HomeMy WebLinkAbout1981-06-30 Resolution1pi_
RESOLUTION NO. 81-162
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 4
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:
See attached list
It was moved byRnhPrts and seconded by Vevera
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
Roberts x
Vevera x
Passed and approved this 30th day of June ,
19 81
ayor
Attest:
City Clerk
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82-66 Iowa City h-9se Lodge #1096, P.O. Box 26 �
82-67 Watt's Foo .arket, 1603 Muscatine Ave.
82-68 Vitosh Standard, 1905 Keokuk St.
82-69 Gas Company, 2300 Muscatine Ave.
82-70 Quik Trip 0503, 123 W. Benton
82-71 Quik Trip 0509, 225 S. Gilbert St.
82-72 Quik Trip 0539, 301 Market
82-73 Pearson's Drug Store, 202 N. Linn St.
82-74 Sinclair Marketing, 731 S. Riverside Dr.
82-75 Tuck's Place, 210 N. Linn
82-76 Sheller Globe, Hwy. 6 East
82-77 Towncrest DX, 2611 Muscatine Ave.
82-78 Walgreens, 1646 Sycamore St.
82-79 Diamond Dave's Taco Co., Old Capital Center 0279
82-80 Comer's, 13 S. Dubuque St.
82-81 Sambo's Restaurant, 830 South Riverside Drive
82-82 Owens Brush Company, Lower Muscatine Road
82-83 K -Mart Store 04315, 901 Hollywood Boulevard
82-84 American College Testing Program, Inc., Hwy 1 & Interstate 80
82-85 The Brown Bottle, ]l4-%$.;6kiDb9n
82-86 Copper Dollar, 211 Iowa Ave.
82-87 Sycamore Eating & Drinking Co., Mall Shopping Center
82-88 Senor Pablos, 830 1st. Ave.
82-89 Bill's I-80 DX, Hwy 1 & I-80
82-90 Sanctuary, 405 S. Gilbert
82-91 Vine, 330 E. Prentiss
82-92 Wilke's, 122 Wright St.
82-93 Ken's Hardware, Hwy 6 West
82-94 Knights of Columbus, 328 E Washington St.
82-95 Doc's Standard, 801 S. Riverside Dr.
82-96 Big Ten DX, 513 S. Riverside Dr.
82-97 Kitty Hawk, 800 S. Dubuque
82-98 Rossie's Cafe, 329 S. Gilbert
82-99 Deadwood, 6 S. Dubuque
82-100 VFW #3949, Hwy 6 By -Pass
82-lol Breadline, 325 E. Washington
82-102 Osco Drug #448, Old Capitol Center
82-103 Harry's Dodge St. DX, 605 N. Dodge
82-104 Maxwell's, 121 East College St.
82-105
82-106
82-107
82-108
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FZESOUMON NO. 81-63
RESOLAPION ACCEP1M STORM SEWER
f.l
Nl�ve�:MM,ents hamhe a Engineering Departmmt has certified that the following
of the City of Iowa City, accordance p1� and specifications
Storm sewer in the storm water management basin (Villa Park
extended) for MacBride Addition, Part III.
AND WHUCW, Maintenance Bonds for the improvements are on
file in the City Clerk's Office,
NOW7HEFUNE BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said inPmvenents be accepted by -the City of Iowa City.
It was moved by Roberts and seconded by Vevera
that the Resolution as read be accepted, and upon roll call were;
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AYES: NAYS:
ABSENT:
BALMER
x
ERDAHL
x —
LYNCH
x
NEUHAUSER
x
PERRET
x —
ROBERTS
x
VEVERA
x
I
Passed and approved this 30th
day of June
19 81
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Mayor
ATTEST: - NJ
Received $ Approved
C Clerk
By The Legal Department
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CITY
OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 • (319) 354.180D
ENGINEER'S REPORT
June 24, 1981
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
and specifications of the Engineering Division of the City of Iowa
City. The required maintenance bond is on file in the City Clerk's
office.
Storm sewer in the storm water management basin (Villa
Park extended) for MacBride Addition, Part III.
I hereby recommend that the above mentioned improvements be accepted
by the City of Iowa City.
Respectfully submitted,
Charles J, Sc madeke, P,E,
City Engineer
CJS/DG/jp
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i AE,SOLUTION too. 81-164
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE C014STRUCTION OF THF
SCOTT BOULEVARD PAVING IMPROVEMENT PROJECT - PHASE II
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT-
ING CITY ENGINEER TO PLACE SAID PLANS, ETC., 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 plans, specifications, form of contract, and
estimate of cost for the construction of the above-named project is to be held
on the 14t day of July19 1_, at 7.qH D_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 for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city, not
less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form. of contract, and estimate of cost for
the construction of the above-named project are hereby ordered placed on file
by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Roberts and seconded by
that the Resolution as read be adopted, and upon roll call
!' AYES: NAYS:
j x
4; x
t
x
x
x
x
x
ABSENT:
BALMER
ERDAHL
'LYNCH
NEUHAUSER
PERRET
ROBERTS
VEVERA
Vevera
were:
Passed and approved this 30th day of June 1981
� or
ATTEST: it,^_It-[�. ._.L-/,C--(�!_� _ Ma or htlric� W A.,n^7vc!
City Clerk .1 no Wul Dttpartrnent
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RESOLUTION 81-165
WHEREAS, the owner and proprietor, Rolin Investments, Ltd., has
filed•with the City Clerk of Iowa City, a preliminary plat and planned
area development plan and subdivision of Regency Gardens, Parts I through
VI, an Addition to the City of Iowa City, Iowa, covering the following
described premises located in Iowa City, Johnson County, Iowa, to -wit:
Commencing at the Southeast Corner of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4)
of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N00013'31"W,
1875.00 feet along the Centerline of Mormon Trek
Boulevard; Thence West, 1015.41 feet to the Point -
of -Beginning; Thence SO4°54'03"E, 445.14 feet;
Thence S85°05'57"W, 187.15 feet; Thence N04°54'03"W,
31.12 feet; Thence S85°05'57"W, 152.73 feet; Thence
N00°16'31"W, 441.54 feet, on West line of NW 1/4,
Section 17-79-6; Thence East, 305.39 feet to the
Point -of -Beginning. Said tract of land containing
3.3 acres.
AND WHEREAS, the owner and proprietor, Rolin Investments, Ltd., has
filed with the City Clerk of Iowa City, a final plat and planned area
development plan and subdivision of Regency Gardens, Parts I through IV,
an Addition to the City of Iowa City, Iowa, covering the following
described premises located in Iowa City, Johnson County, Iowa, to -wit:
Commencing at the Southeast Corner of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4)
of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N00013'31"W,
1875.00 feet along the Centerline of Mormon Trek
Boulevard; Thence West, 1015.41 feet to the Point -
of -Beginning; Thence SO4°54'03"E, 285.12 feet;
Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E,
5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence
j N00°16131"W, 302.24 feet, on West line of NW 1/4,
Section 17-79-6; Thence East, 305.39 feet to the
Point -of -Beginning. Said tract of land containing
2.14 acres.
AND WHEREAS, said property is owned by the above named corporation
and the dedications as required by the subdivision ordinance of the City
of Iowa City, have been made with the free consent and in accordance
with the desires of said proprietor;
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AND WHEREAS, said preliminary and final plat and planned area
development plan and subdivision have been examined by the Planning and
Zoning Commission of Iowa City, and after due deliberation, said
commission has recommended that said plat and plan and subdivision be
accepted and approved;
AND WHEREAS, said preliminary and final plat and planned area
development plan and subdivision are found to conform with the
requirements of the city ordinances of the City of Iowa City, Iowa, with
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respect to the establishment of land subdivisions, and with the
requirements of Chapter 409 of the Code of Iowa (1979) and all other
statutory requirements:
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NOW THEREFORE, be it resolved by the City Council of the City of
Iowa City, Iowa:
I 1. That said preliminary plat and planned area development plan
and subdivision of Regency Gardens, Parts I through VI, an Addition to
the City of Iowa City, Iowa, and the final plat and planned area
development plan and subdivision of Regency Gardens, Parts I through IV,
be and the same are hereby approved by the City Council of Iowa City,
iIowa, and the dedication of the streets, sidewalks and public utilities
easements set out therein is hereby accepted as by law provided and the
west side of Westwinds Drive shall be posted "No Parking".
BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa
City, Iowa, is hereby authorized and directed to certify a copy of this
I
Resolution and of the final plat of said subdivision to the office of
the County Recorder of Johnson County, Iowa.
BE IT FURTHER RESOLVED that the City Goncil of the City of Iowa
City, Iowa, hereby approves the Storm Water Management Agreement and
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Easement Agreement with Mad Creek Development Corporation and Rolin
Investments, Ltd., and authorizes the execution of said Storm Water
Management Agreement and Easement Agreement by the Mayor and City Clerk.
It was moved by Perret and seconded by Neuhauser
that the Resolution as read be adopted and upon roll call there were
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, made at a regular meeting held on
the � e)VA day of��1rL, 1981.
ABBIE STOLFUS /
City Clerk of Iowa City, Iowa
Passed and approved this,36l14 day of 2l co 1981.
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Mayor
ATTEST:
City Clerk of Iowa City, Iowa
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CORPORATE SEAL
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Received & Approved
By roe tagsl Deparfi-lent
6
Whl
AYE NAY ABSENT
Balmer
x _
Erdahl
x _
Lynch
x
Neuhauser
x
Perret
x
Roberts
x
Vevera
_ x
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, made at a regular meeting held on
the � e)VA day of��1rL, 1981.
ABBIE STOLFUS /
City Clerk of Iowa City, Iowa
Passed and approved this,36l14 day of 2l co 1981.
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Mayor
ATTEST:
City Clerk of Iowa City, Iowa
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CORPORATE SEAL
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Received & Approved
By roe tagsl Deparfi-lent
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STORM WATER MANAGEMENT AGREEMENT AND EASEMENT AGREEMENT
THIS STORM WATER MANAGEMENT AGREEMENT AND EASEMENT AGREEMENT is
hereby made and entered into by and between MAD CREEK DEVELOPMENT
CORPORATION, an Iowa corporation ("Mad Creek") and ROLIN INVESTMENTS,
LTD., an Iowa corporation ("Rolin"), and the CITY OF IOWA CITY, IOWA, an
Iowa Municipal corporation ("City").
RECITALS:
1. Rolin has filed a final plat and planned area development plan
and subdivision for Regency Gardens, Parts I through IV, with City and
desires to have City approve said subdivision.
2. Mad Creek and Rolin have reached an agreement wherein Rolin
may store storm water from said development, including Regency Gardens,
Parts V and VI (as well as Parts I through IV), on real estate owned by
Mad Creek.
3. Mad Creek is willing to grant to City the right of the use of
the easements described herein.
In consideration of the mutual covenants, conditions and restric-
tions contained herein it is agreed as follows:
1. GRANT OF EASEMENT. Mad Creek hereby grants and conveys to
Rolin a perpetual easement over, across and under the real estate
described in Exhibit "A" attached hereto for a storm water management
holding basin facility and over, across and under the real estate
described in Exhibit "D" for the holding basin facility access easement.
Mad Creek and Rolin further grant and convey to City the right to use
said easements to the extent the City needs to enforce its rights under
the Storm Water Management Agreement between Rolin and City.
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2. CONSIDERATION. Mad Creek hereby acknowledges receipt of Ten
Dollars ($10.00) from Rolin for payment of the grant of easement set
forth herein and Mad Creek further acknowledges that the development of
Regency Gardens, Parts I through VI, by Rolin will be favorable to Mad
Creek because Mad Creek believes it will enhance the value of real
estate owned by Mad Creek located to the south of Regency Gardens,
Parts I through VI.
3. USE OF EASEMENTS. The storm water management holding basin
facility described in Exhibit "A" shall be used solely for the holding
of storm water from Regency Gardens, Parts I through VI. Further, the
holding basin access easement described in Exhibit "B" shall be used
solely for the purpose of gaining access to the storm water management
holding basin and no improvements on the holding basin access easement
shall be permitted by Rolin. Mad Creek agrees to keep said access
easement free and clear of all improvements to permit access by vehicles
to the storm water management holding basin and reserves the right to
pave said easement if it so desires. However, Mad Creek shall have no
obligation to pave or otherwise improve the current status of the holding
basin access easement and any improvements shall be in its sole
discretion. In the event Rolin wants to pave said access easement,
written consent from Mad Creek shall be obtained which consent shall not
be unreasonably withheld.
4. BINDING. This Easement Agreement shall run with Mad Creek's
land and the title thereto and shall be binding on Mad Creek and its
heirs, and any successors in interest who shall hereafter acquire title
to the property of Mad Creek.
5. COVENANT. In consideration of the City approving Rolin's
Storm Water Management Plan, Rolin agrees as a covenant running with the
land that the City shall not issue any building permit on any lots in
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Regency Gardens, Parts I through IV, unless and until the proposed storm
water control facility and the site work incident thereto have been
completed according to the plans and specifications approved by the
City.
6. RIGHTS OF CITY. Rolin and Mad Creek further grant to City
the following rights in connection with the easements described in
paragraph 1 herein:
a. The right to grade and regrade the area included within
the Stone Water Management Easement Area ("Exhibit A") provided that the
City shall promptly reseed any areas upon which such grading or regrading
has been accomplished.
b. The right from time to time to trim and cut down and
clear away any and all trees and brush on said Storm Water Management
Holding Basin Easement area ("Exhibit A") and Holding Basin Access
Easement area ("Exhibit B"), which now or hereafter, in the opinion of
City, may interfere with the Holding Basin Access Easement or the natural
passage of storm water through the storm water storage area of the Storm
Water Management Holding Basin Easement, provided that any damage caused
by the City to the storm water storage area described in the Storm Water
Management Holding Basin Easement or the area described in the Holding
Basin Access Easement area shall be promptly repaired by the City.
C. The right in ingress and egress to the Storm Water
Management Holding Basin Easement area ("Exhibit A") and, over and
across the Holding Basin Access Easement ("Exhibit B") area for the
purpose of construction or ordinary maintenance within the Storm Water
Management Holding Basin Easement area.
j 7. RESERVATION OF RIGHTS. Rolin and Mad Creek, and their
successors and assigns, reserve the right to use the Storm Water
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Management Holding Basin and Access Holding Basin Easement areas
("Exhibits A and B") for any purpose which will not interfere with
City's full enjoyment of the rights herein granted; provided that Rolin
and Mad Creek and their successors and assigns shall not erect or
construct any buildings, fences or other structures or obstructions on
said areas or substantially add to the ground cover on said areas.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement
on this day of )/,,/ 1981.
CITY OF IOWA CITY, IOWA ROLIN INVESTMENTS, LTD..
a or rest ent
B � '��?�i
y l.0 ..�.L .� .� ��.m By
ABB , oty CJerKP ecretary
MAD CREEK DEVELOPMENT CORPORATION
By-'�� rli� �enlr
By
� n�rriv;;.I L. 1,. ,•��,. �
By 11:c
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STATE OF IOWA
SS.
JOHNSON COUNTY
On this .i day of 3,,L.(2_ 1981, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared PAUL S. OLIN,
to me personally known, who, being by me duly sworn, did say that lie is the
President and Secretary of said corporation; that the corporation has no
corporate seal; that said instrument was signed on behalf of said corporation
by authority of the Board of Directors and that the said PAUL S. OLIN an such
officers acknowledged the execution of said instrument to be the voluntary
act and deed of said corporation, by it and by him voluntarily executed.
STATE OF IOWA
SS.
JOHNSON .COUNTY
Notary Public inlaid for the State of Iowa
On this _/'0$_ day of ,1981, before me, the undersigned, a
Notary Public in and for Lheigtatd of Iowa, personally appeared JOHN R. BALMER
and ABBIE STOLFUS, to me personally known,who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of the City of Iowa City,
Iowa; that the seal affixed hereto is the seal of said City; that said instrument
was signed and sealed on behalf of said Municipal corporation by authority of i
the City Council and that the said JOHN R. BALMER and ABBIE STOLFUS as such
officers acknowledged the execution of said instrument to be the voluntary
act and deed of said Municipal corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
CORPORATE SEAL
STATE OF IOWA
SS.
JOHNSON COUNTY
On this ( day of J cI Nc 1981, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared .Svc c /I. U/.i'
-and- h,, to me personally known, who, being by me
duly sworn, did say that they -are the hlfc�A iD of 7—
of
of said corporation; that the corporation has no corporate seal; that said
instrument was signed on behalf of said corporation by authority of the Board of
Directors and that the said PO4, e_ A-- 01,n and
as such officer■ acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public ii and for the State of Iowa
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EXHIBIT "A"
STORM WATER MANAGEMENT HOLDING BASIN EASEMENT
Commencing at the Southeast Corner of the Southwest
Quarter of the Northwest Quarter of Section 17,
Township 79 North, Range 6 West of the 5th. Principal
Meridian; Thence N00°13'31"W, 1875.00 feet, on the
Centerline of Mormon Trek Boulevard; Thence West,
1015.41 feet; Thence S4°54'03"E, 893.26 feet to the
Point -of -Beginning; Thence East 218.60 feet; Thence
S00°13'31"E, 225.00 feet; Thence West 280.00 feet;
Thence N13°56'46"E, 199.71 feet; Thence N85°05'57"E,
15.00 feet; Thence N4°54'03"W, 30.00 feet to the
Point -of -Beginning. Said tract of land containing
1.29 acres.
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EXHIBIT "B"
HOLDING BASIN ACCESS EASEMENT
Commencing at the Southeast Corner of the Southwest
Quarter of the Northwest Quarter of Section 17,
Township 79 North, Range 6 West of the 5th. Principal
Meridian; Thence N00°13'31"W, 1875.00 feet, on the
Centerline of Mormon Trek Boulevard; Thence West,
1015.41 feet; Thence SO4°54'03"E, 557.98 feet; to
the Northerly Right -of -Way line of Roberts Road
which is the Point -of -Beginning; Thence S4°54'03"E,
365.28 feet; Thence S85°65'57"W, 15.00 feet; Thence
N4°54'03"W, 365.27 feet; Thence N85°02'57"E, 15.00
feet to the Point -of -Beginning. Said tract of land
containing 0.12 acres.
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C � •L. � __. _ a_ _ _ L_ _ ._ 1 � _�"_ '- L'___�].r_�-�__ � _l--._ �� _JIB_'_ _
r.
AGREEMENT
THIS AGREEMENT, made by and between ROLIN INVESTMENTS, LTD., the
Owner and subdivider, hereinafter called the "Subdivider", and the CITY
OF IOWA CITY, IOWA, a Municipal Corporation, hereinafter called the
"City".
WITNESSETII:
1. CONSIDERATION AND COVENANT. In consideration of the City approving
the plat and planned area development plan and subdivision of Regency Gardens,
Parts I through IV, the Subdivider agrees as a Covenant running with the land
that the City shall not approve any building permit on any lots in the said
subdivision unless and until concrete paving at least twenty-eight (28) feet
in width, water mains, storm sewers and sanitary sewers have been installed
abutting any lot on which a building permit has been requested, as required
by the City of Iowa City, Iowa, under its platting ordinance.
2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. In
consideration of the City approving the Subdivider's storm water management
plan, the Subdivider agrees as a Covenant running with the land that the City
shall not issue any building permit on any lots in said subdivision unless
and until the proposed storm water control structure and the site work incident
hereto have been completed according to the plans and specifications approved
by the City.
3. CONSTRUCTION OF IMPROVEMENTS. All such improvements as stated in
Sections 1 and 2 of this Agreement shall be constructed and installed by the
Subdivider according to the plans and specifications of the City of Iowa City,
Iowa, with inspections by the City engineer or designate. Said inspections
consist of occasional inspection of the work in progress, but shall not
relieve or release the Subdivider from its responsibility to construct said
improvements pursuant to said plans and specifications.
4. SIDEWALKS. The Subdivider agrees that within one (1) year from the
date of approval of the final plat of said subdivision, to install sidewalks
in said subdivision abutting said lots at least four (4) feet in width and
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according to the plans and specifications of the City of Iowa City, Iowa,
and with inspections by the City engineer or designate as specified in
Section 3.
5. BUILDING PERMIT AND ESCROW MONEYS. It is further provided,however,
that in the event the Subdivider, its assigns or successors in interest,
should desire a building permit on any lot in said subdivision for which
pavement, water mains, storm sewers, sanitary sewers, and storm water
management facilities are not installed, the Subdivider, its assigns or
successors in interest, shall deposit with the City Clerk in escrow an
amount equal to the cost of said improvements for said lot or lots plus ten
percent (10%) thereof as determined by the City Engineer's Office of the
City of Iowa City, Iowa. When said funds are deposited then, in that event,
the building inspector of the City of Iowa City, Iowa, shall issue a
building permit provided that the applicant complies with all other require-
ments and ordinances of said City.
6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for
any building erected pursuant to Section 5, the City in its discretion may
require the Subdivider, its assigns or successors in interest, to construct
and install such improvements as stated in Sections 1 and 2.
7. USE OF ESCROW MONEYS. If, after the issuance of an occupancy permit,
the improvements as stated in Sections 1 and 2 have not been constructed and
installed, the City may use any funds deposited in escrow to construct and
install such improvements. Should the cost of the construction and installation
of said improvements exceed the amount of said escrow, the City shall have a
lien and charge against all the lots abutting or in front of which said
improvements are made.
The City shall refund to the depositor any escrow moneys not used
by the City after the construction and installation of such improvements.
8. WAIVER. In the event Subdivider, its assigns or successors in interest,
should sell or convey lots in said subdivision without having had constructed
or installed the pavement, water mains, storm sewers, sanitary sewers, and storm
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water management facilities, or if the Subdivider, its assigns or successors
in interest or the owner of the lots in said subdivision should fail to
construct sidewalks, the City shall have the right to install and construct
said improvements which shall be a lien and charge against all the lots
abutting or in front of which improvements are made and any lots which may
be assessed for improvements under the provisions of Chapter 384 of the
Code of Iowa. The cost of such improvements need not meet the requirements
of notice, benefit or value as provided by the law of the State of Iowa for
assessing such improvements. It is further provided that this requirement
to so construct said improvements is and shall remain a lien from date until
properly released as hereinafter provided.
9. RELEASE. The City agrees when such improvements have been installed
to the satisfaction of the City, it will immediately file in the office of the
County Recorder of Johnson County, Iowa, a good and sufficient release to
various lots in said subdivision so that this Agreement will not constitute
a cloud upon the title of the lots in said subdivision.
10. STREET MAINTENANCE. It is further provided that the Subdivider and
its assigns and successors in interest agree that the public services included,
but not limited to street maintenance, snow removal and rubbish and garbage
collection, need not be extended in said subdivision until the pavement is
installed and accepted by the City.
of A
DATED this Z / day of J kul E 1981, at Iowa City, Iowa.
ROLIN INVESTMENTS, LTD.
KeBYl i
y J�) i G9-
/ lC LL S� �
PAUL S. OLIN, President
BY CCC��J_0V / 'r.
PAUL S. OLIN, Secretary
CITY OF IOWA CITY, IOWA
�J 1IN R. BALPIER, Mayor
BY G ((.L 1 �/ •' L �C(�-� i
ABBIE STOLFUS, City Cj.erk
MICROFILMED BY
'JORM MICRO_ LAB
'CEDAR RAPIDS -DES MOINES
. Ci.'�X1�'P'if� � .i�t'��\�•a
930'
STATE OF I014A
SS.
JOHNSON COUNTY
r
-4-
On this day of ) Itik- 1981, before me, the undersigned, a
Notary Public7 in and for the State of Iowa, personally appeared PAUL S. OLIN,
to me personally known, who, being by me duly sworn, did say that he is the
President and Secretary of said Corporation; that the Corporation has no
corporate seal; that said instrument was signed on behalf of said Corporation
by authority of the Board of Directors and that the said PAUL S. OLIN as such
officers acknowledged the execution of said instrument to be the voluntary
act and deed of said Corporation, by it and by him voluntarily executed.
Notary Public in/and for the State of Iowa
STATE OF IOWA
SS.
JOHNSON COUNTY
On this Z�day of , 1981, before me, the undersigned, a
Notary Public in and for thV St to of Iowa, personally appeared JOHN R. BALMER
and ABBIE STOLFUS, to me personally known, who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of the City of Iowa City,
Iowa; that the seal affixed hereto is the seal of said City; that said instru-
ment was signed and sealed on behalf of said Municipal Corporation by authority
of the City Council and that the said JOHN R. BALMER and ABBIE STOLFUS as such
officers acknowledged the execution of said instrument to be the voluntary act
and deed of said Municipal Corporation, by it and by them voluntarily executed.
NotNot r�lic in and for the State of Iowa
and for the State of Iowa
CORPORATE SEAL
j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES 1401NES
93�
DEDICATION AND CERTIFICATE OF OWNER
OF REGENCY GARDENS, PARTS I THROUGH IV
IOWA CITY, JOHNSON COUNTY, IOWA
KNOW ALL MEN BY THESE PRESENTS:
That Rolin Investments, Ltd., an Iowa corporation, whose principal
place of business is in Iowa City, Johnson County, Iowa, being the owner
in fee of all the land included in Regency Gardens, Parts I through IV,
an Addition to the City of Iowa City, Iowa, more particularly described
as follows:
Commencing at the Southeast Corner of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4)
of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N00°13'31"W,
1875.00 feet along the Centerline of Mormon Trek
Boulevard; Thence West, 1015.41 feet to the Point -
of -Beginning; Thence SO4°54'03"E, 285.12 feet;
Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E,
5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence
NOO`16'31"W, 302.24 feet, on West line of NW 1/4,
Section 17-79-6; Thence East, 305.39 feet to the
Point -of -Beginning. Said tract of land containing
2.14 acres.
i
has caused a final planned area development plan and subdivision of said
land to he made and the lots, sidewalks, streets and public utility
easements to be marked, named and numbered with, all as shown by a plat
dated 1981, which plat is attached hereto so that the same may
be recorded and hereafter designated as Regency Gardens, Parts I through
IV, an Addition to the City of Iowa City, Iowa, and the said Rolin
Investments, Ltd. hereby acknowledges the subdivision of the said land
i
shown by said plat and subdivision to be by its free consent and in
accordance with its desire, and does hereby set apart and dedicate to
the public use forever all land included and shown on said plat as
sidewalks, public streets, and public utility easements.
IN WITNESS WHEREOF, the owner has caused these presents to be
signed on this '.2 / 'day of June, 1981.
50
j MICROFILMED BY
`JORM MICROLAB
CEDAR RAPIDS -DES MOINES
_-1
I
-2-
ROLIN INVESTMENTS, LTD.
BY (llc ��J
PA E
By 17
JC
STATE OF IOWA
SS.
JOHNSON COUNTY
On this_n day of June, 1981, before me a Notary Public in and
for the State oo owa, personally appeared Paul S. Olin, to me personally
known and sworn on oath for himself did say that he is the President and
Secretary of said Rolin Investments, Ltd., executing the within and
foregoing instrument, that no seal has been procured by the said
corporation; that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that the said
Paul S. Olin as such officers acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation, by it
and by him voluntarily executed.
i
Notary Pub c and or the State of
Iowa
j MICROFILMED BY
IJORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
L'
Received & Appriv-^d
Qy ji^o lu3al Depr.i n!nt
,?JP
2 -
4. No noxious or offensive trade shall be carried on upon any lot
nor shall anything be done thereon which may be or become an annoyance or
nuisance to the neighborhood.
5. Camping trailers, motor homes, boats, trailers, or snowmobiles
shall not be allowed to be stored anywhere on the lot, unless the above
equipment is stored in the attached garage.
6. Vegetable gardens may be maintained only at the rear of a dwelling.
7. Fences may be constructed only at the rear of a dwelling and no
fences shall be permitted in the front of a dwelling.
8. Nothing contained herein shall relieve the owner from the obligation
to comply with all ordinances of the City of Iowa City relative to zoning or
building permit applications.
9. These covenants shall be binding on all lot owners until January 1,
1999, at which time said covenants shall be automatically extended for
successive periods of 10 years unless by a vote of a majority of the then
owners of the lots said covenants are amended.
10. If the parties hereto, or any of them or their heirs or assigns,
shall violate or attempt to violate any of the covenants or restrictions
herein during their existence as provided for in Paragraph 9, it shall be
lawful for any other person or persons owning any other lots in said develop-
ment or subdivision to prosecute any proceedings at law or in equity against
the person or persons violating or attempting to violate any such covenants
or restrictions and either prevent him or them from so doing or to recover
damages or other dues for such violation.
11. Invalidation of any one of these covenants by judgment or court
order shall in no way effect any of the other provisions which shall remain
in full force and effect.
j MICROFILMED BY
`JORM MICROLAB
CEDAR RAPIDS•DES 140INES
MOV
L,.
- 3 -
ROLIN INVESTMENTS, LTD.
BY: ��GCL I -!� al,
PAUL S. OLIN, President
` ii
PAUL S. OLIN, Secretary
STATE OF IOWA
SS.
JOHNSON COUNTY
On this ,Zyrh day of TkYlQ_ , 1981, before me a Notary Public
in and for the State of Iowa, personally appeared PAUL S. OLIN, to me
personally known and sworn on oath for himself did say that he is the
President and Secretary of said Rolin Investments, Ltd., executing the within
and foregoing instrument, that no seal has been procured by the said corporation;
that the said instrument was signed on behalf of said corporation by authority
of its Board of Directors; and that the said PAUL S. OLIN as such officers
acknowledged the execution of said instrument to be the voluntarily act and
deed of said corporation, by it and by him voluntarily executed.
Notary Public ink.aInd for the State of Iowa
amu' 6-3 a_ P�
j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
_T
W. -
I,
..-
OPINION OF ATTORNEY
I, Thomas J. Cilek, hereby certify that I am a practicing attorney
at law of Iowa City, Iowa; that I have examined the Abstract of Title to
the property described as follows:
Commencing at the Southeast Corner of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4)
of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence 1100°13'31"W,
1875.00 feet alono the Centerline of Mormon Trek
Boulevard; Thence West, 1015.41 feet to the Point -
of -Beginning; Thence SO4°54'03"E, 285.12 feet;
Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E,
5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence
N00°16'31"W, 302.24 feet, on West line of NW 1/4,
Section 17-79-6; Thence East, 305.39 feet to the
Point -of -Beginning. Said tract of land containing
2.14 acres.
and that the legal title to said property is in Rolin Investments, Ltd.,
and that said property is free from all encumbrances.
i
DATED at Iowa City, Iowa, this 2LL 2L!day of 1981.
HM /
TO AS .CIE '
Received $ Approved
By he Legal Deperlmenf
6-30— P/
MICROFILMED BY_.
JORM MICROLAB
1! CEDAR RAPIDS -DES MOINES
ti �� - -'- -' _ ,moi-a_!� ( i --� - J6L'- -
.-7
m�
F
CERTIFICATE OF CLERK
I, Mary E. Conklin, hereby certify that I am the Clerk of the
District Court of Iowa, in and for Johnson County, Iowa, and that the
property described below:
Commencing at the Southeast Corner of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4)
of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N00°13'31"W,
1875.00 feet alona the Centerline of Mormon Trek
Boulevard; Thence West, 1015.41 feet to the Point -
of -Beginning; Thence SO4°54'03"E, 285.12 feet;
Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E,
5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence
N00'16'31"W, 302.24 feet, on West line of NW 1/4,
Section 17-79-6; Thence East, 305.39 feet to the
Paint -of -Beginning. Said tract of land containing
2.14 acres.
and shown on the attached plat, and known and designated as "Regency
Gardens, Parts I through IV" is free from all judgments, attachments,
I
imechanic's liens, or other liens, as appears on the records in my office.
i
i
DATED at Iowa City, Iowa, this 3u day of 1981.
MARY . UWLIGl
Clerk of District Court of Iowa
in and for Johnson County
i
I
I
I
I
i
k
Received & Approved
By The Legal Department
oy1.ty 6 — 30- /
i MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
\-
i �_ -l- -- - �.
I
CERTIFICATE OF COUNTY TREASURER
I, Donald J. Krall, hereby certify that I am the County Treasurer
of Johnson County, Iowa, and that the land described below:
Commencing at the Southeast Corner of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4)
of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N00°13'31"W,
1875.00 feet along the Centerline of Mormon Trek
Boulevard; Thence West, 1015.41 feet to the Point -
of -Beginning; Thence SO4°54'03"E, 285.12 feet;
Thence S87050'53"W, 135.55 feet; Thence S02°09'07"E,
5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence
N00°16'31"W, 302.24 feet, on West line of NW 1/4,
Section 17-79-6; Thence East, 305.39 feet to the
Point -of -Beginning. Said tract of land containing
2.14 acres.
and shown on the attached plat and known and designated as "Regency
Gardens, Parts I through IV" is free from all taxes.
r.
DATED this J `qday of ,, t 1981.
!J
DVNACD J. KRALL//'� "'
County TreasureY - Johnson County
Received & Approved
By The Legal Department
' %P 4 6-3o—S'I
i MICROFILMED BY
JORM MICROLAB
.CEDAR RAPIDS•DES-140INES
9.11F
CERTIFICATE OF RECORDER
I, John E. O'Neill, hereby certify that I am the County Recorder of
Johnson County, Iowa, and that the title in fee to the following described
real estate:
Commencing at the Southeast Corner of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4)
of Section 17, Township 79 North, Range 6 West of
the Fifth Principal Meridian; Thence N00013'31"W,
1875.00 feet along the Centerline of Mormon Trek
Boulevard; Thence West, 1015.41 feet to the Point -
of -Beginning; Thence SO4°54'03"E, 285.12 feet;
Thence S87°50'53"W, 135.55 feet; Thence S02°09'07"E,
5.82 feet; Thence S87°50'53"W, 193.20 feet; Thence
N00°16'31"W, 302.24 feet, on West line of NW 1/4,
Section 17-79-6; Thence East, 305.39 feet to the
Point -of -Beginning. Said tract of land containing
2.14 acres.
as shown on the attached plat, and known and designated as "Regency
Gardens, Parts I through IV" is in Rolin Investments, Ltd., and that it
is free from encumbrances.
DATED this .-�c- day of �..,r. 1981.
JOHN E. O'NEILE—
Johnson County Recorder
MICROFILMED By
JORM MICROLAB
.CEDAR RAPIDS -DES MOINES
L.,
Received & ApprDvod
By The Legal Department
6 -a0 -r-/
PROTECTIVE COVENANTS AND RESTRICTIONS
FOR ATTACHED DWELLING UNITS
IN REGENCY GARDENS, PARTS I THROUGH IV
THESE PROTECTIVE COVENANTS AND RESTRICTIONS are hereby established
effective the day of recording in Johnson County, Iowa, by Rolin Investments,
Ltd., and shall apply to lots contained in Regency Gardens, Parts I through
IV, in Iowa City, Iowa, for the purpose of governing the relationship between
owners of lots which are located in one building structure (attached dwelling
units).
1. USE OF ADJOINING WALL. The wall dividing the two laterally joined
dwelling units shall be a party wall and the owner of each dwelling unit
connected by said party wall shall have the right to use said wall jointly
with the owner of the other dwelling unit. Each owner attached by said
party wall shall have the right to use the utility lines (whether for
electrical, plumbing, heating, etc.) contained in said party wall. Neither
party may take any action to disrupt or disturb said party wall or the
utility lines contained therein without the written consent of the ad—
joining owner sharing said party wall.
2. PARTY {BALL MAINTENANCE. Each owner of a dwelling unit attached by
the party wall shall be jointly and severally liable with the owner of the
other dwelling unit sharing said party wall for the costs reasonably
necessary for replacement, maintenance and repair, except as otherwise
agreed in writing by the parties. Any insurance coverage obtained for said
party wall shall first be applied to such replacements, maintenance and
repairs and the parties shall each pay fifty percent (50%) for any uninsured
replacement, maintenance or repairs.
3. NEGLIGENCE. In the event that one of the owners adjoined by a
party wall is negligent with the result that damage or destruction results
in the party wall, said negligent owner shall pay for the cost of said
replacement, maintenance or repair. The owner shall also be responsible
for his or her family and all invitees and licensees for damage or
destruction done to the party wall.
go
I MICROFILMED By
'JORM MICROLAB
CEDAR RAPIDS•DES MOINES
r
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i° -
4. NO ALTERATION 1N PARTY WALL. Neither owner adjoined by a party
wall shall in any way change the party wall (with the exception that interior
decorations on the party wall are permitted) nor shall an owner change any of
the pipes, conduits, ducts, insulation or other special components located
within said party wall without the written consent of the owner of the other
dwelling unit attached by said party wall.
5. MAINTENANCE OF ROOF. Each owner which shares a roof with another
owner shall be solely responsible for repairing and replacing the roof
covering his or her respective dwelling unit as separated by the party wall.
Any repair or replacement to the roof shall be identical to the existing
roof and there shall be no modification from the original construction
drawings in repairing or replacing the roof and to the extent possible the
shingles or other roof covering shall match the existing shingles or roof
covering.
6. EXTERIOR MAINTENANCE AND REPAIRS. The owner of a dwelling unit
may repair or replace the exterior component of such dwelling unit, including
siding and painting, as long as said exterior components are similar to the
I
exterior components of other dwelling units which are attached together
(whether by one common wall or two common walls). If an owner of a dwelling
unit desires to use exterior components which are different in design or
color from the exterior components of the attached dwelling units, the
written consent of the owners of the dwelling units which are attached thereto
("attached thereto" shall mean would share a common roof, which may have one
or two party walls) must be obtained. If any dispute arises between owners
of attached dwelling units concerning a change of siding, roofing materials,
color scheme, or any other exterior component, the dispute shall be resolved
by arbitration pursuant to Paragraph 7 herein.
7. ARBITRATION. Any dispute between owners concerning a change
of siding, roofing materials, color scheme or other exterior components,
or regarding the provisions of these covenants and restrictions shall be
decided by arbitration. Each owner involved in a dispute shall select an
arbitrator. If the number of arbitrators thus selected is an even number,
i
9.q?
i MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
V, -
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said arbitrators shall choose one additional arbitrator. The decision of
the majority of the arbitrators shall be final and conclusive of the
question presented and shall be binding upon all parties. If any party
refuses or fails to appoint an arbitrator within ten (10) days of a written
request from another party involved in the dispute, such arbitrator may be
appointed by the arbitrators selected by the other owner or owners involved
in the dispute. Arbitration shall be conducted as rapidly as possible and
need not follow the rules of evidence or the rules of the American Arbitration
Association, however, said rules may be used for general guidance and each
party involved in the dispute may have the right to present its case through
witnesses or affidavits. The cost of the arbitration shall be shared equally
by the parties involved in the dispute.
8. USE FOR RESIDENTIAL PURPOSES. All lots and dwelling units shall be
used solely for residential purposes, except that a home occupation in said
residence is permitted. However, a home occupation which increases the in-
surance premium for an owner in the same building structure (whether connected
I
by a party wall next to said home occupation or by a party wall one dwelling
unit removed) shall be prohibited. Further, no home occupation shall
constitute an obnoxious or offensive activity or become a nuisance by sub-
stantially increasing the vehicular traffic to said dwelling unit in excess
of what would be expected at any normal residence. No signs regarding said
home occupation shall be permitted on the outside of the dwelling unit.
9. RENTAL OF D14ELLING UNIT. Nothing in these covenants and restrictions
in any way limits or restricts the right of an owner of a dwelling unit from
renting such dwelling unit to third parties so long as the use of the unit by
such tenants is consistent with the provisions herein and the applicable
zoning regulations.
10. CROSS EASEMENT. Each lot owner shall have an easement over and across
that portions of the adjoining lot owner's lot located within his or her
dwelling unit to the extent that the party wall is not located on the lot line
but is located on the adjoining lot owner's property.
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES -MOINES
-4-
11. ENFORCEMENT. If any owner of a lot, or the heirs or assigns of
an owner, shall violate or attempt to violate any of the covenants or
restrictions herein, it shall be lawful for any other owner of a lot
attached in the same building structure to prosecute any proceedings at
law or in equity against the person or persons violating or attempting to
violate any such covenant or restriction and either prevent him or her,
or them, from so doing or to recover damages for such violation.
12. BINDING. These covenants and restrictions are to run with the
land and shall be binding on all owners and on all persons claiming under
them until and unless they are amended or revoked in writing by�lthe owners
of the dwelling units attached in one building structure.
13. INVALIDATION. Invalidation of any one of these covenants by
judgment or court order shall in no way effect any of the other provisions
which shall remain in full force and effect.
Signed and dated this Gt7flNda of `,�3ti�
Y , 1981.
ROLIN INVESTMENTS, LTD.
BY:'(��ao;e
AUL S. OLIN, President
AUL S. OLIN, Secretary
STATE OF IOWA
SS.
JOHNON COUNTY
On this _ day of 4V-0—. 1981, before me a Notary Public in
and for the State of Iowa, personally appeared PAUL S. OLIN, to me personally
known and sworn on oath for himself did say that lie is the President and Secretary
of said Rolin Investments, Ltd., executing the within and foregoing instrument,
that no seal has been procured by the said corporation; that said instrument was
signed on behalf of said corporation by authority of its Board of Directors; and
that the said PAUL S. OLIN as such officers acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation, by it and by
him voluntarily executed.
Notary Public in(a- d for the State of Iowa
Received & Approved
8y the legal Depr,rlment
61
938'
j MICROFILMED BY
`JORM MICROLAB
CEDAR RAPIDS -DES 140INES
A
a,,
,
1 !'
RESOLUTION
IJ
\WHEREAS, the owner and proprieter, Rolin Investments, Ltd., has filed
with the Clerk of Iowa City, a preliminary and a final plat Zd planned
area development plan and subdivision of Regency Gardens, Part through IV,
an Addition'
to the City of Iowa City, Iowa, covering the fo owing described
i premises located in Iowa City, Johnson County, Iowa, to -w t:
Commencing at the Southeast Corner of the Southwest
Quartet� (SW34) of the Northwest Quarter/(NW'y) of
Section\17, Township 79 North, Range6 West of the
Fifth Principal Meridian; Thence N000
13'31"W, 1875.00
feet along\the Centerline of Mormon/Trek Boulevard;
Thence West, 1015.36 feet to the Point -of -Beginning;
Thence S0405�'03"E, 285.12 feet/Thence S87050'53"W,
135.55 feet; Thence S02o09'07"E, 5.82 feet; Thence
S87050153"W, 193.20 feet; Thence NOOo16'31"W, 302.24
feet; Thence East, 305.39 feet to the Point -of -
Beginning. Said tract of land containing 2.14 acres.
i
AND WHEREAS, said property is
the delications as required by the
City, have been made with the free
of said proprietor, /
AND WHEREAS, said pr
plan and subdivision have
of Iowa City, and after d
said plat and plan,and su
by the above named corporation and
ision ordinance of the City of Iowa
t and in accordance with the desires
minary and filial plat and planned area development
en examined by\sai
Planning and Zoning Commission
deliberation, commission has recommended that
vision be accepted�nd approved;
AND WHEREAS, said preliminary and final plat\andplanned area development
plan and subdivision are found to conform with threments of the city
ordinances of the City of Iowa City, Iowa, with rto the establishment
of land subdivisions, and with the requirements oer 409 of the Code of
Iowa (1979) and all other statutory requirements:
NOW, THEREFORE, be it resolved by the City Council o\theity of Iowa
City, Iowa:
1. That said preliminary and final plat and plannedevelopment
plan and subdivision of Regency Gardens, Parts I through Addition to
the City of Iowa City, Iowa, be and the same is hereby approved by the City
fll4"VI'. I".r .r,
'JORM MICROLAB
CEDAR RAPIDS -DES 140INES
93Y
_p_
Council of Iowa City, Iowa, and the dedication of the streets, sidewalks and
public utilit s easements set out therein is hereby accepted
�s by law
provided and the west side of Westwinds Drive shall be poste "No Parking".
BE IT FURTHER SOLVED that the City Clerk of the C y of Iowa City,
Iowa, is hereby author ed and directed to certify a c y of this Resolution
and of the final plat of aid subdivision to the off ce of the County Recorder
of Johnson County, Iowa.
BE IT FURTHER RESOLVED th t the City Counc 1 of the City of Iowa City,
Iowa, hereby approves the Easeme Agreement ith Mad Creek Development
Corporation and Rolin Investments, td., an authorizes the execution of said
Easement Agreement by the Mayor and C ty lark.
It was moved by nd seconded by
that the Resolution as read be adopt d and Pon roll call there were
AYE NAY ABSENT
Balmer
Erdahl
Lynch
Neuhauser
Perret
Roberts
Vevera
The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk
of Iowa City, Iowa, here/
a true and exact copy of a Resolution of tXhe City
Council of Iowa City, Iowa, made at a regular meeting held on the day
of , 1981.
ABBIE STOLFUS
City Clerk of Iowa City, Iowa
MICROFILMED BY
JORM MICRO_ LAB
(CEDAR RAPIDS•DES MOINES
M
I
I MICROFILMED BY
JORM MICROLAB
!CEDAR RAPIDS -DES MOINES
Received & Approved
By the Legel Department
�luy�S - a 7- F/
93�
I
RESOLUTION NO. 81-166
RESOLUTION
PROGRAM AND REQUESTING UNITS NDER THE SECTION 8
FUNDS
MODERATE
WHEREAS, the Iowa City Housing Authority has determined that there is a
need for housing for low-income families; and
WHEREAS, the Iowa City Housing Authority has received an invitation from
the Department of Housing and Urban Development to submit an application
to administer a Section 8 Moderate Rehabilitation Program; and
WHEREAS, Iowa City presently has a contract under the Section 8 Existing
Housing Program, Contract No. KC9033, with the Department of Housing and
Urban Development and wishes to expand this program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. that the Mayor and City Clerk are hereby authorized and directed to
make application to the Department of Housing and Urban Development
for 30 units of Section 8 Moderate Rehabilitation units;
2. that said application shall be a request for funds under the Section
8 Housing Assistance Payments plan for moderate rehabilitation
units;
3. that the City Clerk is hereby authorized and directed to certify
appropriate copies of this resolution together with any necessary
certifications as may be required by the Department of Housing and
Urban Development.
It was moved by Neuhauser and seconded by Roberts that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
X Erdahl
X Lynch
X Neuhauser
X Perret
x Roberts
x Vevera
Passed and approved this 30th day of June ,
1981.
OR
!-
E ATTEST:
CITY CLERK
Received & Approved
By The Legal Department
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
CITY CSF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180)
STATE OF IOWA
) SS
JOHNSON COUNTY )
I, Marian.K. Karr, Deputy City Clerk of the City of Iowa City, Iowa,
do hereby certify that the motion listed below is a true and correct
motion taken from the minutes of the City Council meeting of June 30,
1981, all as the same appears of record in my office.
Dated at Iowa City, Iowa, this 1st day of July 1981.
Mar an K. Karr
Deputy City Clerk_
"Moved by Perret, seconded by Erdahl, that a letter be prepared
and submitted to the Department of Housing.and Urban Development
requesting that Project IA 22-4 and the funds associated there-
with be transferred from Public Housing New Construction to
Public Housing Acquisition."
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CEDAR RAPIDS•DES MOINES
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HUD --968 '
11 -
EXTRACT FROM MINUTES OF MEETING
EXTRACT FROM THE MINUTES OF A regular
MEETING OF THE Council
OF THE City of Iowa City
HELD ON THE 30th DAY OF June , 1981
The Council of the City of Iowa City
met in regular meeting at
Civic Center, 7:30 P.M. in the City of
Iowa City , Iowa , at the place; hour,
and date duly established for the holding of such meeting.
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The Mayor called the meeting to order and on roll call the
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following answered present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera.
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and the following vere absent: None
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The Mayor declared a quorum present.
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HUD -9011
(11-68)
CERTIFICATE OF RECORDING OFFICER
I, Abbie Stolfus , the duly appointed, qualified
and acting City Clerk of City of Iowa City
do hereby certify that the attached extract from the
minutes of the June 30th, 1981 meeting of the Council
of the City of Iowa City held on June 30th, 1981
is a true and correct copy of the original minutes of such meeting on file and of
record in so far as they relate to the matters set forth in the attached extract,
and I do further certify that each Resolution appearing in such extract is a true
and correct copy of a Resolution adopted at such meeting and on file and of record.
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said
this 30th day of June , 19 81
a
(SEAL)
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GPO !P=•623
95s
GENERAL CERTIFICATE
I, Abbie Stolfus, DO HEREBY CERTIFY as follows:
I. That I am the duly appointed, qualified, and acting City Clerk of
the City of Iowa City (herein called the "Local Agency"). In such capacity,
I am custodian of its records and am familiar with its organization,
membership, and activities.
2. That the proper and correct corporate title of the Local Agency is
the City of Iowa City, Iowa.
3. That the City of Iowa City, Iowa, was duly created pursuant to the
authority of the constitution and statutes of the State of Iowa including,
particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at
page 435, and was duly organized on the 4th day of July, 1839; and since the
date of its organization, the Local Agency has continued to exist without
interruption in the performance of its public corporate purposes.
4. That the names and dates of election or appointment, and the dates
of the beginning and ending of the terms of office, of the members of the
governing body of the Local Agency and of its principal officers are as
follows:
6. None of the above-named officers is ineligible to hold or
disqualified from holding, under the provisions of applicable law, the
respective office, specified above, which he holds. Note: A question had
arisen as to the status of Councilman Robert Vevera who was elected November,
1975, and sworn in as Councilman in January, 1976. The Council has
determined not to seek a Declaratory Judgment.
7. None of the above-named Councilpersons is an officer or employee of
the City of Iowa City, Iowa. See note to Item 6.
?SY
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS•DES MOINES
DATE OF
DATE OF COM-
DATE OF EXPIRA-
ELECTION OR
MENCEMENT OF
TION OF TERM
NAME & OFFICE (s)
APPOINTMENT
TERM OF OFFICE
OF OFFICE
John Balmer
Mayor
1/2/80
1/2/80
1/2/82
Councilman
11/6/79
1/2/80
1/2/84
Glenn E. Roberts
Mayor Pro tem
1/2/80
1/2/80
1/2/82
Councilman
11/8/77
1/2/78
1/2/82
Clemens Erdahl
Councilman
11/8/77
1/2/78
1/2/82
Lawrence Lynch
Councilman
11/6/79
1/2/80
1/2/84
Mary C. Neuhauser
Councilwoman
11/6/79
112/80
1/2/84
David Perret
Councilman
11/6/79
1/2/80
1/2/84
Robert A. Vevera
Councilman
11/8/77
1/2/78
1/2/82
Neal Berlin
City Manager
1/14/75
1/14/75
Indefinite
John Hayek
City Attorney
10/2/73
1/2/80
1/2/82
Abbie Stolfus
City Clerk
9/1/70
1/2/80
1/2/82
5. Each of the
above-named officers required to do so
has duly taken
and filed his oath of
office and each of
them legally required
to give bond or
undertaking has filed
such bond or undertaking in form and amount
as required
by law and has otherwise duly qualified
to act in the official
capacity above
designated, and each
is the acting officer
holding the respective office or
offices stated beside
his name.
6. None of the above-named officers is ineligible to hold or
disqualified from holding, under the provisions of applicable law, the
respective office, specified above, which he holds. Note: A question had
arisen as to the status of Councilman Robert Vevera who was elected November,
1975, and sworn in as Councilman in January, 1976. The Council has
determined not to seek a Declaratory Judgment.
7. None of the above-named Councilpersons is an officer or employee of
the City of Iowa City, Iowa. See note to Item 6.
?SY
MICROFILMED BY
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CEDAR RAPIDS•DES MOINES
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Page 2 Gc"+)al Certificate
8.
Since October 7, 1980, there have been no changes in or amendments
to the
charter, by-laws, ordinances, resolutions, or proceedings of the Local
Agency
with
respect to:
a)
The time and place of and other provisions concerning regular
meetings of the Local Agency;
b)
The provisions concerning the calling and holding of special
meetings of the Local Agency and the business which may be
taken up at such meetings;
c)
The requirements concerning a quorum;
d)
The manner in which the charter or by-laws of Local Agency may
be amended;
e)
The requirements regarding the introduction, passage,
adoption, approval, and publication of resolutions,
ordinances, or other measures, relating to the approval and
execution of contracts and the authorization, award,
execution, or issuance of bonds, notes, or other obligations
of the Local Agency;
f)
The officers required to sign, countersign, or attest
contracts, bonds, notes, or other obligations of the Local
Agency;
g)
The office of the Local Agency; or
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h)
The seal of the Local Agency.
On
January 2, 1976, the City Council adopted a Home Rule Charter
for the
City
of Iowa City, Iowa. Said Charter was passed according and
pursuant to State law.
9. The seal impressed below, opposite my signature, is the duly
adopted, proper, and only official corporate seal of the Local Agency.
IN WITNESS WHEREOF, I have hereunto setmy hand and the duly adopted
official seal of the Local Agency this 30th day June
19 81 —
ABBIE STOLFU
CITY CLERK
j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES 1401NES
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Form Approved
noon n
HUD -52515A (6.79) _}
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CEDAR RAPIDS -DES MOINES
U.S. DEPARTMEP ` HOUSING AND URBAN DEVELOPMENT------
SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM
APPLICATION FOR MODERATE REHABILITATION
(Submit an original and seven copier of this application form and attachments)
M�
APPLICATION/PROJECT NUMBER
(FOR HUD USE ONLY)
0000 --- 0000 -..❑0❑
The IOWA CITY HOUSING AUTHORITY
(Of/ficial Nmnr of Public flouting Adenry) hereby requests an Annual Contributions Contract to pro.
vide housing assistance payments for 30 units of Section 8 Moderate Rehabilitation.
® No prior applications for Section B Moderate Rehabilitation have been submitted.
❑ Prior application(s) approved, disapproved, or pending, Give ACC Part I Number ,and
application/project numbers)
Number of applications submitted at this time I
_
UMBER
CIVIC CENTER — 410 E. WASHINGTON STREET
DWA—C 6-5138
MAILING ADDRESS OF PHA IOWA CITY HOUSING AUTHORITY F6-30-81
(SJG/�lATURE ANDD/��.ITILEE� PHAVOFFICER AUTHORIZED TO SIGN THIS APPLICATION
�-�.. /'`ter --tel • PT�/L-.-v.t--.
JOHN R. BALMER, MAYOR
A. LOCAL GOVERNMENT CONCURRENCE ILOCALITIESWITHAPPROVEDHOUSING_ASS/STANCEPLANSI
The local government approves the submission of this application and finds it consistent with the Housing Assistance flan as specified
in Section E — Need for Housing Assistance.
SIGNATURE AND TITLE OF CHIEF EXECUTIVE OFFICERS OF LOCALITIES WITH APPROVED HOUSING ASSISTANCE PLANS IDENTIFIED IN
SECTION e, !Attach an addendum, )rnecersary.)
SIGNATURE AND TITLE
LOCALITY (City, Town, etc.)
DATE
THE CITY COUNCIL IS THE HOUSING AUTHORI
nypr-
THE MAYOR'S SIGNATURE
B. PRIMARY AREA(S) IN WHICH UNITS WILL BE REHABILITATED
LOCALITY (City, Town, etc) AP
tYes�or No COUNTY CONGRESSIONAL DISTRICT UNITS
Y 3
C. PROPOSED ASSISTED DWELLING UNITS
Number of units by bedroom size should be provided for each Fair Market Rent area. (Attach a separate schedule it necessary./
NUMBER OF DWELLING UNITS BY BEDROOM COUNT TOTAL
FAIR MARKET RENT (FMR) Bldp, Elderly, Handicapped or Disa. Family Larpa Family
AREAS Type DWELLING
Efficiency 1•BR 2 -BR 1•Bfl 2•eR aBR 4•Bfl SBr GBR UNITS
Elev.
Nonelev. 20 30 30
Elev.
None'-
-Elev.
Nonelev.
Elay.
onelov.
Elay.
Nonelev,
j
lay.
onelev.
EI.v.
Nonelev.
Non -elevator Building Types Likely to be Used (Detached, Senthdetached/Row, Walkup):
ALL OF THE ABOVE WILL BE CONSIDERED
HUD -52515A (6.79) _}
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_ PURPOSE AND LOCATION OF PROGRA•:'•±'
'Zi
Indicate which [one ormore] of the Program objectives the PHA proposes to achieve with this project and demonstrate the feasibility of
achieving that objective(:). (Check appropriate box(esl. If boxes 2 or 3 are checked, the area(s) applicable to the objectives should be
identified.)
1. 0 Freedom of housing choice and spatial deconcentration of assisted housing into areas outside of low income and minority con.
centfations. (PHAs in areas without a concentration of assisted housing may choose this objective and use the Moderate Rehabili•
tation Program in their jurisdiction to provide for dispersal of assisted housing.)
It this objective is selected, the PHA must demonstrate that there are sufficient units in need of moderate rehabilitation in areas
outside of low income and minority concentrations within the area of operation of the PHA which can be rehabilitated within the
FMR limitations of the Program. The PHA must also submit a Certification that it will select units outside of areas of minority con•
centration consistent with 24 CFR, Section 8B2.503(a)(9)(i).
2. Cl Prevention of displacement of Lower -Income Families in areas undergoing private rehabilitation.
If this objective is selected, the following items must be submitted: (a) a map outlining the neighborhood boundaries and indi•
caring major transportation corridors (streets, buslines, railroad tracks) and commercial, recreational and public facilities; and (b) a
description of neighborhood characteristics, including demographics (number of households, median income, age characteristics of
population, population trends, etc), owner/renter status of current residents, extent of vacancy and overall condition of the housing
stock. The PHA must also demonstrate that there are units in the neighborhood suitable for moderate rehabilitation, can meet the
site and neighborhood standards pursuant to Section 882.405(b), and can be rehabilitated within the FMR limitations of the
Program.
3. ❑ Neighborhood preservation and revitalization.
If this objective is selected, the PHA must submit the information specified in 2(a) and (b) above and a letter from the chief
executive officer of the local government endorsing the application and describing other public and private improvements completed,
underway and/or planned in the neighborhood to complement the Moderate Rehabilitation Program. The PHA must also demon•
strate that the Program is appropriate to the needs of the neighborhood and that there are units in the neighborhood suitable for
moderate rehabilitation and which can meet the site and neighborhood standards pursuant to Section 882.405(b).
E. NEED FOR HOUSING ASSISTANCE
Demonstrate that the project requested in this application is consistent with the applicable Housing Assistance Plan including the goals
for meeting the housing needs of Lower-income Families or, in the absence of such a Plan, that the proposal project is responsive to the
housing stock in the community and the housing assistance needs of Lower-income Families (including the elderly, handicapped and
disabled, large Families and those displaced or to be displaced) residing in or expected to reside in the community and that there is or
will be available in the area public facilities and services adequate to serve the housing proposed to be assisted.
CURRENT HAP REFLECTS 70 RENTAL UNITS PROJECTED FOR REHABILITATION IN THE 3 YEAR
GOALS. THE PLANNING STAFF IS CURRENTLY DRAFTING A REVISED HAP FOR SUBMISSION
WHICH WILL PROVIDE AN UPDATED AND CURRENT HAP WITH NEW GOALS AND WILL BE CONSIS—
TANT WITH THIS APPLICATION. THE UNITS WILL BE LOCATED IN THE CITY LIMITS, PUBLIC
FACILITIES AND SERVICES WILL BE AVAILABLE.
F. QUALIFICATION ASA PUBLIC HOUSING AGENCY
Demonstrate that the applicant qualifies as a Public Housing Agency (24 CFR,Sectlon 882.102) and is legally qualified and authorized to
carry out the project applied for fit this application. If the applicant already has an ACC for a Section 8 Existing Housing or Moderate
Rehabilitation Program, the appropriate boxes indicating that relevant documents have been previously submitted should be checked.
If the PHA already has an ACC for an Existing Housing project but is not administering a Moderate Rehabilitation project, a statement
from the public housing counsel must be submitted stating that the PHA is qualified to participate based on the documentation pre•
viously submitted for the Existing Housing Program.
(Chrrk Appropriate [Jox BrfowJ
SUBMITTED WITH THIS PREVIOUSLY
APPLICATION SUBMITTED
1. The relevant enabling legislation ❑
2. Any rules and regulations adopted or to be adopted by the ❑
agency to govern its operations
3. A supporting opinion from the PUBLIC HOUSING AGENCY COUNSEL ® ❑
G. REHABILITATION AND LEASING SCHEDULE
Provide a proposed schedule specifying the number of units to be placed under Agreement and the number of units to be leased by the
end of each three-month period (24 CFR, Section 882.6605 (c).)
IST QUARTER 5
2ND QUARTER 10
3RD QUARTER 10
4TH QUARTER 5
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H. HOUSING QUALITYSTANDARDS104. _I
Indicate below whether local housing codes, the Housing Quality Standards as set forth in 24 CFR, Sections 882.109 and 882.405 or
other standards which at a minimum meet the Performance Requirements of the Housing Quality Standards will be used in the oper.
ation of the Program. Examples of other standards to be used would include local rehabilitation codes or variations in the Accepta•
bility Criteria of the Housing Quality Standards. If the PHA proposes to use other standards, a copy of such standards must be sub•
mitted with a justification for their use. If the PHA proposes to use local housing codes, the PHA must provide a certification that the
local housing codes meet the Performance Requirements of the Housing Quality Standards and are on file in its office. (Check appro•
priate box).
❑ Use of local housing codes which are more restrictive than the Housing Quality Standards (attach above referenced certification)
® Use of Housing Quality Standards contained in Sections 882.109 and 882.405
❑ Other /specify and justify)
1. ADMINISTRATIVE CAPABILITY
Describe the experience of the PHA in administering housing or other programs, including the Section 8 Existing Housing Program, and
provide other information which evidences present or potential administrative capability for the proposed Program.
THE HOUSING AUTHORITY CURRENTLY ADMINISTERS 409 UNITS OF SECTION 8 EXISTING AND
HAS 32 UNITS OF TURNKEY PUBLIC HOUSING IN CONSTRUCTION. THE STAFF OF 4.5 POSITIONS
IS EXPERIENCED AND AFTER APPROVAL OF THIS PROGRAM, CONSIDERATION WILL BE GIVEN TO
INCREASING THE STAFF.
J. REHABILITATION EXPERTISE
Describe the rehabilitation expertise and experience of the PHA or how this expertise will be obtained. If the PHA proposes to sub.
contract with any public or private rehabilitation entity, the name of the subcontractor and a detailed description of the subcontractor's
rehabilitation experience should be provided. (A memorandum of intent between the PHA and the subcontractor specifying the obli•
gations of each party must be submitted.) The description of rehabilitation expertise should detail the PHA's or subcontractor's ex•
perience specifying the type of buildings (e.g., single-family or small multi•famfly); the extent of rehabilitation (e.g., cosmetic, major
systems repair or replacement, orsubstantial renovationl; and the role the PHA's or subcontractor's staff performed in the rehabilitation
(i.e., how much of the work was contracted out to architects, engineers or inspectors and how much of the work was actually per.
formed by staff). If the PHA proposes to hire staff, the qualifications of the staff should be detailed. The PHA must also demonstrate
the capacity to perform the services required in 24 CFR, Sections 882.507, 882.509, and 882.510.
CITY CURRENTLY HAS ONE EXPERIENCED REHABILITATION OFFICER WHOSE POSITION WILL BE
REDUCED TO PARTTIME EFFECTIVE JULY I. CONSIDERATION WILL BE GIVEN TO UTILIZING THIS
PERSON FOR THE SECTION 8 REHAB ON A PARTTIME BASIS. IF THIS IS NOT ACCEPTABLE, AN-
OTHER PERSON WILL BE HIRED AND TRAINED AS NECESSARY.
K. FINANCING
Indicate the types of financing expected to be used including Federal, State or locally assisted financing programs and describe the -
availability of such financing. If available, statements from these financing sources Indicating their willingness to finance rehabilitation
under this Program should be submitted.
AT THIS POINT IN TIME LOCAL UNASSISTED FINANCING WILL BE UTILIZED. IT IS POSSIBLE
THAT S014E TYPE OF ASSISTANCE MAY BE AVAILABLE THROUGH THE CDBG PROGRAM. THIS COULD
BE LOW-COST LOANS OR INTEREST PAYMENTS,
HUD -52515A 15.701
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CEDAR RAPIDS -DES M0If1ES
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Permanent displacement of tenants wilrVnly be allowed when sufficient suitable -sized uAIlYs will not be available In the building or com-
plex after rehabilitation. Indicate whether or not permanent displacement under these circumstances will be allowed. (Check appro•
priate boxl.
® No building will be selected for participation in the Program where permanent displacement of tenants will be necessary.
❑ Displacement of tenants will be allowed and any displacement will be accomplished and benefits provided as required in Section
882.407. If the PHA plans to select buildings where displacement will be necessary, the PHA must attach a certification that it
will comply with the requirements specified in Section 882.407 and provide a selection preference to any displaced Family in any
assisted housing program it administers. If the PHA does not administer the Section 8 Existing Housing Program, a letter from the
PHA administering that program in the area indicating that a preference will be provided to Families displaced by the Moderate
Rehabilitation Program must be attached. The PHA must also Indicate the agency which will provide relocation assistance, describe
how the assistance and payments associated with permanent displacement will be funded, and attach a commitment from the
funding agency.
M. ATTACHMENTS
The following additional items may be submitted either with the application or after application approval, but no later than with the
PHA executed ACC. Items 1, 2 and 3 below should be submitted together.
SUBMITTED WITH TO BE PREVIOUSLY
THIS APPLICATION SUBMITTED SUBMITTED
1. Equal Opportunity Housing Plan (24CFR, Section 882. '
503(b)1 and Certifications, Form HUD -920. ❑ ❑ IR
2. Estimates of Required Annual Contributions, Forms
HUD -52671, HUD -52672, and HUD -52673. ❑ ® ❑
3. Administrative Plan (24 CFR, Section 882503(6)(4). ❑ ❑
4. Proposed Schedule of Allowances for Utilities and Other
Services, Form HUD -52667, with a justification of the ❑ ❑
amounts proposed.
HUD FIELD OFFICE RECOMMENDATIONS
RECOMMENDATION OF'APPROPRIATE REVIEWING OFFICE
SIGNATURE AND TITLE
DATE
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RESOLUTION NO. 81_167
RESOLUTION AUTHORIZING THE CITY MANAGER, UNDER THE AUTHORITY
PROVIDED BY SECTION 206 OF THE UNIFORM RELOCATION ASSISTANCE
AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (UNIFORM
ACT) TO USE SMALL CITIES/LOWER RALSTON CREEK PROJECT FUNDS, NOT
TO EXCEED $10,000 IN EXCESS OF THOSE ALREADY AUTHORIZED UNDER
SECTION 203 OF THE UNIFORM ACT, FOR THE TIMELY RELOCATION OF
JOSEPHINE GRAHAM.
WHEREAS, the City of Iowa City has been granted $775,000 for the second
year of the Small Cities Comprehensive Grant Program under the Housing and
Community Development Act of 1974 for the revitalization of the Lower
Ralston Creek Neighborhood; and
WHEREAS, the second year allocation for the Small Cities Program includes
funds for acquisition and relocation; and
WHEREAS, the relocation of Josephine Graham, 205 E. Benton Street, is
necessary for the Small Cities Project to proceed in a timely manner; and
WHEREAS, the maximum relocation payment authorized under Section 203 of
the Uniform Act to be paid by the City to Josephine Graham is not
sufficient for her to purchase decent, safe and sanitary replacement
housing under current market conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that the City Manager of Iowa City, under the authority provided by
Section 206 of the Uniform Act, is hereby authorized to use Small Cities
Project funds, not to exceed $10,000 in excess of those already authorized
under Section 203 of the Uniform Act, to enable the timely relocation of
Josephine Graham.
It was moved by Perret and seconded by Vevera the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
Balmer
x
Erdahl
x
Lynch
x
Neuhauser
x
Perret
x,_
Roberts
x
Vevera
Passed and approved this 30th day of June , 1981.
YOR �5���^ "t ---
ATTEST:C:-a�« . _ 4
CI CLERK
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
Received d, Approved
8Y The Legal Deparhnent
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City of Iowa City
MEMORANDUM
Date: June 22. 1981
To: City Council
From: J Jim Hencin, CDBG Program Coordinator
Re: Last Resort Replacement Housing for a Person to be Relocated
from the Lower Ralston Creek (Small Cities) Neighborhood
HUD encourages local governments and agencies administering a community
development project to take maximum advantage of the authority under
Section 206 (Last Resort Replacement Housing) of the Uniform Act to use
project funds to provide suitable replacement housing, when needed as a
last resort, to enable a project to proceed in a timely manner. Under HUD
Uniform Act regulations, no person can be required to move from his/her
dwelling, unless he/she has been given a reasonable choice of
opportunities to relocate to a comparable replacement dwelling.
Comparable replacement dwellings must, of course, be decent,, safe and
sanitary.
A local government can use the flexible authority under Section 206
whenever it is determined that, unless it provides last resort housing,
there is reasonable likelihood that the project will not be able to
proceed as scheduled, because a comparable replacement dwelling will not
be available to persons being displaced.
Josephine Graham, 205 E. Benton St., is eligible for a basic replacement
housing payment of up to $15,000 under Section 203 of the Uniform Act.
The appraised value of her property is $24,500, and we have established
that comparable housing is currently available in Iowa City at prices
ranging from $40,000 to $45,000. In order to relocate Ms. Graham and pay
for attorney fees and other fees mandated by HUD, it may be necessary to
provide up to $10,000 in excess of the statutory limits of $15,000 for a
replacement housing payment.
Adoption of the attached resolution will satisfy the requirements of
Section 206. Funds for this relocation are available in the Small Cities
CDBG budget.
bj5/14
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RESOLUTION NO. 81-168
RESOLUTION AUTHORIZING AN EXTENSION OF THE PERIOD FOR RECEIPT
OF OFFERS TO PURCHASE LAND FOR PRIVATE DEVELOPMENT (ALL, OR A
PORTION OF, ELM GROVE PARK).
WHEREAS, the City Council desires to sell all, or a portion of, Elm
Grove Park for private development; and
WHEREAS, the City Council has adopted Resolution No. 81-52,
authorizing and directing the solicitation of offers to purchase
all, or a portion of, Elm Grove Park for private development; and
WHEREAS, the City Council desires to extend the deadline for receipt
of said offers to purchase until September 30, 1981;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, that the City Manager is hereby authorized and directed to so
extend the period for receipt of offers to purchase all, or a portion
of, Elm Grove Park for private development.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed to publish notice of such extension of the period for I!
receipt of offers to purchase Elm Grove Park for private development.
i
It was moved by Neuhauser and seconded by Erdahl
that the resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
x Neuhauser I
x Perret
x Roberts
x Vevera
— 1
Passed and approved this 30th day of June 1981.
MAYOR
ATTEST:
CITY CLERK (1
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MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
PUBLIC NOTICE
PUBLIC NOTICE OF EXTENSION OF PERIOD FOR RECEIPT OF
OFFERS TO PURCHASE LAND FOR PRIVATE DEVELOPMENT
NOTICE is hereby given that tha City of Iowa City,
Iowa, has extended the period in which the City
will receive Offers to Pdrehase Land for Private
Development for the ,following listed parcel:
All, or only the eastern portion, of Elm Grove
Park.
Additional information regarding this solicitation
is contained in the Prospectus which is available
at the Office of the City Clerk, Civic Center, 410
E. Washington St., Iowa City, Iowa 52240, or which
will be mailed upon request.
i
Full and complete information as to form and
content of bid documents, and bidding procedures
are contained in a Proposal Packet which is avail-
able at the Office of the City Clerk, or which will
be mailed upon request.
All Offers must be received, as set forth in the
Prospectus, by the City Clerk, Civic Center, 410 E.
Washington Street, Iowa City,Iowa no later than
12:00 noon (CDT), September 30, 1981, at which time
and place all bidding shall be considered closed.
Dated this 2nd day of July , 1981.
t
i
i
Abbie Stolfus, City CL4rk
I -
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
■
I,—
L."
.,
RESOLUTION NO. 81-169
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST A FOURTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND
JOHNSON COUNTY FOR TRANSIT SERVICES.
WHEREAS, it is in the public interest to provide transit services to Iowa City
residents who have special transit needs due to age or handicap, and
WHEREAS, the Johnson County SEATS program is designed to provide special elderly
and handicapped transit services, and
WHEREAS, Iowa City and Johnson County have entered into a 28E Agreement for
purposes of providing such services, which Agreement has been recorded in the
Johnson County Recorder's Office, and
WHEREAS, a Renewal Agreement has now been negotiated in order to continue said
delivery of special transit services to Iowa City residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFIOWA CITY, that
the Mayor is hereby authorized to execute and the Clerk to attest said Renewal
Agreement and to direct that said Agreement be filed with the Secretary of State
and the County Recorder as required under Chapter 28E, Code of Iowa 1979.
It was moved by Perret and seconded by Vevera that the
resolution as read be adopted, and upon roll call there were:
f AYES: NAYS: ABSENT:
x Balmer
x Erdahl
—Lynch
Lynch
{ x Neuhauser
IIj x Perret
x Roberts
x Vevera
Passed and approved this 30th day of JJuu/nee 1/19/81.
Y / 'Ys -•—r/1 tri �^-+2Z��
J
AY R
ATTEST:
CITY CLERK
Received d Approved
By The Legal Department
Z
967
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
._.7
u
FOURTH RENEWAL
OF
AGREEMENT FOR TRANSIT SERVICES
This renewal agreement is entered into by and between Johnson County,
I
Iowa and the City of Iowa City, Iowa, both municipal corporations.
Whereas, the parties hereto wish to renew their agreement for transit
services which is recorded in Book 501 at page 303 in the Office of the
Johnson County Recorder:
fNow, therefore, be it agreed by and between Johnson County, Iowa, and
the City of Iowa City, Iowa, as follows: i
t
1. The fourth renewal term of this agreement shall commence July 1,
I i
1981 and continue for one year through and including June 30, 1982.
2. Paragraph 4(A) of the original agreement, as amended, is
i
further amended by deleting the entire language thereof and substituting
the following: "The County shall operate sufficient vehicles within the
corporate limits of Iowa City to provide approximately 100 vehicle hours II!
I; ofj!service per week; actual hours of operation shall be set by Johnson i
County through its Board of Supervisors."
i
i. 3. Paragraph 4(C) of the original agreement, as amended, is further
amended by deleting the entire language thereof and substituting the
I
following: "The County shall request a donation. All such donations will
i
be retained by the County to help defray operating costs."
4. In consideration of the County's agreement to provide special
elderly and handicapped transit service as herein provided, the City of
Iowa City agrees to pay to Johnson County the sum of $52,000.00 for the
one-year period covered by this contract.
95P
_t
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
F
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-z-
4. In all other respects the original agreement, as amended, between
the parties remains in full force and effect.
6. This renewal agreement shall be filed with the Secretary of the
State of Iowa and the County Recorder of Johnson County, Iowa.
Dated this 30 64 day of 1981.
CITY OF IOWA CITY, IOWA i IH14SON COUNTY, IOWA
BY: BY:
J hn Balmer Dennis La enberg,
hairm n
4tayor Board of upervisors
e
Attest:
City Clerk
ROMKIW $ Approved
The Easal De dmeni
5 is
j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS•DES-140INES
Johnson CCrity Council of Govern"its
410EMshirgtonst. bvvocity, bAo52240
r� 00
0
Date: June 26, 1981
To: City Manager and City Council
From: \+John Lundell, Transportation Planner
Re: FY82 Renewal of SEATS Contract
Contained in the City Council's agenda for their meeting of June 30, 1981,
is a resolution authorizing the Mayor to sign a renewal agreement with
Johnson County for FY82 SEATS elderly and handicapped transportation
service. This renewal is essentially the same as past renewals except
that the number of service hours has been increased from 67 to 100 hours
per week. This change more accurately reflects the hours of service which
the City has been receiving in the past. The FY82 contract amount is
$52,000 as compared to this current year's $32,500. This substantial
increase is primarily due to the fact that SEATS has been providing many
more hours of service than actually called for. The number of hours
contained in the FY82 renewal will bring the number up to the actual level
of service being provided.
As you are aware, the City has requested the Iowa Department of Transpor-
tation to fund the entire SEATS contract amount as a portion of the City's
FY82 State Transit Assistance grant. We have received strong indications
that the State will concur with the City's request.
Since the Transit Division could not begin to provide its own specialized
transportation service for anywhere near this cost, the Transit Manager
and I recommend that the City accept the Board of Supervisors' contract
proposal.
cc: Hugh Mose
Don Schmeiser
bj/sp
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES I40INES
W1
D
OFFICE OF THE
CIVIL -JUVENILE DIVISION p N T Y CRIMINAL DIVISION
RalphJ. Patrick White Kevin B. Potter
truve
First Assistant Kevin B.. Sock
Janice M. Becker
Dentes L Bray CO� �Stevan R. papanwather
Anne M. Lahey 7 O
�� P.O. Box 24M
t320 S.
C into n Stree 0
314337-9M �� -I*
7O
JACK W. DOOLEY • County Attorney
July 1, 1981
TO: City Clerk
RE: SEATS/Senior Center Operations contract
FROM: J. Patrick White - \
First Assistant County Attorney
I am delivering with this memo:
(1) Three executed copies of the Fy 1982
SEATS contract (fourth renewal).
Please upon execution return two to
me. Ile will attend to the filing
and recording.
(2) Three executed copies of the Agreement
for Senior Center Operation. Please
upon execution return one to me.
I will assume that you will attend
to the filing and recording.
Please call if there are questions. Thanks for your
assistance.
MICROFILMED By
JORM MICROLAB
CEDAP
RAPIDS -DES I40INES
I `p
CITY OF
IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D
July 2, 1981
Johnson County Attorney
J. Patrick White, First Asst.
P. 0. Box 2450
328 S. Clinton St.
Iowa City, Iowa 52240
Dear Pat:
Regarding the agreement for transit services with the City (SEATS),
enclosed please find:
1) one originally executed copy of the Resolution adopted and
28E agreement to be recorded,
2) one originally executed copy of the Resolution adopted and
28E agreement to be filed with the Secretary of State,
3) an original Resolution and copy of the 28E agreement for
Johnson County files.
Also enclosed please find a copy of Iowa City's Resolution with an
originally executed copy of the 28E Agreement regarding Senior Center
operations. I have filed the same with the Secretary of State and have
recorded with the Johnson County Recorder.
Yours very truly,
Abbie Stolfus, CMC
City Clerk, Iowa City
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
95?
_-I
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W
RESOLUTION NO. 81-171
A RESOLUTION AWARDING A CONTRACT TO MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC. FOR THE PURCHASE AND INSTALLATION OF A TWO-
WAY RADIO SYSTEM FOR THE IOWA CITY TRANSIT SYSTEM.
WHEREAS, the City of Iowa City, Iowa, has filed an application with the
Iowa Department of Transportation for State Transit Assistance, and
WHEREAS, the City has filed an application with the Iowa Department of
Transportation for Federal transit assistance under Section 18 of the
Urban Mass Transportation Act of 1964, as amended, and
WHEREAS, the City has been awarded such capital grants by the Iowa
Department of Transportation to finance the purchase and installation of a
two-way radio system for the Iowa City transit system, and
WHEREAS, Motorola Communications and Electronics, Inc. has submitted the
best bid for the purchase and installation of the radio system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that Motorola Communications and Electronics, Inc. be awarded
the contract to purchase and install the above-mentioned two-way radio
system.
It was moved by Neuhauser and seconded by Perret the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Balmer
x
Erdahl
x
Lynch
x
Neuhauser
x
Perret
x
Roberts
x
Vevera
Passed and approved this 30th day of June 1981.
AYOR
ATTEST: c cr�J
CITY CLERK
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
Roce}ved & Approved
By The legal Department
6—/6— jr_/
n
RESOLUTION NO. 81-172
A RESOLUTION AWARDING A CONTRACT TO COLUMBIA EQUIPMENT CO. FOR
THE PURCHASE OF TEN (10) BUS SHELTERS FOR THE IOWA CITY TRANSIT
SYSTEM.
WHEREAS, the City of Iowa City has filed an application with the Iowa
Department of Transportation for Federal Transit Assistance under Section
18 of the Urban Mass Transportation Act of 1964, as amended, and
WHEREAS, the City has been awarded a Section 18 capital grant for the
purchase of ten (10) bus shelters, and
WHEREAS, the Columbia Equipment Co. has submitted the best bid for the
purchase of the ten (10) bus shelters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the Columbia Equipment Co. be awarded the contract to
purchase the above-mentioned bus shelters.
It was moved by Neuhauser and seconded by Perret the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 30th day of June 1981.
MAYOR
ATTEST: i
CITY CLERK
MICROFILMED BY
JORM MICRO_ LAB
CEDAR RAPIDS -DES 1401NES
Received & Approved
By, The Legal Department
We
RESOLUTION NO. 81-173
A RESOLUTION AWARDING A CONTRACT TO WARD BUS BODY SALES FOR THE
PURCHASE OF AN ADULT-SEAT PASSENGER BUS WITH LIFT FOR THE
UNIVERSITY OF IOWA.
WHEREAS, the City of Iowa City, Iowa, has filed an application under the
Urban Mass Transportation Act of 1964, as amended, to finance the purchase
of transit equipment on behalf of itself, the City of Coralville, and the
University of Iowa, and
WHEREAS, the City has been awarded a capital grant by the United States
Department of Transportation to finance the purchase of an Adult-Seat
Passenger Bus with Lift, and
WHEREAS, the University of Iowa has agreed to reimburse the City for the
local share of the cost of the above-named bus, and
WHEREAS, Ward Bus Body Sales has submitted the best bid for the purchase
of the above-named bus. I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
I CITY, IOWA, that Ward Bus Body Sales be awarded the contract to purchase
an Adult-Seat Passenger Bus with Lift.
It was moved by Neuhaus er and seconded by Perret the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer
x
�- Erdahl
-x Lynch
_ x Neuhauser
x Perret
x Roberts
_x Vevera
I
Passed and approved this 30th day of June 1981.
AYOR
I
ATTEST:
3CiTCL
RK
I
i
I'
Received & Approved
j By The Legal Deparhnanf
9</
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
RESOLUTION NO. 51-174
RESOLUTION
ADVANCED DESIGN TRANSIOTNCOACHESTRACT OWITHP
LAN -USA FOR THE PURCHASE OF SIX
(6)LIFTS, WITH AN OPTION ON ONE (1)
ADDITIONAL UNIT, FOR THE CITY OF IOWA CITY, THE CITY OF CORALVILLE, AND
THE UNIVERSITY OF IOWA.
WHEREAS, the City of Iowa City, Iowa, has filed applications under the
Urban Mass Transportation Act of 1964, as amended, to finance the purchase
of transit equipment on behalf of itself, the City of Coralville, and the
University of Iowa, and
WHEREAS, the City has been awarded capital grants by the United States
Department of Transportation and the Iowa Department of Transportation to
finance the purchase of Advanced Design Transit Coaches with Lifts, and
i
!, WHEREAS, the City of Coralville and the University of Iowa have agreed to
i reimburse the City for the local share of the cost of their respective
transit coaches, and
WHEREAS, Neoplan-USA has submitted the best bid for the purchase of the
above-named transit coaches.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that Neoplan-USA be awarded the contract to purchase six (6)
Advanced Design Transit Coaches with Lifts, with an option to purchase one
(1) additional coach at a later date. i
and seconded by Lynch _ that the 1
It was moved by Perret__ !
resolution as read be adopted, and upon roll call there were: 1
AYES: NAYS: ABSENT:
X Balmer
X Erdahl
X Lynch
X Neuhauser }
X Perret ;
xRoberts
X Vevera
i
Passed and approved this 30th day of Jun_ a _, 1981•
I � I
r
AYOR
ATTEST:
CIT CLERK
i
Received & Approved
g�e Legal Department
'f
i MICROFILMED BY
JORM MICRO_ LAB
CEDAR RAPIDS -DES 1401NES
L".
RESOLUTION NO. 81-175
A RESOLUTION PROVIDING FOR PARTICIPATION BY THE CITY OF
IOWA CITY, IOWA IN THE FORI4ATION OF THE IOWA
MUNICIPALITIES WORKERS' COMPENSATION ASSOCIATION.
WHEREAS, the City is subject to the provisions of Chapter 85 and
86 of the Code of Iowa, and is required to insure its liability
thereunder for workers' compensation, unless relieved therefrom as
provided by statute; and
WHEREAS, The Code (Section 87.4) provides that a group of
employers may form insurance associations and that membership in
such an association together with the payment of premiums due, shall
be evidence of compliance with Chapter 87; and
WHEREAS, a group of Iowa Municipalities desires to form the Iowa
Municipalities Workers' Compensation Association for the purpose of
providing coverage for workers' compensation and employers'
liability related to workers' compensation, as efficiently as
possible; and
WHEREAS, it is in the best interest of the City to participate
in the formation of such an association; and
WHEREAS, the City reserves the right hereafter to decline to
become a member in such association;
NOW, THEREFORE, BE IT RESOLVED that Iowa City joins with other
Iowa Municipalities in the formation of the Iowa Municipalities j
Workers' Compensation Association, and that the Mayor and City Clerk
are hereby authorized and directed to execute the documents
necessary thereto.
It was moved by Neuhauser and seconded by Erdahl that
the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: j
X Balmer
z Erdahl
X Lynch
X Neuhauser
X.Perret
x — Roberts
X Vevera
Passed and approved this 30th day of June 1981.
i
4AYOZR
ATTEST: 1
— J,&� �)
CITY CLERK
Received & Approved
By`The Legal Department
�f
i MICROFILMED BY
'JORM MICRO_ LAB
. CEDAR RAPIDS•DES MOINES
V
RESOLUTION NO. 81_175
A RESOLUTION PROVIDING FOR PARTICIPATION BY THE CITY OF
IOWA CITY, IOWA IN THE FORMATION OF THE IOWA
MUNICIPALITIES WORKERS' COMPENSATION ASSOCIATION.
WHEREAS, the City is subject to the provisions of Chapter 85 and
86 of the Code of Iowa, and is required to insure its liability
thereunder for workers' compensation, unless relieved therefrom as
Provided by statute; and
WThe HEREAS,
form Cinsurance associations oandothat vids amembership in
such an association together with the payment of premiums due, shall
be evidence of compliance with Chapter 87; and
WHEREAS, a group of Iowa Municipalities desires to form the Iowa
Municipalities Workers' Compensation Association for the purpose of
providing coverage for workers' compensation and employers'
liability related to workers' compensation, as efficiently as
Possible; and
WHEREAS, it is in the best interest of the City to participate
in the formation of such an association; and
j WHEREAS, the City reserves the right hereafter to decline to
I become a member in such association;
Iowa
NOW, THEREFORE BE IT
heEformation ofowa theClIowaoMunicipalities
Workers' Compensation Association, and that the Mayor and City Clerk
are hereby authorized and directed to execute the documents
necessary thereto.
I
It was moved by Neuhauser
bEr
the resolution as read be adopted,Idand cupon droll alfahl there were.. that
AYES: NAYS: ABSENT:
x
fit— -
Balmer
x Erdahl
x Lynch
x Neuhauser
x Perret
x Roberts
Vevera
Passed anapproved this 30th day of June
• ne 1981.
c;
z
YO
/tT7!10
l ' I $ C L Rlt
Reeelved
'�:�; � '......••'• b Approved
r.1 / n 0.).*)BY The legal Deperfinenf
yG3
i MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
t "-
L_ i
Ms. Abbie Stolfus
City Clerk
Civic Center
Iowa City, IA 52240
Dear Abbie:
Enclosed please find the original and six copies of an agreement. Also'
please find enclosed a loose copy of the agreement which the City should
retain until we get all of the documents executed'
I would appreciate it if You and the mayor would execute and h have
to
ugh
notarized the original and six copies and if You would be six copies.
attach certified copies of Your resolution to the original
We Will be responsible for recording with the Insurance Commissioner,
the Secretary of State and the file-son County tamped cop�ck forder rlyourlrecords see to it
that you get a fully executed
Thank you for your courtesy and cooperation in this matter.
Very truly Yours,
V�
William F. Sueppel
WFS:ama
Enclosures
f MICROFILMED BY
'JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
je3
MEARDON, SUEPPEL, DOWNER &HAYES
WILLIAM L.MEARDON
LAWYERS
TELEPHONE
WILLIAM F. SUEPPEL
122 SOUTH LINN STREET
33B•9222
ROBERT N.DOWNER
JAMES P. HAYES
IOWA CITY, IOWA 52240 AREA CODE 31B
JAMES D. MCCARRAGHER
THOMAS J. CILEK
MARK T. HAMER
THOMAS D. HOBART
MARGARET T. LAINSON
i ANGELA M. RYAN
,lane 30, 1981
Ms. Abbie Stolfus
City Clerk
Civic Center
Iowa City, IA 52240
Dear Abbie:
Enclosed please find the original and six copies of an agreement. Also'
please find enclosed a loose copy of the agreement which the City should
retain until we get all of the documents executed'
I would appreciate it if You and the mayor would execute and h have
to
ugh
notarized the original and six copies and if You would be six copies.
attach certified copies of Your resolution to the original
We Will be responsible for recording with the Insurance Commissioner,
the Secretary of State and the file-son County tamped cop�ck forder rlyourlrecords see to it
that you get a fully executed
Thank you for your courtesy and cooperation in this matter.
Very truly Yours,
V�
William F. Sueppel
WFS:ama
Enclosures
f MICROFILMED BY
'JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
je3
if
RESOLUTION NO.
A RESOLUTION PROVIDING FOR PARTICIPATION BY THE CITY OF
IOWA CITY, IOWA IN THE FORMATION OF THE IOWA MUNICIPALIf1E S
WORKERS' COMPENSATION ASSOCIATION.
WHEREA�, the City is subject to the provisions of Chapter,85 and
86 of the ode of Iowa, and is required to insure its liability
thereunder f r workers' compensation, unless relieved therefrom as
provided by s atute; and
WHEREAS,\agr
Code Section 87.4
( ) provides/that a group of
employers may insurance associations and /that membership in
such an assocn together with the payment of premiums due, shall
be evidence oliance with Chapter 87; anc�/
WHEREAS,up of Iowa Municipalities/desires to form the Iowa
V MunicipalT,,Workers' Compensation Associ,aation for the purpose of
providing 'coverage for workers' cofipensation and employers'
liability related o workers' compensation, as efficiently as
possible; and /
WHEREAS, it is in he
in the formation of such n
WHEREAS, the City re
become a member in such ass
NOW, THEREFORE, BE IT
Iowa Municipalities in th
Compensation Association',
hereby authorized and idir
thereto.
It was moved by
the resolution as ead be adopted,p
AYES: NAYS:
% _
_ Roberts
Vevera
Passed and approved this _day of
best interest of the City to participate
assoc ration; and
ery s the right he to decline to
o i tion;
RE OLVED that Iowa City join with other YTies
for tion of the Iowa Municipal Workers'
and hat the Mayor and City Clerk are
ected execute the documents necessary
and conded by that
an upon roll call there were:
ABSENT:
Balmer
Erdahl
Lynch
Neuhauser
Perret
ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
, 1981.
2BCe1V08 &A p p r o. t4
By Tie L -0a) Dep"e.7n,*nt
963
.T
F
d
AN AGREEMENT FORMING THE `•i, 1 ') // /
IOWA MUNICIPALITIES WORKERS COMPENSATION ASSOCIATION
f•
Li
The undersigned municipalities hereby Aointiy form an association
under the provisions of Chapter 28E, The Code, and all amendments
thereto, with all the rights, powers and privileges vested in and
conferred upon such an association under the laws of the State of Iowa,
and hereby adopt, execute and acknowledge the following articles of
agreement. 00601
I ivaT. NO.
POLK COUNTY, IOWA
ARTICLE I FIL€fl FOR RECORD
NAME -PLACE OF BUSINESS 9i JUS 6 1981 A.
KATIE HOISCMiH,A�ad'r
By �P
Section 1. The name of this association shall be Iowa
Workers Compensation Association.
Section 2. The principal place of business of this association shall
be located in Des Moines, Polk County, Iowa, and the initial address of
the association shall be: Suite 100, 9DO Des Moines Street, Des Moines,
Iowa 50316.
ARTICLE II
PURPOSES -POWERS -MEMBERS
Section 1. The purpose of this agreement is to establish an association
whereby Iowa municipalities may jointly comply with the provision of
Chapter 87, The Code, by pooling the risks of their workers compensation
liabilities.
Section 2. In order to carry out these purposes, the association shall
exercise and enjoy all of the powers, privileges and authority exercised
or capable of exercise by a municipality of this state, in meeting its
obligations under Chapter 87, The Code provided, specifically that this
association shall have no power to levy taxes.
14ICROFILMED BY
JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
Beer 5110 PA 612
JL3
7
-2 -
Section 3. Membership in this association shall be limited to Iowa
municipalities which are members of the League of Iowa Municipalities.
ARTICLE III
EFFECTIVE DATE -DURATION -TERMINATION -DISPOSAL OF ASSETS
Section 1. The effective date of this agreement shall be the date
these Articles are approved by the Iowa Commissioner of Insurance, and
i
the agreement is filed with the Secretary of State of Iowa and recorded
t
with the county recorder of Polk County and of each county in which an
undersigned municipality is located.
i
Section 2. • This agreement becomes effective as to any other
*municipality on the date the resolution authorizing the municipality to
become a member is approved by the association and.a copy of such
I
resolution and approval is filed with the secretary of state and
recorded with the county recorder in the county in which the
municipality 1s located; a copy of this agreement shall also be recorded
in said county if said agreement has not previously been so recorded.
Section 3. This agreement shall continue in effect until terminated by
the Board of Directors, provided that the termination shall not be
effective until written notice thereof has been filed with the Iowa
Commissioner of Insurance and the manner and method of disposing of
outstanding claims has received the approval of the commissioner.
Section 4. Upon the termination of this agreement, any assets of the
association not required to be maintained in a reserve for the payment
of claims, and any assets remaining after all claims have been settled
and disposed of, shall be returned to the participant cities.
. ooDf 5110 racy fi1:3
4743
j - MICROFILMED BY
JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
I
7
i
4 -
ARTICLE IY
BOARD OF DIRECTORS
Section 1. The business and affairs of this association shall be
managed and conducted by a Board of Directors consisting of such number
as may be designated in the By -Laws of the association.
Section 2. The names and addresses of the initial Board of Directors
are as follows:
Name Position Address
Carolyn Farrell Executive Board-LIM Dubuque, Iowa
E. J. Giovannetti Executive Board-LIM Urbandale, Iowa
Neal Berlin City Manager Iowa City, Iowa
William Dillon Purchasing Officer Davenport, Iowa
Ken Kew Mayor Mason City, Iowa
Darrell Rensink City Manager Sioux Center, Iowa
Roy Youngers Mayor Sheldon, Iowa
"�-_ Section 3. A director shall receive no compensation for serving as a
director of the association.
Section 4. A director and any officer of the association, as a
condition of accepting said office, shall be reimbursed by the associa-
tion for expenses actually and necessarily incurred In serving as a
director, and shall be indemnified against expenses actually and
necessarily incurred in connection with the defense of any action, suit
or proceeding in which the director is made a party by reason of having
been or being a director or officer of.the association.
j MICROFILMED BY
'JORM MICROLAB
'CEDAR RAPIDS -DES MOINES
anfY5110 flsA 4
?63
�T
4 -
ARTICLE V
EXECUTION OF INSTRUMENTS
Section 1. Deeds, mortgages, contracts, conveyances and other instru-'
ments creating, conveying, granting or releasing any interest in real
estate and all other instruments or contracts having or requiring the
acknowledgment of this corporation shall be sufficiently executed if
signed by the President and Secretary or by the Vice -President and the
i
Secretary. ,
E
Section 2. The By -Laws as adopted by the Board of Directors or a
special resolution may provide for other methodss,of execution of ary
instruments referred to in this Article V.
Section 3. This association shall not have a seal.
i
ARTICLE VI
MEETINGS -OFFICERS -BY-LAWS
a �
j
Section 1. This association shall have an annual meeting of its Board j
I
of Directors and may have such other and special meetings at such times
and places, and with such notice as it provided by the By -Laws.
Section 2. This association may have such officers and assistant
iofficers
as may be deemed necessary by the Board of Directors and the
number, manner of selection or election, term of office, and other
irelated
matters shall be provided in the By -Laws.
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Section 3. The association may adopt By -Laws for the regulation and
s
management of the affairs of this association not inconsistent with
nthese
Articles or the laws of the State of Iowa.
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ARTICLE VII
FUND
Section 1. The association shall finance this joint undertaking through
a Workers Compensation Fund consisting of the contributions of all
participant members, the money earned from the lawful investment of
these contributions, and all other moneys which shall be received by the
association in connection with the administration of the fund.
Section 2. The board at its annual meeting shall approviva budget for
the coming year based on anticipated receipts from all sources and
anticipated expenses including reserves required to be maintained during
the coming year. The initial budget for the first year of operation, or
partial year, shall be approved by the board at its initial organiza-
tional meeting.
Section 3. The association may use the.fund to pay all lawful expenses
of the association, and shall make all payments which it considers
reasonable in administering the fund, including but not limited to,
direct payments of workers compensation claims, the payment of premiums
for insurance and re -insurance policies, the establishment of such
reasonable reserves as it may be required to maintain, and the return of
excess contribution to its members.
! Section 4. The association shall be obligated to return to the
t
participating municipalities the excess of contributions and other
income over costs, expenses, losses and such reasonable reserves as may
be required by law to be maintained.
Section. S. The association shall establish rules and regulations, in
accordance with the laws of the State of Iowa, for the payment of workers
.'compensation benefits and related employer liability claims against any
i
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participating municipality. Each participant municipality agrees to
comply with these rules and regulations, and further agrees that the
association, its administrator -and service agent will have full authority
to handle, investigate and dispose of all claims for workers compensation
and related employer liability made against the municipality.
Section 6. The association shall appoint the League of Iowa
Municipalities as administrator of the fund. The administrator shall
have power and authority to implement the policy of the association and
to supervise the fund, pursuant to applicable state and federal laws,
rules and regulations. The administrator shall be entitled to such fees
for its services as may be agreed to by the association and the
administrator.
Section 7. The association may appoint a Service Agent to advise the
administrator in all manners relating to the supervision of the fund,
including but not limited to determining of the amount of annual
G contributions required to be made by the participant municipalities;
handling, investigating and disposing of claims against the participant
municipalities; advising the administrator on the proper establishment
and maintenance of necessary reserves; recommending the proper amount
of reinsurance; providing the reports and accountings. necessary to be
filed with the insurance commissioner; and presenting programs to the
members relating to the elimination of safety hazards. The service
agent shall be entitled to such fees for its services as may be agreed
to be the association and the service agent.
Section 8. The fund shall obtain excess insurance coverage in
accordance with state laws, rules and regulations, for maintaining the
integrity of the fund.
Section 9.. Each participating municipality agrees that, to the extent
admitted by Iowa law, it will be responsible for its pro -rata share of
any excess workers compensation or related employer liability losses
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which the fund may experience; provided that such pro -rata share shall
not be required to be paid until and unless the fund has exhausted all
other means of paying such losses.
Section 10. The association shall determine the contributions of each
municipality by applying experience modification to the standard rates
for the exposure to the risk. The standard rates are to be compiled by
the National Council on Compensation Insurance and are to be approved by
the Iowa Commissioner of Insurance.. Each municipality agrees to make
prompt payment of these contributions.
Section 11. In the event the fund pays any claim against a municipality,
the fund shall be subrogated to the extent of such payment to all the
rights of the municipality against any person or other entity legally
responsible for such loss, and the municipality agrees to render all
reasonable assistance to effect recovery.
Section 12. The liability of this fund to the employees of the munici-
pality shall be specifically limited to such obligations as are imposed
K by Iowa law against the employer for workers compensation and employer's
liability related to workers compensation.
2
Section 13. The association shall determine whether an applicant shall
be admitted to membership, and whether a member shall be expelled from
the fund in accordance with its rules and regulations.
ARTICLE VIII
APPROPRIATE ACTION
Section 1.. Each of the undersigned municipalities affirms that the
council has by resolution authorized and directed the mayor and clerk to
execute this agreement, and further states that a certified copy of its
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resolution will be filed with the Iowa Commissioner of Insurance and the
Iowa Secretary of State with this agreement.
Section 2. None of the municipalities jointly creating this association
are required to participate in the fund established by the association,
but may do so subject to the same conditions and restrictions as are
placed on other cities.
ARTICLE IX
AMENDMENT
Section 1. These Articles may be altered, amended or repealed and new
Articles may be adopted by the directors at any annual or special meeting
of the directors, provided that before any change becomes effective, it
must first be approved by sufficient members constituting a majority of
the paid in dollar volume of contributions to the fund during the current
fiscal year and by the Iowa Commissioner of Insurance and filed in the
manner provided for filing these Articles.
The undersigned cities execute this Agreement on the date hereafter
stated.
!11,Y 'OF SHELDON CITY OF URBANDALE
J
UK MAYOR
Attest:
`'%i--itt^
�TE�— CLQ
iCITY OF DUBUQUE CITY OF IOWA CITY
r
Attest:zg7 7- /=P/ Attest:
FERK - i 6A7E-
+ • 803; 5�..1H (1¢rU�:7
• 3
MICROFILMED BY
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STATE OF IOWA
SS.
JOHNSON COUNTY
511
On this 30th day of June, 1981, before me, the undersigned, a
Notary Public in and for the State of'Iowa, personally appeared JOHN R.
BALMER and ABBIE STOLFUS, to me personally known, who, being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of
the City of Iowa City, Iowa, a municipal corporation; that the seal
affixed hereto is the seal of said City; that said instrument was signed
and sealed on behalf of said municipal corporation by authority of the
City Council and that the said JOHN R. BALMER and ABBIE STOLFUS as such
officers acknowledged the execution of said instrument to be the
voluntary act and deed of said municipal corporation, by it and by then
voluntarily executed.
$TAT W IOWA
1/ 6 SS.
COUNTY
Via,py Public inan orte stateo
Iowa
On this 1st day of July, 1981, before me, the undersigned, a D
Notary Public in and for The State of owa, personally appeared 1CO1
&-fes and of-o�lh� /�/.')cle// , to me personally n n,
Wo-,70elng by me duly sworn, alo say that they are the Mayor and City
Clerk, respectively, of the City of Sheldon, Iowa, a municipal corporation;
:that the seal affixed hereto is the seal of said City; that said instrument
was signed and sealed on behalf of said municipal rporation by
authority of the City Council and that the said 14 Y��.. ris and
orof4/H'/e/+e// as such officers acknowle a the execution of
.s&n trument to be the voluntary act and deed of said municipal
corporation, by it and by them voluntarily executed.
' 1CQRPOR, SEAL
'�;� Ali:i �• �F.
Notary Pub lic in and for the State o
Iowa
wx 5110 rw 620
'JORM MICROLAB
CEDAR RAPIDS -DES 1401NES
96,3
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Notary Pub lic in and for the State o
Iowa
wx 5110 rw 620
'JORM MICROLAB
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96,3
STATE OF IOWA
SS.
POLK COUNTY
-10-
On this 1st day of July, 1981, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and to me person—a Ty
nown, who, eing y me duly sworn, h say tat t ey are the Mayor and
City Clerk, respectively, of the City of Urbandale, Iowa, a municipal
corporation; that the seal affixed hereto is the seal of said City; that
said instrument was signed and sealed on behalf of said municipal
corporation by authority of the City Council and that the said
and as such 57f c
acknowledged tha execution of said instrument o be the voluntary act
and deed of said municipal corporation, by it and by them voluntarily
executed.
•11 •
,t (,IL06RP10RATE SEAL
STATE OF IOWA
SS.
DUBUQUE COUNTY
Notary PubTic In ird fA the state o
I wa
On this 1st day of July, 1981, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared D. Michael
King, Mayor and Mary Davis, City Clerk , to me personalT
known, who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation; that the seal affixed hereto is the seal of said City; that
said instrument was signed and sealed on behalf of said municipal
corporation by authority of the City Council and that the said D. Michael
Kin Ma or and Mar Davis Cit Clerk as such o cers
accnow a ge a execu on of said ins rumen o e e voluntary act
and deed of said municipal corporation, by it and by them voluntarily
executed.
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L.,.
e.
SEAL
M,
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:�
AearyPublic in and for t etam
Iowa
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943
RESOLUTION NO. 81-4
A RESOLUTION PROVIDING FOR PARTICIPATION IN THE FORMATION
OF THE IOWA MUNICIPAL WORKERS' COMPENSATION ASSOCIATION
i
WHEREAS, The City of Urbandale is subject to the provisions of Chapter
85 and 86, The Code, and is required to insure its liability thereunder for
workers' compensation, unless relieved therefrom as provided by statute; and
WHEREAS, The Code (Section 87.4) provides that a group of employers may
t form insurance associations and that membership in such an association.
If together with the payment of premiums due, shall be evidence of compliance
with Chapter 87; and
WHEREAS, a group of Iowa Municipalities desires to form the Iowa
Municipal Workers' Compensation Association for the purpose of providing
coverage for workers' compensation and employers liability related to
workers' compensation, as efficiently as possible; and
WHEREAS, it is in the best interest of the City of Urbandale to
participate in the formation of such an association; and
WHEREAS, the City of Urbandale reserves the right hereafter to decline
r to become a member in such association;
NOW, THEREFORE, BE IT RESOLVED that the City of Urbandale join with
other Iowa Municipalities in the formation of the Iowa Municipal Workers'
Compensation Association, and that the mayor and city clerk are hereby
authorized and directed to execute the documents necessary thereto.
r'
I
Passed this 23 day of July, 1981.
h Jerr r fierce, MayoPro-Tem
•;;' I;h'creby`,cekify that this resolution was properly adopted.
'y" r Margaret Parsons, City Clerk
r'ri I'1•,� %..r' .,• � 'i •i
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CERTIFICATE OF CITY CLERK
STATE OF IOWA )
) ss:
COUNTY OF DUBUQUE )
I, Mary A. Davis, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque in the County afore-
said, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council. I do further state that
the hereto attached Resolution No. 171-81 is a correct copy of the
i'
original Resolution Nb. 171-81 approved and adopted by the
City Council of the City of Dubuque, Iowa, at a session held by said.
Council on the 22nd day of June 19 81
G
In Testimony Whereof, I hereunto set my hand and official seal of
the City of Dubuque. +
. I
Dated at Dubuque, Iowa, this 1st day of July + 19 81
A�Of TN;%;,;
.,.., z Mary A. Davis
+f n Clerk of the City of Dubuque, Iowa:
MICROFILMED BY
`JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
RESOLUTION NO. 171-81
A RESOLUTION PROVIDING FOR PARTICIPATION BY THE CITY OF DUBUQUE,
IOWA, IN THE FORMATION OF THE IOWA MUNICIPAL WORKERS' COMPENSA-
TION ASSOCIATION
WHEREAS, the City of Dubuque, Iowa, is subject to the provisions of Chap-
ters 85 and 86 of the Code of Iowa, and is required to insure its liability there-
under for workers' compensation, unless relieved therefrom as provided by statute;
and
WHEREAS, Section 87.4 of the Code of Iowa provides that a group of employ-
ers may form insurance associations and that membership in such an association, to-
gether with the payment of premiums due, shall be evidence of compliance with Chapter
87 of the Code of Iowa; and
WHEREAS, a group of Iowa municipalities desires to form the Iowa Municipal
Workers' Compensation Association for the purpose of providing coverage for workers'
compensation and employers' liability related to workers' compensation; and
WHEREAS, it is in the best interest of the City of Dubuque to participate
in the formation of such an association; and
WHEREAS, the City of Dubuque reserves the right hereafter to decline to be-
come a member in such association.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA:
Section 1. That it is hereby found and determined to be in the best
interest o t e ,ty of Dubuque, Iowa, to join with other Iowa municipalities in
the formation of the Iowa Municipal Workers' Compensation Association.
Section 2. That the Mayor and the City Clerk are hereby authorized and
directed to execute and transmit the documents necessary to effectuate such forma-
tion.
Passed, approved and adopted this 22nd day of June 1981.
I ..
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ATTEST:
Ity ,er
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RESOLUTION NO. R J I- ) `i 3 U
A RESOLUTION PROVIDING FOR PARTICIPATION BY THE CITY OF SHELDON,
IOWA, IN THE FORMATION OF THE IOWA MUNICIPAL WORKERS' COMPENSATION
ASSOCIATION.
WHEREAS, this City is subject to the provisions of Chapter 85
and 86, of the Code of Iowa, and is required to insure its liability
thereunder for workers' compensation, unless relieved therefrom as
provided by statute; and
WHEREAS, The Code of Iowa (Section 87.4) provides that a
group of employers may form insurance associations and that
membership in such an association together with the payment of pre-
miums due, shall be evidence of compliance with Chapter 87; and
WHEREAS, a group of Iowa Municipalities desires to form the
Iowa Municipal Workers' Compensation Association for the purpose
of providing coverage for workers' compensation and employers
liability related to workers' compensation, as efficiently as
possible; and
WHEREAS, it is the best interest of this City to participate
in the formation of such an association; and
WHEREAS, this City reserves the right hereafter to decline to
become a member in such association;
NOW, THEREFORE, BE IT RESOLVED that this City join with other
Iowa Municipalities in the formation of the Iowa Municipal Workers'
Compensation Association, and that the Mayor and City Clerk are
hereby authorized and directed to execute the documents necessary
thereto.
PASSED, APPROVED AND ADOPTED this /7*_ day of,
1981.
ATTEST:
City er c
CERTIFICATE OF CITY CLERK
I, Dorothy Mitchell, City Clerk of the City of Sheldon, do hereby
certify that the above and foregoing is a true and correct copy of
the Resolution No. R-81-1930 passed,June 17,.1981.
Witness my hand and seal of the City of Sheldon, Iowa, this 17th
day of June 1981.
.�•";� .s. Ili .
City Cier
YT
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WILLIAM L. M EAR DO N
WILLIAM F. SUEPPEL
ROBERT N. DOWNER
JAMES P. HAYES
JAMES D. MCCARRAGHER
THOMAS J. CILEN
MARK T. HAMER
THOMAS D. HOBART
MARGARET T. LAINSON
ANGELA M. RYAN
MEARDON, SUEPPEL, DOWNER & HAYES
LAWYERS
122 SOUTH LINN STREET
IOWA CITY, IOWA 52240
July 2, 1981
TELEPHONE
338-9222
AREA CODE 319
Ms. Abbie Stolfus
City Clerk of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Abbie:
Enclosed please find corrected pages 2 and 6 which correct typo-
graphical errors in the agreement forming the Iowa Municipalities
Workers Compensation Association.
Please substitute these pages for the pages you presentl; have.
Very„trply yours,
(5w+✓
William F. Sueppel
WFS: jas
MICROFILMED BY
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participating municipality. Each participant municipality agrees to
`comply with these rules and regulations, and further agrees khat the
association, its administrator and service agent will havg/full authority
to handle, investigate and dispose of all claims for workers compensation
and relate employer liability made against the municipality.
Section 6.. \The association shall appoint the League of Iowa
Municipalities\as administrator of the fundThe administrator shall
have power and authority to implement they policy of the association and
to supervise the fu d, pursuant to applicable state and federal laws,
i \
p rules and regulations. The administrate shall be entitled to such fees
for its services as may be agreed to by the association and the
administrator.
(M
5
Section 1. The association appoint a Service Agent to advise the
administrator in all manners lating to the supervision of the fund,
including but not limited to de ennining of the amount of annual
contributions required to a mad by the \nda
articipant municipalities;
handling, investigating a d dispoclaims against the participant
\ _ municipalities; advisin the admior on the proper establishment
I and maintenance of nec ssary reseecommending th p or per perty amount
i
of reinsurance; provi ing the repd accountings necessary to be
Ij
filed with the insur nce commissind presenting programs to the
members relating to the eliminatifety hazards. The service
agent shall be entitled to such fs services as may be agreed
to be the association and the serntSection 8. T%�e fund shall obtaiins mance coverage in
accordance with state laws, rules and regulations, for maintaining the
d
'integrityof the fund.
{ Section 9. Each participating municipality agrees flat, to the extent
admitted by Iowa law, it will be responsible for its Rro-rata share of
any excess workers compensation or related employer liability losses
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Section 3. Membership in this association shall be ,limited to Iowa
In nicipa ities which are members of the Iowa Lea7�f Municipalities.
ARTICLE III
DATE -DURATION -TERMINATION -DISPOSAL OF ASSETS
Section 1. Thee eff i�., ve date of thi�agreement shall be the date
these Articles `r\e approved by the Ioya Commissioner of Insurance, and
the agreement is filed with the Secre/tary of State of Iowa and recorded
with the county recorder of Polk C/punty and of each county in which an
undersigned municippja ity is locatkd.
Section 2. This agree nt beEomes effective as to any other
municipality on the date the resolution authorizing the municipality to
become a member is approve by the association and a copy of such
resolution and approval is led with the secretary of state and
recorded with the county reco der in the county in which the
municipality is located; a copy of this agreement shall also be recorded
in said county if sai�� greement as not previously been so recorded.
Section 3. This agreement shall co\tinue in effect until terminated by
the Board of Directors, provided thae termination shall not be
effective until w�itten notice thereas been filed with the Iowa
Commissioner of Lsurance and the mannernd method of disposing of
outstanding clams has received the approva of the commissioner.
Section 4. Upon the termination of this agre me
association not required to be maintained in a
' of claims, and any assets remaining after all cla
fand disposed of, shall be returned to the partici
MICROFILMED BY
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any assets of the
e for the payment
have been settled
cities.
RESOLUTION NO. 81-176
RESOLUTION APPROVING SIGNING OF RELEASES
IN CONNECTION WITH
BLOCK 64 URBAN RENEWAL REDEVELOPMENT
WHEREAS, the City of Iowa City, College Plaza
Development Company, and Plaza Towers Associates have
for some time been involved in a dispute concerning the
development of Block 64 in Iowa City, Johnson County,
Iowa, and,
WHEREAS, the parties have resolved these differences
and wish to execute mutual reciprocal releases of all
claims that they each may hold against the other, and,
WHEREAS, all three of the above named parties recog-
nize the importance to the public and to the City of
prompt redevelopment of Block 64.
NOW THEREFORE BE IT RESOLVED by the City Council of
Iowa City as follows:
1. That the attached release of claims whereby the
City of Iowa releases all claims held by it against the
parties named therein all as specified in the release of
claims be and it is hereby approved.
2. That the Mayor and City Clerk are authorized and
directed to execute the same on behalf of the City of
Iowa City.
It was moved by Vevera and seconded by
Roberts that the resolution as read be
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'CEDAR RAPIDS -DES MOINES
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adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer x
Erdahl x
Lynch x
Neuhauser X
Perret X
Roberts X
Vevera X
Passed and approved this 30th day of June
1981.
a/Jyor
ATTEST:i clerk/
Cty Clerkl
MICROFILMED BY
`DORM MICROLAB
CEDAR RAPIDS•OES MOINES
Received & Approved
`y be Legal Department
ml
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RELEASE OF CLAIMS
Pursuant to authority given by the City Council. of Iowa City, and
for valuable consideration received, the undersigned Mayor and City Clerk of
Iowa City, Johnson County, Iowa, on behalf of the City of Iowa City, hereby re-
leases and discharges College. Plaza Development Company, a partnership, and each
of its individual partners, The College Plaza Corporation and each of its officers,
directors and shareholders, High Country Corporation and each of its officers,
directors and shareholders, those further persons or corporations named below,
from any and allclaims possessed or held by the City of Iowa City against said
individuals, firms or corporations as a result of the filing of a tort claim
notice by College Plaza Development Company and High Country Corporation with the
City of Iowa City on or about November 14, 1980. Specifically, the City of Iowa
City releases, acquits and forever discharges the following firms and individuals
from any and all claims as hereinafter described:
1. The College Plaza Corporation and its officers, directors
and shareholders.
2. College Plaza Development Company, and each of its partners
3. High Country Corporation and all. of its officers, directors
and shareholders.
4. Viggo M. Jensen Company and all of its officers, directors
and shareholders.
5. Calvin A. knight.
G. Laverne G. Shay.
7. Shay Electric Service, Inc, and all. of its officers, directors
and shareholders.
8. William V. VanDuyn.
9. -R. M. Boggs.
10. R. M. Boggs Company, Inc. and all. of its officers, directors and
shareholders.
11. Stevens Sand & Gravel. Company, Inc. and all. of its officers, directors
and shareholders.
1.2. John M. Stevens, Jr.
1.3. Thomas Nereim.
1.4. John Douglas Benz.
15. H & L Investments, a partnership consisting of Richard F. Hansen
and John Lind.
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16. Richard F. Hansen.
17. John H. Lind.
18. Any and al_1other individuals, partnerships or corporations
owning any interest in any of the above enumerated firms,
partnerships or legal entities.
The claims released, discharged, acquitted and waived are the following:
1. Any claims for tortious interference with contract rights
held by the City of Iowa City existing as a result of the
filing of the above specified notice of tort claim.
2. Any claims held by the City based upon any malicious prosecu-
tion or abuse of process cause of action.
3. Any other claims,demands and causes of action of every, nature
and description held by the City of Iowa City resul.ting from the
filing of said tort claim notice or any other actions relating
thereto, including any claim for damages whether said claim is
known or not or which has or may ever be claimed, including but
not limited to the bidding process which the City solicited,
reviewed and selected one or more proposals rel.ating to the
development of Block 64 in Iowa City, Johnson County, Iowa.
The consideration for this release is the contemporaneous irrevocable
withdrawal. of the tort claim notice filed November 1.4, 1.980, and executed by all
necessary parties of releases of any claims held by them in connection with the
bidding process for the development of Block 64 whether mentioned, outlined or,
specified in the notice of tort claim of November 1.4, 1980, or not. Further
consideration of this release wil.l be the contemporaneous execution of a release
of all claims held by Plaza Towers Associates of any claims possessed by them
arising from the above referred to transaction or events.
Dated at Iowa City, Iowa, this 30th day of June, 1981.
i MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
Received & Approved
By no Legal Department
2
°'City of Iowa Cit'"?
MEMORANDUM =
DATE: June 25, 1981
TO: Abbie Stolfus, City Clerk
FROM: John Hayek
RE: Block 64 Release
Dear Abbie:
Enclosed please find original and one copy of a
resolution in connection with the approval of releases
to be signed by the Mayor and City Clerk. Please place
this resolution on the Council's agenda for their next
meeting on.June 30, 1981.
Thank you for your prompt att ntion to this matter.
onHaek
vb
Enclosures
cc: Neal Berlin
Robert Jansen
MICROFILMED BY
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RESOLUTION NO. 87-777
RESOLUTION APPOINTING CITY ATTORNEY AND ESTABLISHING
COMPENSATION FOR FISCAL YEAR 1982 BEGINNING JULY 1, 1981
WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject
solely to the action of the City Council referred to as unclassified personnel,
and
WHEREAS, it is necessary to establish salaries for the said unclassified
personnel,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that
Mr. Robert Jansen hereby is appointed to the position of City Attorney and that
said position shall receive as compensation that amount which is set forth in
lieu of all other fees and compensation except as otherwise provided by law, and
where said officer or employee shall receive or collect any fees or other
compensation from others for services as such officer and employee, the same
shall be paid to the City Treasury.
BE IT FURTHER RESOLVED by the City Council of the City of Iowa City, Iowa,
that the following compensation is hereby established effective July 1, 1981:
City Attorney - $44.00 hourly for all legal work, except
litigation
$49.00 hourly for litigation
It was moved by Neuhauser and seconded by Roberts that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
x _ Neuhauser
x Perret
x Roberts
x _ Vevera
Passed and approved this 30th day of June 1981.
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ATTEST. A-6-ZE
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Rueived & ApproYed
BY The Legal Department
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RESOLUTION NO. 81-170
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST A 28E AGREEMENT WITH JOHNSON COUNTY FOR THE
OPERATION OF THE IOWA CITY SENIOR CENTER.
WHEREAS, the City of Iowa City will be operating and monitoring
a Senior Center for the benefit of elderly residents of Johnson
County; and
WHEREAS, the City and Johnson County find it in their mutual
interest for joint support of the facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
THAT:
1. The Mayor is hereby authorized to execute and the Clerk to
attest the 28E Agreement with Johnson County, attached
hereto and incorporated herein by reference.
2. Upon execution, the Clerk is directed to file the
Agreement with the Iowa Secretary of State and the Johnson
County Recorder's Office.
It was moved by Neuhaus_ ems_ and seconded by
he
Roberts that tresolution as read be adopted, and
upon roll call there were:
AYES: NAYS: ABSENT:
xBalmer
7—
Erdahl
x Lynch
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 30th day of June 1981.
E
AY
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ATTEST: ,
CITY CLERK
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Received & Approved
By The legal Department
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AGREEMENT FOR SENIOR CENTER OPERATION
This agreement, made and entered into this 3p�ez day of ,
1981, by and between the City of Iowa City and Johnson Count both
municipal corporations.
WHEREAS, Chapter 28E of the 1981 Code of Iowa provides, in sub-
stance, that any power which may be exercised by a public agency of
I
this state, may be exercised jointly with another public agency having
such power; and
WHEREAS, it is in the mutual interest of the parties hereto to
encourage the use of a multi-purpose Senior Center by residents of
Iowa City and Johnson County,
NOW, THEREFORE, it is hereby agreed by and between the City of
Iowa City and Johnson County, as follows:
I. Scope of Services:
The City of Iowa City shall provide a minimum of
22,430 square feet of space in the old Federal
Post Office on the corner of Linn and Washington
Streets for a co -location of services and activities
for the elderly, including kitchen, dining and re-
lated facilities for the congregate meal program
(including but not limited to home delivered meals)
which the County administers through its Advisory
Committee and staff and other services for the elderly
funded by the County as is mutually agreeable between
the City and County. Staffing, funding and policy
for the operation of the facility shall be based on
recommendations by the Senior Center Commission to the
City Council which shall make the final decision after
consultation and review by the County. It is agreed
that the elderly residents of Johnson County will be
entitled to the same level of service as residents of
Iowa City.
II. Duration and Termination:
The terms of this agreement shall commence July 1, 1981,
for a period of one year and shall be renewed auto-
matically for succeeding terms of one year each unless
120 days notice to the contrary is given by either party.
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III. Compensation:
Johnson County agrees to pay 209 of the net budget
for operational costs of the Senior Center. This
figure to be arrived at after deducting any funding
of operational costs by sources other than Iowa City.
Operational costs shall include personnel, commodities,
services and charges and capital outlay necessary to
operate the facility. These payments shall occur
quarterly commencing on the first day of July, 1981.
Iowa City agrees to maintain records of said operational
expenses according to mutually acceptable auditing pro-
cedures and further agrees to make said records avail-
able for auditing and inspection during business hours,
upon reasonable notice by the County.
IV. Budget Procedure:
The City Council shall determine and approve the
Senior Center operational budget after review by and j
consultation with the County as follows or as otherwise
mutually agreed to:
A. On or before January 15 of each year,
Iowa City shall transmit to the County
a proposed Senior Center budget for the
fiscal year which commences on July 1
of that year.
B. On or before February 15 of each year, Johnson
County shall transmit to Iowa City a resolution
of commitment to fund 209 of the operational -
costs of the Senior Center for the year which
commences on July l of that year in such amount
as will not exceed 209 of the proposed budget as
transmitted to the County or in an amount other-
wise determined by the County.
C. On or before March 15 of each year, Iowa City
shall, adopt a final Senior Center budget for
the ensuing fiscal year. Johnson County shall
thereupon be obligated to pay not to exceed
209 of the net adopted budget for operational
costs or the amount previously transmitted to
Iowa City under sub -paragraph IV(B) above
Whichever shall be the lesser amount.
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D. Subsequent amendments to the Senior Center
budget in any fiscal year shall not increase
the obligation of the County for financial
support unless mutually agreed to by the
parties.
E. The budget procedure set forth above shall
commence with fiscal year 1983. For fiscal
year 1982, it is mutually agreed that the
Senior Center net operating budget is
$138,814.00 and that the County shall pay
not to exceed 20% thereof which is
$27,762.80.
This agreement shall be filed with the Secretary of the State
of Iowa and the County Recorder of Johnson County, Iowa.
CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA
Y' /1-.-.- -• HY: .. � •T,�e4.� it
JOHN BALMER DENNIS J. LANGEI\ ERG, j6HAIRMAN
MAYOR BOARD OF SUPERVISORS j
Attest: Attest:
CITY CLERK i TOM SLOCKETT, COUNTY AUDITOR
MICROFILMED BY
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CEDAR RAPIDS•DES I40INES
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18GD
July 2, 1981
Mary Jane O'Dell
Secretary of State
Iowa State Capitol Building
Des Moines, Iowa 50319
Dear Ms. O'Dell:
The City of Iowa City and Johnson County have entered into an agreement
conforming to Chapter 28E of the Code of Iowa, Joint Exercise of Govern-
mental Powers, to provide for operation of the Iowa City Senior Center.
Attached is an originally executed Resolution adopted by the Council
authorizing the 28E agreement and an originally executed agreement as
adopted. These documents have been recorded with the Johnson County
Recorder.
Yours very }/truly,
Abbie Stolfus, CMC
City Clerk, Iowa City
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1EOF O
P
v4A'Y Of
btate of 3olua
MARY JANE Oecretarp of 6tate
SECECRETARYARY OFOF STATE
JMCS ;fflolllCS
July 6, 1981
City of Iowa City
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
Re: 28E Agreement between City of Iowa City and Johnson
County to provide for operation of Iowa City
Senior Center - Joint Exercise of Governmental
Powers
Dear Ms. Stolfus:
We have received the above described agreement, which
you submitted to this office for filing, pursuant to
the provisions of Chapter 28E, 1981 Code of Iowa.
You may consider the same filed as of July 6, 1981.
Sincerely,
O*A
MJO/d Odell
iSe7cejtaiyyof State
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