HomeMy WebLinkAbout1982-12-21 Resolutionr
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RESOLUTION NO. 82-296
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Micky's at 11 S. Dubuque
In Iowa City, Iowa, has surrendered cigarette permit No. 83-102
expiring
June 30 ly 83 , and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 83-102 issued to Micky's
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they
are hereby
authorized and
directed to draw a warrant on the General
Fund in theamount
of
$ 50.00
, payable. to James Mondanaro
as a refund on
cigarette permit No. 83-102
It was moved by Dickson and seconded by
Erdahl
that
the Resolution
as read be adopted, and upon roll call
there were:
AYES: X&Y§.i. ABSENT:
Balmer
X
Dickson
x
Erdahi
x
Neuhauser
X
Perret
X
LYNCH
X
McDonald
x
Passed
and approved this 21st day of
December
19 82 .
Mayor pro f,
Attest: Z7!JI�4e �J a/l
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RESOLUTION NO. 82-297
RESOLUTION TO REFUND CIGARETTE PERMIT
WHEREAS, Second Avenue Restaurant at 1010 2nd Avenue
in Iowa City, Iowa, has surrendered cigarette permit No. 83-40 , expiring
June 30 19 83 and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 83-40 , issued to Second Avenue Restaurant
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized and directed to draw a warrant on the General Fund in the amount of
g 50.00 payable to Hawkeye Amusement
as a refund on cigarette permit No. 83-40
It was moved by Dickson and seconded by Erdahl that
the Resolution as read be adopted, and upon roll call there were:
AYES: JUL ABS.N%
Balmer x
Dickson x
Erdahl x
Neuhauser x
Perret
LYNCH x
McDonald x
Passed and approved this 21st day of December , 1982
Mayor 'proI fern
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RESOLUTION NO. 82-298
RESOLUTION ACCEPTING THE PAVING AND STORM SEWER FOR
OAKES MEADOW ADDITION TO THE CITY OF IOWA CITY AS
CONSTRUCTED BY METRO PAVERS, INC. OF IOWA CITY, IOWA
WHEREAS, the Engineering Division has certified that the following
improvements have been completed in accordance with the plans and
specifications of the City of Iowa City,
The paving and storm sewer for Oakes Meadow Addition to the City
of Iowa City as constructed by Metro Pavers, Inc., of Iowa City,
Iowa..
AND WHEREAS, maintenance bonds have been filed in the City Clerk's
office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be accepted by the City of Iowa City.
It was moved by Dickson and seconded by Erdahl
that the resolution as read be a opted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Balmer
X
__ Dickson
x
F.rdahl
X
Lynch
x
McDonald
_ x Neuhauser
x
Perret
Passed and approved this 21st day ofDecember , 19 82.
I -W1 ITLVV' t
MAYOR Proafem
ATTEST: ) �S �O�ui� �ircai:rri ': r^.;'Pntvr,
At CITY CLERK ��—y By tT�hoo Leclal vcpadntent
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CSF IOWA CITY
CITY 0
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500
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ENGINEER'S REPORT
December 8, 1982
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans
r and specifications of the Engineering Division . the City Of Iowa
City. The required maintenance bond is on file in the City Clerk's
office.
The paving and storm sewer for Oakes Meadow Addition to the City
of Iowa City as constructed by Metro Pavers, Inc., of Iowa City,
Iowa.
I hereby recommend that the above mentioned improvements be accepted
by the City of Iowa City.
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II Frank K. ''Farmer V
City Engineer
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RESOLUTION NO. 82-299
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A RIGHT OF WAY
ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS
WHEREAS, the Iowa Department of Transportation requires cities to
comply with the provision of the 1970 Uniform Relocation Assistance and
Land Acquisition Policies Act by furnishing assurances concerning
acquisition of right of way for highway projects funded with Federal Aid
funds to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the Mayor is hereby authorized to sign a right of
way assurance statement for Federal Aid Projects.
It was moved byDickson and seconded b
that the Resolution be adahl
dopted and upon roll call there W_y En__
AYES: NAYS: ABSENT:
x BALMER
x DICKSON
x ERDAHL
x LYNCH
x -- McDONALD
X NEUHAUSER
x PERRET
Passed and approved this 21st day of December
i 1982.
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MAYOR pro fem
ATTEST: ,' ERK _��''
� CLERK
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Proceedings to Proceed
With Issuance and Sale
Iowa City, Iowa
December 21, 1982
The City Council of Iowa City, Iowa, met in regular
session on the 21st day of December, 1982, at 7:30 o'clock p.m.
at the Civic Center in the City pursuant to law and to the
rules of said Council. The meeting was called to order and
there were present David Perret Mayor in the Chair, and the
following named Council Members:
Balmer Dickson Erdahl. Lynch. McDonald
Absent: Neuhauser
The City Council investigated and found that notice of
intention to issue Industrial Development Revenue Bonds (Iowa State
Bank 5 Trust Company Project) in an aggregate principal amount not
to exceed $3,500,000 had, as directed by the City Council, been
duly given according to law.
This being the time and place specified in the notice
for the conduct of a public hearing on the proposal to issue such
Bonds, the Mayor announced that all local residents attending the
hearing would now be given an opportunity to express their views
for or against the proposal to issue the Bonds. The following
local residents attending the hearing expressed their views as
follows:
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After all local residents who appeared at thehearing
who desired to do so had expressed their views for McDonald
against
the proposal to issue the Bonds, Council Member
introduced a Resolution entitled:
"Resolution to Proceed with the Issuance and
Sale of Industrial Development Revenue Bonds
(Iowa State Bank & Trust Company, Project) in
an aggregate principal amount not to exceed
$3,500,000"
and moved its adoption, seconded by Council Member Balmer
After due consideration of said Resolution by the Council, the
Mayor put the question on the motion and upon the roll being called,
the following named Council Members voted:
Ayes: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald
Nays: None
Whereupon the Mayor declared said Resolution duly
adopted and approval was signed thereto.
Attest:
City Clerk
(Seal)
Mayor Pro tem
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RESOLUTION 82-300
Resolution to Proceed with Issuance and Sale
of Industrial Development Revenue Bonds
(Iowa State Bank & Trust Company Project)
in an aggregate principal amount not to exceed $3,500,000
WHEREAS, the City of Iowa City, Iowa, in the County of
Johnson, State of Iowa (the "Issuer") is an incorporated municipality
authorized and empowered by the provisions of Chapter 419 of the Code
of Iowa, 1981, as amended (the "Act") to issue revenue bonds for
the purpose of financing the cost of acquiring, by construction or
purchase, land, buildings, improvements and equipment, or any interest
therein, suitable for the use of commercial enterprises which the City
Council of the Issuer as the governing body, finds is consistent
with an urban renewal plan, adopted by the Issuer pursuant to
Chapter 403 of the Code of Iowa; and
WHEREAS, the Issuer has adopted an Urban Renewal Plan
Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban
Renewal Area designated therein (the "Urban Renewal Area") and
in furtherance of its efforts to carry out the Urban Renewal Plan
the Issuer has been requested by Iowa State Bank & Trust Company
(the "Company") to issue its Industrial Development Revenue Bonds
to finance certain improvements and equipment (the "Project")
suitable for use by the Company in its commercial enterprise to be
located within the Urban Renewal Area of the Issuer, which will
employ substantial numbers of people from and near the Issuer with
the resulting increased employment, substantial payrolls and other
public benefits flowing therefrom; and
WHEREAS, it is proposed to finance all or a portion of
the costof the Project through the issuance of Industrial Develop-
ment Revcn,-,e Bonds (Iowa State Bank & Trust Company Project) of
the Issuer in an aggregate principal amount not to exceed $3,500,000
(the "Bonds") and to loan said amount to the Company under a Loan
Agreement between the Issuer and the Company upon mutually agreeable
terms, the obligations of which will be sufficient to pay the
principal of and interest and redemption premium, if any, on the
Bonds, as and when the same shall be due; and
WHEREAS, notice of intention to issue the Bonds has, as
directed by the City Council of the Issuer, been duly given in com-
pliance with the Act; and
WHEREAS, a public hearing has been held on the proposal
to issue the Bonds at the time and place as specified in said notice
and all objections or other comments relating to the issuance of the
Bonds have been heard;
NOW THEREFORE, BE IT RESOLVED by the City Council of the
Issuer, as follows:
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Section 1. It is hereby determined that the under-
taking of the project and the financing of the same is consistent
with the Urban Renewal Plan and will promote urban renewal,
rehabilitation and redevelopment of the Issuer, and will enhance
the tax base of the Issuer, increase commerce within the Issuer and
add to the welfare and prosperity of the Issuer and its citizens.
Section 2. It is hereby determined it is necessary and
advisable that the Issuer proceed with the issuance and sale of the
Bonds as authorized and permitted by the Act to finance all or a
portion of the cost of the Project, and such actions will be taken
by the Issuer as may be required pursuant to the provisions of the
Act to authorize, issue and sell the Bonds upon receiving reasonable
advance notice and upon reaching mutually acceptable terms with the
Company regarding such Bonds.
Section 3. The Issuer will enter into all agreements
prepared by Bond Counsel which are necessary to be entered into by
the Issuer in connection with the issuance and sale of the Bonds.
Prior to execution of said agreements by the Issuer all other parties,
including the City Attorney and the Issuer's Bond Counsel shall
approve all agreements to be entered into in connection with the is-
suance of the Bonds and such agreements shall be authorized and
approved after due consideration by this Council prior to their
execution by the Issuer.
Section 4. The Mayor, the City Clerk and the City Attorney
are hereby authorized and directed to do any and all things deemed
necessary in order to effect the accomplishment of the Project and
the issuance and sale of the Bonds.
Section 5. All resolutions and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Resolution shall become effective
immediately upon its passage and approval.
Passed and approved this 21st day of December, 1982.
Attest:
C!'ty
City Clerk
(Seal)
'h %1U -LY-Yt
Mayor pro tem
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State of Iowa
County of Johnson SS:
City of Iowa City
I, the undersigned, do hereby depose and certify that
I am the duly appointed, qualified and acting City Clerk of the
aforementioned City and that as such I have in my possession or
have access to the complete corporate records of said City and of
its Council and officers; that I have carefully compared t.hr�
transcript hereto attached with the aforesaid corporate records; and
that said transcript hereto attached is a true, correct and complete
copy of all the corporate records in relation to the adoption of
the Resolution to Proceed with the Issuance and Sale of Industrial
Development Revenue Bonds (Iowa State Bank & Trust Company
in an aggregate principal amount not to exceed $3,500,000.
WITNESS my hand and the corporate seal of said City
hereto affixed this 21st day of December, 1982.
i
city Clerk
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RESOLUTION NO. 82-301
A RESOLUTION SETTING FARES FOR THE IOWA CITY TRANSIT SYSTEM
WHEREAS, it is necessary to provide for the cost of operating a
transit service.
NOW, THEREFORE, BE IT RESOLVEs be established as follows:
D by the City Council of the City of
Iowa City, that fares for transit service
$14.00
Monthly pass .40
Basic fare .30
Saturday fare .30
School and special activities 4.00
Tickets (10 per strip)
lines established by
The elderly and handicapped who meet the guideAM and
the City Council shall ride free ba�ueall dayen OSaturday3'00 PM and
after 6:30 PM, Monday through Friday
and seconded by
It was moved by Lynch the Resolution be adopted, and upon roll call
Dickson
there were:
AYES: NAYS: ABSENT:
Balmer
X Dickson
Erdahl
_ X Lynch
x McDonald
x.X Neuhauser
Perret
Passed and approved this 21_st day
of December 1982•
�Pro �i!
MAYOR fem
ATTEST: C TY *CLERK 47/
Recrived A Approved
/ Py TI a Legal pspaftmald
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RESOLUTION NO. 82-302
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND SHIVE-HATTERY AND ASSOCIATES FOR ENGINEERING
SERVICES FOR THE BURLINGTON STREET BRIDGE IMPROVEMENT PROJECT.
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with Shive-Hatters and Associates a copy of said agreement
being attached to this Resolution and by this reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said agreement with Shive-Hattery and Associates for engineering services
for Burlington Street Bridge Improvement Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the agreement with Shive-Hattery and Associates
2. That the City Clerk shall furnish copies of said agreement to
any citizen requesting same.
......................
It was moved by Balmer and seconded by Lynch 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 21st day of _ December 19 R2 .
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MAYOR Pro tem
ATTEST: tsctul 2Ia —e y ag"
CITY CLERK'
.4
BY Th' Legal Deparanenf
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AGREEidENT
This agreement, made and entered into this 21st day of December , 1982,
by and between the City of Iowa City, a municipal corporation hereinafter
referred to as the City, and Shive-Hattery & Associates of Iowa City,
Iowa, hereinafter referred to as the Consultant.
Now, therefore, it is hereby agreed by and between the parties hereto that
the City does contract with the said Consultant to provide services as set
forth herein according to the terms of this Agreement. Such contract for
services shall be subject to the following terms and conditions and
stipulations, to -wit:
The Consultant shall not commit any of the following employment practices
and agrees to prohibit the following practices in any subcontracts.
a. To discharge from employment or refuse to hire any individual because
of their race, color, religion, sex, national origin, disability,
age, marital status or sexual orientation.
To discriminate against any individual in terms, conditions, or
privileges of employment because of their race, color, religion,
sex, national origin, disability, age, marital status or sexual
orientation.
SCOPE OF SERVICES
The City of Iowa City desires to make improvements to the Burlington
Street bridge over the Iowa River. Condition of the concrete and
reinforcing steel together with the structural integrity of the
bridge shall be reviewed. This scope of services shall define the
work to be performed by the Consultant and shall include, but not
necessarily be limited to, a detailed investigation and
recommendation phase, design phase, and special services, which are
further defined below:
A. Investigation and Recommendation Phase
The following scope of services shall be included in the
Investigation and Recommendation Phase.
1. Review existing plans on the structure, review previous
evaluations and other information which City staff may
have, conduct a field survey to observe the existing
condition of the structure, and perform all field and
laboratory testing as may be required to further evaluate
the current condition of the strUCtU re;
Conduct periodic meetings with tine Public works Director
to review the existing conditions, establish parameters,
and evaluate alternatives;
Development and comparison of alternative remedial and
replacement approaches, including review of geometry and
approach considerations, development of preliminary design
for each alternative, development of an opinion of
anticipated cost and life expectancies, and development of
a report with recommendations and supporting documen-
tation;
PresenLation of the report and recommendations to
appropriate City personnel, and attendance at meetings to
review and discuss the project and recommendations with
City staff and others as required. Ten (10) copies of the
final report shall be provided to the City for approval;
Participation in meetings and contacts with various
approving and regulatory agencies, utility companies, the
University of Iowa and other affected governmental and/or
private entities;
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6. Development of preliminary plans for the recommended
alternate which shall show elevations, cross sections,
flood flows, utilities, property lines, vehicular and
pedestrian traffic layout, and other appropriate design
criteria.
B. Design Phase
After City approval of the preliminary design and anticipated
construction costs and upon written notice from the City to
proceed, the Consultant shall begin the Design Phase which
shall include:
1. Preparation of detailed contract drawings;
2. Preparation of specifications and contract documents. The
contract documents shall meet all requirements of the
City's affirmative action and equal opportunity program;
the Consultant shall coordinate with the City's Human
Relations Department to insure that said contract
documents so comply.
3. Furnishing the City with two (2) copies of the specifica-
tions and contract drawings for a final review by the City.
The Consultant shall obtain project approval from other
agencies after initial City review and approval;
4. Preparation of a final estimate of anticipated
construction cost upon final approval by the City of the
final design, original plans, and specifications;
5. Conducting periodic meetings with the City Engineer to
review design plans and specifications;
6. Assisting the City in securing bids; the City shall
provide bid documents to the contractors;
7. Assisting in the tabulation and analysis of bid results
and furnishing recommendations on the award of the
construction contracts;
8. Assisting in the preparation of the formal documents for
the award of the contracts;
9. Checking detailed construction drawings and shop and
erection drawings submitted by contractors for compliance
with design concept.
C. Special Services
The Consultant shall advise the City during construction
relative to this project, and shall provide the following
special services.
1. Preparation of elementary sketches and supplementary
sketches required to resolve actual field conditions
encountered;
2. Review laboratory reports, materials and eouinment;
3. Make periodic visits to the site to observe as an
experienced and qualified design Professional the progress
and quality of the executed work and to determine in
general if the work is proceeding in accordance with the
Contract Documents; lie shall not be responsible for the
means, methods, techniques, sequences or procedures of
construction selected by contractor(s) or the safety
precautions and programs incident to the work of
Contractor(s). His efforts shall be directed toward
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providing assurance for City that the completed project
conforms to the Contract Documents. During such visits
and on the basis of his on-site observations he shall keep
City informed of the progress of the work, shall endeavor
to guard City against defects and deficiencies in the work
of Contractor(s) and shall recommend disapproval or
rejection of work failing to conform to the contract
documents. Such site visits are not intended to
substitute for technical observations by an on-site
resident inspector employed by the City.
4. I•lake a final inspection report to the City upon completion
of the project.
5. The Consultant and the City shall discuss interpretations
of the requirements of the construction Contract
Documents.
Upon request the Consultant agrees to furnish the following
additional special services. Such special services include,
but are not necessarily limited to, the following:
6. Soil investigation, including test borings, related
analysis and recommendations;
7. Land surveys, title and easement searches and descriptions
of boundaries and monuments and related office
computations and draftings;
8. Assist the City as expert witness in litigation arising
from the development or construction of the project and in
hearings before various approving and regulatory agencies.
II. TI14E OF COMPLETION
The Consultant shall complete each phase of this project within the
times listed below:
Investigation and Recommendation Phase - 60 days after signing of
this contract.
Design Phase - 120days after approval of the preliminary phase.
Construction Phase - The Consultant shall include appropriate
construction times in the job specifications.
III. GENERAL TER14S
A. Should the City terminate the contract, said Consultant shall
be paid on the basis of the schedule of hourly fees and charges
for professional services as herein attached as Exhibits A and
8, and by this reference made a part hereof, for all work and
services performed up to the time of termination. However, such
sums shall not exceed the "not to exceed" amount listed in
Section IV. The City may terminate this agreement upon seven
(7) days written notice, to the other party.
If the City and Consultant are unable to agree on the percentage
of completion, the matter shall be resolved by the procedure of
Liffe Aiiwr Ican Arbilra Liun AsbaCidt;un.
D. This agreement shall be binding upon the successors and the
assigns of the parties hereto, provided, however, that no
assignment shall be made without the written consent of all
parties to said agreement.
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C. Consultant agrees to indemnify and hold harmless the City o
Iowa City, its officers, employees, and agents against any
liability or claim of damages arising out of the negligent acts,
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errors, or omissions of the Consultant, his employees, or
agents.
0. It is understood and agreed that the retention of the Consultant
by the City for the purpose of said project shall be exclusive
but the Consultant shall have the right to employ such
assistance as may be required for the performance of the
project. Consultant shall be allowed compensation for such
services and reimbursable expenses on a basis of a 1.00
multiplier times the amount billed.
E. • It is agreed by the City that all records and files pertaining
to information needed for said project shall be made available
by said City upon reasonable request of the Consultant. The
City agrees to furnish all reasonable assistance in the use of
these records and files.
F. It is further agreed that no party to this agreement shall
perform contrary to any state, federal, or county law or any of
the ordinances of the City of Iowa City, Iowa.
G. The Consultant shall attend such meetings of the City Council
relative to the work set forth in this contract and as may be
requested by the City. Any requirements made by the City shall
be given with reasonable notice to the Consultant so that he/she
may attend.
H. The Consultant agrees to furnish, upon termination of this
agreement and upon demand by the City, copies of all basic notes
and sketches, charts, computations, and any other data prepared
or obtained by the Consultant pursuant to this agreement
without cost, without restriction or limitation as to the use
relative to specific projects covered under this agreement.
The Consultant shall not be liable for use of such documents on
other projects.
I. The Consultant agrees to furnish all reports and/or drawings
with the seal of a professional engineer or architect affixed
thereto or such seal as required by law.
J. The City agrees to tender to the Consultant all fees and money
in accordance with the schedules attached as Exhibits A and B
except that failure by the Consultant to satisfactorily perform
in accordance with this agreement shall constitute grounds for
the City to withhold payment of the amount sufficient to
properly complete the project in accordance with this
agreement.
K. Should any section of this contract be found invalid, it is
agreed ,that a.1 of its sections shall remain in full force and
effect as -though severable from the part invalid.
L. Original contract drawings shall become the property of the
City. The Consultant shall be allowed to keep mylar
reproducible copies for their filing use.
M. Direct personnel expenses for the purpose of this contract
shall be defined as hourly wage plus retirement and fringe
benefits. Consultant shall, upon demand, furnish receipts
T,nerefore or certlflec, Copies thereof.
N. Records of the Consultant's direct personnel expense,
Consultant expense, and reimbursable expenses pertinent to the
project, and records of account between the City and the
Consultant shall be kept on a generally recognized basis and
shall be available to the City or its authorized representative
at mutually convenient times.
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0. Reimbursable expenses include actual expenditures made by the
Consultant, his employees, or his consultants in the interest
of the project for the following incidental expenses listed:
1. Expense of transportation and living when travelling in
ong
connection
legrams, and for extraordinarythe project, for lwork distance
ed
lls and
teby the
Owner.
2 Expense
nspecifications, exclludinge dhandling
n11
copiesfor
andConsultant's
office use.
3. Fees paid for securing approval of authorities having
jurisdiction over the project. Fees paid by the
Consultant for special consultants employed with the
City's approval for services other than those defined in
this contract.
P. The Consultant shall assist and be present for any preparation
of letting or analysis of contract dealing with said project.
IV. COMPENSATION FOR SERVICES
The City agrees to pay for services stated in this contract on the
basis of the following fees:
Investigation and Recommendation Phase - The Consultant shall
be paid upon 2.19 x Direct Personnel Expense. The total
fee for the Preliminary Phase shall not exceed $16,500
including Reimbursable expenses.
Design Phase - Due to the difficulty of determining the exact
scope of the work prior to completion of Investigation and
Recommendation Phase; Design Phase fees shall be
negotiated after 'completion and acceptance of the
Investigation and Recommendation Phase.
Special Services - The total fee for each requested duty shall
be established before the beginning of that task and shall
be compensated in the following manner:
a) Soil testing services at approved flat rates as
attached in Exhibit B to this contract.
Analysis of data shall be at a rate of 2.19 x
Direct Personnel Expense.
b) All other special services shall be compensated
at a fee based upon 2.19 x Direct Personnel
Expense.
The Direct Personnel Expense of all personnel classifications
associated with this project shall be attached as Exhibit A. The
City agrees to reimburse the Consultant for reimbursable expenses
listed in Item III.0 at cost. The Consultant shall furnish receipts
of all outside expenses upon request.
All fees shall be billed and due payable monthly. With each bil ling
the Consultant shall list the individual classification,
hOUrS
rat... uiiiing s.iali be uroken down into the
workuu, and the hourly
following categories:
Investigation and Recommendation Phase
Design Phase
Special Service (detailed)
All provisions of this Agreement when not specifically defined shall
be reconciled in accordance with the highest ideals of the
Engineering and Architectural Profession.
MICROFILMED By
LJORM MICRALAB
CEDAR RAPIDS • DES MOVES
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It is further stated that there are no other consideration or monies
contingent upon resulting from the execution of this contract nor
have any of the above been applied by any party to this Agreement
FOR THE CITY:
\bdvL �r
Mayor Pro tem
ATTEST:
zzat� 4.). 4�
City Clerk
FOR THE CONSULTANT:
ATTEST:
c"-iiu211-, a -,,,(ItcuadJ
r.,cc2vod Acp.-m,ed
By ,I io Lcgsl De arfinent
ez-3- / L /A j'?i
IdICRO(IUdEO Dr
- JORM MICREILAE3 1
CEDAR RAPIDS • DES 11019ES
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3o bs
EXHIBIT A
DIRECT PERSONNEL EXPENSE
THROUGH APRIL 30, 1983
Grade
7 Engineer
$ 22.74
Grade
6 Engineer
21.75
Grade
5 Engineer
20.02
Grade
4 Engineer
17.64
Grade
3 Engineer
16.40
Grade
2 Engineer
13.66
Grade
F Technician
14.17
Grade
E Technician
12.96
Grade
D Technician
11.36
Grade
C Technician
9.05
Grade
B Technician
7.72
Grade
A Technician
4.37
3 -Man
Survey Crew
28.51
2-14an
Survey Crew
21.74
Grade
4 Secretary
9.66
Grade
3 Secretary
8.72
Grade
2 Secretary
7.23
Grade
1 Secretary
4.50
3066
MICROFILMED BY
I 1 JORM MICR0LAE3 -- 1
CEDAR RAPIDS • DES MOINES
I
SHIVE-HAT T ERY & ASSOCIATES
ENGINEERSEa{j]�1
SCHEDULE OF GENERAL, FIELD AND LABORATORY FEE
JANUARY 1=962
GENERAL
based on round trip mileage
Mobilization charges
from nearest office $ 25/mile
vehicle 2.25/mile
Automobile OT' aLx111dY'y 135.00)
Drill rig (minimum charge of $
Per diem rate (charge if site is more 30.00/day
than 30 miles from nearst office), e150.00/day
per individual
All terrain vehicle utilization 57.00/hour
Boring location survey (two man crew)
. excess of normal set-up time, as
Stand-by time,
a result of client's request or action
G60.00/hour
575.00/ho1LIr
Truck
All terrain vehicle
equipment, equipment foetc. Cost + IS%
Specialized drilling equipmentatsite, permits,
moving drilling q P
SOILS
Auger drilling - hollow stem augers
utilizing standard
- uti
Structure boring 2: intervals to 15',(5
penetration test (2-1/
intervals to 50 and 10' intervals thereafter) G 2S/f O'Ot
0, - 2S' 7.00/foot
25' - SO' 8.00/foot
50'+
ON
MECHANICAL ELECTRICAL STRUCTURAL GEOTECHNICAL E14VIR01^'ENTAL SURVEYING TRANSFORT"jobs
CIVIL ttEC j
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111CRDEILMED 8P
JORM MIC ROLAB 1
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j CEDAR HAI'1 DS DES MDI>tES
7 i i
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Schedule of General, Field and laboratory Fees
January 1,1982
Page Two
Auger drilling
- solid augers
Profile boring
- samples at
5' intervals
to 501, 10'
intervals thereafter
0' -
25'
$ 5'.75/foot
25' -
50'
6.50/foot
501+
7.30/foot
Profile boring
without samples,
defining top of
rock and water
table
0' -
25'
5.25/foot
25' -
50'
6.00/foot
501+
6.80/foot
Wash boring.
Set up - per boring 75.00/each
Hourly drilling rates including equipment and two technicians
Trailer -mounted rig (Simco 2400) 65.00/hour
Truck -mounted rig (CME -55) 75.00/hour
All -terrain -mounted rig (CME -550) 85.00/hour
Hard auger drilling- through weathered rock or
material consisting primarily of broken rock,
concrete, rubble fill, etc. (Standard penetration
resistance > 50 blows per foot) 13.50/foot
Rock drilling
Bitting 17.00/foot
Coring, NKV size 26.00/foot
Set-up/boring 75.00/each
Auxiliary water truck 40.00/each
Drilling or coring through Portland 'concrete slabs 10.00/inch
SHIVE•HATTERY h ASSOCIATES
9065
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CEDAR RAPIDS • DCS MOMES
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Schedule of General, Field and Laboratory Fees
January 1, 1982
Page Three
Sampling and testing
Additional standard penetration tests
Shelby tube ("undisturbed"), 2" or 31i $ 13.50/each
diameter 14.00/each
Large volume bag sample
Rimac unconfined compression value 15.00/each
Hand penetrometer value 5.00/each
Vane shear value, torvane 2.00/each
5.00/each
Seismic refraction testing
Equipment cost
100.00/day
Slotted well point installation, in drilled bore
hole
Well installation and backfill
•2" PVC slotted well screen.
75.00/each
2" PVC threaded riser pipe
6.75/foot
'
4.00/foot
SOILS - LABORATORY
Shelby tube extrusion, sample prepay tion, and logging
Natural moisture content
8.00/each
Dry unit weight, Shelby tube specimen
Atterberg limits
2.50/each
3.00/each
LL' PL, PI
40.00/set
'
20.00/each
Mechanical analysis
Hydrometer
Sieve
S0.00jeach
Sieve, washed uver #200
25.00/each
Combined hydrometer/sieve
30.00/each
50.00/each
Specific gravity
Unconfined
30.00/each
compression testing
Soil
Wo stress - strain curve
w/stress - strain
13.00/each
curve
Rock, including cutting and capping
18.50/each
35.00/each
SHIVE-HATTERY f. ASSOCIATES
66 S
MICROFILMED 6Y
JORM MIC REIL AB
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CEDAR RAPIDS DES MOVIES '
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t
Schedule of General, Field and Laboratory Fees
January 1, 1982
Page Four
Compaction testing (Proctor)
Standard
Modified S 65.00/each
75.00/each
Relative density, maximum/minimum 75.00/each
California bearing ratio (single point) 100.00/each
Consolidation testing, including e - log p curv.e
Loading cycle - 1/4, 1/2, 1, 2, 4, 8, 16 tsf 175:00/each
typical
Unloading cycle - 8, 4, 1 tsf typical 50.00/each
Additional load or unload increments. 15.00/each
Time ratio curve, per load increment 12.00/each
Triaxial testing
Unconsolidated - undrained (Q) -3 specimens/test 175.00/test
Consolidated - undrained (R) - 3 specimens/test 225.00/test
Consolidated - drained (S) - 3 specimens/test 275.00/test
Additional for pore pressure measurements 175.00/test
Permeability testing
Sample preparation 25.00/each
Falling head or constant head 80.00/each
Remolded sample for test purposes 35.00/each
Soil Chemical Analyses 0n Request
MATERIALS - FIELD
Coring of concrete or asphalt
Equipment cost (per inch diameter per inch core) 1.25
Generator or water source 25.00/day
Swiss hammer, concrete compressive strength 10.00/test
Windsor probe, concrete compressive strength 10.00/each
SHIVE•HATTER•Y f. ASSOCIATES
3065
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Schedule of General, Field and Laboratory Fees
January 1, 1952
Page Five
Nuclear Density Meter
Equipment cost - hourly $ 5.00/hour
100.00/week
Equipment cost - by test 3.00/each
Pachometer (size and location of reinforcing steel) 25.00/day
14ATERIALS - LABORATORY'
Concrete -
Cylinders (6" x 12" Nominal)
Mold .90/each'
Break, including curing, capping, and reporting 6.75/each
Hold, cured but not broken 5.50/e2ch
Unit density 2.00/each
Cubes (2" x 211) 9.00/each
Mix design
Development of theoretical mix design 140.00/each
Trial batch, including 6 test cylinders
and molds 220.00/each
Cut specimen
Absorption. 12.00/each
Unit density 11.00/each
Trimming 11.00/each
Break, including curing, capping and reporting 15.00/each
Beam testing
Flexural .strength, including net area
determination 28,00/each
Molding equipment S.SO/each
SHIVE•HATT CRY t. ASSOCIATES
�. 30065
1•
MICCDEILMED BY
` �• CORM MIC RCILAB '
� � CEDAR RAPIDS DCS t401AE5
Schedule of General, Field and Laboratory Fees
January 1, 1982
Page Six
Asphalt -
Extraction (centrifugal method -
additional) $ 65.00/each
Extraction (centrifugal method - 17.00 additional)
with gradation 90.00/each
Marshall density (3 specimens), mix provided 40.00/each
Cut specimen
Unit density 11.00/each
If more than 3 specimens 8.00/each
Roofing sample, quantitative - new roof 215.00/each
Roofing sample, quantitative - existing roof 275.00/each
Aggregates -
Bulk specific gravity (SSD) 31.00/each
Absorption 24.00/each
Dry rodded unit weight 22.00/each
CONSTRUCTION OBSERVATION AND CONSULTATION
Caissons, piling, concrete, asphalt or earthwork observation and
field testing will be charged utilizing standard hourly rates of
required technical personnel, including travel time. Equipment
costs will be charged at the rates -outlined above..
Additional or special testing rates will be quoted on request.
df
SHIVE•HATTERY& ASSOCIATES
.3065
MICROf RMED BY
�F RM MIC ROLAB
CED
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RESOLUTION NO. 82-303
RESOLUTION AUTHORIZING APPOINTMENT OF ACTING CITY CLERK.
WHEREAS, the City Clerk of Iowa City has resigned effective December 31,
1982, and,
WHEREAS, it is necessary that the Council appoint an Acting City Clerk to
maintain the office until the Council appoints a new City Clerk,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That Marian Karr has been appointed as Acting City
Clerk for the City of Iowa City and to serve in that office until
such time as the City Council appoints a new City Clerk, said Acting
City Clerk appointment to be effective January 1, 1983.
It was moved by Balmer and seconded by Erdahl
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Dickson
x Erdahl
x Lynch
x McDonald
_ z Neuhauser
x Perret
Passed and approved this 21st day of December , 1982.
\)
MAYOR Pro tem
ATTEST:
CITY CLERK U
/ 1-i. hi• • 1 1�
v 3obb
111CRUILMED UY
JORM MIC Rd/L AEI
CEDAR RAPIDS • DHS MOINES
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City of Iowa City
MEMORANDUM
Date:
December 16, 1982
To:
City Council
From:
Anne Carroll
Re:
City Clerk Position
Following Abbie StoIfus' resignation announcement I have prepared some
recommendations for your consideration concerning the process for filling the
Position of City Clerk and establishment of the appropriate hiring salary for this
Position.
Posting Period/Advertisement/Selection Process
Few requirements exist concerning the posting or necessary advertisement for this
Position because it is exempt from both Civil Service regulations and Union
contract language. The education and experience requirements of the job itself
tend to influence any advertisement we might voluntarily undertake. Presumably
the Council will wish to require either previous Iowa experience as a City Clerk
or Deputy and/or certification as a City Clerk, and these requirements can be
soheld s necessary to Because these rere
specialized, and the fact het q alifiedjobointernal applicants Potentiallytexist
would tend to diminish the effectiveness of much general recruitment. I would
recommend that the position be posted for three weeks, with concurrent internal
and external advertisement, that ads be placed locally and in 2-3 major Iowa
newspapers, and that job announcements be sent to City Clerk's offices in the top
15-20 or so Iowa cities. Any of these actions except internal/external posting
and the local advertising could be dropped if the Council has a strong preference
for considering only internal applicants.
A draft job announcement is attached for your review.
I would recommend that all qualified applicants be interviewed (up to a reasonable
number) using a structured oral interview format, a draft of which I will prepare
and submit for your review. The interview could be conductea by a subcommittee of
the Council, the Council as a whole and/or utilize outside experts, i.e., current
City Clerks, municipal clerk institute trainers, etc., using the City Attorney
selection process as a model.
Salary
The lary of
Clerk
Position. The hsalarycurrent
of City
current Deputy OCity Clerkhas
washad
adjusteds in 3 7% this
$18,803 in her last annual evaluation, November 21, 1982, and she will bee eligible
as a Confidential, for an across the board increase July 1, 1983, if approved by
Council with one final merit increase to $19,344 (X across the board increase)
November 1983, which is the top step of the Deputy Clerk salary range.
Recently
andstaffwsize completed
ng thevey samefcitiesnasCsurveyedksaaris, years forlAdministrativenpthob
ositions'
niCRmr ILnED By
JORM MICROLA13
CEDAR RANDS •DCS t4DIP1ES
30to
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but not including City Clerk positions where significant financial
responsibilities, akin to those of a Finance Director are involved.
Additionally, I utilized the Hayes/Hill job evaluation system to attempt to
informally classify the City Clerk position in relation to other Iowa City
administrative positions. This process indicated that, if classified formally the
position would be placed in salary grade D, $20,134-$28,600. I would recommend
that formally or informally this salary range be kept in mind for assignment of
both hiring and maximum salaries for the City Clerk's position, in order to assure
that the position is not being over or under compensated, and that internal equity
is preserved. Traditionally, there has been some flexibility in hiring slightly
above the minimum salary, especially after consideration of the successful
applicant's current salary. In cases of promotion into Administrative positions
our precedent is for approximately a 10% increase over current salary. In
establishment of a salary, consideration should also be given to whether or not the
successful applicant will be eligible for a July 1 increase.
Please let me know if I may supply any additional information.
tp2/2-3
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1I11aonu+eD BY
JORM MICROLAB
CEDAR !!AI'IDS • DES 140V
3066
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City Clerk
Years on
Staff
City
FY83 Salary
the Job
Size
Ames
$21,249
3
2
Cedar Rapids
$26,291
7
5
Council Bluffs
$26,126
6
2
Des Moines
$32,000
6
7
Dubuque
$28,488
?
3
Sioux City
$19,250
1
2
Davenport
$24,232
5
2-3
Survey Average
$25,376
4
3.4
Additionally, I utilized the Hayes/Hill job evaluation system to attempt to
informally classify the City Clerk position in relation to other Iowa City
administrative positions. This process indicated that, if classified formally the
position would be placed in salary grade D, $20,134-$28,600. I would recommend
that formally or informally this salary range be kept in mind for assignment of
both hiring and maximum salaries for the City Clerk's position, in order to assure
that the position is not being over or under compensated, and that internal equity
is preserved. Traditionally, there has been some flexibility in hiring slightly
above the minimum salary, especially after consideration of the successful
applicant's current salary. In cases of promotion into Administrative positions
our precedent is for approximately a 10% increase over current salary. In
establishment of a salary, consideration should also be given to whether or not the
successful applicant will be eligible for a July 1 increase.
Please let me know if I may supply any additional information.
tp2/2-3
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1I11aonu+eD BY
JORM MICROLAB
CEDAR !!AI'IDS • DES 140V
3066
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City of Iowa City
f s MEMORANDUM
Date:
To: All Current City Employees and General Public
From: Human Relations Department
Re: Job Vacancy
CITY CLERK
(Salary?)
Direct the operational, financial and personnel activities of the City
Clerk's Office. Supervises and participates in reporting, filing,
indexing and safekeeping all proceedings of the City Council, and other
legally required information. Attends formal and informal City Council
meetings and other sessions as necessary and takes and transcribes.
Retrieves data requested and provides information requiring independent -
judgment and discretion in the interpretation of City ordinances,
policies and state laws. Develops City Clerk Office procedures and
coordinates activities with other departments and agencies. Supervises,
provides general direction and reviews work of support staff, reviews and
approves all operating expenditures and personnel actions of the City
Clerk's Office.
Education and Experience:
Requires two years of experience as a City Clerk or Deputy City Clerk in
the State of Iowa and good progress towards attaining certification as a
Municipal Clerk, plus two years of college level coursework; or an
equivalent combination of training and experience. Good knowledge of the
statutory requirements and operational procedures of a City Clerk's
Office required and previous supervisory experience preferred.
City Clerk must become a resident of the City of Iowa City upon
appointment.
Apply before 5:00 p.m., 1983, Human Relations
Department, 410 E. Washington, Iowa City, Iowa 52240, (319) 356-5026.
The City of Iowa City is an affirmative action employer. Applications
from female and minority group members are encouraged.
bdw4/3
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111CROEILMED BY
JORM MICROLAB
I CEDAR RAPIDS DES MOINES
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City of Iowa
MEMORANDUM
Date: December 20, 1982.
To: Members of City Council 1
1
From: Robert W. Jansen and Richard J. Boylel,i/'.
Re: City Clerk's Office
This is to supplement our December 14, 1982, memorandum which was addressed to
the City Manager. A question has arisen as to the sLatus of the Deputy City
Clerk.
QUESTION PRESENTED
What is the status of the current Deputy City Clerk (a) upon the effective date
of Abbie Stolfus' resignation, and (b) when a new clerk takes office?
CONCLUSION
Marian Karr's status as Deputy City Clerk is not affected by either the
resignation of Abbie Stolfus or the appointment of a new City Clerk.
DISCUSSION
As noted in the earlier memorandum, a deputy generally serves at the pleasure of
his/her principal. In that context, the term "deputy" was used in a somewhat
formal sense to mean a city officer who serves as the agent of such officer; that
is, as a person who serves the officer (the Clerk) and possesses all of the
powers of the officer. Such position is to be distinguished from that of a
person who is, in fact, an "assistant," that is one who merely aids the officer,
"transacting part of the duties imposed on such officer by law, or even
performing all of them temporarily in the event of such officer's absence,
sickness or other disability, and not acting in an independent character..."
(McQuillen, Sec. 12.32). Assistants are sometimes called deputies, but a true
"deputy" serves only as long as his/her principal.
As the job is presently described, the Deputy City Clerk does not serve as an
agent for the City Clerk. Rather, such person is a city employee who works under
the direction of the Clerk, and acts with equal authority only in the absence of
the City Clerk. In our opinion, the person occupying such position is an
assistant to the City Clerk, not a deputy in a formal sense, because such person
may not act for and in place of the Clerk on all occasions.
Since, in our opinion, the Deputy City Clerk of Iowa City is not an officer,
employment of the current deputy, Marian Karr, will not be terminated upon the
effective date of Abbie Stolfus' resignation, and she is not subject to
replacement by a new Clerk.
In any event, since the City Code does not provide for a Deputy City Clerk and
describes the duties of such position, we still adhere to our earlier opinion
that you should appoint an "Acting City Clerk" to serve in the interim between
the Stolfus' resignation and qualification of the new clerk.
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MICAOr ILMED BY
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CEDAR RAPIDS • DES MOINES
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I CERTIFIED MUNICIPAL CLERK
BASIC REQUIREMENTS
L'ach applicant must:
I. be a Municipal Clerk
2, he a mernher of IIMC for three years.
t, he at Icast 19 yrars old,
4. Ixlieve in and practice the IIMC Code of Ethics. p
ro nate documentation and the required fce, end
S. %uhmit an approved IIMC application form with app
(,. furnish a letter from a fellow clerk as a sponsor.
KJ
L
STANDARDS FOR CERTIFICATION
applicant may be qualified by either of the two
in addition to meeting the basic requirements, ark
fnilowina standards:
Attain a total of 100 points
LONE OF THE FOLLOWING sol
*College or university dc;ree at the
Bachelor level in Public Adminis•
tration or related field
,Satisfactory completion of a State,
provincial, or Regional course of
education approved by IIMC
OAA degree in Public Administration
•Bachelors degree in an urr 25
related field
POINTS MAX
2 per yr 40
50
50 —
25
AND
Experience as a Municipal Clerk
Administrative position in
local government
Administrative position in
federal, state, and county
government and in corporate
business
Attendance at IIMC
Annual Conference
Attendance at State, Pro-
vincial, of Regional meetings
•University or college general
course work and/or correspon.
dence courses approved by IIMC
2 per yr 30,
1 per yr 30
4 each 20
2 each t0
% per
credit
hour 25
*Appropriate documentation to be flied
with application
)RI II
Be a Municipal Clerk for 10
years .on or before May 31.
1970.
File with IIMC Head•
quarters a certified copy of the
appointing or election doeu•
ment from his municipality -
0
Submit a professional paper
of 1,000 words or more on a
professional subject pertinent
to the duties and role of man"
cipal clerks. (The Paper will be
read by members of the Cert"
fication Committee and report-
ed on, as to acceptance or
rejection, within 45 days.)
ASSOCIATE CERTIFIED MUNICIPAL CLERK
Deputy Clerks may attain certification as Associate Certified Municipal Clerk upon fulfillment of all
requirements for Certification, with the exception of status as a Municipal Clerk. They may become fully
certified when they are appointed or elected Municipal Clerk.
/ :URDEILMED BY
JORM MICROLAB
CEDAR RAPIDS • DCS MOVIES
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City of Iowa City
MEMORANDUM
DATE: 14 December 1982
TO: Neal Berlin, City Manager
;pit �'-
FROM: Robert W. Jansen and Richard J. Boyle, Legal Department f�t�
RE: City Clerk Resignation I
City Clerk, Abbie Stolfus, has submitted her resignation, to be
effective at the end of December 1982.
QUESTIONS PRESENTED
1. Must the Council appoint an Acting City Clerk for the period
between the date the resignation is effective and the date a
new city clerk takes office?
2. At what time must the replacement become a city resident be-
fore appointment or before qualifying (i.e., taking office).
CONCLUSIONS
1. Council must appoint an Acting City Clerk to serve from the
the effective date of the incumbant's resignation until the
successor qualifies for office as provided in City Code section
2-75.
2. The new city clerk must be a qualified elector, residing in
Iowa City, at the time of appointment.
DISCUSSION
We have found no Iowa statutes or cases relating to these questions,
and the City Code is silent regarding the duties and responsibilities
of deputies and assistants of city officers and employees. How-
ever, 3 McQuillin Municipal Corporations (3rd Ed: Rev.), sections
12.32 and 12.33 notes that generally a deputy to a municipal officer
serves in such position only as long as his/her prinicpal, so a deputy
clerk's term would be considered to have expired upon the effective
date of the clerk's resignation. Therefore, in order to assure the
proper functioning of the city clerk's office, the city council should
appoint an "Acting City Clerk" during the interim between the resign-
ation of the incumbent and qualification of the new clerk.
111CROFILMCD BY
JORM MICR6LAO
CEDAR RAPIDS • DES MOVIES
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City Code section 2-75 requires that "the council appoint a city
clerk, who must be a qualified elector, residing within the city",
and who must thereafter qualify for office by taking the oath and
executing a bond within ten days of appointment. The Code language
seems to indicate that residency in Iowa City is required at the
time of appointment. McQuillan (section 12.59) supports that in-
terpretation, stating - "A residence requirement usually means
residence at the time or date of election or appointment." It is
our opinion, therefore, that the person selected to fill the position
must be a resident of Iowa City on the date of the appointment by the
City Council.
MICROFILI4ED BY
JORM MIC R6LAB 1
I CEDAR RAPIDS • DES HOMES
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City oz 'llowa Cit
MEMORANDUM
Date: December 20, 1982
To: Members of City Council `\
From: Robert W. Jansen and Richard J. Boyle
Re: City Clerk's Office
memoran
theto
sCitytManagelrmnt our eA questDeceber 14, ionmhas arisen8as to thedstatus cofwtheaDeputyeCity
Clerk.
QUESTION PRESENTED
Wht is the ty
ofa
aAbbie Stolfus'Iresignation, lrand (b)uwhi
when City
upon
n
clerk taesoffieffective date
office?
CONCLUSION
Marian Karr's status as Deputy City Clerk is not affected by either the
resignation of Abbie Stolfus or the appointment of a new City Clerk.
DISCUSSION
As noted in the earlier memorandum, a deputy generally serves at the pleasure of
his/her principal. In that context, the term "deputy" was v� ed in a somewhat
formal sense to mean a city officer who serves as the agent of such
off
all of that
is, as a person who serves the officer (the Clerk) and p s
essesthe
powers of the orficer. Such position is to be distinguished from that of a
person who is, in fact, an assistant," that is one who merely aids the officer,
"transacting part of the duties imposed on such officer by law, or even
performing all of them temporarily in the event of such officers absence,
sickness or other disability, and not acting in an independent character..."
(p"rves only a
esee . Assistants a e sometimes
om ti es called deputies, but a true
deuty
As the job is presently described, the Deputy City Clerk does not serve aS do
agent for the City Clerk. Rather, such person is a city employee who works under
the direction of the Clerk, and acts with equal authority only in the absence of
the City Clerk. In our opinion, the person occupying such position is an
assistant to the City Clerk, not a deputy in a formal sense, because such person
may not act for and in place of the Clerk on all occasions.
Since, in our opinion, the Deputy city Clerk of Iowa City is not an officer,
employment of the current deputy, Marian Karr, will not be terminated upon the
effective date of Abbie Stolfus resignation, and she is not subject to
replacement by a new Clerk.
In any event, since the City Code does not provide for a Deputy City Clerk and
describes the duties of such position, we still adhere to our earlier opinion
that you should appoint an "Acting City Clerk" to serve in the interim between
the Stolfus' resignation and qualification of the new clerk.
bjl/3-4
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nICROERMED BY
JORM MICR6LAB
CEDAR RAPIDS • DES MDINES
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