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
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Mayor
Attest:10y` A '
City Clerk
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MICROFILMED BY
' mac.•,. i � �JORM MIC ROI.AB-
CEDAR RAPIDS D[5 MOINES
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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
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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:
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141CROFILMED BY
JORM MICFZ6LA6
CEDAR RANDS • 0BMO MES.
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Resolution No. 82-199
Page 2
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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
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C TY CLERP�
�wMd 'i Approved
BY Legatl Dope-h-wnt
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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`
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MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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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
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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
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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
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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:
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rtmen ,of Planning
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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dedication and said acceptance As recorded in the Johnson
County Recorder's office.
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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
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City.
Dated this 4212'day of , 1982.
�uu,, !� l ..•7S<
FAYE E L20�
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DEWEY ELLIOTT
BET' SE'LA��
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Future Dedication Storm Water
Sedlacek Subdivision
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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,
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personally appeared BETTY SEDLACEK, to me known to be the identical
person named in and who executed the within and foregoing
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instrument, to which this is attached, and acknowledged that
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she executed the same as her voluntary act and deed.
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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
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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
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MAYOR
ATTEST: aa.
CITY CLERK
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MICIIIIII4E11 BY
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CEDAR RAPIDS • DES MOIYEB
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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
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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:
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CITY CLERK
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By Th L. al
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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:
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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
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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
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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
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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.
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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.
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Published upon order of the City Council of
Iowa City, Iowa.
&-
Abbie Sto fus
City Clerk of Iowa City, Iowa
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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
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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.
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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.
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Abbie Stolfus
City Clerk of Iowa City, Iowa
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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.
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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
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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
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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.
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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�
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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.
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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.
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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
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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.
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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
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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.
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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.
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( 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
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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.
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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.
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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
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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
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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
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141CR0(ILNED BY
( JORM MICR6LA9 1
CEDAR RAPIDS • DES M018ES
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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
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union
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Number
s
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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
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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.
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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
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�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
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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
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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
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JORM MIC RbLAB
� CEDAR RAPIDS DES 14014C5 I
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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
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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
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CEDAR RAPIDS DES MOI:JES
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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
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( CEDAR RAPIDS • DES M014E5
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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
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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
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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 -
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DEPARTMENT'S
PARTICIPATION
PERCENTAGE
n/a
n/a
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PROJECTS
SPECIFIC LINE -ITEM
EXPENSES OR COST
ALLOCATION FACTORS
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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
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DEPARTMENT'S
PARTICIPATION
PERCENTAGE
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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.
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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
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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.
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WESTINGHOUSE LEARNING CORPORATION
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(' �? 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
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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
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