HomeMy WebLinkAbout1981-10-06 Resolutionr-
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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
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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
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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
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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
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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
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CEDAR RAPIDS -DES MOINES
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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
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MICROFILMED BY
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-CEDAR RAPIDS -DES MOINES
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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
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SCALE I"� IOCY
ATTACHMENT "A"
so .
n
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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
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° 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
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CEDAR RAPIDS -DES 1401NES
P�
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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
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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.
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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:
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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.
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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:
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Town and Contractor's
Ald Schm lser, ulrecu
artment of Planning &
Program Development
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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
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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
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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
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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
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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
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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
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"� 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
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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.
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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-
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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
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$
$_53.777
$
$ 3.36
$ yaao,
$ /0, Ono. o.
$ 9F 790—`
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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
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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.)
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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:
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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.
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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
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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
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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.
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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
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ReeeivOd ; Approved
TM Legal Deparhnenf
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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
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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
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n.. c1.• u.• INC
r...1
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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.
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(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.
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CEDAR RAPIDS -DES 140INES
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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
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CEDAR RAPIDS -DES MOINES
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Received & APPreved
gy The legal Depaltmont
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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
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CEDAR RAPIDS -DES 1401NES
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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.
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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.
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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
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CEDAR RAPIDS•DES 1401NES
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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
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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 --
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CIP SCHEDULE
FY82 - FY86
Page 2
TOTAL PRIOR TO AFTER
COST -FY82 FY82 FY83 FY84FY85 FY86 FY86
------ ------ ------ ------
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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
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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
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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
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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.
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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
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CEOAR RAPIDS -DES MOINES
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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
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bonds.
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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
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Ayes: Roberts, Vevera, Balmer, Erdahl, Lynch
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( 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)
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MICROFILMED BY
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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.
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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
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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.
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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.
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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
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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)
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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)
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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
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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:
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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
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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
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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)
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(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
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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
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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'
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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
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AIILERS. COONEY. DORWEILEH. HAYNIE N SNITH, LAWYERS, DEB MOINES, IOWA
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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
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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
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AHLERS. COONEY- DORW EILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA
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(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
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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
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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.
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ANLERS. COONEY, DORWEILER. HAYNIE A SM IT II LA W'YEJIS, DES MONES. IOWA
Mtn
MICROFILMED BY
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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.
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AHLE fig. COONEY, DORWEILER, HAYNIEA SMITH. LAWYERS, DCS MOINES. IOWA /'&4
MICROFILMED BY
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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,
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AHLERS, COONEY. DORWE ILEA. HAYNIE&SNITH, LAWYERS, DES MOINES. IOWA / 1 / 4P
MICROFILMED BY
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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
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AHLERS• COONEY. DORWEILER. HAYNIE! SMITH. LAWYERS. DES MOINES. IOWA 1104
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(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.
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AMLERS. COONEY, DORWEILER. HAYNIESSMITN. LAWYERS, DES MOINES. IOWA 1 Y 96
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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
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AHLERS. GOONEY. DORWEILER. HAYNIE & $MITI/. LAWYERS. DES MOINES. IOWA
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/ �Y ^oMPLFT
MR. A
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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)
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AHLERS.COONEY. DORWEILER. HAYNIE G SMITH. LAWYERS. DES MOINES. IOWA
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(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) �
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AHLERS. GOONEY. DORWEILER. HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA _
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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
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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
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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
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1.3 PURPOSE OF AGREEMENT
The purpose of this AGREEMENT is to provide financial
assistance to the PUBLIC AGENCY as appropriated and
authorized by 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.
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(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).
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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.
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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
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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.
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6.12 Advance allocations of state transit assistance
funding will be made to the PUBLIC AGENCY in accord-
ance with procedures denoted in 820-[09,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.
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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
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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
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F
n
PROJECTS
Z• Marketing Programl
3. Paratransit.service I
4.
S.
M
6.
This page revised to execution 8/17/81.
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..
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.
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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.
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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.
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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
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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 .
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1.3 PURPOSE OF AGREEMENT
The purpose of this AGREEMENT is to provide financial
assistance to the PUBLIC AGENCY as appropriated and
authorized by 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.
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(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).
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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 -
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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
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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:
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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
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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
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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).
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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.
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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.
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CEDAR RAPIDS•DES 140INES
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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
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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
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j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES 1401NES
1