us great concern. Consequently, we have been forced to consider other alternatives, including that of moving from the Iowa City area. It is our sincere hope that agreements between all parties 1 111CROEILRED BY I DORM MIC R#L A0 1 CEDAR RAPIDS • DES MOINES 1 i I /356' 11 concerned can be reached very soon as the time frame for making decisions is growing short. We hope we can hear some favorable news from you shortly. Very Truly Yours, Walter Wallin ZONE GENERAL MANAGER WW/sek cc: Jerry Fagerland Fred Harvey /360 - 141CROEILMED BY �. "JORM- MICR#LA9 --,� I J CEDAR RAPIDS DES MOIYES I