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HomeMy WebLinkAbout1981-10-06 Resolutionr- �0 RESOLUTION NO. 81-253 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Rosebud, 505 E. Burlington Central Pharmacy Center, 101 East Davenport St. The Hilltop Lounge, 1100 North Dodge St. It was moved by Perret 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 I Roberts X Vevera X I Passed and approved this 6th day of October , 19 81 ayor Attest: 7 Cit2yC I e r j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 7 RESOLUTION NO. 81-254 RESOLUTION TO REFUND CI RETIE PERMIT WBEREAS, Denny's University Phillips 66 at 25 W Burlington L' Iowa City, Iowa, has surrendered cigarette permit No. 82-140 expiring June 30th82 19 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No, 82-140 issued to Denny's University Phillioc 66 be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 Hawke ye payable -to ye Amusement Co. a• a refund on cigarette permit No. 82-140 It was moved byPerrret and seconded by _ 'Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch X ErdahlX Neuhauser X Perret X Roberts x Vevera x Passed and approved this 6th day of October 19 81 ayor Attest: - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i,Yy7 I S RESOLUTION Nb. 81-255_ RESOLUTION ACCEPTING THE HARK FOR THE CBD ALLEY PAVING - PHASE I BLOCKS 102 AND 103 O.T. provenennt co, a Engineering Department has recommended the CBD Alley Paving - Phase I ed that the im- Block 102 and as included in a contract P between the Ci s I c, 1T of Iowa City and Metro dated June 29 of Iowa C! -Y Iowa 1981 , be accept., AND *SMAS, the Council finds AND= the improvement is comply with the requirements for such improvementsin , r place and does . -for bonds have been filed, RE that sa said ' BE IT RESOLVED by the City Council of Iowa Ci improvements be hereby accepted by the City of Iowa Cit i Ty' Iowa' that the y Perret a. Io"� resolution as re a seconded b e a opt , and upon roll all V ere were: AYES: NAYS: BALMER ABSEt Ix ERDAHL — x LYNCH — x NEUHAUSER x PERRET • x ROBERTS x VEVERA x Passed and approved this 6th day of October. 1981 , ATTEST: Yor 4CiCZ1erk__1 Received & A pproved 'By The Legal Dle�p'artmen, MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES I401NES U 7 V; - CITY OF CHIC CENTER 410 E. WASHINGTON ST I, OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT October 1, 1981 i t Honorable Mayor and City Council Iowa City Iowa i 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 speci- fications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The CBD Alley Paving Project - Phase I, Blocks 102 and 103 O.T. as constructed by Pietro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted j by the City of Iowa City. Respectfully submitted, Charles J.Schmadeke, P.E. Director of Public Works CJS/FF/jp i i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES ,yyy . i RESOIIIPION No. __Ll -256 RESC0TION ACCEPTING THE SANITARY SEWER FOR COURT HILL - SCOTT B *07M, the Engineering Departrrent has certified that the following ingrovements have been completed in accordance with plans and specifications of the City of Iowa City, The sanitary sewer for Court Hill - Scott Boulevard, Part 8 as built by Knowling Brothers Contracting Company. A1D �' Maintenance Sonde for 58,810.00 file in the City Clerk's Office, are on NOW FORE BE IT RESOLVED by the City that said inProvamnts be accepted by the City oCouncil owa City, City' Iowa, It Was moved that the Resolution as Pbe rec;cepte , aannd ro by Vevera upon roll 1 yam; AYES: NAYS: ABSENT, BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and aPProved this 6th day/of Octo—�._' ly 81 Mayor ` ATTEST: Received i Approved 4CtY lerk By The Legal (D MOO MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ..7 52, CITY OF IOWA CITY . CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500 ENGINEER'S REPORT September 25, 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. The sanitary sewer for Court Hill - Scott Boulevard Part 8 as built by Knowling Brothers Contracting Company. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. /chmZadeke, P.E. Director of Public Works bdw5/8 lv,,ry MICROFILMED BY !JORM MICROLAB -CEDAR RAPIDS -DES MOINES Y_ I. - - — _-- L - ., __ �- iia - ­.- j. I: RESOLUTION NO. 81-257 RESOLUTION AUTHORIZING CONVEYANCE OF REAL PROPERTY OWNED BY RIGHT-OF-WAYIOWA LLOCATEDCITY SOUTH OF COURT PORTION BOULEVARD COURT STREET) described by Attachment A and inof Iowa ity owns corporatedrbylreerproperty nchereinhereinafter the and WHEREAS, the City Council of the City of Iowa City has adopted an ordinance vacating the above described street right-of-way; and WHEREAS, the City Council proposes to convey the above described real property to Plum Grove Acres, Inc. subject to retaining existing easements and subject to an acquisition agreement approved by Resolution 81-210; and WHEREAS, a public hearing on the proposed conveyance was held on the 6th day of October, 1981, at the City Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, with publication of notice as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1 That the ve AcresSInc. asdescribed aboveby ensthe idescribed toPlumGr Attachment A. 2. That the Mayor is authorized to sign, and the City Clerk to attest, an appropriate quit claim deed conveying the above described property to Plum Grove Acres, Inc. It was moved by Vevera and seconded by Neuhauser that the resolutionion a'�e adopted, and upon ro ca t ere were: AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch x Neuhauser X Perret x Roberts X Vevera Passed and approved this 6th day ofOce—' 1981. iA -" ATTEST: O4CE Reeehred 8 Approved By The Legal Department /y4 S I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES V- I I SCALE I"� IOCY ATTACHMENT "A" so . n '� w m z t'j n W z ¢ U 4500 1 NBB°3013 E 400.03 POINT 17 OF BEGINNING n m u 1,188-30J3`1E c POINT 0° e Ze' fi•GigInHG V Z C2 132°27'40" 132`43'20 4 5 45 1539-11 _I"W P, DESCRIPTION OF SEIIER EASEI1ENT m c Q ° Commencing at an iron pin that marks the till Cor. of Sec. 18, T7911, RSil, of the Sth P.II., Johnson County, Iowa; thence 11880 ' 30'13"E 50.00 Feet; thence S00043'39"E 35.00 Feet to the point of beginning; thence 500043'39"E 135.00 Feet; thence e S89016'21"11 45.00 Feet; thence 1100043' c", '' 0 39"11134.39 Feet; thence 1188030'13"E 45.00 Feet to the point of beginning, said tract contains 0.14 acres more or less. 45 r H89°2B 11"W I• DESCRIPTION OF TRACT TO BE CONVEYED Beginning at an iron pin that marks the 1111 corner of Section 18, T7911, 8511, of the 5th P.11., Johnson County, Iowa; thence 1188030'13"E 50.00 feet; thence S00043'39"E 35.00 feet to the point of beginning; thence 500043'39"E 710.07 feet; thence 1189028'11"11 45.01 feet; thence N30 43'3911 708.48 feet: thence 1188030'13"E 45.00 feet to the point of beginning said tract contains 0.73 acres more or less. I further certify that the plat as shown is a correct representation of the surve and all corners are marked as indicated. ebert D. II eke dn'�— Reg. lip. 7036 Date I Suhs ibed and, s rn to before me this a3 ay of 19,��. ,.. _ MICROFILMED BY 'JORM MICROLAB I CEDAR RAPIDS -DES 1401NES P� Iry RESOLUTION N0, 81-258 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR HY-VEE/DRUG TOWN AND CONTRACTORS TOOL AND SUPPLY, IOWA CITY. IOWA. WHEREAS, the owner, Contractors Tool and Supply Company has filed with the City Clerk of Iowa City, Iowa, an application for approval of the amended preliminary and final LSNRD plan for the following described premises located in Iowa City, Iowa, Johnson County, Iowa, to wit: Lot 1, Boyrum Subdivision more particularly described as follows: Commencing at a point which is N87029"40' E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; thence N87°29"40' E, 715.05 feet along the south line of the Southeast Quarter, Section 15-79-6; thence N00°17"00' W, 363.30 feet; thence S89°43"00' W, 166.00 feet; thence NO0017"00' W, 99.94 feet; thence S890411100' W, 66.00 feet to the Southeast Corner of said Lot 1 and the Point of Beginning; thence S89°41"00' W, 711.46 feet to a point 14.00 feet normally distant from the Center line of a Chicago, Rock Island and Pacific Railroad branch line; thence NO3°511100' W, 250.00 feet; thence NO2°58"22' W, 189.61 feet; thence NO2°58"22' W, 53.22 feet; thence 572°57"14' E, 72.52 feet along a line 100 feet normally distant from the Center line of U.S. Highway 6; thence Southeasterly, along said line, 720.47 feet along a 14,225 foot radius curve, concave southwesterly, whose 720.39 foot chord bears S71°30"16' E, to a point on the Westerly Right of Way of Boyrum Street; thence Southwesterly along said Right of Way line 183.78 feet, along a 533.00 foot radius curve, convave easterly whose 182.87 foot chord bears SO4°351140' W; thence S05017"00' E, 10.36 feet; thence Southwesterly 40.75 feet along a 467.00 foot radius curve concave Westerly whose 40.74 foot chord bears S02°471100' E; thence S00°17"00' E, 4.93 feet to the Point of Beginning. Said tract of land containing 6.12 acres. Also: (Tract 1) Commencing at a point which is N87029"40' E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79N, Range 6 West; thence N87°29"40' E, 715.05 feet along the South line of the Southeast Quarter, Section 15-79-6; thence N00°17"00' W, 363.30 feet; thence S890431100' W, 166.00 feet; thence N00°171100' W, 99.94 feet; thence S890411100' W, 697.40 feet to the Point of Beginning; thence S03051"00' E, 85.06 feet; thence S89°41"00' W, 80.06 feet; thence NO3°51"00' W, 85.06 feet; thence N89041"00' E, 80.06 feet to the Point of Beginning. Said tract of land containing 0.156 acres. Also: (Tract 2) Commencing at a point which is N870291140' E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; thence N87°29"40' E, 715.05 feet along the South line of the Southeast Quarter, Section 15-79-6; thence N00°171100' W, 363.30 feet; thence S89°43"00' W, 166.00 feet; thence N00017"00' W, 99.94 feet; thence S890411100' W, 230.37 feet to the Point of Beginning; thence S00°17"00' E, 84.90 feet; thence S89°41"00' W, 461.74 feet; thence NO3°511100' W, 85.06 feet; thence N89041"00' E, 467.03 feet to the Point of Beginning. Said tract of land containing 0.905 acres. 14771 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES '`, 2 WHEREAS, said property is owned by the above-named party and dedications are required and have been submitted; and, Departmenthhave artment exam examined proposed ed and largeaScale non-resident alPublic development and have approved the same; and, WHEREAS, the said amended large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved; and, WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances by the City of Iowa City, Iowa. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. That the said plan is hereby approved as an amended large scale non- residential development. 2. That said amended large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa is hereby authorized and directed to certify a copy of this resolution to the office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. It was moved by Vevera and seconded by Lynch h the Resolution be ado , and upon roll cal there were: pte AYES: NAYS: ABSENT: x Balmer X Erdahl x Lynch I x Neuhauser i Perret x Roberts X Vevera vera Passed and approved this 6th day off October 1981• R ATTEST: 44AY MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L." Received 8 Approved By The Legal Department q U IftI AM 3b September 23, 1981 F�SEPIo'4 19'81 AMENDED PRELIMINARY & FINAL L.S.N.R.D. PLAN ABBIE STOLFUS HY-VEE / DRUG TOWN CITY CLERK & (J:/O H.in. CONTRACTORS TOOL & SUPPLY rnAik OWNERS: Mary L. Boyd Frieda Rummelhart 601 S. Gilbert Iowa City, IA 52240 OWNERS' & DEVELOPERS' ATTORNEY: John D. Cruise 311 Iowa Avenue Iowa City, IA 52240 ENGINEER: MMS Consultants, Inc. 465 Highway 1 West Iowa City, IA 52240 DEVELOPER: Contractors Tool & Supply Co. 1430 Waterfront Drive Iowa City, IA 52240 SUBJECT: Amended Developers' Statement of Intent [This Amended Developers' Statement of Intent is prepared and filed to correct an error in the previous statement concerning the description of the property.] Purpose. The Developer, Contractors' Tool & Supply Co., is seeking the approval of its Amended Preliminary & Final L.S.N.R.D. Plan for the sole purpose of enabling it to secure a building permit for a proposed storage building to be located just South of the present Contractors' Tool & Supply Co. building. The previously approved L.S.N.R.D. plan remains unchanged except for the addition of two tracts of land containing 0.156.acres and 0.906 acres respectively. These tracts are described as "Tract 1" and "Tract 2" on the attached legal description and lie adjacent to and immediately South of the existing L.S.N.R.D. Each Tract and the proposed building are shown on the amended plan. Ownership. The property owners are Mary L. Boyd and Frieda Rummelhart who concur in this application for approval of the Amended Plan. Description of Proposed Development. The new development will consist of a 36 foot by 100 foot pole building to be constructed on the two tracts. The proposed building and tracts are shown on the Amended Plan. An existing chain link fence surrounds the tracts and much of the land is covered with crushed stone material. MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES 140INES /r/7/ -z- The building will be used for storage incident to and accessory to the existing Contractors' Tool & Supply building. Time Schedule. The proposed building will be constructed as soon as the plan is approved and a building permit obtained. The work should be completed within four to six weeks. Dedication of Land. No land in connection with this amendment will be dedicated for public use. Paving of Streets. No public streets abut the land subject to this Amended Plan. CONTRACTORS' TOOL & SUPPLY CO. ,�� BY: f _} F i MICROFILMED BY 'JORM MICRO_ LAB i CEDAR RAPIDS -DES MOINES \ c i[iv`(TT} u W L_:.1LJ LJ __IIL_�Jj r t r_1 •, v Id ;; Z L �2 /!a )k� V'P(tl l.v /. a Lt:4 ; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES wI 1` .._.. I hr: � � .t 11LI DLJ L.-! ODDr�1 11 i 7 G PmQu£ST AREA `- 1 - ; LHHU 4 J..J S•O11 � N ��i • I J u"Y 1977 STAFF REPORT To: Planning & Zoning Commission Item: S-8116. Amended Preliminary and Final LSNRD Plan Hy -Vee/ Drug Town and Contractor's Tool and Supply GENERAL INFORMATION Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable Regulations: 45 -day Limitation Period: SPECIAL INFORMATION Public Utilities: Public Services: L', Prepared by: Doug Boothroy Date: October 1, 1981 Contractor's Tool and Supply Co. 601 Waterfront Drive Iowa City, Iowa 52240 Approval of an amended preliminary and final large scale non-residential development plan of Hy-Vee/Drug Town and Contractor's Tool and Supply Company. To develop a storage building accessory to Contractor's Tool and Supply Company. South of Highway 6 Bypass and east of Waterfront Drive. The development area contains approximately .9 acres. Retail and wholesale establishments; zoned M1 and CH. and Northwholesale establishments and Ml. East - undeveloped and C2. South - undeveloped and CH. West - automobile laundry (Robo Wash) and M1. The area is designated as land consumptive commercial. Provisions of the zoning and LSNRD ordinances. 11/5/81 Adequate water and sewer service are available. Police and fire protection are available. Public sanitation service would not be provided. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES IV7/ t i 3'^ /`\ Transportation: Physical Characteristics: Vehicular access would be provided from Boyrum Street. The topography is gentle with slopes of less than 5%. ANALYSIS The applicant is requesting an amendment to the approved LSNRD plan to allow the construction of a 36 foot by 100 foot storage building on a .9 acre tract of land. Attached to this report, for the Commission's information, is a detailed statement of intent, description and time schedule for the development as provided by the owner. The applicant is also requesting pursuant to Section 27-44 "Exceptions to Division", the Commission waive the general requirements of the preliminary LSNRD plan, i.e., in this case the location map and contours at 5 feet intervals or less. The staff finds that the waiving of these requirements will not in any way nullify the intent and purpose of the LSNRD provisions and recommends a waiver of the general requirements. Storm water management is not being required by the Engineering Division in this development in that the design of the site allows 100 year storm flows to be transported directly to the Iowa River through the existing storm sewer systems designed to accommodate such flows. RECOMMENDATION Staff recommends that the amended preliminary and final large scale non- residential development plan be deferred. Upon revision of the plan correcting the deficiency noted below, the staff recommends that the amended LSNRD plan be approved. DEFICIENCIES AND DISCREPANCIES The plan should be brought into compliance with the tree ordinance. ATTACHMENTS 1. Statement of Intent 2. Location Map ACCOMPANIMENTS Amended preliminary and final LSNRD plan of Tool and Supply Company Approved by: MICROFILMED BY `JORM MICRO_ LAB CEDAR RAPIDS•DES 140INES Town and Contractor's Ald Schm lser, ulrecu artment of Planning & Program Development 1y7/ r RESOLUTION AUTHORIZING E7 mmcN OF AN AGREEMENT WITH THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Cedar Ra ids and Iowa Cit Railwa Co. , a copy of said �agree_m_e�'It being atta to a 'Rol u on s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement which involves the construction and maintenance of the proposed rubberized crossing on Gilbert Street at Lafayette Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Cadar Rapids and Iowa City Railway Co. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting score. It was moved byupon— and seconded by Erdahl the Resolution be adopted, a ro 1 call there were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA passed and approved this 6th day of October 1981, ATTEST:mayor City Clexk Received & Appmvedl B The Lego Dopadmenf MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES m`i 1,: AGREEMENT between The City of Iowa City, Iowa and The Cedar Rapids and Iowa City Railroad Co. covering Construction and maintenance of a street -railway grade crossing at South Gilbert Street in Iowa City. The Gilbert St. crossing is located at Mile post 0.14 (Hills Branch), 2600 feet Northerly measured along the centerline of the railroad R.O.W. from the Highway 6 crossing on the branch line from Iowa City to Hills. South Gilbert Street Railroad Crossing Improvements MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS•DES-140INES Johnson County, Iowa - e- AGREEMENT THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, hereinafter called the CITY, and the Cedar Rapids and Iowa City Railroad Co., hereinafter called the Railroad; WITNESSETH: that WHEREAS, the City is planning to improve the existing South Gilbert Street crossing at no cost to the Railroad; NOW THEREFORE, in consideration of these premises and the mutually dependent covenants herein contained, the parties hereto agree as follows: SECTION I. The City, at its own expense, will award a contract for construction of the crossing improvements as shown on plans, attached as Exhibit "A" and will supervise and furnish engineering and inspection for all work -performed thereunder: More specifically, such work shall cover and include the following items: Perform all grading and paving for the public street, including north and south approaches to the track crossing, necessary drainage facilities and other incidental or related public street facilities. Furnish all material and labor to install an "at grade" crossing acceptable to both the City and the Railroad, including all related track work. SECTION II. Watchman or flagman service necessary to protect the Railroad's traffic or'other property in connection with work performed hereunder shall be furnished by the Railroad at the City's Contractor expense. The actual cost of such service and the expense of installation of any temporary grade crossing, other than established crossings, required by and for the use of the City's contractor under this agreement, i shall be borne by the City's contractor. SECTION III. The City will require its contractor to use all possible care to avoid accident or damage to the Railroad's trains or other property, and to avoid delay to the Railroads' normal operations, as MICROFILMED BY DORM MICROLAB CEDAR RAPIDS•DES MOINES determined by the Railroads' Engineer or their authorized representative(s). The City will require its contractor, upon completion of the work, to remove from the Railroads' right-of-way all machinery, equipment, temporary buildings, falsework or rubbish left the Railroads' right-of-way all machinery, equipment, temporary buildings, falsework or rubbish left by virtue of said contractor's operations, and to leave the premises in a neat condition, satisfactory to the Railroads' Engineer or their authorized representative(s). All work herein provided to be done by the City's contractor on the Railroads' right-of-wayshallbe done under the supervision, inspection and direction of the City's personnel to the satisfaction of the Railroads' Engineer or their authorized representative(s). SECTION IV. Protection for the benefit of the Railroad shall be provided as follows: The City will require its contractnr to provide, for and in behalf of the Railroad, Railroad Protective Insurance for damages because of bodily injury to or death of persons and injury to or destruction of property resulting from the oaerations of tho rn„t".,r,,.. subcontractors, or their employees on the project, such insurance (written in the limits as shown below) to be approved by and acceptable to the Railroad with a copy of each policy so required to be furnished the Railroad. The form of insurance to be furnished shall be executed by an insurance company qualified to write the same in the State of Iowa. Bodily Injuries & Death Coverage $500,000 each person $1,000,000 each occurrence Property Damage Coverage $500,000 each occurrence $1,000,000 aggregate SECTION V. Upon completion of the project, the City will maintain the public street and all related street facilities; and the Railroad shall maintain all railroad facilities, including, but not necessarily limited to, the rubberized crossings being extended hereunder at grade across the tracks. In the event of cessation of train operations over these crossings, the Railroad will, at their own expense, fill any voids and create a smooth -riding and safe /'yapfI i MICROFILMED BY 'JORM MICROLAB .CEDAR RAPIDS -DES 1401NES K crossing of a comparable type, size and strength to that of the adjacent highway. In the event the Railroad fails to effect proper restoration of said crossings as provided herein within a reasonable time, then, in such event, the City shall perform the work, and the cost thereof shall be assessed to and paid by the Railroad. SECTION VI. This agreement may be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their authorized officers as of the dates below indicated. Executed by the Vice -President this �f day of 19—fL—. WITNESS n6il &1e 14 STATE OF IOWA ) SS COUNTY OF LINN ) ODIE R. WOODS, Vice -President and General Superintendent of the CEDAR RAPIDS AND IOWA CITY RAILROAD COMPANY On this /'l day of ..Srptem_Zee A.D., 19,71, personally appeared ODIE R. WOODS, to me personally known, who being by me duly sworn did say that he is Vice -President and that said instrument was signed and executed by him as his voluntary act and deed. JOLEEN R.7EI91,r4cs ' S Commissioe ,/ + o.T• SEPTEMBER 3 Notary Pu lic in and for said County Executed by the City of Iowa City FOR THE CITY OF IOWA CITY ,�,,,,gy,,pp this d"'c'day of eeer-46>J 19f1• l ayor, City of I a City ATT T: - Received 6 Approved CITY CLERK By The Legal Department STATE OF IOWA ) 30 81 SS JOHNSON COUNTY ) MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES L'. e .7 On ti e� day of A.D., 198/, personally appeared 24x;/7v Qd�w , to me personally known, who being duly sworn d d say they are Mayor an City Clerk of the City of Iowa City, and they are duly authorized to execute this agreement as the said City's voluntary act and deed. RESOLUTION NO. 81-260 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CIVIC CENTER ROOF REPAIR PROJECT WHEREAS, Slade Brothers of Coralville, Iowa, has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Slade Brothers of Coralville. Iowa. , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: x x x NAYS: ABSENT: BALMER ERDAHL LYNCH NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 6th day of October , 19 81 i -MAY ATTEST: ReCCIVQtI $ Approved CITY CLERKd By The Legal Deparmwe /'fP5 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES i r "­� City of Iowa CV -1 MEMORANDUM Date: September 23, 1981 To: Frank K. Farmer, Assistant City Engineer From: Lee J. Tippe, Civil Engineer J Re: Revised Estimate - Civic Center+ Roof Repair Project During the week of September 14, questions were raised whether the steel joists supporting the roof deck over the Police Department, Fire Department, Apparatus room and lobby could support the additional load of 10 PSF of rock ballast for a loosely laid roofing system. It was determined previously that the Tectum deck could support the additional load. However, it has been found that the steel joists cannot support additional load. Therefore, it will be. necessary to install a fully adhered system over the above -'named areas instead of a loosely laid system. A fully adhered system involves affixing the insulation (Urethahe and tapered Pearlite) with Roofers Asphalt and then glueing the roof membrane over the insulation. A loosely laid system uses rock ballast to hold down both the insulation and the roof membrane. The Civic Center project as revised by Addendum #1 calls for a fully adhered system over the Police and Fire Departments, Apparatus Room and lobby, and a loosely laid system over the Council Chambers and Administration Building. COST ESTIMATES: Revised September 22 $ 96,242.70 Original dated August 28 74,000.00 Increase in Project Cost 22,242.70 bc3/4 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES /y',5 -.1 CONTRACT THIS AGREEMENT, made and entered into this ( - day of C ll �uJ 19 ��, by and between the City of Iowa City Iowa party of the first part, hereinafter referred to as the "Owner" and Slade Bros. Roofing Co., Coralville, Iowa party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the day of 19 el, for the Civic Center Roof Repair Project, EY82- under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which � are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers 1 b. "Standard Specifications for Highway and Bridge Construction", Series of 1917, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. /y0.5 CF -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES L". --c 1 e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called .for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor ?dl) S By (Title) Mayor (Title) (Yunu� ATTEST: (Title) City Clerk 'V ATTEST- rr � j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES ...7 /7dF0 FORM OF PROPOSAL THE CIVIC CENTER ROOF REPAIR PROJECT, FY82 CITY OF IOWA CITY NOTE TO BIDDERS: 6 PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE.BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION' TO THE ENGINEER. Name of Bidder Address of Bidd TO City Clerk City of Iowa City Iowa City, lot -jai 52240 The undersigned bidder submits herewith bid security in $__/L `lthe amount of nr accordance with the terms set forth in the "Standard Specifica 'ions", Article 1102.12. The undersigned bidder, having examined and determined the scope of the i materiDocuments, m'hereby alsandequipmentandptopperform the vwork tas described lanothe sContract Documents, including Addenda Z I and do all work at the prices hereinafter set out, and We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". 11 EMI DESCRIPTION I. Insulation, fully adhered tapered & flat as per plan 2. Insulation, loose laid tapered & flat as per plan 3. Roof membrane, fully adhered 4. Roof membrane, loose laid 5. Ballast 6. Removal, existing coping 7. Coping, new 8. Flashing 9. Walkway, PCC 18"x36" blocks ESTIMATED UNIT QUANTITY sq. 133 sq. sq: sq. tons LF 'LF LF ea 88 133 88 45 1250 1250 335 65 TOTAL EXTENDED AMOUNT UNIT EXTENDED PRICE AMOUNT $ 2.'T 7.8 79 $ 3 ,29S. au .f`'!lJlt1 � -4.rn �/71.v -�a�>..✓ �i'C/u � /7fs i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES $ $ $_53.777 $ $ 3.36 $ yaao, $ /0, Ono. o. $ 9F 790—` .f`'!lJlt1 � -4.rn �/71.v -�a�>..✓ �i'C/u � /7fs i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES f The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences' between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. �i FIRM: BY: ��.TItle n Business Address (Seal - if bid is by a corporation PARTNERSHIPS:- FURNISH FULL NAME OF i ALL PARTNERS i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES t I hereby acknowledge receipt of this Addendum Number One. Signed: % I Name of Company ' By: Address: (Bidder shall either enclose this Addendum with the Proposal or return prior to the date for receiving bids which is 10:00 a.m., Central Daylight Time, September 30, 1981, at the Office of the City Clerk.) 1 �I j MICROFILMED BY !JORM MICROLAB -CEDAR RAPIDS -DES 140INES PERFORMANCE AND PAYMENT BOND Russell Slade dba Slade Bros KNOW ALL MEN BY THESE PRESENTS THAT Roofing, , 212 10th St East, Coralville, Iowa $2241 (ll,trr i.nnavl, l,ha narar. and rtdrlrvr.;:; ur Zn. gat Litta of thr. Contrnr-.tor) t..e United Fire & Casualty a Principal, hereinafter called the Contractor and Cedar Rapids, Iowa as Surety, hereinafter Mee(! in::ert the te!IaZ title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Ninty E1Bht Thousand Nine Hundred seventy Dollars ($ 98,970.0))for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated October_.6 1981 , entered into a Contract with Owner for... The Civic Center Roof Repair Project, FY82; In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter ; referred to as the Contract. a NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the j obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. i A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contrac,:or shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default,,;, or shall promptly: PB -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES p gs -C. V- L" 1. Compl'� the Contract in accordance wi',jts terms and condi- tions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for acontract betwen such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provi- sions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a perid of 1 year from the date of acceptance of the improvements by the Owner. O• The Contractor shall furnish to the City, the manufacturer's standard 5 -year guaranatee of watertightness and an additional 10 Years of extended coverage. This guarantee shall cover both labor and materials necessary to effect watertightness, including that required to repair roof leaks caused by structural movement or standing water on the roof membrane. E. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. P8-2 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 1" IA. w. i.. tr IL'L' F IT IS A FURTHER CONDITION OF TIIIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code Of Iowa, are a part of this bond to the same extent as if they were exp set out herein. ressly SIGNED AND SEALED THIS 6th DAY OF October IN THE PRESENCE OF: ______..., A.D., 19 81 Principal RUSSELL SLADE dba Slade Bros Roofin Wit s A Title wner United Fire & C j Z40Witn ss l orney __ PB -3 MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES 1401NE5 F» - -t 1--i- 217y e,_ 111111(( BO Fill i iv CAS. '� i Y CC;r ^"'1 Y Il grr]j�' f HOME OFFICE _ CErn.:T nAPIDS„ CERTIFIED COPY OF POWER OF ATTORNEY ✓✓✓ (Original on file At Home Offica of Company — Soo Certification) KfJOW ALL MEN BY THESE PRESENTS, That the UNITED FIREG• CASUALTY COMPANY, d corpora t ion duly organhad and existing under the laws of the State of Iowa, and hang its principal office in Cedar Rapids, State of lova, do,-.,nsako, con. stitute and appoint David G. Winegarden, Or Judy hl, Showalter, Or Dale y?. Welt, Or William J. Ambrisco, All Individually of Coralville, Iowa its true and lawful Attorney(s)•in•Fact With power and authority hereby conferred to sign, seal and uxecute in its behalf al! law• ful bonds, undertakings and other obligatory in:toaments of similar nature as follows: -- Any and all bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officars of UNITED FIRE E, CASUALTY CONIPA14Y and all the acts of said Attorney, pursuant authority hereby given are hereby ratified and confirmod. to the The Authority hereby granted shall aorpiro Febru]ry 1.7 , 19 83 unless moner revoked. This pcwcr of Attorney is made and anceutad pursuant to and by authority of the following By -Law duly adopted by the Doard of Directors of the Company on April 13, 1973. '•Article V —Surety Bonds and Undertakings." Semon 3. Appointment of .en.,n.Y•Id-r^act. ".—he V ... Went nc ony VII. Prf,idenL or any other officer o/ the Compmy, my, from itma to time. eppolm by written coninc,tu atom:p'r-In-pct to set in behalf of the Company b the execution of pallcte, of Inmrnree, bond,, undertaklne, and other ublld.m" in.truments of like nature. The si,malun of any officer aulho• rued h1r.bY. and the Com -rate 11a, may be eRi.ed by pulrnit, In any Power of attorney or,paeld pow,, of stmrneyorcen nucatlon of fllher embodied her:b Y: ouch d6nature teld sea• when m netA, befne adopted by the Company ea the o Iimatuu of ugh chlor pod the or{;Ind seal or the Com i'll - lu be valid and binding upon the Company with for ,en I'm efwrl A. th l h. manually efrUed. Such r.t .n.,y,•, • d:Iral of nd:rmitY hall have full Pawv to bind •he Com an h feel. eutbleet to the lininallonu,t rant, In tine r,,Dart,,, cenlnwo-a the Bea of It., Compm>• thereto. The en I nt ar enlyVic' by 'Pnvtd.nt. the Board of Dtnatonor any other oille. re end ...1-1100 of any ouch intejr,1nta and to attach Pent mcY at my time rcvoki au p1, rand a➢ttorilY Prevluu,p Divan to any attorn,Y-0n•fa16 r of Uta Cam. ,..`'..A..... egrcart['$= IN WITNESS H:FIEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be -igned by its vice president and its corpordtc seal to be hereto affixed this 17th day of February , A.D. 19 81. State of Iowa, County of Linn, ss: UNITED FF'IR�E7 & CASUALTY COMPANY fly ED Vico President -A On this 17th day of February 19 81 , Iwfore mo personally came Richard J. Ehlinge. :o me Pnotvn, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of lows; that he is Vic: P:c>Idcnt of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which execrated the aMve ir.:::u• r.cnt, thdl Ile knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that is wa::o I-, instrument pursuant to authority given by the Board of Directors of said corporation and that he signed his nam: th<reto purnc;,rt tc !,PC autnonty. and acknowledges same to be the act and deed of said corporation. %r'� LIY COLSP.fISSIOM Er.PIR:S ' Sepfemb;r 30. 1303 •-"^r��'= =� Notary Public CERTIFICATION bty commission expires September 30, 19 D 3 I, the underigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the fore going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Companyas set forth in cmd Pou•vt (if Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the gam: are rfnecl it Jnxripts thereof, and of the whole of the said originals, and that the said Power or Attorney has not been rovo!:ed and It c;;v. In full force and effect. ....... In testimony whereof I have hereunto subscribed my name and affixiod the corporate teal of rho said 4.t Com an 6th dl October 81 SL /L f'r? P• Ylnls day19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES ..1 f�C I— 11 . ADVERTISEMENT FOR BIDS THE CIVIC CENTER ROOF REPAIR PROJECT, FY82 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 30th day of Sepe9gi, and opened innedi'ately thereafter ),e _ 1 the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at PM on or at such la30terime and place as may then be fixed. The work will involve the following: Placement of additional insulation and placement of new coping and roofing membrane on the Civic Center in Iowa City. All work is to be done in strict compliance with the plans and specifications prepared by Charles J. Schmadeke, City Engineer -- of Iowa City, Iowa; which have heretofore Feer , approved by the City Council, and are on file for Public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form furnished by,the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Bank or a bank charted under the laws of the United States and filed in a sealed envelope separate from the one containing the proposal, and in the amount Of 10% of bid made payable to the City Treasurer o t e Ity of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES A/005 .TG z :The successful bidder will t— •equired_ to furA sh a bond in an amount equal Lo one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 5 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 60 Completion Date: January 15, 1982 Liquidated Damages 100.00 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Charles J. Schmadeke, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and spcifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. Prospective bidders are advised that the contract includes provision for a guarantee of watertightness for the standard 5 -year manufacturer's warranty plus 10 years of extended coverage. The guarantee covers all labor and materials. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall sumbit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. and canisbeoobtainedtyfromttheoCivil available Specialist, at the Iowa City Civic Center, by calling 319/356-5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. Ab ie Stolfus City Clerk of Iowa City, Iowa AF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ReeeivOd ; Approved TM Legal Deparhnenf i Vis K RESOLUTION NO. 81-261 RESOLUTION AUTHORIZING E}9C[7PI0N OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa D r m nt f r ti , a Dopy of said being attac to s Reso u cn s reference made a0199f, and, WHEREAS, the City Council deems it in the public interest to enter into said _agreement with the Iowa Department of Transportation Highway Division, concerning the Benton Street/Riverside Drive improvements NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and.directed to execute the agreement with Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting sane. It was mored by Neuhauser and seconded by Vevera the Resolution be adopted, and roll call there were: AYES: MAYS: ABSENT: X BALMER X ERDAHL X LYNCH X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 6th day of October , 19 81 Mayor ATTEST: City Clerk Recelvod A Approved By The Legal Depantn*,t _)r IM 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ..1 RIGHT OF WAY AGREEMENT FOR CITY STREET RELOCATIONS LND/OR RECONSTRUCTION City Iowa City Proj. No. FN -6-7(23)--21-52 Agreement No. 81-1-113 This Agreement is between the City of Iowa City hereinafter designated the"City", and the Iowa Department of Transportation, Highway Division, hereinafter designated the "D.O.T." The City hereby agrees that the D.O.T. shall acquire rights of way for the reconstruction of the Benton Street/Riverside Drive (U.S. 6) intersection which lies within the City. The City hereby agrees thatsaid right of way shall.be acquired and paid for by the D.O.T. and said acquisition shall be carried out in the following manner: In connection with this project all real estate and rights to real estate necessary for right of way at the connection of any city street or alley and a primary highway relocation or reconstruction project, as well as any access road or frontage road right of way if any; which is or which will be under the juris- diction of the City may be acquired by the D.O.T., for and in.the name of the City. Where acquired by contract the City shall receive title from the contract seller and the City does hereby agree to accept title thereto. Where acquired by condemnation a single joint condemna- tion proceeding shall be instituted by the D.O.T. to acquire real estate and/or rights in real estate needed by the City for the City and to acquire real estate and/or rights in real estate needed by'the D.O.T. for the D.O.T., in accord with Section 28E.12, Code of Iowa. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original and both shall *constitute but one and the same instrument. 4)0F OHt9Wd o wo2Aily& I N Ii C+ le L-Z=1Y— Gvl'cc �3c Rt=Pl�ac�o MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES may, E d County Johnson Project No. FN -6-7-(23)--21-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 81-1-113 as of the date shown opposite it's signature below. Cit f Iowa City Qa /� October 6 19 81 Title: Mayor I� Abbie Stolfus certify that I am the Clerk of the CITY, and that Johw R. Balmer , Mayor, who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution, Resolution No. 81-261 duly passed and adopted by the CITY, on the 6th day of October i 19 81 Received 8 Approved Signed By The Legal Department City Clerk of owa City , Iowa �c October 6 19 81 I IOWA DEPARTMENT OF TRANSPORTATION • s BY: Right of Way Director Highway•Division ATTEST: BY: I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 19 _ Date dt10 �D %N 6 /.v flGBE�NCd�T Wt'GC IE3E i'?EPLI9Ci� oar/ /l�jo�P/ y6ETi/rlG. IrA6 I ■ RESOLLITION NO. 81-262 RESOLMION AIII'HORIZING EMrMCN OF OVERWIDTH PAVING AGREEMENT WHEFEM, the With w City of Iowa City, Iowa, has negotiated an agreement Br n Mawr Develo ment Com an being atta to a Peso ut on an ' a colli' of said r—` m nt and, s reference made a WIIER M, the City Council deers it it1 the into said agreeMP t for nva".,4A+k _.._-- _ public interest to enter NOW, TIIERFF'ORE, BE IT IMSOLVED By THE CITY COUNCIL: 1. That the Mayor and City Clerk are her to execute the agreement with eby authorized and directed Bryn Mawr Development Company 2. That the City Clerk shall furnish copies of said to any citizens requesting same. It g moved by Perret and seconded by Resolution b �0Pted, artuVm roro scall there Nero: AYES: NAYS: ABSIIJT x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 6th day of ATPFST: October Roberts 1981. the MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES �w►A By the legal Da "F7 /YP 7 0 AGREEMENT WHEREAS, Bryn Mawr Heights Development Company is the developer of the Bryn Mawr Heights, Part 13 lan Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Sunset Street by paving said street 49 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of $14.50 per square yard, I but not to exceed eight thousand seven hundred and no/100 dollars ($8,700.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: I j 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $14.50 per square yard but not to exceed eight thousand seven hundred and no/100 dollars ($8,700.00) I as full payment for its share of the improvement in excess of the width of 28 feet. I 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer i hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. la Gated at Iowa City, Iowa, this T day of q, p,, 19 CITY OF IOWA CITY, IOWA . � 0rJ Attest: ,AL2 City Clerk By: l/W 4-0-� x Secretary MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES X M7 RESOLUTION NO. 81-263 RESOLUTION AUTHORIZING EXECUTICN OF OVERWIDTH PAVING AGREEMENT with WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement Br n Mawr Develo ment Com an being at ta to s Resp u a copy of said a reement ands reference made a�part" Ie—�f-- WHEREAS, the City Council deems it in the public interest to enter into said ment for overwidth Paving of Aber Avenue in Bryn Mawr Heigbta, Part 13. i i I NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the _agreement with Bryn Mawr Development Company 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting some. It was mored by Roberts and seconded by Neuhauser the Resolution be adopted, aru = W=C�1 these were: NAYS: ABSENT: — x BALMER X ERDAHL x LYNCH x NEUHAUSER i x PERRET x ROBERTS x VEVERA Passed and approved this 6th day of October � 1981. ATTEST:*City- `T Mayor erk Received I Approved By The Legal Department to /YAP' MICROFILMED BY 'JORM MICRO_ LAB p CEDAR RAPIDS -DES MOINES I_. . i X. -3 i T<,. L"'. AGREEI4ENT WHEREAS, Bryn Mawr Heights Development Company is the developer of the Bryn Mawr Heights, Part 13 an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the Developer shall improve Aber Avenue by paving said street 36 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000), and that no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that the cost of $14.50 per square .Yard, but not to exceed fifteen thousand four hundred and no/100 dollars ($15,400.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $14.50 per square _yard, but not to exceed fifteen thousand four hundred and no/100 dollars ($15,400.00) as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this day of — A.D., 19� CITY OF IOWA CITY, IOWA 4ayv 6{ By: or Attest: By: CitrAz erk SecretaryI A MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES x RESOLUTION NO. 81-264 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST AGREEMENT BETWEEN CITY AND OWNER TO RELEASE AND REDESCRIBE SANITARY SEWER EASEMENT ON PROPERTY OWNED BY ALLEN E. GREB WHEREAS, Allen E. Greb owns property adjacent to Hollywood Boulevard and Boyrum Street in Iowa City, Iowa, which is subject to an existing thirty (30) foot wide sanitary sewer easement; and WHEREAS, Mr. Greb desires to build an extension to a building on said property such that said extension would encroach onto said easement; and WHEREAS, release and redescription of said sanitary sewer easement reducing it to a fifteen (15) foot wide sanitary sewer easement shall not jeopardize the City's existing sanitary sewer. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Mayor is hereby authorized to sign and the City Clerk to attest an Agreement with Owner to release and redescribe an existing sanitary sewer easement located on property owned by Allen E. Greb. It was moved by Perret and seconded by were: Roberts the Resolution e a opte and upon roll call there AYES: NAYS: ABSENT: X Balmer x Erdahl x Lynch X Neuhauser x Perret x Roberts ( X Vevera Passed and approved this 6th day of October 1981. j AO ATTEST: Receivod & Approved By Tfie Legal Department i lyy9 MICROFILMED BY `JORM MICROLAB I CtDAR RAPIDS -DES -MOINES N AGREEMENT REGARDING SANITARY SEWER EASEMENT —01 This Agreement is made between the City of Iowa City, Iowa, a municipal corporation ("CITY"); and Allen E. Greb, a private person ("OWNER"). WITNESSETH WHEREAS, the OWNER'S property which is adjacent to Hollywood Boulevard and Boyrum Street in Iowa City, Iowa, is subject to an existing thirty (30) foot wide sanitary sewer easement which crosses said property in a northwesterly direction; and WHEREAS, the OWNER desires to extend a building on said property such that said extension would encroach into the existing said easement; and WHEREAS, relocation of said sanitary sewer easement shall in no way jeopardize the existing sanitary sewer. THEREFORE, BE IT AGREED: ° 1. The CITY hereby vacates a portion of an existing thirty (30) foot wide sanitary sewer easement. As recorded in Book 212, page 614, of the Johnson County Recorder's Office, the centerline of said existing easement is originally described as follows: Commencing at a point 233 feet North of the SE corner of the SW; of the SE; of Section 15-79-6, thence Northwesterly to a point that is 484.5 feet North of the South line of Section 15-79-6 and is 638.2 feet West of the East line of the SA of the SE -4 of Section 15-79-6 thence West to the East line of the property owned by Lucile M. Boyd and Frieda L. Rummelhart. 2. That portion of the above-described easement lying within the boundaries of the OWNER'S tract of property shall be vacated. The boundaries of the OWNER'S tract is more particularly described as follows: Commencing at a point which is N 87°29'40" E, 237.4 feet from the Southwest Corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; thence N 87°29'40" E, 715.05 feet along the South line of the Southeast Quarter Section 15-79-6; thence N 00°17'00" W, 363.30 feet to the Point -of - Beginning; thence S 89°43'00" W, 166.00 feet; thence N 00017100" W, 265.01 feet to a point on the Southerly Right -of - Way line of Hollywood Boulevard; thence S 69°48'00" E, 177.20 feet along the Southerly Right -of -Way line of Hollywood Boulevard; thence S 00017'00" E, 203.00 feet to the Point -of - Beginning. 3. The OWNER hereby grants and conveys to the CITY an exclusive permanent fifteen (15) foot wide easement for the purpose of constructing, maintaining and using sanitary sewers in the area described in "Exhibit A" attached hereto and incorporated herein by reference. 4. The OWNER hereby covenants that he is lawfully seized and possessed of the real estate described in "Exhibit A," and that he has a good and lawful right to convey this easement. 5. The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary sewers. 6. The CITY shall have the right to trim and remove all trees or bushes which may interfere with the exercise of the CITY'S rights pursuant to this Agreement; however, if valuable timber is removed, it shall continue to be the property of the OWNER. 7. The CITY shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the OWNER. 8. The OWNER reserves the right to use the real estate described in "Exhibit A" for purposes which shall not interfere with the CITY'S full enjoyment of the rights granted in this easement; provided, however, that the OWNER shall not erect or construct any building or MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES 2 other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. Nor shall OWNER allow or cause any substantial fill or cut over said easement. 9. The CITY agrees to promptly backfill any trench made by it and repair any damages wi.thin the area subject to the easement. 10. The CITY shall indemnify OWNER against any loss or damage which may occur in the exercise of the easement rights by the grantee except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs or maintenance. 11. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. IN WITNESS WHEREOF,the parties set forth their hand this 6th day of October , 1981. CITY OF IOWA CITY, IOWA p OWNER eY�� AGrtb r 1 � Attest: CiityClerk I I OWNER'S ACKNOWLEDGEMENT: I STATE OF IOWA ) SS: COUNTY OF JOHNSON On this day of 1981, before me, the undersigned, a Notary Public in and for the State of Iowa, County of Johnson, personally appeared to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. i Notary Public in and for the State of Iowa My Commission expires: itoolvod $ Approved @y Tho Legal Deparinnont to i MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES 140INES Exhibit A I I °I '\ I I \I 1 I .Ia1 I O I m I A Erir-h � Erui/ding I I of I a I MH. •1J\ 1 I I I �I I R/H' 6SO ow• \� I � \`JI, jl d•ORLf• Q Efimt. \ �2S f Seo J•.• OI 30 Siniy+ry \ \�` rn.- \ Proposed /S' � mower E.semant \ IEesament • O " 9'S097W / \ 7. . I Point or c0 n N67/5' \ eayinning Edya of EVstiny As— 517" ' 3 /0.450�H g 0 M.H•z SW Car SE R/M1673.29 //4 .9 FL'644,60 Sac. /7.79.6 2 ^ N67'29.40E •7/5.05' N67'29'4dE 2374d SOMA bens SE //4 SeC. /5.79-6 I I 1 The conterlins of the 15 foot wide sanitary saver easement to be retained by the City of Two City bcing more particularly described as follows, Commencing at a point which is N67s291e0"E, 237.4 rut from the Southwest Corner of the Southesat Ouartar, Section 15, Township 79 North, Range 6 Peet$ Thence N87.29140"C, 715.05 feet along the South line of the Southeast Ouarter Section 15-79-61 Thence NODe1710011W, 363.30 feet to the 51 Corner of the above described property$ Thence ND017100"W, 10.45 feat to a point on the Centerline of the Existing 15 Inch Sanitary Sever Line, which point is the Point -of -Beginning of a 15.00 foot Sanitary Sower Casement, the Centerline of which is described me follows$ N69"50137"Y, 177.15 feet to • point which Is NO.17100•W, 72.31 feet of • 5/60 iron pin found, said pin being the Southwest corner of the above described property. ., ....�. rs. A. web nl.. A. E.' .eb ac.. •[. �. `r�yh`SUITA TS N n.. c1.• u.• INC r...1 .�. 01.: 1 _ . -.'c_ t:' ...•..n c".,. eve•. ro•.. .. ... !E..... •.•� r;'„"' �asemen; reo..ct rn over•" rortion or the r:e•ro::cr me. rr ..CEL a. awl n.4` v.1. i'. 1a” ou. p.p4.g/ a. Ir..1 •. aSS•. 07 i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I401NES n__ 1�. _ .____._•ice --L - -- --- I. .I __ � Aid �. 7� e7 f RESOLUTION NO. 81-265 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT TO PURCHASE 43.7 ACRES MORE OR LESS FROM DONALD AND MARY LOU GATENS AND EUGENE AND PATRICIA MEADE FOR THE RALSTON CREEK -NORTH BRANCH DAM PROJECT. WHEREAS, by Resolution No. 79-532 the Council of the City of Iowa City, Iowa, adopted the Ralston Creek Watershed Storm Water Management Plan, and WHEREAS, storm water storage improvements, including the North Branch Dam, are an integral part of said plan, and WHEREAS, it is necessary to purchase property for the location of the North Branch Dam and related water storage sites, and WHEREAS, the City of Iowa City has negotiated a contract to purchase i 43.7 acres, more or less, from Donald J. Gatens, Mary Lou Gatens, Eugene Meade, and Patricia Meade. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest a contract to purchase 43.7 acres, more or less, from Donald J. Gatens, Mary Lou Gatens, Eugene Meade, and Patricia Meade for the Ralston Creek -North Branch Dam Project. It was moved by Neuhauser and seconded by were: Roberts the Reso ution e a opte , an upon roll call there AYES: NAYS: ABSENT: x Balmer f x Erdahl X Lynch x Neuhauser T_ Perret x Roberts x Vevera Passed and approved this 6th day of October 1981. �1�1A ATTEST: MY CLERK Received $ Approved B The legal Department to MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES IOWA STATE EAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official Form Ne.261/2 nnanwns emister.d. r. ..r leo, uap OF THIS FORM, CONSULT YOUR LAWYER OFFER TO BUY REAL ESTATE AND ACCEPTANCE CAVEAT. Seller should determine, the Impact. If any, of Federal Reg• ��'7K� lefion, as in Ca.umer Credit Cod .;�llj3. (Short Form) Disclosure upon this J transaction. P particular Iowa City lawn September 28 19 81 fa Donald J. Gatens, Mary Lou Gatens, Eugene Meade, Patricia Mead 'herein designated as Sellers): (Insert names of Seller and Spouse) THE UNDERSIGNED (herein designated as Buyers) hereby offer 10 buy the reel estate situated in Johnson County, Iowa, described as follows; 43.7 acres more or less from a tract of land located in Sec. 2, Twp. 79 N., Range 6 West of the 5th P.M., with exact legal description to be taken from survey which is to be furnished by Sellers at Sellers' expense toga Iher with any aasoments and servient estates appurtenant thereto, but with reservations and exceptions only as follows; (Strike out inapplicable parts, if any, of (a), ( ) or (c) below.) tai Title shell be taken subject to applicable zoning restrictions, except as in I, below; Is And subject to any reasonable, customary and appropriate restrictive covenants as may be shown of record, except as in I. below; (c) And subject to easements of record for public utilities, public roads and public highways; (d) And subject to N/A (Uanf) (Mineral reservelion of racordn (Covenant. of record running with the land]) (Easements net recorded]) (Driveway a, other .element of recent)) (Interests of other parties]) (Lewes?) (See paragraph No. 19) for the total sum of T %(a*N1636X Scfrxtxxhtx9c:exlek�:xBc $6,500.00 per acre with exact acreage to be determined by survey. I. SPECIAL USE. This alter is vno�,c(Avnless Buyers are permitted, under any existing toning and building restrictions, immediately to make the following conforming use of said reel .,fele // 2. TAXES. Sellers shell pay all regular taxes for 1980-81 due and payable in 1981-82, and Sellers shall pay the pro -rata amount of the 1981-82 taxes payable in 1982-83, prorated to date of possession and any unpaid taxes themon Deveble in prior veers. BLXXXK10�vCxrxxXX%XxxJLx,lFiLxXl6YxxX,X1XeWXvXG(XXiiXxrl'X7(rXlxrx7GXri%%CgeXiX (Decide for yourself, if that formula is fair if Buyers ere purchasing a lot with newly built improvement..) 3. SPECIAL ASSESSMENTS. (a) Sellers shell pay all special assessments which are a lien an the date of acceptance of this offer.* (b) If and all of Is stricken, than Sullen shall pay all installments of epac;ol assessments which, it not paid, would become delinquent the year this offer b accepted, prior installment, thereof. All other special assessments ,haft be paid by Buyers. e. INSURANCE. Sellers shall maintain I N/A of fire, windstorm and extended coverage insurance until ponenion Is given and ,hall forthwith secure endorsements an the policies in such amount making lots payable to the parties as their interest, may appear. Risk of lou from such hazard, is on Buyers only when and at soon as 1) this offer 1, signed by both Salton and Buyen and (2) upon performance of this paragraph by Sellers and (3) eller a copy haraof i, delivered to Buyers. (See also paragraph, 10 and 20.) Buyen, if they desire, may obtain additional insurance to cover such risk. S. POSSESSION. If Buyerstimely perform all obligation, an or baton 1st November 81 the doY of 19_, parunlan shall on said dela be delivered to Buyers, with adjustments of rent, insurance and W7,ost , of data of Iremlar of p.sanion. II )layers en faking subject to riQ hl of Lesmes Io indicate by "Yes" in the ,pace following: ; in which .vent, Sellers shall forthwith produce any written lose or loam, on mid premises For examination, and assignment. 6. FIXTURES. (a) All personal properly that integrally belonar to or b ped of said reel estate, whether attached or detached, such at light fixture, (Including fluorescent tubes but net muda bulb ), shades, rods, blind,, venetian blinds, awnings, dorm windows, dorm doom, form sashes, mraees, ."ached linoleum, plumbing flouter, water heaters, water tolfanen, automatic healing aau,pment, air Conditioning equipment other than ,Ind. type, door chime built-in items and electrical cervica cable, fencing, gates and other attached !duras, frees, bushes, shrubs and plant., sAell be considered a pan of nal .tale and included In this sale except NIA (b) Well to wall carpeting fastened to floor or walls shall be a pad of and included in Ihiryle; (c) Outside television toren and antenna shall be a part of and included in this sale. * 7. ADDITIONAL PROVISIONS. This offer 's mad. subject to the additional lerms and provisions of Paragraphs 10 to 23 inclusive, printed on the ..versa side hereof, without requirement of additional signatures, but Paragraph 2/ or any additional provisions, or any changes of said Paragraphs 10 to 23, inclusive, other than the insertion of the amount of imurence in Paragraph 20, shell require the additional signatures of the parties on the reverse side hereof. h. PURCHASE PRICE. It It agreed that at time of settlement, funds of the purchase price may be used to pay faxes, other Ilse, and to acquire out. standing Interests, 3f any, of other parties. 9. If this ober it not accepted by Sellers on or before , 19_, it shall become null and void and all payment shall be repaid to the Buyers. Royer Buyer's Wife or Husband i Address Wena The foregoing offer Is accepted thin day of , 3P_ i/ `2Ji�ir Qcv i..wJ //GlrC Solley � (,7 _ �Sallor'F-Wifd or Husband Address mer 361h, OFFER TO BUY P.5579.e„pydyhl sum I, Tire Iv.a btxn list Atmrbwm ThhPdnsinp: N.emher 2, t976 MICROFILMED BY JORM MICROLAB -CEDAR RAPIDS - DES MOINES ...7 *n"""1 ADDITIONAL PROVISIONS 'f The foregoing oHer is subject to the following further condition, and Provision, be 10. STATUS QUO MAINTAINED. Said reel estate (and any personal property contracted for) as of date of this offer, and in its present condition will preserved and delivered intact el the time possession i, given. Except, however, in case of lo„ or deduction of pad or all of said premises from causes covered by the insurance thereon, Buyers agree to accept such msuranco recovery (Proceed, to be applied as the intends of the pedies appear) in lieu of that pad of the damaged or destroyed improvements and Sellers ,hall not be required to repair or replace some. Buyers ,hall thereupon complete the corn tracfand accept the properly. IS,. paragraphs / and 70.) II. ABSTRACT AND TITLE. S Ilea ,holt pratnpdcom , :nu, and pa, for the Lyall of Y11e to ae•! ;nalud;nq data of acceptance 1 this offer. and de. lie r IP B.,ers .or r,om:n.t;.n The absbad shut beaeme the proper/ or Ire Buren when the purchase price is paid in lull, and shall ,how merchantable title in conformity with this ecra,ment Poe land file law of the Stale of Iowa and Iowa Title Standards I the I... Stare Bar Association. Sellers shall pay costs of additional ebsbacling rad/or 1;110 .art due ro .11 or omnrau of Scllerr, ;oflud;req transfer, of death of Seller, or .,signs. 17. DEED. UP-- payment of purchase price. Seller, shell convey lift. bywarranty deed, with forms and provision. as per form approved by the Iowa State Bar Association, free and clear of liens and incumbrances. reservations . servations, exceptions or modification, except as in this instrument otherwi,a espy ... ly Provided. All warranties shall evtendfo l Huse f delivery al deed. ime of acceptance of this offer, with specie) warranties as to ads of Seller up to o Il. FOR THE SELLERS: JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN REAL ESTATE. 11, and only if, the Sellers, Immediately pro. ding this oHer, hold the title to the above described Property in joint tenancy, and such joint tenancy is not later destroyed by o�arolion of law or by d1 of the Sellers 11) than the proceeds of this tele, and any continuing end/or raciplu,ed rights of Sellers in said real estate ,hall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants ;n common; and (7) Buyers, in the event of the death of either Seller came to yay any balance of the proceeds of this sale to the surviving Seller and to accept deed from such surviving Seller consistent with paragraph If. above; unless end except Ihis paragraph IJ if friction from Ibis agreement. Il'/f. "SELLERS-" Seoul, if not 'e titleholder immediately preceding this agreement, ,hell be presumed to have executed this instrument only for the Purpose of relinquishing II irghlt of dower, homestead and distributive shore and/at in compliance with section $61.11 I.C.A.; and the use of the word "Sell. ori in the printed portion of this contract, without more, shall not ,but wch presumption, not in y way enlarge or extend the previous interest of such ,Pomo in said property or in the fele proceeds thereof, nor bind such spouse except at aforesaid, to Iha terms and provisions of this contract. H. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. 15. REMEDIES OF THE PARTIES — FORFEITURE — FORECLOSURE — REAL ESTATE COMMISSIONS: (a) If Buyers fail to fulfill this agreement, the Sellers may forfeit The some as provided in the Code of I.... and all Payments made hereunder shall be IorfeAed, to the extent in smarm of any teal estate commr,don owing by Sclleu on account of this of fon all payments made hereunder shall be paid by the Seller to the person entitled, in lull d'echa,ge of Sellers oblioefon Ire such commission. (b) If Seller, (ail to fulfill this reemenl, the shell neverrhelen nes the the Buyers shall have the r;ghl to have all their y y rogala, reel estate commission, I( any be due, to the person enrilled, but payments mode hereunder rcturnetl to them. jd In addition to the lor.go'mq remedies, Buyers and Sellers each shall be ent;fled to any and all other remedies, or action at law or in equity, indudiny foreclosure, and the party at fault shall pay .it, and aI ory, fees, end a receiver mey be appointed. t 16. EQUITY. If Buffs n action. or tele subject la a lien oa this property, or epvi riny. .1 on interest of an soffit, holder, the Sellers, or their Broker, or Reelfor, shall furnish Buyers with a statement, or statements, in writing from the holder of such lien or interest, showing the correct and agreed balance or be fences. 17. If this instrument is to be followed by or to be replaced by an installment reel estate contract, some shall be as per terms and provisions of the Official Form of the low. State Bar Association now in effect, but conformable to this instrument. I IB, ALLOCATION OF VALUE OF ASSETS. Buyer, end Sellers m shall cooperate to male a reasonable allocation of values far the asset, herein purchased; i but failure to reach en agreement shell not in any manner delay or invalidate this contract or its performance. I19. APPROVAL OF COURT. If this property is an asset of any estate• trust or guardianship. this contract shell be subject to Court approval, onless de. clewed unneces,.ry bthe Buyers' attorney. If necessary, the appropriate fiduciary shall proceed promptly and diligently to bring the matter on for hearing 'y for Court approval. N that event the Court Officer's Deed shell be used.) 20. S. Indoor, lNn,mce� with .deeded IfBuyers ufohalhe bmefiton 11al thent Part e( herelosheln, at an their amounl not leu ihaedhsun saiidnbelaecen ofthe fire, windstorm and P purchase price, or f L_, whichever may be len. The policies shell be delivered to the Sellers. (See also paragraphs S and lo.) is 71. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This call rect shell apply to and bind the successor, in interest of the respective pedies. i; Tl. Word, and herein including any acknowledgment Aerwl, shall be construed as in Itse singular or plural number, and o masculine, laminins f; or neuter gander, according to clic contest. r'. 21. SEWER AND WATER. Sellers hereby represent that there is city water and city sewer accessible to the subject property uff;deni to service subject Property for the purpose of hhoul rely special connection lee, or isad me ts. 1/. OTHER PROVISIONS. (Personal Properly]) ITermBe Impedionhl.Sellers reserve all rights to connect to or hook—on to the existing sanitary sewer line if and at such times as Sellers develop the remaining portion of their real estate not sold herein. This reservation of rights shall be incorporated into thewar- ranty deed conveying this property. Buyer does not hereby represent or guarantee in granting said E access that municipal sewer capacity will be available or sufficient at such time as Sellers desire I- to connect or (look -on. i 6 (if paragraph Es Is used, and/or If any thong., ora mad. in printed paragraphs 10 to 20 Inclusive, other than the Insertion of the amount of j Ins raw In paragraph 20. sign bellow. as required In paragraph 7 above.) ([ B alt4i3�.a s ar o CITY OF IOWA CITY, IONA Ddhd J. Gat�nQ _ � ary LqV GatensMrs. f oho R. Balmer, hfayofly r ! »saM .oder Wn ea a „a„. ;v, Y12i,a/Jo BUYERS Patricia Meade ;K” ATTEST: SELLERS c»•»i lawa STATE OF IOWA, _ COUNTY. ,s; Abbie Stolfus, City Cle �a•n.• On Ihi, day of , A, D. 19—, before me, the undersigned, a Notary Public in and for sold County and State, personally appeared to me known to be the Identical persons named In and who eculad the within and foregoiro ;mbumenl "Offer to Buy Reel Estate and Acceptance" in ;it entirely and acknowledged that they eveculed the same e, their v.luntar, act and deed, •Seo Code §181.65(5) •"""' .I .� ., I...... I...., ..... _, Nolrry Public In and for said County and State. *Optional provisions: (e) Buyers understand that Thera i, a mortgage of record with present balance at approximately S Pill to which mortgage is to be timely paid by Seller,, (b) It Buyersbefore paying _% on the Principal or fetal p,;cn of Ihis tale, aAell sell or aniyyn their interest in f is instrument, or in the mel estate IAchain demri6ed, without the written content of Sellers, which consent shell not be unreasonably wdhheto. the whole amount due herein, at the option of Sellers, shall immediately became due and payable. (Caveat: II such an accelerating clause is used, consider whether you have elected to proceed by has, Insure rather than by Imlciture.) lc) Buyers will purchase Seller, existing inru,encs man. Iloned in numbered paragraph 1, above, and pay pro rate for the unexpired portion o mid policies, a, of and eller dale of possession. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES 1_\ RESOLUTION NO. 81-266 RESOLUTION ADOPTING AMENDMENTS TO INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY, IOWA WHEREAS, Iowa municipalities are empowered to issue Industrial Revenue Bonds pursuant to Chapter 419 of the Code of Iowa; WHEREAS, the City of Iowa City adopted a Neighborhood Redevelopment Plan to meet the requirements of Chapter 403 of the Code of Iowa on February 1, 1977, Resolution No. 77-29; WHEREAS, Chapter 419 of the Code of Iowa permits areas designated by Chapter 403 of the Code of Iowa prior to July 1, 1979, to be eligible for Industrial Revenue Bonds; and WHEREAS, the City of Iowa City adopted an Industrial Revenue Bond Policy on October 21, 1980, Resolution No. 80-474. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa be amended as follows: 1. To expand the designated area to include the blocks of the Chapter 403 area as shown in Exhibit A; and 2. To include "Policies Applicable to Industrial Projects", attached hereto and incorporated by reference herein. I 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 6th day of October 1981. ATTEST: CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L" Received & APPreved gy The legal Depaltmont zs e �1 V; - F, POLICIES APPLICABLE TO INDUSTRIAL PROJECTS 1. Consistent with state law, the City will consider issuance of IRBs for industrial projects as designated below: (a) Certain non-profit facilities (see Chapter 419.2); (b) Facilities that manufacture, process, and/or assemble products; (c) Commercial enterprises in storing, warehousing, and/or distributing; (d) Pollution control facilities for industry, commercial enterprises, or utility companies; (e) And other uses as allowed by state law. 2. Projects requesting IRBs must be located within the legal boundaries of the City. 3. The City will use the information provided by the applicant in j the IRB Application Form to evaluate the proposed project in ; terms of fulfillment of a goals and objectives contained in the Comprehensive Plan. 4. FINANCING CRITERIA The City urges that the applicant, prior to application, make a j substantial good faith effort to obtain conventional financing upon such reasonable terms and conditions as prevail in the market place at the time. However, an applicant may choose to apply for an IRB without first seeking conventional financing, but the burden shall be on the applicant to establish that its proposed project serves the public purposes described below. The Staff Evaluation Committee in reviewing such requests may waive the conventional financing requirement and offer a recommendation thereon to the City Council. The City Council shall have sole discretion to approve or to reject such requests for waiver of the conventional financing requirement. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES /y9/ m,1 (, z 5. PUBLIC PURPOSES TO BE SERVED THROUGH ISSUANCE OF IRBs The City will consider and evaluate applications for IRBs on the basis of the following criteria: a. The extent to which the proposed project will create new or preserve existing employment opportunities within the community. b. The extent to which the proposed project with IRBs will increase the City's tax base compared to the extent to which the proposed project without IRBs will increase the City's tax base. C. The extent to which the proposed project will enhance and strengthen the City as a manufacturing location. d. The extent to which the proposed project will upgrade and improve structures, improve site accessability and usefulness, and otherwise provide for the public health, safety and welfare. 6. Furthermore, the total aggregate amount of IRBs outstanding at one time shall not exceed, for industrial projects, 5% of the total assessed valuation of Iowa City. i I j i i i I i /V1?/ i MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS•DES MOINES EXHIBIT A PROPOSED ELIGIB AREA: INDUSTRIAL REVENUE BONDS ELIGIBLE CHAP. 403 AREA URBAN RENEWAL R-14 Boundary outlot 25: Commencing at a point on the eastern boundary of the right-of-way of Gilbert St., marked by the centerline of the Court St. right-of-way extended, north approximately 115' to the northern boundary of the Ralston Creek Village LSRD and following that boundary, N 89° 52'37"W 169.761, S 0002'00"E 77.001, N8905213111W 95.05, Chord N36051'41"W 91.41' to a point intersecting the western boundary of the Van Buren St. right-of-way. �7q/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1— . -__._1�' _ - — . L __ I ,u . - . V., - %ti � City of Iowa Chv MEMORANDUM DATE: October 1, 1981 TO: City Council FROM: Andrea Hauer RE: Eligible Area: Industrial Revenue Bonds Attached is a revised map of the proposed eligible area for the issuance of industrial revenue bonds (Exhibit A of the Industrial Revenue Bond Policy). The southern -most boundary of the current eligible area is the center of the Court St. right-of-way. With the inclusion of outlot 25 in the eligible area, it was necessary to bisect the block (outlot 25 extends from Burlington St. to Bowery). The boundary line chosen is the property line closest to the line of the Court St. right-of-way. This property line is the northern limit of the Ralston Creek Village large scale residential devel- opment. MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS•DES 1401NES jg9j RESOLUTION NO. 81-267 RESOLUTION APPROVING CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF IOWA CITY, IOWA, FOR THE FISCAL YEARS 1982 THROUGH 1986. WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt certain capital improvements planning, sub- ject to annual review and revision: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council of the City of Iowa City, Iowa, does hereby adopt as its Capital Improvements Program for the fiscal years 1982 through 1986 the Capital Improvements Program which is attached to this Resolution and by this reference made a part hereof. It is understood by the City Council of the City of Iowa City, Iowa, that the 1982 through 1986 Capital Improvements Program is subject to annual review and revision consistent with good planning and operating practices of the City of Iowa City, Iowa; that this resolution is an expression of the Council's legislative intent for future projects and planning for the City of Iowa City, Iowa; and the anticipated means of financing said projects, subject to applicable laws and elections upon financing by the voters of the City of Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify copies of this Resolution and the appropriate Capital Improve- ments Program adopted to all governmental agencies as required by law. It is moved by Lynch and seconded by Neuhauser that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: Balmer �-- Erdahl �— Lynch x— Neuhauser — Perret �-- Roberts �— Vevera f nrtnhPr 1981. Passed and approved this fish day oQ�--- MAYOR ATTEST: C Y CLERK �ceavec4 c '' Pj"OY0'' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I CIP SCHEDULE FY82 - FY86 TOTAL PRIOR TO AFTER --- COST FY82- - FY82- - FY83- - FY84- _FY85 - FY86- FY86 --- -------------------- CITY FACILITIES IMPROVEMENTS Civic Center H.V.A.C. 200,162 143,418 56,744 Civic Center Roof Repair 88,000 -- 88,000 Civic Center Handicapped: Accessibility & Space Study 15,000 -- 15,000 Fueling Facility 65,000. -- 65,000 368,162 143,418 224,744 PUBLIC HOUSING IMPROVEMENTS Public Housing Site Acq. BRIDGE IMPROVEMENTS j Camp Cardinal Road Bridge Iowa Avenue Bridge Burlington St. Bridge Summit St. Bridge Repair STREET IMPROVEMENTS 250,000 -- 250,000 250,000 -- -- -- -- 250,000 -- -- 920,000 -- 70,000 850,000 -- -- -- __ 1,035,000 -- -- 92,000 943,000 -- -- -- 66,000 16,000 50,000 2,271,000 16,000 120,000 942,000 943,000 250,000 -- -- Scott Boulevard -Phase I 1,307,725 395,104 912,621 -- -- Scott Boulevard -Phase II 600,000 7,602 592,398 -- -- Melrose Corridor Improvements 300,000 -- -- 300,000 -- Ia. Ave./Gilbert St. Signal 20,800 -- 20,800 -- -- Railroad Crossing Improvement 100,000 -- 100,000 -- -- IIWy. 1 Drainage &Intersection 950,000 -- 596,200 225,000 Dubuque & Church Signalization 15,000 -- 15,000 -- -- Sand Road Improvements 435,000 -- -- 435,000 -- 3,728,525 402,706 2,237,019 960,000 i -- j r j MICROFILMED BY !DORM MICROLAB CEDAR RAPIDS -DES -MOINES CI C I CIP SCHEDULE FY82 - FY86 Page 2 TOTAL PRIOR TO AFTER COST -FY82 FY82 FY83 FY84FY85 FY86 FY86 ------ ------ ------ ------ i RALSTON CREEK IMPROVEMENTS North Branch Detention Struc. 917,679 52,743 864,936 Lower Ralston Creek Channel 2,000,000 1,305,000 695,000 2,917,679 1,357,743 1,559,936 L New Transit Garage3,421,000 -- -- 1,038,000 2,383,000 Bus Fleet Expansion/ Replacement 3,445,415 -- __ __ -- 3,445,415 6,909,935 -- 43,520 -- -- 1,038,000 5,828,415 I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 CENTRALBUSINESS DISTRICT IMPROVEMENTS .CBD Alley Project 200,000 40,000 120,000 40,000 `. Linn Street Improvements 250,000 -- 250,000 -- Dubuque Street Improvement 173,000 -- 173,000 -- Clinton Street Improvement 123,000 -- -- 123,000 -- 746,000 40,000 293,000 413,000 -- PARKS &RECREATION IMPROVEMENTS Mercer Park Restrooms 35,000 3,927 31,073 -- Swimming Pool-City/School 250,000 -- -- 250,000 -- 285,000 3,927 31,073 250,000 TRANSIT Accessible Vans 43 520 -- Al 520 L New Transit Garage3,421,000 -- -- 1,038,000 2,383,000 Bus Fleet Expansion/ Replacement 3,445,415 -- __ __ -- 3,445,415 6,909,935 -- 43,520 -- -- 1,038,000 5,828,415 I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 CIP SCHEDULE FY82 - FY86 Page 3 AFTER TOTAL PRIOR TO COST _FY82 _M?_ _FY83_ _FY84_ _FY5 5_ FY 6 F 5 5 s' $ S S BIKEWAYS Bikepaths-Rocky Shore & 150,000 -- -- 120,000 30,000 -- "- East Iowa River River Corridor Buffer & 286,170 -- -- 51,300 72,800 82,500 56,680 22,890 Trail 171,300 102,800 82,500 56,680 22,890 436,170 -- "- WATER IMPROVEMENTS 1,012,000 Water Plant Solids Disposal 1,012,000 -- '" __ 885,000 - East Side Water Storage Tank 885,000 -- - 1,012,000 885,000 -- 1,897,000-- I, POLLUTION CONTROL IMPRO_ VEMENTS Wastewater Treatment Facility GRAND TOTAL L, 57,175,667 407,450 14,354,884 23,373,333 19,040,000 76,985,138 2,371,24419,114,176 2G 109,633 20,400,800 3,017,500 6,770,095 22,890 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES .4. G I__ V: City of Iowa City MEMORANDUM DATE: October 1, 1981 TO: City Council FROM: Rosemary Vitosh, Director of Finance RE: FY82-86 Capital Improvement Program \ I i The FY82-86 Capital Improvement Program (CIP) received informal iapproval by Council during budget discussions. Final approval was delayed pending a final Council decision on the Fueling Facility I Project. Although FY83-86 projects will be revised due to the tight financing market and the very limited availability of funding, these changes will be made in the FY83-87 CIP. Staff has started preparation of the FY83-87 CIP and will present a proposed CIP budget to Council in late November. Staff recommends that Council approve the FY82-86 to provide for formal Council approval of the 1 FY82 Capital Projects budget. Z c 1 i i i i I i i i i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ,u J .I r-) AGREEMENTS/CONTRACTS Attached are t unexecuted copies of lA rr r� ias signed by the Mayor. After their execution by the second party, please route 1) �y.oGy�r✓ris Z) 5) is to be responsible for completion of this procedure. After receiptof of originally ned to yosigned ur ice document from you, a xerox copy will I Abbie Stolfus, CMC City Clerk MICROFILMED BY 'JORM MICRO_ LAB CEOAR RAPIDS -DES MOINES "= — - ._--._�L-y - — ` -- L t ■ city of Iowa MEMORANDUM Date: October 6, 1981 To: City Council and city Manager From: Rosemary Vitosh, Director of Finance Re: Gerald Doe Application for Industrial Revenue Bonds Staff review of the application has verified that the project complies with all legal and City requirements such as meeting IRS guidelines for tax-exempt status, the maintenance or increase in in the community, environmental factors and employment opportunities reos Th re financial review of the project community service revealed no problem The application form submitted by Mr. Daeloc indicates bank and that the t he had applied for conventional financing witapproved. The reason stated on the loan would probably have been app 1 for IRB's reads We would be able to add a application for applying rail siding which would decrease our freight. It would approximwould ately double our warehouse space'as well ace and thusas our cc nserve ontenergy i allow us to climate control our splue requirements. The additional space fiereforealprovide mor nempl'oyentgrowing in the Iowa City community and, Staff recommends that the Council proceed with the issuance of the i bonds. i bc2/6 1q93 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES ■ V, - Memorandum of Agreement Iowa City, Iowa October 6 1981 The City Council of Iowa City, Iowa, met in regular session q on the 6th day of October 1981, at 7:30 o'clock, P .m., a—t tTie Civic Center, ty a in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following name dtcu—nc—fFMemSers: Erdahl Lynch.Lynch.i Neuhauser Perret Roberts Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Roberts introduced a Resolution resolution entitled "A I out or zing Lilt! execution of a Memorandum of Agreement with Gerald L. Council Member Lynch Doe" and moved its adoption; seconded by After due consideration of said resolution by the on the called,,theefollowingtnamedtheQuestion Council Membersmotion voted;and the roll being i Ayes: Roberts, Vevera, Balmer, Erdahl, Lynch i ( Nays: Neuhauser, Perret Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Attest: I I y er (Seal) -1- MICROFILMED BY 'JORM MICROLAB .CEDAR RAPIDS -DES MOINES RESOLUTION 81-268 A Resolution authorizing the execution of a Memorandum of Agreement with Gerald L. Doe WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been requested by Gerald L. Doe (the "Obligor") to issue its revenue bonds pursuant to the Act for the purpose of financing the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and Purpose of the Memorandum of Agreement. -2- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L.'. /"J W Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 6th day of October 1981. yor Attest: City Clerk -3- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DESIdDINES (Seal) —a a. EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Gerald L. Doe (the 'Obligor"). 1. Preliminary Statement. Among the matters of mutual inducement which have resu to n t e execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, pro- cessing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing prducts of ry, or oro divisional gheadquarters �facility ning or �ofuatcompanyothatf a ndoesnmultistat ate business. (b) The Obliqor wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act, and terms regarding such bonds, such bonds upon reaching mutually acceptable will be issued by the Issuer in a principal amount sufficient to finance the costs of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as awarefor house which the Obligor will lease to Doe Beverage Company, l purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer. (c) The Issuer considers that the acquisition and construc- tion of the Project and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $434,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Obligor, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Obligor upon terms sufficientto paybontheaprincipal of and interest and redemption premium, if any, on suchme shall become due. -4- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES /0PJ EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Gerald L. Doe (the 'Obligor"). 1. Preliminary Statement. Among the matters of mutual inducement which have resu to n t e execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, pro- cessing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distributing prducts of ry, or oro divisional gheadquarters �facility ning or �ofuatcompanyothatf a ndoesnmultistat ate business. (b) The Obliqor wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act, and terms regarding such bonds, such bonds upon reaching mutually acceptable will be issued by the Issuer in a principal amount sufficient to finance the costs of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as awarefor house which the Obligor will lease to Doe Beverage Company, l purpose of storing, warehousing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer. (c) The Issuer considers that the acquisition and construc- tion of the Project and the financing of the same will promote the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $434,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Obligor, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Obligor upon terms sufficientto paybontheaprincipal of and interest and redemption premium, if any, on suchme shall become due. -4- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES /0PJ F_ 1"- 3. Undertakings on the Part of the Obligor. (a) He will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) He will enter into a Loan Agreement with the Issuer under the terms of which the Obligor will obligate himself to pay to the Issuer sums sufficient to pay the principal of and interest and redemp- tion premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Obligor herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Obligor shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) The Obligor agrees that he will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at his request arising from the execution of this Agreement and the performance by the Issuer of its obligation hereunder. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expres- sion of the Issuer's current intention to proceed with the issuance of the bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the bonds. It is further understood that the issuance of the bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa -5- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES / fl -93 I Dated this 6th day of October 1981. Iowa City, Iowa 4M&yor Attest: OIL- City Clerk (Seal) Gerald L. � �G State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Gerald L. Doe and said City. WITNESS my hand and the seal of said City hereto affixed this 6th day of October 1981. C 4Yy2Ce(:rr:Ok (Seal) i MICROFILMED BY IJORM MICROLAB 'CEDAR RAPIDS- DES "1401 NES /fzlu Proceedings Fixing Date for Hearing Iowa City, Iowa October 6 1981 The City Council of Iowa City, Iowa, met in regular session on the 6th day of October 1981, a 0 o'clock, P.m., at tFe Civic Center, City Hal in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Councilembers: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera f Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Lynch introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project)", and moved its adoption; seconded by Council Member Vevera . After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: 1 Ayes: Vevera, Balmer, Erdahl, Lynch, Roberts 1 Nays: Neuhauser, Perret { Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. Mayor Attest: r City Clerk I (Seal) -1- j MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES 140INES L." � i !-Y7 /y9� RESOLUTION 81-269 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of any industry or industries for the manufacturing, processing or assembling of any agricultural or manufactured products or of any commercial enterprise engaged in storing, warehousing or distri- buting products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does multistate business; and WHEREAS, the Issuer has been requested by Gerald L. Doe (the "Obligor") to issue its revenue bonds to finance the cost of the acquisi- tion by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, ware- housing and distributing products of agriculture, mining or industry (the "Project"), located within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $434,000 (the "Bonds") and to loan said amount to the Obligor under a Loan Agreement between the Issuer and the Obligor, upon mutually acceptable terms, the obligation of which will be suf- ficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall, in Iowa City, Iowa, on the 10th day of November 1981, at 7;30 o'clock, p.m., at which time and place a public -2- MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES L". ly9f/ F hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of inten- tion to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication E at least once not less than fifteen (15) days prior to the date fixed for the hearing, in •Iowa CityPress-Citizen published and having a genera Clrcu ation wi In a ssuer.neTheaper. notice shall be in substantially the following form: j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES iy9sl NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPI4ENT REVENUE BONDS SERIES 1981 (Doe Beverage Company, Inc., Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the lot_ day of November , 1981, at the Civic Center, City Hal , In owa City, Iowa, at 7:30 o' clock, _P • m. , for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $434,000 (the "Bonds"), and to loan said amount to Gerald L. Doe (the "Obligor'% for the purpose of defraying the cost, to that amount, of the acquisition by construction or purchase of land, buildings, equipment and improvements suitable for use as a warehouse which the Obligor will lease to Doe Beverage Company, Inc. for the purpose of storing, warehousing and distributing products of agriculture, mining or industry. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor wilut the Bonds bwillyabeein ananner payablemsolelyytaxation, andonly from amounts received by the Issuer under a Loan Agreement between the Issuer and the Obligor, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 22nd day of October , 1981. �t�. 2 a V. e-,? City erc /z/0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES r - F= -i Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. 1981. Passed and approved this 6th day of October mayor Attest; City C er (Seal ) s s - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOVIES lvfy ) State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the City Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds, Series 1981 (Doe Beverage Company, Inc. Project) in an aggregate principal amount not to exceed $434,000. WITNESS my official signature and the seal of said City this 6th day of October 1981. City (Seal) 10 MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES MOINES \ \ c (Attach publisher's affidavit of publication of Notice of Intention to Issue Bonds) State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in SownQ-t, ?+.o% Ct,2N- , a legal newspaper, printed wholly in the Eng is angua_ pu is a in said City of Iowa City, Iowa, and of general circulation in such City as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this 3n4, day of r_)C-M(�ER > ty erc (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual d -7- j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES r 1'rinters fee S19' y,3 CIJITIIFICATIi OF PUIILICATION STATE OF IOWA, Johnson County, OFFICIAL ss: Tl1E IOWA CITY M SS-CI'I'I'LI?N PUOLIGTION NOT OF INT(NTIM 10 ISSUE IBOUSTRIAL OEVELOMENI REVENUE $ NOS SERIES 1981 I (Doe Beverepn Copeny, Inc., Drolttt) s 13r1111N'C❑ S. \`i — — IIl Fnssen, being duk, he city Council of the city of Io.e City, Inc, oh" 'hsai) ill act on lM loth dey ol, sworn, say 11111 ' 111:11 111111 Lhl• ('asi1101' (I( Nuve r 1981. n be—LiT eenbr, ° h n•. City. I.,. 1:10 lhP IO\1f:\ CI I'1' I'M' 1%1iNi, a I7('ws- at o•c Ms, pq'on the to pu p0>e of ca d«ITrqq puDllc huFr paper I I published in said county. prOOOnI to taus IMW UIaI °ivi1opi'"` R°ve^°^ Bona,, Sells• an(1 that '1 IlOLICI'. :1 ]rII1Ll'd 1 Copy of which IMI Bevoepe Copany, IM. DroJecl) of the Is,." to °^ •pp eyete Is hereto ill Lp)C Bd, tyas pU bitshed 111 said DrlMlpe ep nt not to alced S•H•OOO (tLe'BOO40), end to Iw^ said erounl to Gerald •Oblipoe), y 1)JIIJOr. tinle(s), on the fol• ,.,.,...1... 1'�-e.. - L. D. (the fertM purpose of oafr yf. SM msl, to that mount, o/ SM .--.... Subscribed r and sworn to before ole this n, A.1). Notary Public the Bonds -ill ba Day.b�e solely .1 ande only �fra enunb received' DY the Issuer uhder • too Agreeant betrren Ne llsar and the ObllDor. LN obi ipellen of Mich viii De w/f lclm[ b D•Y IN prl Mlpel of enc interest and redeptio, praalu, If any, on the EOMI as and when the sea shall the'. dor. At LM lla enc Dlele Mad for slid pupl Ic Mabq ell 1•cel residents Mo rppen .ill h ylren an ooporlonity b eAVress their ries for or i"n an lM Deposal S9 issue the Bonds, enc at the agaagainst or any ed)ourrwent thereof, lag Isar tMll •dont a rewlulllon detenlnin9 Melher or rot b'Droceed vlth the issuance of the Bm , BY order of'the Coy'COwfl, this 22nd day of October , 1981. , 17, 7 . October TJ. 1911 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011LES Y L. �. ._ _ _ a _• - - — - I_ - AU - 1 Roberts introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $370,000 PUBLIC IMPROVEMENT BONDS," and moved its adoption. Lynch seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, Erdhal, Lynch, Neuhauser Perret, Roberts, Vevera NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 81-270 RESOLUTION DIRECTING SALE OF $370,000 PUBLIC IMPROVEMENT BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as j follows and no bids were received for said bonds on the adver- tised sale date of August 11, 1981; and WHEREAS, it appears that the following action is in the best interests of the City of Iowa City, Iowa; i I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: a Section 1. That the City has heretofore advertised and conducted a public sale in the manner provided by Chapter 75 of the Code of Iowa and received no bids for the purchase of $370,000 Public Improvement Bonds, dated August 1, 1981. i Section 2. Pursuant to Iowa Code Section 384.68(4), it is j hereby determined that said bonds shall be delivered to the contractor in payment of the costs of the public improvement and the proceeds of the sale applied to pay the costs of the public improvement and to retire construction warrants hereto- fore issued in payment of said costs. I' -2- A HLCRS. COONEY. DORW CILCR. HAYN IC 6 SMITH, LAWYERS. DES MOIHCS. IOWA MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES /Y95 Section 3. The City Clerk and City Treasurer are directed to proceed with the issuance and delivery of said bonds to the contractor. Said bonds may be delivered directly to the contractor or may be delivered to such person as assignee of each such contractor for the project as holds outstanding construction warrants by assignment from a contractor or other person providing services to the project. Where more than one such person exists, said bonds shall be delivered pro rata in proportion to the interest thereof as shall be deemed appropriate by the City Treasurer. Section A. The form of contract for the sale of said bonds attached hereto is hereby approved and the Mayor and City Clerk are authorized to execute the same on behalf of the City. PASSED AND APPROVED this 6th day of October , 1981. byor ATTEST: I � -Cl e r I -3- AIILERS. COONEY. DORWEILEH. HAYNIE N SNITH, LAWYERS, DEB MOINES, IOWA j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES 1401NES L.,. .1 S A L E A G R E E M E N T IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE City of Iowa City, Iowa, Vendor, and Metro Pavers t Inc., Iowa State Bank & Trust Co., Shive-Hat% & Assoc., Inc. Vendee, that the Vendor will and does hereby sell the following described bonds, to -wit: PUBLIC IMPROVEMENT BONDS, in the principal amount of $370,000, to be dated August 1, 1981, in the denomination of $5,000 each, and to mature as follows: Principal Maturity Amount December 1st $35,000 1981 $35,000 1982 $35,000 1983 $35,000 1984 $35,000 1985 $35,000 1986 $40,000 1987 $40,000 1988 i $40,000 1989 Ij $40,000 1990 and bearing interest as follows: I Bonds maturing in the years 1981, to 1990, both inclusive, i Ten Per Cent (108) per annum. Metro Pavers, Inc. shall receive $100,000 of bonds, ' payable $10,000 per year in 1981 through 1990, inclusive. Iowa State Bank & Trust Company shall receive $170,000 of said bonds, payable $15,000 per year in 1981 through 1986, inclusive, and $20,000 per year in 1987 through 1990, inclusive. Shive-Hattery & Associates, Inc. shall receive $100,000 of said bonds, payable at the rate of $10,000 per year in 1981 through 1990, inclusive. i -4- AHLER9• COON CY. DORWEILER. HAYNIt A SMITH. LAWYERS. DCS MOINES. IOWA j MICROFILMED BY 'JORM MICRO_ LAB {I CEDAR RAPIDS -DES MOINES The undersigned Vendees hereby agree to purchase said bonds and do hereby purchase said bonds for the sum of $370,000 and interest at the rate or rates as hereinabove set out from August 1, 1981, with a premium of $ none said payment is to be made upon delivery of the bonds to the Vendees together with an opinion approving and certifying the legality of said bonds by the firm of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, Des Moines, Iowa. The Official "Notice of Bond Sale", as published, covering said bond issue, including provisions for optional redemption, if any, is hereby incorporated herein and made a part hereof by this reference. ATTEST: A( Clerk CITY OF IOWA CITY, IOWA Mayor METRO PAVERS, INC., Vendee r IOWA STATEAB�K & TRUST COMPANY, Vendee', SHIVE-HATTERY & ASSOCIATES, INC. Vendee -5- f AHLERS. COONEY- DORW EILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L.,. i (This Notice to be posted) NOTICE AND CALL OF PUBLIC 14EETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: October 6, 1981 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $370,000 Public Improvement Bonds. - Resolution directing the sale. - Resolution authorizing the issuance. Such additional 14 mapage(sthe addi- tional s)attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 28A, Code of Iowa, and the local rules of said governmental body. / V/e y%/ • ce� City Clerk, Iowa Ci y, Iowa All LENS, COON EY. DOII W EILEII. H AYN IES SIA ITN. LAW YENS. DES MOINES. IOWA MICROFILMED BY 'JORM MICROLAB "CEDAR RAPIDS -DES 1101NES m'T Council Member Roberts introduced the Resolution hereinafter set out entitled "RESOLUTION PROVIDING FOR THE ISSUANCE OF $370,000 PUBLIC IMPROVEMENT BONDS", and moved that the same be adopted. Council Member Neuhauser seconded the motion to adopt. The roll was called and the vote was as follows: AYES: Erdahl, Lynch, Neuhauser, Perret, NAYS: Roberts, Vevera. Balmer None Whereupon the Mayor declared the Resolution duly adopted as follows: 81-271 RESOLUTION PROVIDING FOR THE ISSUANCE OF $370,000 PUBLIC IMPROVEMENT BONDS WHEREAS,on lig, the City of Iowa City, Iowa, entered into con act with Cedar Hills Construction of Oxford, Iowa, for the construction of Part A of the 1979 BDI Second. Addition Improvements hereinafter sometimes referred to as the "project", within the City; and' WHEREAS, on August 11, 1980, the City of Iowa City, Iowa, entered into contract with Metro Pavers, Inc. of Iowa City, Iowa, for the construction of Part B of the 1979 BDI Second Addition Improvements hereinafter sometimes referred to as the "project", within the.City; and WHEREAS,on LC/ /S /%7y, the City of Iowa City, Iowa, entered into Cc act with Parkview Company of Iowa City, Iowa, for the co struction of Part C of the 1979 BDI Second Addition Improvements hereinafter sometimes referred to as the "project", within the City; and WHEREAS, the construction of said improvement has been completed.and was, by resolution of this Council duly passed and approved on March 24, 1981, accepted as having been constructed in accordance with the plans, specifications and contract; and We AHLCRS. COONEY. DORWEILCR. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 1(f O WHEREAS, the Council did on April 21, 1981, by a resolu- tion duly adopted, levy and assess a special tax on all of the abutting and adjacent property within the benefited area of the 1979 BDI Second Addition Improvements, and against the owners thereof in the sum of $937,956.66, being the portion of the cost of said improvement assessable against said benefited property, and a certificate of tice levy of said tax, certified as correct by the Clerk, has beer: filed with the County Auditor of Johnson County, Iowa; and WHEREAS, of the aforesaid assessment of tax there remain unpaid following the initial collection period assessments, after provision for a default fund, in total sum not less than the principal amount of the bonds hereinafter authorized as to the legality or regularity of the assessment of which no appeals have been taken, and which assessments are payable in equal annual installments payable during the month of September in each year as set forth in Section 1 hereof; and WHEREAS, it is necessary that Bonds be issued in antici- pation of the collection of said unpaid special assessments in order to provide funds for the present payment of the proper costs of said improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the said assessments heretofore levied on the property subject to assessment for the construction of said improvements and benefited by the improvement heretofore authorized and ordered to be made are directed to be paid in ten equal annual installments in the same manner as the September semiannual payment of ordinary taxes beginning with the installment due on July 1, 1981. Said unpaid assessments and each installment thereof shall be payable at the office of the County Treasurer of said County, on or before the time above set forth, and each installment shall include interest on the unpaid balance of the assessment from and after the date of acceptance of the improvements for which the assessment is made, not only until paid but also until the date of maturity of the bonds issued (as hereinafter provided) for the amount of such installments, at the rate of ten per centum per annum, with the September payment of ordinary taxes in each year, and the County Treasurer shall compute and shall collect such interest com- puted to the 1st day of December next succeeding the maturity of such installments. -7- ANLERS. COONEY, DORWEILER. HAYNIE A SM IT II LA W'YEJIS, DES MONES. IOWA Mtn MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES :.I Section 2. In anticipation of the collection of the several installments of said assessments and in order to pro- vide presently for the necessary funds to pay a part of the cost of the construction of said improvements, there ,shall be and there are hereby ordered issued Public Improvement Bonds of said City in the aggregate amount of $370,000. Said bonds shall consist of 74 in number, numbered from 1 to 74, both numbers inclusive, which bonds shall be in the denomination of $5,000 each. All bonds shall bear the date of August 1, 1981, and shall become due and payable in their numerical order and bear interest as follows: Bond Interest Principal Maturity Numbers Rate Amount Dec. 1st 1 - 7 10.008 $35,000 1981 8 - 14 10.008 $35,000 1982 15 - 21 10.008 $35,000 1983 22 - 28 10.008 $35,000 1984 29 - 35 10.008 $35,000 1985 36 - 42 10.008 $35,000 1986 43 - 50 10.008 $40,000 1987 51 - 58 10.008 $40,000 1988 59 - 66 10.008 $40,000 1989 67 - 74 10.008 $40,000 1990 Bonds maturing after the first optional redemption date may be called for redemption prior to maturity by notice published in a newspaper of general circulation in Iowa City, Iowa, not less than ten days prior to the date of such redemption. The City may also give such notice -as it may deem appropriate to the original purchaser of the bonds. The City shall have the right to call said bonds for prepayment in numerical order on or within 45 days after December 1, 1981, or any succeeding interest payment date at par and accrued interest. Said bonds shall be payable only out of special assessments levied to pay a part of the cost of the aforesaid Project. Interest on said bonds shall be payable annually, on the 1st day of December in each year, commencing with the year 1981, which said interest shall be evidenced by coupons attached to each of said bonds. Both principal and interest of said bonds shall be payable in lawful money of the United States of America, at the office of the Treasurer of the City. i -D AHLE fig. COONEY, DORWEILER, HAYNIEA SMITH. LAWYERS, DCS MOINES. IOWA /'&4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES Section 3. The said bonds shall be negotiable and the bonds and coupons evidencing the interest thereon, shall be in form and recitals substantially as follows: (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF JOHNSON CITY OF IOWA CITY PUBLIC IMPROVEMENT BOND No. $5,000 The City of Iowa City, in the State of Iowa, promises to pay as hereinafter stated, to the bearer hereof, on the 1st day of December, 19 , the sum of FIVE THOUSAND DOLLARS, with interest thereon at the rate of 8 per annum, payable annually on the 1st day of December in each year, commencing with the year 1981, on presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal and interest of this bond are payable at the office of the City Treasurer in.Iowa City, Iowa. This bond is issued by the City of Iowa City, Iowa, under and by virtue of Section 384.68 of the City Code of Iowa, and a resolution of the Council of said City duly passed. This bond is one of a series of bonds of like tenor and date, except maturity and interest rate, numbered from 1 to 74, both numbers inclusive, in the amount of $5,000 each, and is issued for the purpose of defraying a part of the cost of construction of the 1979 BDI Second Addition Improvements within the City, which cost is payable by the benefited pro- perty abutting and adjacent to said improvement project and made by law a lien on all said property. Said assessment is payable in ten equal annual installments with interest on all deferred payments at the rate of ten per centum per annum. This bond and the issue of which it is a part are payable only out of the Fund created by the collection of said special tax, and said Fund can be used for no other purpose. The City reserves the right and option of calling and redeeming any or all of the bonds of the series of which this bond is one, maturing after December 1, 1981, on or within 45 days after said date or any succeeding interest payment date, -9- AHLERS, COONEY. DORWE ILEA. HAYNIE&SNITH, LAWYERS, DES MOINES. IOWA / 1 / 4P MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES V ,_ in numerical order, notice of such redemption to be given by publication in a newspaper of general circulation in Iowa City, Iowa, not less than ten days prior to the date fixed for redemption, and thereafter the bonds so called for payment shall cease to draw interest from said date for redemption. It is hereby certified and recited that all the acts, con- ditions and things required to be done precedent to and in the issuing of this series of bonds have been done, happened and performed in regular and due form as required by law and said resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Iowa City, Iowa, are hereby irrevocably pledged. IN TESTIMONY WHEREOF, said City by its Council, has caused this bond to be signed by its Mayor and countersigned by its Clerk, with its corporate seal affixed, and the coupons hereto attached to be executed with the facsimile signature of said Clerk, which official by the execution of this bond does adopt the facsimile signature appearing on said coupons, all as of this date of August 1, 1981. yor COUNTERSIGNED: K2a-- C> Clerk -1L� (FORM OF COUPON) On December 1, 19 , unless said bond shall have been sooner called for payment, the City of Iowa City, Iowa, promi ses to pay to bearer as provided in said bond, the sum of $ at the office of the Treasurer, Iowa City, Iowa, being months' interest due that day on its Public Improvement Bond, dated August 1, 1981, No. City Clerk -10- AHLERS• COONEY. DORWEILER. HAYNIE! SMITH. LAWYERS. DES MOINES. IOWA 1104 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES W7 (FORM OF CERTIFICATE TO BE PRINTED ON THE BACK OF EACH BOND) STATE OF IOWA ) COUNTY OF JOHNSON ) SS CERTIFICATE CITY OF IOWA CITY ) I hereby certify that the within bond has been registered in a book for that purpose in my office as of this date of August 1, 1981. City Treasurer of Iowa City, Iowa Section 9. Each of said bonds shall be signed by the Mayor and countersigned by the Clerk, and sealed with the cor- porate seal of said Municipality; and the interest'coupons thereto attached shall be attested by the signature of said Clerk, or a facsimile thereof. After being so executed the bonds shall be delivered to the City Treasurer to be registered in a book (maintained for that purpose and thereafter delivered to the purchaser thereof. Section 5. This Resolution shall constitute a contract by and between the City and the -holders of the bonds herein authorized to be issued. The City covenants that it will warrant and defend the recitals and statements herein con- tained and fully perform the covenants herein made. After the issuance of the bonds, or any of them, this Resolution shall not be repealed or amended by the City in any respect which will adversely affect the holders'of said bonds. Section 6. The City represents that the proceeds of said bonds will be applied to the payment of contracts substan- tially performed and completed prior to the delivery of said bonds and undertakes that it will not invest, directly or indirectly, the available proceeds of said issue of bonds at a yield higher than the yield of said bonds, as said terms are defined in Section 103(c) of the Internal Revenue Code of the United States and regulations issued thereunder. The Treasurer is authorized to execute an Arbitrage Certificate to evidence circumstances reasonably anticipated on behalf of the City as of the date of delivery of said bonds to the purchaser against payment therefor. -11- AMLERS. COONEY, DORWEILER. HAYNIESSMITN. LAWYERS, DES MOINES. IOWA 1 Y 96 I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Section T. That there will be printed on the back of each bond herein authorized to be issued, a copy of the legal opi- nion of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, of Des Moines, Iowa, under the certificate of the Clerk cer- tifying the same as being a true copy thereof, said cer- tificate to bear the facsimile signature of said Clerk. Section 8. This resolution is adopted pursuant to Section 384.68, City Code of Iowa, and nothing herein shall be construed as in conflict therewith. All resolutions and ordinances, or parts of resolutions and ordinances in conflict herewith shall be and the same are hereby repealed. PASSED AND APPROVED this 6th day of October 1981. p yor ATTEST: City. Clerk -12- AHLERS. GOONEY. DORWEILER. HAYNIE & $MITI/. LAWYERS. DES MOINES. IOWA 1010 MICROFILMED BY JORM MICRO_ LAB 'CEDAR RAPIDS -DES 140NIES AU - / �Y ^oMPLFT MR. A CIG -10 1-79 I, the undersigned, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting Clerk of the City of Iowa City, Iowa, and that as such Clerk I have in my possession or have access to the complete corporate records of said City and of its Council and officials, and that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true and complete copy of all the corporate records in relation to the authorization, issuance and disposition of $370,000 Public Improvement Bonds of said City dated August 1, 1981, and that said transcript hereto attached contains a true and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up.to the present time, in relation to the authorization, issuance and disposition of said bonds, and that said Council consists of a Mayor and six Council Members, and that said offices were duly and lawfully filled by the individuals listed in the attached transcript as of the dates and times referred to therein. I further certify that said City is and throughout the period of said proceedings has been governed under the Charter form of municipal government authorized by Chapter 372, City Code of Iowa, under the provisions of its charter as recorded with the Secretary of State. I further certify that all meetings of the City Council of said City at which action was taken in connection with said bonds were open to the public at all times in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and was duly given at least twenty-four hours prior to the commencement of the meeting by notification of the communications media having requested such notice and posted on a bulletin board or other prominent place designated for the purpose and easily accessible to the public at the principal office of the (Continued Over) -1- AHLERS.COONEY. DORWEILER. HAYNIE G SMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES CIG -10 (cont 'd) Council all pursuant to the provisions and in accordance with the conditions of the local rules of the Council and Chapter 28A, Code of Iowa. WITNESS my hand and the seal of said City hereto attached this 6th day of October 1981, at Iowa CiCl y,'Iowa. \ 2o� a�i2i'� City c1erK, Iowa ty, Iowa (SEAL) STATE OF IOWA ) SS COUNTY OF JOHNSON ) ` —6th day of Subscribed and sworn to before me on this October Notar Public in and for i Johnson County, Iowa j (SEAL) I � I (See Reverse Side) � I I i i -2- rYQ4 AHLERS. GOONEY. DORWEILER. HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA _ MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES ALI 1 I` RESOLUTION NO. 81-272 RESOLUTION AUTHORIZING THE EXECUTION OF THE STATE TRANSIT ASSISTANCE GRANT CONTRACT. WHEREAS, the City of Iowa City, Iowa, has undertaken to provide its residents with a public transportation system, and WHEREAS, the State of Iowa by and through the Department of Transportation is offering financial assistance to local public authorities in the form I of a capital and operating grant, and i WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the I- public interest to accept the State of Iowa's offer and the terms and conditions of said offer as set forth in the contract attached to this Resolution and by this reference made a part hereof. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk be directed to certify the attached contract. 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 6th day of October 1981. 1AYOR ATTEST: C TY CLERK Received 8 Approved By The Legal Deparhnent 3� /147 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 1 4', Johnson CC" my Council of Governa'�its 410 E. Vvbshington St. laves City, bwo 52240 rr 00 Date: October 1, 1981 To: Iowa City Council and City Manager From: M John Lundell, Transportation Planner Re: FY82 State Transit Assistance Contract Included in the Council's agenda for the October 6 formal meeting is a resolution authorizing the Mayor to sign the City's FY82 contract with the Iowa Department of Transportation for State Transit Assistance. This contract is for a total of $113,988 and includes both operating and capital funds: OPERATING A. Evening Service $ 71,988 B. Marketing Program 6,000 C. Paratransit Service* 30 000 TOTAL $107:988 *SEATS contract CAPITAL A. Lift -Equipped Vans $ 3,000 B. Change Making Machine 3 000 TOTAL Wb Should you have any questions on this matter please feel free to contact me. cc: Hugh Mose Don Schmeiser bj/sp l MICROFILMED BY ;JORM MICROLAB CEDAR RAPIDS -DES MOINES MH7 E IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRA14SIT DIVISION JOf(IT PART ICIPA TfON AGREEMENT VO I% IHL S I A I L IRANS II ALISISIAN kA PRUGRAM PART I: ASSURANCES and CERTIFICATIONS: 1.0 General Provisions None 2.0 Roles and Responsibilities of the Public Agency 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: APPENDICES: 8.0 Contract Non -Performance 9.0 Settlement of Disputes 10.0 Termination or Suspension of Project 11.0 Renewal, Renegotiations, and Modifications 12.0 Hold Harmless 13.0 Assignability and Subcontracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions PART I: 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT B. Cost Principles (OMB A-87) (1/15/81) E. Audit Requirements (OMB A-102, Att.P), 10/22/79) j G. Title VI, Civil Rights J. Iowa DOT -IAC, Transportation Procure- ment,'820-[O1,B] Chapter 2 1 M. Iowa DOT -IAC, Advance Allocations of State Transit Assistance Funding, 820-[09,B] Chapter 2 N. Iowa DOT -IAC, Financial Assistance, 820-[09,B] Chapter 1 TH S GRE MENT, made and entered into this � day, of ,1981, by and between the IOWA DEPARTMENT OF TRANSPORTATION, and agency of the State of Iowa, hereinafter called the "DEPARTMENT", and the City of to%a City, i located at City Hall, IOWA CITY, IOWA 52240 hereinafter called the 'PUBLIC AGENCY". In consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT from July 1, 1981 through June 30, 1982. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES L., _I -11 1 STA -OP: 6/81 1 1.3 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by H.F. 850 First Session of the sixty -Ninth General Assembly for Operating Projects as described in the application herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which funding will be orovided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have i the following meanings: (a) REVENUE (for the purposes of Section 5.8 (D) of this AGREEMENT) -.All revenue amountscollected from passen- gers directly at the point of service (the farebox) or through special passes sold to passengers, and all rev- enue amounts earned from contracts for service (based on units of service). (In accordance with object classes 401 and 402 as defined in Volume II, Uniform System of Accounts and Records of the Urban Mass Trans portation Industry Uniform Svstem of Accounts and Records and Re ort- ' ing System, Report No. UMTA-IT-006-0094-17-1. (b) OPERATING EXPENSES - All eligible transit system expenses related to operating, maintaining and administering transit operation, as defined by the DEPARTMENT. (In accordance with all object classes 501 through 512, 514 and 515 as defined in Volume II, Uniform Svstem of Accounts and Record!1 of the -Urban Mass Transportation Industry Uniform S stem of Accounts and Records and KtLcLrting System, Report No. UMTA-I1-06-0094-17-1. (c) PROJECT - Specific element or task of 1.}lis AGREEMENT described in Section 6.2 for which a maxilaum amount and participation percentage has been established. (d) CEILING AMOUNT - Maximum amount assigned to si)ecific task - or elements of this AGREEMENT, or for this AGREEMENT as whole. F4 1, Y.? 7. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES to V_ Jin-ur. u/ui ( (e) PARTICIPATION PERCENTAGE - The percentage which denotes the part or portion of the PROJECT or task which will be funded by any given funding source. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is John Balmer i.e., who has signatory powers . 1.7 PROJECT MANAGER The project manager for this AGREEMENT on the staff of the PUBLIC AGENCY is tiu h dose who is directly responsib a for the performance called for in this AGREEMENT. 2.0 ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall perform such operations as stated in the AGREEMENT, or amendments to this AGREEMENT, for which financial assistance is being provided by the DEPART- 14ENT pursuant to this AGREEMENT, and.amendment, if any. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 2.3 The PUBLIC AGENCY shall commence to carry out the objec- tives as described in Section 5.8. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will fund the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any funding request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of funding to the PUBLIC AGENCY.' 3.2 The DEPARTMENT shall provide management and technical assistance to the PUBLIC AGENCY as noted and detailed'in Chapter 601J of the Code of Iowa (1981). C /Y91 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES STA -OP: 6/81 4.0 NO PROVISIONS 5.0 PERFOR14ANCE STANDARDS 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all trans- portation -related costs, revenues, and operating sources are recorded so that they may be clearly identified, easily traced, and substantially documented. If the Uniform Data Management System developed by the DEPART- MENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above infor- mation is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this -AGREEMENT and ! allowable under the provisions of Office of Manage-� ment and Budget Circular A-87, Appendix B "Standards j of Selected Items of Cost" made part of this AGREE- ment as Appendix B, with the exception of depreciatio costs. Depreciation costs are not eligible for state funding. I ! i (B) No cost incurred by the PUBLIC AGENCY or any of i its contractors prior to the starting date or after the ending date of this AGREEMENT (refer to Section 1.2) will be eligible for funding as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported' by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. L.. 4 /Y97 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES �'T It . VI„1 5.7 NON-DISCRIMINATION 5.71 Civil Ruts The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or nat- ional origin. The PUBLIC AGENCY shall take affirm- ative action to insure that applicants are employed, and that employees are treated during their employ- ment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff,, or termination, rates.of pay or other forms of compensation, selection for training (including apprenticeship), procurement of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. I (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC•AGENCY for work j to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non- discrimination on the grounds of race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise In connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regard to the 5 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NCS .._7 I— STA -OP: 6/81 l maximum utilization of minority business enterprises and will use its best efforts to insure that minority business opportunity ttopshallrises maximum competefor subcontractwork practicable rlthiise contract. ..-7 5.8 CONTRACT OBJECTIVES Progress or attainment of the following enumerated contract objectives will, in part, determine the level of funding during the ensuing year. Acceptance of those items will be subject to verification of the financial and operating data supporting said items. Statistical Objectives: (A) Annual Ridership = 2,200,000 (B) Annual Ridership = 2,200,000 = 1.32 Operating Expense 1,669,985 (C) Annual Miles of Operation = 765,000 = 0.46 Operating ExpenseTb69,9b_,)— 1. i(D) Revenue = 645,000 = 0.39 Operating Expense 6.0 FINANCES I 6.1 METHOD OF PAYMENT The method of payment by the Department is the funding up to limits described in this AGREEMENT, as follows: i 6.11 For each project in this AGREEMENT the DEPARTMENT will, j upon receipt of sufficient documentation and appropriate j request, fund the PUBLIC AGENCY for the lesser of the following two amounts: A. Ceiling amount established in this AGREEMENT for the project, as denoted in Section 6.21; or B. The amount corresponding to the DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.22. H i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES /1/97 6.12 Advance allocations of state transit assistance funding will be made to the PUBLIC AGENCY in accord- ance with procedures denoted in 820-[09,B] Chapter 2, IAC, made part of this AGREEMENT as Appendix M. Section 2.2(1) of 820-[09,B] Chapter 2, IAC (admini- 25%straofvtheutotal oAGREEMENT amountr advance al I twill bespaid that the PUBLIC AGENCY prior to or during each successiveothree month period. The following chart delineates the amount to be allocated to the PUBLIC AGENCY on a quarterly basis. Total State Transit , /''I Assistance Allocation -$107,988.00 100% l " 1st Quarter Advancement-$ 26,997.00 25% 2nd Quarter Advancement-$ 26,997.00 25% 3rd Quarter Advancement-$ 26,997.00 25% 4th Quarter Advancement-$ 26,997.00 25% If the total advance of the four quarters exceeds the i amount eligible for payment under this AGREEMENT, repayment to the DEPARTMENT must accompany the end - of -the -year financial and statistical report, as cited in Section 2.9(1) of the rules for advance allocations. Also refer to Section 7.2 of this AGREEMENT. M. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L' MLI 7 ■ 7 STA -OP: 6/81 6.2 FINANCIAL LIMITS 6.21 The DEPARTMENT's participation in the PROJECT cost will be limited to the following funding criteria: 6.22 The DEPARTMENT shall verify and fund the eligible cost of the PROJECTS based on the following.an.d up to the participation percentages denoted; if applicable: SPECIFIC LINE -ITEM DEPARTMENT's EXPENSES OR COST PARTICIPATION PROJECTS ALLOCATION FACTORS PERCENTAGE USED FOR THE PROJECTS if a licable 1.Evening Service a. $11.62 per vehicle hour of evening ser- vice up to $71,988.0 (approximately 6195 vehicle hours). b. Evening service will consist of all vehi=. cle hours of service operated after 6:30 p.m, on three routes and after 6:45 p.m. on four routes, week - This page revised prior to nights or Saturdays., e execution 8/1781. I�e i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES f PROJECTS DEPARTMENT's CEILING AMOUNT 1. Evening Service $ 71,988.00 2. Marketing Program 6.,000.00 3. Paratransit Service 30,000.00 4. 5. 6. DEPARTIIENT's TOTAL CEILING AMOUNT $107,988.00 6.22 The DEPARTMENT shall verify and fund the eligible cost of the PROJECTS based on the following.an.d up to the participation percentages denoted; if applicable: SPECIFIC LINE -ITEM DEPARTMENT's EXPENSES OR COST PARTICIPATION PROJECTS ALLOCATION FACTORS PERCENTAGE USED FOR THE PROJECTS if a licable 1.Evening Service a. $11.62 per vehicle hour of evening ser- vice up to $71,988.0 (approximately 6195 vehicle hours). b. Evening service will consist of all vehi=. cle hours of service operated after 6:30 p.m, on three routes and after 6:45 p.m. on four routes, week - This page revised prior to nights or Saturdays., e execution 8/1781. I�e i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES f F n PROJECTS Z• Marketing Programl 3. Paratransit.service I 4. S. M 6. This page revised to execution 8/17/81. 7a ig9"7 MICROFILMED BY `JORM MICROLAB i CEDAR RAPIDS -DES -MOINES A t. I STA -OP: 6/!31 I .. SPECIFIC LINE -ITEM OEPARTNIENIT's EXPENSES OR COST PARTICIPATION ALLOCATION! FACTORS PERCENTAGE if a licable USED FOR THE PROJECTS Actual expenses for a. 100% rketing materials, vertisement preparatio d distribution, and her marketing services, rketing activities st have District man- er's prior approval be eligible for imbursement. ..48 per 'para transit issenger trip .(unlinked to $30,000.00 (ap- 7.oximately 20,270 trips . Verification to be iintained at. Public ;ency's office will con IC, Lst of copies•of driver �. wily boarding charts, i aless subcontractor s fully implemented on a adequately main- aining UDMS, in which ase monthly or quarterl ummaries will suffice. M 6. This page revised to execution 8/17/81. 7a ig9"7 MICROFILMED BY `JORM MICROLAB i CEDAR RAPIDS -DES -MOINES A t. lt- STA-OP: 6/81 6.3 PAYMENTT ODDS 6.31 In the case of any individual project amount, if . the amount eligible to be paid equals zero dollars, there will be no funding by the DEPARTMENT for any such project (refer to Sections 6.1 and 06.2). 6.32 Funding requests by the PUBLIC AGENCY to the DEPART- MENT shall be made by PROJECT as outlined in Section 6.2• Funding requests shall reflect costs incurred or performance attained, dependent on payment method (prescribed Section 6.22) toward each PROJECT. PROJECT overruns shall require a "change of work" request that has prior DEPARTMENT approval of tile overrun. The DEPARTMENT's total ceiling amount shall not b,, increased by this provision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. 6.4 NO PROVI_ SIONS 6.5 AUDIT AND_INSPECTION OF BOOKS PROPERTY AND SERVICE C 6.51 The PUBLIC AGENCY will be responsible for Securing ro auditing in accordance with OMB Circular A-102, Atach-er ment P, paragraph 1 through 11 (Appendix E). 6.52 Two (2) copies of the audit prescribed in Section 6.51 of this AGREEMENT shall be sent to the DEPARTMENT by the PUBLIC AGENCY. (Refer to Section 7.4 for the address.) Failure to furnish an acceptable audit as determined by the cognizant federal audit agency may be a basis for denial and/or refunding of state and federal funds. 6.53 All accounting practices applied and all records main- tained will ba in accordance with generally -accepted accounting principles and procedures. 6.54 The PUBLIC AGENCY shall require its contractors to permit the DEPARTi4ENT'S authorized representatives to data nwiithtregard oto therk eAGREEMENTrecords, and any other 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of audittile ll copiesof said rrecords and Ldocuments toIC AGENCY atheprovide DEPART- MENT upon request. 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M? STA -OP: 6/81 the DEPARTMENT, and shall permit 6.56 The PUBLIC AGENCY shall provide all information an reports required by accounts, other sources access to its books, records, be deter - of information, and its facilities as pertinent to ascertain mined by the WhereDEPARTMENT i to rmation required of the compliance. Where any possession of PUBLIC AGENCY is in refuses the exclusive furnish this t to the another the fail ICAGENCY shall so certify Infor- mation, DEPARTMENT and sPUBL hall set forth what efforts it as made to obtain the information. 6.57 The PUBLIC AGENCY shall permithe DEPARTMENT MENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part rende the transit system, all transportation services icles'efacilities PUBLIC AGENCY by the use of such to a es, and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7,1 QUARTERLY REPORTS The. PUBLIC 'AGENCY 'agrees to supply a quarterly financial ist and non-financial •op erating statement along with a p the report of all funding sources and amounts DEPARTMENtilizinT. This material forms supplied or approved by ithin 30 days after must be submitted to the DEPARTMENT w each of the first three quarters. Failure to do so during theresut penaltytorcforfeitureeriodaclausepinithehfollowbingshment year'socon- tract, at the discretion of the DEPARTMENT. 7,2 YEAR END REPORT At the end of the PROJECT period, the PUBLIC AGENCY must submit within 45 days a final invoice, a financial and non-financial operating statement showing the total pense and revenue uthe a transportation exforfeiture system. Failure to do so will begr, nds forortion of the PROJECT by of the funding of the remaining P the DEPARTMENT. 7.3 FUNDING INFORMATION 7.31 The PUBLIC AGENCY may submit quarterly progressive billings to the DEPARTMENT covering those eligible costs by project that have been incurred by the PUBLIC AGENCY. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES M I STA -UP: 6/81 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to jus- tify and support said costs and payment for each project. 7.33 The financial and non-financial operating statement must accompany all requests for operating assistance and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and pro- jects as outlined in this AGREEMENT. 7.4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY concerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. 2nd Avenue, Des Moines, IA 50313. IN WITNESS WHEREOF, the parties hereunto have cause this AGREEMENT_: to be executed by their proper officials thereunto duly authorized as of the dates below indicated. IN WI,TNES� SSTT,H`EREOF, we have hereunto set our hands this. 4A day of C)1981 . CITY OF IOWA CITY CITY FALL lOidA CITY, IOWA 52240 B . o — John Balmer, Mayor Received 8 Approved By The Legal Department 10 PUBLIC TRANSIT DIVISION IOWA DEPARTMENT OF TRANSPORTATION! 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 Phone: (515) 281-4265 By: o n e Short, Director 11V MICROFILMED BY 'JORM MICROLAB -CEDAR RAPIDS -DES 1401NES IOWA DEPARTMENT OF TRANSPORTATION STA -CAP: 6/81 PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT FOR THE STATE TRANSIT ASSISTANCE PROGRAM PART I: ASSURANCES and CERTIFICATIONS: 1.0 General Provisions None 2.0 Roles and Responsibilities of the Public Agency 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: APPENUICES: 8.0 9.0 Contract Non -Performance Settlement of Disputes B. Cost Principles (OMB A-81), (1/15/81) 10.0 Termination or Suspension of E. Audit Requirements (OMB A-102, Att. P), (10/22/79) 11.0 Project Renewal, Renegotiations, and G. J. Title VI, Civil Rights Iowa DOT -IAC, Transportation Procurement, 12.0 Modifications Hold Harmless 820-[O1,B] Chapter 2 13.0 Assignability and Subcontracting M. Iowa DOT -IAC, Advance Allocation of State Transit Assistdrlce Funding, 14.0 Interest and Prohibited Interest 820-[09,B] Chapter 2 15.0 Additional Agreement Provisions N. Iowa DOT -IAC, Financial Assistance, 820-[09,8] Chapter 1 PART I: 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT T�1IS A REEM70- ENT, made and entered into this 4 day of I eteen the IWA DEPARTMENT OF TRANSPORTATION81anbagencyandbofwthe StateOof Iowa, herein- after called the "DEPARTMENT", and the CITY i IOWA CITY located at IO[JA CITY, IOWA 52240 hereinafter called' the PUBLIC AGENCY". In consideration of . the mutual covenants, promises and representations herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT from JULY 1, 1981 through JUNE 30, 1983 . MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES r- STA:CAP: 6/81 1.3 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by H.F. 850 FIRST Session of the SIXTY-NINTH General Assembly for CAPITAL PROJECTS as described in the appli- cation herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which fund- ing will be provided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: �( (a) CAPITAL EXPENSES - all eligible transit system expenses related to the purchase or construction of transit equipment and facilities. (b) CAPITAL SUPPORT NEED - capital expenses that need to be covered by capital funding. (c) CAPITAL SUPPORT - all monies received by the transit system not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the capital. support need: (d) CAPITAL PROGRAM SUPPORT - total capital support less the capital support from sources other than the Iowa Department of,Transportation. (e) PROJECT - specific element or task of this AGREEMENT described in Section 6.2 for which a maximum amount and participation percentage has been established. (f) CEILING AMOUNT - maximum amount assigned to specific tasks or elements of this AGREEMENT, or for this AGREEMENT as a whole. (g) PARTICIPATION PERCENTAGE - the percentage which denotes the part of portion of the PROJECT or,task-which will be funded by any given funding source. 2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES .� STA -CAP: 6/81 (h) FUNDING COMMITMENT - the maximum amount or maximum participation percentage any given funding source has committed to through the PUBLIC AGENCY for this AGREEMENT. (i) CAPITAL CONTRACT SUPPORT - capital support contracted to the PUBLIC AGENCY. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is J N ALMER i.e., who has signatory powers . 1.7 PROJECT MANAGER The project manager for this AGREEMENT on the staff of the PUBLIC AGENCY is NucMos who is directly responsible for the performance called for in this AGREEMENT. 2.0 ROLES AND RESPONSIBLITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall purchase all capital equipment and construct all facilities in the AGREEMENT, or amendments to this AGREEMENT, for which financial assistance is being pro- vided by the DEPARTMENT pursuant to this AGREEMENT, and amend- ments, if any. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will promptly fund the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any funding request from the PUBLIC AGENCY that the DEPARTI4ENT feels is not warranted or justified or that may exceed the rightful amount of funding to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assistance to the PUBLIC AGENCY asnotedand detailed in Chapter 601J of the Code of Iowa (1981). 3 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES /017L3) c -7, STA -CAP: 6/81. 3.3 The DEPARTMENT shall, as security for the funding, hold a security interest on all vehicles and equipment purchased through this AGREEMENT by the PUBLIC AGENCY with the State Transit Assistance participation. The security interest shall be a percentage of the market value equal to the percentage of the purchase price that the State Transit Assistance funds represent. 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all transportation -related costs, revenues, and capital sources are recorded so that they may be clearly identified, easily traced, and substantially docu- mented. If the Uniform Data Management System, developed by the DEPARTMENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above information is gathered,. kept, organized and reported. j, 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A). Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Office of Manage- ment and Budget Circular A-87, Appendix B "Standards of Selected Items of Cost" made part of this AGREE- ment as Appendix B, with the exception of depreciation costs. Depreciation costs are not eligible for state funding. (B) No cost incurred by the PUBLIC AGENCY or any of its contracts prior to the starting date or after the ending date of this AGREEMENT (refer to Sec - ion 1.2) will be eligible for funding as a PROJECT cost. (C) All costs charged to the PROJECT shall be supported by properly executed invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs s tified and readily accessible. hall be clearly Iden - 4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES /fi97 60 STA -CAP: 6/81 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or national origin. The PUBLIC AGENCY shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurements of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall be notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non-discrimination on the grounds or race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise In connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regard to 3 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES IsV(5) 01 a�. V— STA -CAP: 6/81" the maximum utilization of minority business enter- prises and will use its best efforts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this contract. 5.8 NO PROVISIONS 5.9 PROJECT PROPERTY 5.91 Purchase of Property The major items of Property as listed in Section 6.2 of thethis DEPART4ENTEand NT hthe costs, ave been aptherefdirect cby ore,areincluded in the contract price. The DEPARTMENT will bid and purchase vehicles on behalf of the PUBLIC AGENCY if the PUBLIC AGENCY so desires. If the PUBLIC AGENCY bids and purchases vehicles and shall comply with the equipment, the PUBLIC AGENCY following competitive bidding procedures or negotiated procedures. A. OMB A-87 (Appendix B), B. Iowa DOT -IAC, Transportation, Procurement (Appendix J), Any Property purchased and/or constructed under this AGREEMENT shall be done so on land which is free of all legal encumbrance and a legal description of the des- ignated tract of land shall be on file with the PUBLIC AGENCY. 5.92 Use and Disposition of Property The PUBLIC AGENCY agrees that the Property shall be used for the provision of public transportation service within the area described in the application for the life of the PROJECT. If the Property is not continuously used for public transportation in a manner similar to that intended by the application, the PUBLIC AGENCY shall immediately notify the DEPARTMENT and shall dispose of such Property in accordance with the following provisions: 0 R j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES /l/97 (6) I It. STA -CAP: 6/81 A thetPUBLICPAGENCYsshallareimbursePUBLICy the AGENCY, theDEPARTMENT in an amount equal the DEPARTMENT's participation percentage of the fair market valueof the Property, based upon beexpert and approvedoinewriteingpby the DEPARTMENT, value must be app or B. If the Property is at highet shall be st priceld by obtain - the public agency, subject to written able at public or e r7sethe DEPARTMENT. The approval of the sale pCebysale DEPARTMENT's participation perai�;c9Pa��o�hPercent- price, less the DEPARTMENT'S p age of the expense of the sale, shall be paid to the DEPARTMENT. The PUBLIC AGENCY shall maintain the property at a high level of cleanliness, safety and mechanical soundness. The DEPARTMENT shall have the oright to con - conduct periodic inspections for the purpose firming proper maintenance pursuant to this paragraph. 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of UD to limits For each project of this AGREEMENT the DEPARTMENT willupon receipt of sufficient documentation and es,rof rttheefollowingntwoh PUBLIC URL IC AGENCY for the lse his A. NT Ceiling project, asbdenoted lished YintSection E6M2 or ; or B. The amount corresponding to the DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.2. payment by the DEPARTMENT is the funding described in this AGREEMENT, as follows: 6.11 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES STA -CAP: 6/81 6.2 FINANCIAL LIMITS 6.21 The estimated total transportation capital support need of the PROJECT is $ 46,520 based upon the following analysis: 6.22 The DEPARTMENT'S participation in the PROJECT cost will be limited to the following funding criteria: PROJECTS DEPARTMENT'S CEILING AMOUNT DEPARTMENT'S PARTICIPATION PERCENTAGE 1, WO VANS ( LIFT EQUIPPED) $ 3000.00 6.9% 2. CHANGE MAKING PJACHINE 3000.00 100% 3. 4. 5. 6. DEPARTMENT's TOTAL CEILING AMOUNT $ 6000.00 r 0 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES _—I P 1011'7 0) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES t STA -CAP: 6/81 6.23 The capital expenses for the PROJECT will be covered by capital funding consisting of the following sources: PAR TFC I_PAT ION CAPITAL FUNDING ALL SOURCES PERCENTAGE PROJECT A. CAPITAL SUPPORT SOURCES -AMOUNTS SUPPORT 1. CONTRACT SUPPORT 2 Vans a. Iowa DOT(excluding interest 3,000 6.9 b• UMTA SEC. 3 34,816 0. C. d. e. f. q. Change h. IOWA DOT 3,0 Maker i• 2. NON -CONTRACT SUPPORT Vans a• CT1y OF IOWA CITY 5,70 i b. C. d• e. f• j I h. i i. j. Interest i Total Capital Funding $ 46,520 100% 100/ Project 1 Project 2 (Vans) (Change Maker) 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if amount eligible to be paid equals zero dollars, .the there will be no funding by the DEPARTMENT for any such project (refer to Sections 6.11 and 6.21). I P 1011'7 0) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES t STA -CAP: 6/81 6.32 Funding requests by the PUBLIC AGENCY to the DEPARTMENT shall be made by PROJECT as outlined in Section 6.2. Funding requests shall reflect costs -incurred toward each PROJECT. PROJECT overruns shall require a "change of work" request that has prior DEPARTMENT approval of the overrun. The DEPARTMENT's total ceiling amount shall not be increased by this provision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. 6.4 NO PROVISIONS ' 6.5 AUDIT AND INSPECTION OF BOOKS PROPERTY AND SERVICE 6.51 The PUBLIC AGENCY will be responsible for securing proper auditing in accordance with OMB Circular A-102, Attach- ment P, paragraph 1 through Il (Appendix E). 6.52 Two (2)copies of the audit prescribed in Section 6.51 `l of this AGREEMENT shall be sent to the DEPARTMENT by the PUBLIC AGENCY. (Refer to Section 7.4 for the address.) Failure to furnish an acceptable audit as determined by the cognizant federal audit agency may be a basis for denial and/or refunding of state and federal funds. 6.53 All accounting practices applied and all records main- tained will be in accordance with generally -accepted accounting principles and procedures. 6.54 The PUBLIC AGENCY shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regard to the AGREEMENT. 10 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES /K9JUe) STA -CAP: 6/81 6.55 All records applicable to the PROJECT must be retained and available to the DEPARTMENT for a period of three (3) years after the issuance of the audit report. The PUBLIC AGENCY shall provide copies of said records and documents to the DEPARTMENT upon request. 6.56 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of infor- mation, and its facilities as may be determined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, the PUBLIC AGENCY shall so certifiy to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.57 The PUBLIC AGENCY shall permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the I PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS j 7.1 NO PROVISIONS 7.2 FINAL REPORT At the end of the contract period or at the time of the final request for reimbursement, the PUBLIC AGENCY must submit within 45 days a final invoice showing the capital expenses, support and non -transportation revenue (used for capital, if any,) for this PROJECT. 11 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES F STA-CAP: 6/81 1.3 FUNDING INFORMATION 7.31 The PUBLIC AGENCY may submit progressive billings to the DEPARTMENT covering those eligible costs by Project that have been incurred by the PUBLIC AGENCY. i i 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to jus- tify and support said costs and payments for each project. 7.33 All requests for capital assistance must be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and projects as outlined in this AGREEMENT. 7.34 All invoices for capital assistance must be accompanied by either a purchase order or an invoice from the vendor. 7.4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY con- cerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. Second Avenue, Des Moines, IA 50313. rid IN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be executed by their proper officials thereunto duly authorized as of the dates below indicated. j IN WITNE S THEREOF, we have hereunto set our hands this l� day of Com. , 1981. CITY OF IOWA CITY CITY HALL IOWA CITY, IOWA 52240 PUBLIC TRANSIT DIVISION IOWA DEPARTMENT OF TRANSPORTATION 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 Phone: (515) 281-4265 By: �--rte/iC By:_ Jo-, n Balmer,Mayor *nnLeSLhort, Director Recetvod 6. Approved By The Legal :Depaftwl* 01 111*4 at 12 i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES M ...7 I r� RESOLUTION NO. 81-273 RESOLUTION AMENDING THE AUTHORIZATION OF PERSONNEL IN THE LEGAL DEPARTMENT WHEREAS, Resolution No. 81-45 adopted by the City Council on March 10, 1981, establishing an operating budget for FY82 authorizes all permanent positions, and WHEREAS, the classification plan for the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities necessary to efficient departmental operations, and WHEREAS, the currrent work load of the Legal Department may be performed efficiently and in a cost effective manner with the services of a Legal Assistant position. NOW, THEREFORE BE IT RESOLVED THAT THE AUTHORIZATION OF PERSONNEL IN THE LEGAL DEPARTMENT BE AMENDED AS FOLLOWS: 1. The removal of one Assistant City Attorney position. 2. The addition of one Legal Assistant position. It was moved by Lynch and seconded by Roberts 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 i, Passed and approved this 6th day of October 1981. 4AeXOR ATTEST: kL Revolved i Approved rD;� MICROFILMED BY JORM MICROLAB (CEDAR RAPIDS -DES 1401NES l 11V9P V° RESOLUTION NO. 81-274 RESOLUTION ADDING ONE PERMANENT HALF-TIME POSITION IN THE ASSISTED HOUSING DIVISION OF THE DEPARTMENT OF HOUSING AND INSPECTION SERVICES WHEREAS, Resolution No. 81-45 adopted by the City Council on March 10, 1981, establishing an operating budget for FY82 authorizes all permanent positions, and i WHEREAS, recent approval by the Department of Housing and Urban Development for 30 units of Section 8 Moderate Rehab Housing coupled with the soon to be accomplished occupancy of Phase I of our Turnkey Public Housing, have caused an increase in the workload to justify an ! additional half-time Leased Housing Specialist to be requested, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, ` IOWA, that the authorization of personnel be amended as follows: The addition of one permanent part-time Leased Housing Specialist position. j It was moved by Erdahl and seconded by Neuhause l that the resolution as read a adopted, and upon ro 1 ca there were: AYES: NAYS: ABSENT: x Balmer x Erdahl Lynch x Lynch 1 x Neuhauser x Perret x Roberts x Vevera j Passed and approved this 6th day of October 1981. A OR ATTEST: MY CLERK li,+cr.--Floc! A Approved Dy '" is Legal Department 1 24 181 i /V99 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 1