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HomeMy WebLinkAbout1981-12-08 ResolutionIa;- RESOLUTION NO. 81-306 RESOLUTION TO REFUND CIGARETTE PERMIT WNEREAS, _ Superspud at Old Capitol Mall in Iowa City, Iowa, has surrendered cigarette permit No. 82-143 , expiring June 30th , 19 82 , 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. 82-143 issued to Superspud 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 S 50.00 , payable -to Hawkeye Amusement as a refund on cigarette permit No. 82-143 . It was moved by Lynch and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES:AN YS: ABSENT: Balmer X Lynch X Erdahl X Neuhauser X Perret Roberts Vevera X X X Passed and approved this 8th day of December , 1981 ayor Attest: i MICROFILMED BY .JORM MICROLAB CEDAR RAPIDS -DES 1401NES /74,L .._7 I— l� S RESOLUTION NO. 81-307 RESOLUTION TO REFUND CIGARETTE PERMIT WUEREAS, _ Westinghouse at Hwy. 1 & I-80 in Iowa City, Iowa, has surrendered cigarette permit No. 82-67 , expiring June 30 , 19 82 , 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. 82-67 issued to Westinghouse 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 , payable to Hawkeve Amuc_ement as a refund on cigarette permit No. 82-67 It was moved by Lynch and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: Ate i. }U.i ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of December 1981 layor Attest: & MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 1763 Y- V; - RESOLUTION NO. 81-308 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WATERS FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Larry P. Waters has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Waters First Addition, for the following described premises located in Iowa City, Johnson County, Iowa: MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES / 78'8' Commencing as a point of reference at the northwesterly corner of Lot 272, Part Five, Court Hill Addition to Iowa City, Johnson County, Iowa, as recorded in the Johnson County Recorders Office, Plat Book 5, page 69; Thence south 0011'43" west, 279.67 feet along the westerly line of Lots 272, 271, 270 and 269 of said Part Five, Court Hill Addition to the southwesterly corner of said Lot 269, said corner also being the northeasterly corner of a parcel as surveyed by Earl 0. Wright, as recorded in the Johnson County Recorders Office, Plat Book 11, page 89 (this is an assumed bearing for purposes of this description only); r Thence south 89043'48" west 250.44 feet along the northerly line of said E parcel surveyed by Earl 0. Wright, to the northwesterly corner of said parcel; r Thence south 0°13117" west 290.01 feet along the westerly line of said parcel surveyed by Earl 0. Wright to a point; x Thence south 35°03'52" east 130.17 feet along the southwesterly line of said parcel surveyed by Earl 0. Wright to a point; Thence south 0°17107" west 122.47 feet along said westerly line of parcel i surveyed by Earl 0. Wright to the point of beginning. rThence continuing south 0°17107" west 77.50 feet along said westerly line e of parcel surveyed by Earl 0. Wright to a point of intersection with the northerly right of way line of Muscatine Avenue (formerly U.S. Highway 6); Thence south 89°53'29" west 359.94 feet along said northerly right of way ' line of Muscatine Avenue to a point; Thence north 0000157" west 160.00 feet to a point; Thence north 57°03157" east 173.72 feet to a point of non -tangent intersection with a curve; Thence southeasterly 108.00 feet along a 106.56 foot radius curve concave northeasterly (chord south 60040'49" east 103.44 feet to a point of reverse curvature; Thence southeasterly 196.35 feet along a 125.00 foot radius curve concave southwesterly (chord south 44042'53" east 176.78 feet) to the point of beginning subject to easments of record. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES / 78'8' Resolution No. 81-5 Page 2 The area of this described parcel is 1.6 acres, more or less. WHEREAS, the said preliminary plat 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 preliminary plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 4 1. That the said plat is hereby approved. 2. That there be submitted with the final plat an agreement subject to the approval of the City that limits the access points to Muscatine Avenue to not more than six and not less than three as provided by the note on the 4 preliminary plat. It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl :! x Lynch x Neuhauser x Perret i x Roberts x Vevera Passed and approved this 8th day of December 1981. i YOR , ATTEST: 7 u . CITY CLERK Beee:vod & Approved By The Legal Department I 17f r j MICROFILMED BY 'JORM MICROLAB 'CEDAR RAPIDS -DES -MOINES a RESOLUTION N0. 81-309 RESOLUTION APPROVING THE PRELIMINARY PLAT OF OAKES MEADOW ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. %.., <nra WHEREAS, the owner, Dean Oakes has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Oakes Meadow Addition, for the following described premises located in Iowa City, Johnson County, Iowa: Commencing as a point of reference at the northwesterly corner of Lot 272, Part Five, Court Hill Addition to Iowa City, Johnson County, Iowa, as recorded in the Johnson County Recorders Office, Plat Book 5, page 69; i Thence south 0°11143" west, 279.67 feet along the westerly line of Lots 272, 271, 270 and 269 of said Part Five, Court Hill Addition to the southwesterly corner of said Lot 269, said corner also being the northeasterly corner of a parcel as surveyed by Earl 0. Wright, as recorded in the Johnson County Recorders Office, Plat Book 11, page 89 (this is an assumed bearing for purposes of this description only); i Thence south 89043'48" west 250.44 feet along the northerly line of said parcel surveyed by Earl 0. Wright, to the northwesterly corner of said parcel; Thence south 0013117" west 290.01 feet along the westerly line of said parcel surveyed by Earl 0. Wright to a point; Thence south 35003'52" east 130.17 feet along the southwesterly line of said parcel surveyed by Earl 0. Wright to a point of non -tangent intersection with a curve; Thence southeasterly 135.66 feet along a 175.00 foot radius curve concave southwesterly (chord south 21055'20" east 132.29 feet) to a point of intersection with the easterly line of said parcel surveyed by Earl 0. Wright; Thence south 0017107" west 77.15 feet along said easterly line of parcel surveyed by Earl 0. Wright to a point of intersection with a northerly right of way line of Muscatine Avenue (formerly U.S. Highway 6); Thence south 89°53'29" west 50.00 feet along said northerly right of way line of Muscatine Avenue to a point of intersection with the westerly line of said parcel surveyed by Earl 0. Wright; Thence north 0017107" east 77.50 feet along said westerly line of parcel surveyed by Earl 0. Wright to a point of curvature; Thence northwesterly 196.35 feet along a 125.00 foot radius curve concave southwesterly (chord north 44042153" west 176.78 feet) to a point of reverse curvature; Thence northwesterly 108.00 feet along a 106.56 foot radius curve concave northeasterly (chord north 60040149" west 103.44 feet) to a point of tangency; /78' j MICROFILMED BY 'JORM MiCROLAB CEDAR RAPIDS -DES MOINES 1" - I Resolution No. 81-. Page 2 Thence south 57103'57" west 173.72 feet to a point; Thence north 0°00157" west 831.87 feet to a point; Thence north 0°47'10" east 155.53 feet to the southwesterly corner of the Meadow Street right of way; Thence south 89°47'35" east 60.00 feet to the northwesterly corner of said Lot 280 of said Part V, Court Hill Addition; Thence south 0°12'25" west 155.38 feet along the westerly line of said Lot 280 to the southwesterly corner of said lot 280; Thence south 89055'22" east 188.63 feet along the southerly line of Lots 280 and 279 of said Part V, Court Hill addition to the Southeasterly corner of said Lot 279; Thence south 59046'27" east 224.39 feet along the southerly line of Lots 277, 276 and 275 of said Part V, Court Hill Addition to a point on the southerly line of said lot 275; Thence south 89°41'07" east 94.84 feet along the southerly line of Lots 275 and 274 of said Part V, Court Hill Addition to the point of beginning, subject to easements of record. The area of this described parcel is 7.5 acres, more or less. WHEREAS, the said preliminary plat 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 preliminary plat is found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the said plat is hereby approved contingent upon the following: 1. That an agreement to install streets and sidewalks and all related improvements extending from Brookside Drive to Muscatine Avenue be submitted. 2. That a deed, dedicating street right-of-way for the purpose of extending Dover Street north from Muscatine Avneue to Brookside Drive, be submitted. It was moved by Roberts and seconded by Resolution be adopted, and upon roll call there were: MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES Vevera the /789 7 tesolution No. 91_1.. 'age 3 AYES: NAYS: ABSENT: x Balmer —7� Erdahl —� Lynch Neuhauser Perret —� Roberts �-- Vevera Passed and approved this 8th day of December 1981. 177 61 .�1 RESOLUTION NO. 81-310 RESOLUTION APPROVING THE FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF COURT HILL -SCOTT BOULEVARD PART VIII ADDITION TO THE CITY OF IOWA CITY, IOWA. WHEREAS, the owners and proprietors, Plum Grove Acres, Inc., and Florence E. Glasgow and Bruce R. Glasgow, have filed with the City Clerk the Large Scale Residential Development Plan of the following described property situated in Johnson County, Iowa, to -wit: Commencing at the Southeast corner of Section 12, Township 79 North, Range 6 West of the 5th P.M., thence N00 degrees, 02'19" E, 2283.38 feet on the east line of the Southeast Quarter of said Section 12 to the point of beginning; thence N89 degrees 57'41" W, 100.00 feet on the North line of lot 116, Court Hill - Scott Boulevard Part VII, an Addition to Iowa City, Iowa; thence N45 degrees 21'42" W, 109.19 feet on the Northeasterly line of said Lot 116; thence N 89 degrees 57'41" W, 202.44 feet on the North line of said Lot 116 to the East line of Oakwoods Addition Part 6, an Addition to Iowa City, Iowa; thence N 0 degrees 36'40" W, 278.29 feet on the East line of Oakwoods Addition Part 6; thence N 26 degrees, 03'16" E, 69.53 feet; thence N 57 degrees 35'00" W, 104.86 feet to the North corner of Lot 237, Oakwoods Addition, Part 6; thence N 33 degrees 35'40" E, 270.20 feet on the Southeasterly right-of-way line of Oberlin Street; thence Northeasterly 23.56 feet on a 15.00 foot radius curve concave southeasterly, and whose 21.21 foot cord bears North 78 degrees 35'40" E; thence N 33 degrees 35'40" E, 35.00 feet to the center line of Lower West Branch Road; thence S57 degrees 39'18" E, 297.87 feet on the center line of Lower West Branch Road to the Center line of Scott Boulevard, which is the East line of the Northeast quarter of Section 12, Township 79 North, Range 6 West of the 5th P.M.; thence South 0 degrees 35'42" W, 207.25 feet, on the center line of Scott Boulevard to the Southeast corner of the Northeast Quarter of said Section 12; thence South 0 degrees 02'19" W, 364.59 feet on the centerline of Scott Boulevard to the point of beginning. Subject to easements and restrictions of record. WHEREAS, said property is owned by the above-named corporation and individuals and the Dedication has been made with their free consent and in accordance with the desires of said proprietors. WHEREAS, said Final Large Scale Residential Development Plan is found to conform with all statutory requirements. WHEREAS, said Final Large Scale Residential Development Plan was examined by the Planning and Zoning Commission which recommended that said Final Large Scale Residential Development Plan be accepted and approved. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 17 90 4' _T z NOW, THEREFORE, BE IT RESOLVED by the Council of Iowa City, Iowa, that said Final Large Scale Residential Development Plan, located on the above- described property be and the same is hereby approved and the Dedication of the streets as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by Vevera 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 Passed and approved this 8th day of December 1981. ATTEST: CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Reoeivod & Appr'vod lay Tho "al Depar:7cnt 1790 City of Iowa CV MEMORANDUM Date: December 2, 1981 To: City Council From: Doug Boothroy, Senior Planne� Re: Report - "Planning and Zoning Review: Application Fees" A study of the fees being charged to applicants for the various review processes performed by the Planning and Program Development staff and related City personnel was sent to you in the beginning of November. The Planning and Zoning Commission and the Board of Adjustment reviewed the report; their recommendations follow. The Planning and Zoning Commission recommends that the concepts outlined in the report "Planning and Zoning Review: Application Fees" be considered by the City Council, and that the Council move to increase the fees charged. The Commission has no recommendation as to the exact amount of fees. The Board of Adjustment recommends that fees for actions brought before the Board not be increased. Both the Commission and the Board were reluctant to impose fees which they felt paid for the cost of regulation. Both bodies felt regulations furthered the interests of the general population and that the review process should be supported by general revenues. The Board of Adjustment did not wish to deny anyone access to the appeals process by charging a prohibitive fee. It is the staff's position that, although the general population does benefit from the application review process, each applicant who comes before the Commission or the Board potentially realizes a benefit which is not enjoyed by the general public. In the case of subdivisions, that benefit is the financial reward derived from the sale of developed property; in the case of variances, the applicant is able to enhance their property for their own present enjoyment or for future profit and resale. These benefits go beyond that which is enjoyed by the general public as a product of the review process. Therefore, a fee should be charged to compensate the general public for review services provided by the public sector. The magnitude of the fee must be evaluated in terms of the benefits derived to the applicant, as outlined in the report, and should also take into consideration the proportion between the fee charged and the total project cost. It should be noted that the fees proposed do not include such costs as pre -application conferences, on-going consultation with applicants, and exact costs of typing and printing. The suggested schedule is, therefore, representative of less than the full costs for processing the applications. It is our opinion that the fees proposed are X79/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES F I NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Juceco, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 8th day of December, 1981, at the Civic Center, City Hall, in Iowa 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, (Juceco, Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $100,000 (the "Bonds"), and to loan said amount to Juceco, Inc., (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's urban renewal plan Iowa R-14. The Bonds, when issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, 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 --November_, 19817Rth day of Zaxea,-.,J City Clerk a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Fr FF U IUI s ^ rr B IOWA STATE BANK & TRUST COMPANY IOWACITY. IOWA 52244 MG COOC 219.328-0625 December 7, 1981 Mr. Robert N. Downer Meardon, Sueppel, Downer & Hayes Attorneys -At -Law 122 South Linn Iowa City, Iowa 52240 Dear Bob: RE: Juceoo, Inc. Application for Industrial Revenue Bond Financing In order to further clarify the bank's position regarding the purchase of Industrial Revenue Bonds in order to fund the Juceco, Inc. project, I thought the following comments might be appropriate. The bank has faith in the individuals involved in this project based upon our past relationships with then. They are experienced business people who have worked hard at ventures to make then successful. They have a proven record of following through on oomnitments. I want to stress, however, that even though the bank has regard for the individuals, the loan in question is to the business and, as such, the business must provide the principal repayment source. Based upon the projections, additional debt service via a conventional bank interest rate would erode the profit, which is already projected to be molest. It should also be noted that the principals have put sufficient equity into the project particularly in light of the return. This highlights the personal commitment of the individuals. Sincerely, JSK:ckk i i L,'. MICROFILMED BY IJORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 2;' �: i �-.1 Proceedings to Proceed With Issuance and Sale Iowa City, Iowa December 8 , 1981 The City Council of Iowa City, Iowa, met in regular sessioin on the 8th day of December, 1981, at 7:30 o'clock, p.m., at the Civic Center in the City pursuant to law and to the rules of said Council. The meeting was called to order and there were present John R. Balmer, Mayor, in the Chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret Roberts Vevera Absent: None The City Council investigated and found that notice of intention to issue Industrial Development Revenue Bonds (Juceco, Inc. Project) in an aggregate principal amount not to exceed $100,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bonds, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bonds. The following local residents attending the hearing expressed their views as follows: -1- �. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MDINES /795 7 i 1," After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bonds, Council Member Lynch introduced a Resolution entitled: "Resolution to Proceed With the Issueance and Sale of Industrial Development Revenue Bonds (Juceco, Inc. Project) in an aggregate principal amount not to exceed $100,000" and moved its adoption, seconded by Council Member Neuhauser After due consideration of said Resolution by the Council, the Mayor put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Lynch, Neuhauser, Roberts, Vevera, Balmer Nays: Perret, Erdahl Whereupon the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. Attest: City Clerk 1 (Seal) �; ll -z- v i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 1795 r_ RESOLUTION 81-311 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Juceco, Inc. Project) in an aggregate principal amount not to exceed $100,000 WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Juceco, Inc. (the "Company") to issue its Industrial Development Revenue Bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise to be located within the Urban Renewal Area of the Issuer, which will employ substantial numbers of people from and near the Issuer with the resulting increased employment, substantial payrolls and other public benefits flowing therefrom; and WHEREAS, it is proposed to finance all or a portion of the cost of the Prosect through the issuance of Industrial Development Revenue Bonds (Juceco, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligations of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bonds have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /796 w� r r - Section 1. It is hereby determined that the undertaking of the project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds upon receiving reasonable advance notice and upon reaching mutually acceptable terms with the Company regarding such Bonds. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bonds and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bonds. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 8th day of December, 1981. j ayor Attest: City Clerk (Seal) -4- MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 795 v ...7 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby depose and certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bonds (Juceco, Inc. Project) in an aggregate principal amount not to exceed $100,000. WITNESS my hand and the corporate seal of said City hereto affixed this 8th day of December, 1981. City Clerk (Seal) -5- MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES MOINES 179S (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 i 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 i7attached, is a true and complete copy, to be published in yo,, G to IYe ,-C,f12ek , a legal newspaper, printed wholly in the EngTis ang age, pu is7e7in 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 Q+h day of 1981. City GlerK (Seal)' ( (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) { i i i i i i I -7- 179,5 i MICROFILMED BY IJORM MICRO_ LAB CEDAR RAPIDS -DES MOINES I t� Printers fee S tIff's— CERI9FICATEOFPUBLICATION S'PA'DE OF IOWA, Johnson County,ss: 191E IOWA CITY I'll ESS -CI'TI'ZEN 1, Bronwyn S. Van Fossen, being duly sworn, say that I Eon the cashier of the IOWA CITY PRESS -CITIZEN, it news- poperpublished in said county, and that a notice, a printed copy of which is hereto attpighed, was published in said paper __/1 e�timclsl, on the fol - I ting date(s)- Cashier Subscribed and sworn to before me 010 this V_1 defy of _icc._�-. n.1) 19JJ�, JtLb�CLQ_?MkU,' //I Notary Public No. Y "•• JULISIAYAUIKER ` MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES OFFICIAL PUBLICATION . NOTICE Of IIIIENTIN TO ISSUE IMSTRAt pEVELOWNT REVEME "OS I IM City Couumll of the City of lo+a City, Ia.e, Lithe 'luwrry vitt meat on: tNa Bb tiny of DeceaEer, IMI, at un, Clvic Center, City Hall, In 'Iaa City, loa, at 6n e'Cloct, P.m., for the Tortola of c.Wwtln a public Mart,p on the ' P",. of detmlrp 111 or carteto lenrovemnnta or en, we of it. taaroltl ant I...d ourt to the )abllpatlom' and .111 not tomtltub n pnul (obilpatl on, of the It.., her vlll they M Dipable In any manner by "nation. but tfm tomb, WI11 M peyabla solely aM only from a tt recelued by iM letter neer a loin Agnemenl Mteaen the !11-rot ttwr .no W Comon". the oblipatlo, of main. m ter.,:rncanl b WY the principal of .np `inteMn am nGgtlon prx7w,.tf ny, on the Bond, n and mean the aw Mall W. due.. At the time end Place fle1E for old public Malnp .11 -local rtNdenit mine aPpur vitt M gluon an oltortunitY b @*rest their vfavt for or a0aintt the prrpnwl b W. the bond,, and at the Merl, or One adju.r.nt tim.l, the luwr, atoll adopt , • nlolutlon deteralnLq ~her or nal b proceed ,11 tM Ittwnca of the poke. By order of the Cliy Council, of Ipru. day of botroltr . IMI. i LTty'� erg NPVamlxf 11, IN) e � ....... '795 ar I4'inlrrsfev 1" 01' )'11111,1C,`ET10N I)\1'A,.lohnson Cnunt}'.ss: CITY I'M.,ss'CITI%I':N Yon Vossrn, being; duly l;ll I aln tho rashivr of the I'lil•:Ss�CI'I'I%I•:V'. 11 nrtes• 'd in said vounly. and th;lL n•inled copy of which is rd, was publishesa El ill id ''.i lilliv(s). on Thr fel• Al/ / tl (:a 511 ICr :11111 sworn UI brforr nu' >' of OL' o Votary Public SLAYMAKER C S OFFICIAL PUBLICATION NOTICE Of PUBLIC N1ARIhD Of ,MHNgON To ISSUE INDUSTRIAL DIVILONINT REVENUE BDNBS oALSION CRuk APARTMENTS LID. pNOJECI) Nike lond.t d the Lotan pi [wMilof stll City fit orof Idea Idea, Ie, In theCwM11 C"rpRa It the Cbl, Center. i0.• city. Iwe. at 9:30."I.cl LM., on Oeceeon B• 1981• on the proposal to hem not to cee4 32,000,OW DrIMIDd count IMmtrpl Derof IM [Ity'I alopNent ReveMv Bowl of then C",,: bte Aparenltd. protect) pursuant tp the p.orOlo" °ot Chow 419 01 the Code of Iwe, for the p,,pa'. of fl"Ming all or a portion e'of the omt of .wiring, an., Ipro,in all rouipp Ly a coeecrclel anterorhe ca"I'M .i 9 of • eultlple-elft nNdent Ml aparWn4 bcl lltY to be located dtdn 9" hare. .1 ad aonahlant ell the city, facom., Nfo ID, nt plan, ill Drdpowe AWrWnh to., en e•I. po aahton Creel 'conoany*). It h <onpaD let" ration on, .thrrernl do M entered Into petrel [M City LaM the Cogany, eider .nicb the Ci IY ..to Iwo to wld Co9yny IN Drocmdf froe the sale DI the Bede In rot -In for loan p,,_ t, froe the Coo,", wll Iden(• to Day I" Drintl"t of. Inter ,t all Dred-. If any. on I fell Due. aN BDMI 41 the e Iae IN411 Set' ade. 11 iumd, 4d the Intent tiered, pgaple eohly nutnf the rerem.ea 41a.l rrd fro the d loan Ap .Mal 0 3")1 ..or const)wte 4a Indebta of said City within the rmlM DI 4nY $tele constitutional Drovitlpnt or IMlulory 11-ite11oq all IMII not roneto.t. � 91rr rise tp a peeunbry 11"llil of cid City er 4 ch." ep4lnsl Its 9onar4l credit Or taxing Domrl. All local resident, NN Ppear at aid nearing Mall be gin: n Mpoftuno, to uDrcla lhelr v1e.I IDr o apdnrt the p'noc. I to Issue ol Bells, end at ealo hearing• oe any d edlourr.enl d , thereof, the CouMll 0l old ILL y IN,, •doll 4 relullon mterainOg Melher or not to MMeed el th the hwerce of old Bonds. By Order Df the Co, CouMll L ly Dftor:( It,, D Y November 71, 1"1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES 1401NES L. 2 Student Senate Resolution 81-40 submitted by Tim Dickson, Sheldon Schur, Mike Moon, Executives UISS Steve Price, Aaron Barlow, Free Environment December 8, 1981 WHERERAS, the City of Iowa City is intending to use Industrial Revenue Bonds to finance an apartment complex to be constructed dangerously close to the Flood Plain of Ralston Creek; and WHEREAS, according to designs submitted to the City of Iowa City, the parking lot of that apartment complex would be directly on top of the Flood Plain, resulting in a threat to public health caused by periodic flooding on the Flood Plain of Ralston Creek, endangering the lives and property of the tenants of that apartment complex; and I WHEREAS, the placement of the parking lot on top of the Flood Plain of Ralston Creek increases the possibility of flooding down- stream of the apartment complex; and WHEREAS, the City of Iowa City has spent hundreds of thousands of dollars moving residents who were living on dwellings built on top of the Flood Plain of Ralston Creek due to the threat such a location for residential housing poses to public health; and WHEREAS, the Industrial Revenue Bonds can be put to better use on some other municipal project rather than helping to finace an established landlord whose livelihood does not depend on the use of these Industrial Revenue Bonds, which would give this one landlord an unfair advantage in the housing industry, an advantage that would prove detrimental to others in the housing industry and therefore would, in the long run, create fewer opportunities for suitable housing rather than greater opportunities for citizens seeking housing; and WHEREAS, the type of housing that would be produced with the use of these Industrial Revenue Bonds would not satisfy the current housing shortage in Iowa City since only twelve of the sixty proposed apartments would be available as low - to - middle income dwellings which are most needed by the city; and WHEREAS, the proposed Ralston Creek North Branch Dam Project would hinder only major flooding but would not affect the periodic flooding that• takes place on the Flood Plain, and would thus not inhibit the danger to public health and property the location of the parking lot poses; and i 79¢ MICROFILMED BY 'JORM MICRO_ LAB .CEDAR RAPIDS•DES MOINES p. 2 WHEREAS, the structure of the buildings on top of tall mounds would be a poor long term investment for the city to make since the mounds, subject to erosion, would not last long enough to make the two million dollar investment feasible for the city to pursue; and WHEREAS, Associated University Realty, Inc. has established a poor record in dealings with student tenants, who comprise the largest single category of renters, and this poor record is not exclusive to student rental relationships; and WHEREAS, the City of Iowa City would be ignoring its responsibility to protect the health, property, and well being of the residents of Iowa City should the City Council resolve to allow such a pernicious use of these Industrial Revenue Bonds for such a poorly designed and located project which would not be of profit to the City of Iowa City and the residents of Iowa City, but would only be of profit to the single landlord, whether lives and property were lost or not; THEREFORE BE IT RESOLVED: That the University of Iowa Student Senate urges the City Council of Iowa City to abandon all plans to further deface the Ralston Creek Flood Plain, and to abandon plans to help finance the apartment complex so poorly designed and located. BE IT FURTHER RESOLVED: That the University of Iowa Student Senate urges the City Council of Iowa City to enforce and strengthen existing city ordinances prohibiting the building of structures, particularly residential dwellings, on or dangerously close to flood plains. BE IT FURTHER RESOLVED: That the University of Iowa Student Senate urges the City Council of Iowa City to put Industrial Revenue Bonds to better use than the project currently considered. Respectfully ubmYitt this 8th day of December, 1981. r i University of Iowa Student Senate Timothy E. Dickson, its President MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /710 4" �1 Iowa City, Iowa, December 8, 1981. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, 410 Fast Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John R. Balmer, Mayor, presiding, and on roll call the following Council Members were present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None -1- i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES ).- After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the Ponds, Council Member Roberts proposed the following Resolution and moved its adoption. Council Member Vevera seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Neuhauser, Roberts, Vevera, Balmer, Lynch NAYS: Perret, Erdahl The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- MICROFILMED BY IJORM MICRO_ LAB CEDAR RAPIDS•DES I40INES 1 ' i 1717 (Other Business) The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $2,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project), pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of temporarily financing all or a portion of the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a multiple -unit residential apartment facility, located within the area of and consistent with the City's Neighborhood Development Plan. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Ralston Creek Apartments Ltd., with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) Oral objections or other comments were made by the following: (List names of persons appearing and a summary of any i views expressed. If none, insert the word "None".) Following people appeared: John Suchomel - questioning the applicants' need for IRB financing. Larry Baker - objecting to setting precedent for use of IRB's for housing. Tim Dickson - read a proposed resolution to be considered by University Student Senate, objecting to the issuance of IRB's for a project poorly designed and located, asking the City to abandon plans to aid financing. Steve Price - objected to building in the flood plain and pointed out possible dangers. Dee Wunschel - City Atty. Jansen advised that her complaint was not relevant to this hearing. -2- MICROFILMED By JORM MICROLAB CEDAR RAPIDS -DES MOINES 1747 ...7 S" - RESOLUTION NO PUBLIC HEARING AND RESOLUTION WITH THE ISSUANCE AND SALE OF AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS (RALSTON CREEK APPROVING PROCEEDING NOT TO EXCEED $2,000,000 INDUSTRIAL DEVELOPMENT APARTMENTS LTD. PROJECT) OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue Industrial Development Revenue Bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use as a commercial enterprise consisting of a multiple -unit residential apartment facility which the City finds is consistent with the urban renewal plan adopted by the City pursuant to Chapter 403, Code of Iowa, and to loan the proceeds from the sale of such Bonds, pursuant to a loan agreement, to Ralston Creek Apartments Ltd., an Iowa corporation (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined said Project is located within the area of and is consistent with and authorized by the City's Neighborhood Development Plan, and there is a public need in the City and its surrounding environs for implemen- tation of said Urban Renewal Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and provide employment opportunities for residents of the City and the surrounding area; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project) (the "Bonds"), of the City of Iowa City, Iowa, has been published as required by law; and 1 WHEREAS, a public hearing has been held at the time and place as specified in said notice of hearing and any and all i objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of. the City of Iowa City, Iowa, that said Bonds be issued as proposed; and i t NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: -4- 1797 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Section 1. That it is hereby determined that it is neces- sary and advisable that the City proceed with the issuance of its Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project) in an amount not to exceed $2,000,000, all as authorized and permitted by the Act, and to loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council, pursuant to published notice, all persons who appeared were given an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds, are hereby overruled. Section 3. That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required documentation has been prepared by Bond Counsel, and approved by all other parties, including the City Attorney of said City. Section 4. That said Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the financing of said Project and shall never constitute an indebtedness of the City of Iowa City, Iowa, within the meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charge against its general credit or taxing powers. Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 8th day of December, 1981. City �of Iowa City, Iowa % (Seal) ---___aohn R. Balmer, mayor� Attest: a4—,- iC.//�'( y,A Abble Stolfus, Cit Clerk -5- I?17 MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES Vi - CLERK'S CERTIFICATE and I, Abbie Stolfus, being first duly sworn do hereby depose CitycClerkyofhat theCity lam the of Iowa aduly ppointed, qualified, and acting State of Iowa; that as such I have in in the County of Johnson, access to, the complete corporate records pofssaidorand have of carefully compared the its Council and officers; City that I have transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action tpublicken yonthe DecembeCo8ncil of said City at a meeting blic open to the 1981 hearing and approving the issuance of not otolexceed ng a u$2,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project), of the City of Iowa City, Iowa; that said proceedings remain in full force and I effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicl with.members of the public in attendancese , a copy of which was agenda, in accordance with a y held, 1 notice meeting and tentative IJ timely served on each member of the Council bulletin board or other promiand posted on a nent place easily accessible to the public and clearly designated cipal office for that purpose at the prin- at agenda being attached the Council (a copy of the face sheet of said i hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A upon reasonable advance notice to the Iowa Code, and twenty-four hours prior to the commencementcofntheemeetadia4 least required by said law. as Witness my hand and the Corporate Seal of affixed this 8th day of December, Seal said City hereto (Seal) Abhie Stolfus Cityerk State of Iowa County of Johnson % SS,; Subscribed and sworn to before me this day, the date last above written. (Seal) Notary Public -G- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L",, / 79T V, - L" (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. December 8, 1981 7:30 P.M. Council Chambers Civic Center 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: 1. Public Hearing and Resolution Approving Proceeding With The Issuance and Sale of Not To Exceed $2,000,000 Aggregate Principal Amount of Industrial Development Revenue Bonds (Ralston Creek Apartments Ltd. Project), of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 15 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbie otolfus, Clerp of the City of Iowa City, Iowa -7- MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS•DES 1401NES Posted: 12/7/81 11:00 a.m. m1le Removed: 1717 i --. .1 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Henry Louis Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 8th day of December, 1981, at the Civic Center, in Iowa 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, (Henry Louis Inc. Project) of the Issuer, in an amount not to exceed $95,000 (the "Bond"), and to loan said amount to Henry Louis Inc. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renewal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. Following a public hearing on May 19, 1981, the City Council determined it to be necessary and advisable to proceed with the issuance and sale of the Bond in an aggregate principal amount not to exceed $80,000, but subsequently has been requested by the Company to increase the maximum amount of the Bond to $95,000. The Bond, if issued, will be a limited obligation and will not constitute a general obligation of the Issuer nor will it be payable in any manner by taxation, but the Bond will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bond 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 Bond, 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 Bond. By order of the City Council, this 18th day of November , 1981. n/ _91"J, l..), 474e,j Cit Clerk I /79d'IMP-212- -all MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES r Proceedings to Proceed With Issuance and:Sale IDR -3501 (Commit) Iowa City, Iowa December'8 , 1981 The City Council of Iowa City, Iowa, met in regular session on the 8th day of December 1981, at7 30 oIclock p m., Council Chambers , in the City pursuant to law and to the rules of said Council. The meeting was called to order and there -were presentJohn R. Balmer , Mayor, in the Chair, and the following named Council Members: Erdahl Lynch Neuhauser. Perret Roberts, Veyera Absent: Nan - The City Council investigated and found that notice of intention to issue industrial Development Revenue Bond (Henry Louis Inc. Project) in the aggregate principal amount not to exceed $95,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bond, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bond. The following local residents attending the hearing expressed their views as follows: -1- eELIN, HARRIS. HELMICK 6 HEARTNEY. LAWYERS. DES MOINES, IOWA /79 9 MICROFILMED BY .JORM MICRO_ LAB CEDAR RAPIDS -DES I401NES i Proceedings to Proceed With Issuance and:Sale IDR -3501 (Commit) Iowa City, Iowa December'8 , 1981 The City Council of Iowa City, Iowa, met in regular session on the 8th day of December 1981, at7 30 oIclock p m., Council Chambers , in the City pursuant to law and to the rules of said Council. The meeting was called to order and there -were presentJohn R. Balmer , Mayor, in the Chair, and the following named Council Members: Erdahl Lynch Neuhauser. Perret Roberts, Veyera Absent: Nan - The City Council investigated and found that notice of intention to issue industrial Development Revenue Bond (Henry Louis Inc. Project) in the aggregate principal amount not to exceed $95,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bond, the Mayor announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bond. The following local residents attending the hearing expressed their views as follows: -1- eELIN, HARRIS. HELMICK 6 HEARTNEY. LAWYERS. DES MOINES, IOWA /79 9 MICROFILMED BY .JORM MICRO_ LAB CEDAR RAPIDS -DES I401NES i V. After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bond, Council Member Perret introduced a Resolution entitled: "Resolution to Proceed With the Issuance and Sale of industrial Development Revenue Bond (Henry Louis Inc. Project) in the aggregate principal amount not to exceed $95,000" and moved its adoption, seconded by Council Member Roberts After due consideration of said Resolution by the Council, the Mayor, put the question on the motion and upon the roll being called, the following named Council Members voted: ' Ayes: Perret, Roberts,.Vevera, Ba Mer, Erdahl, Lynch, Neuhauser Nays: None Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. Upon motion and vote the meeting adjourned. ayor Atte City Clerk (Seal) CVC eELIN, HARRIS, HELMICK 6 HEARTNEY, LAWYERS, DES MOINES, IOWA MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES if99 i RESOLUTION 81-313 Resolution to Proceed with the Issuance and Sale of Industrial Development Revenue Bond (Henry Louis Inc. Project) in the aggregate principal amount not to exceed $95,000" WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated'municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1981, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer has been requested by Henry Louis, Inc. (the "Company") to issue its industrial development revenue bonds to finance certain improvements and equipment (the "Project") suitable for use by the Company in its commercial enterprise located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of •the cost of the Project through the issuance of Industrial Development Revenue Bond (Henry Louis Inc. Project) of the Issuer in the aggregate principal amount not to exceed $95,000 (the "Bond") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually agreeable terms, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any, on the Bond, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bond has, as directed by the City Council of the Issuer, been duly given in compliance with the Act; and . WHEREAS, a public hearing has been held on the proposal to issue the Bond at the time and place as specified in said notice and all objections or other comments relating to the issuance of the Bond have been heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -3- SELIN, HARRIS, HELMICK 6 HEARTNEY. LAWYERS, DES MOINES. IOWA 1797 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES .-I Section 1. It is hereby determined that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. Section 2. 'It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bond as authorized and permitted by the Act to finance all or a portion of the cost of the Project, and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, . issue and sell the Bond upon receiving reasonable advance notice and upon -reaching mutually acceptable terms with the Company regarding such Bond. Section 3. The Issuer will enter into all agreements prepared by Bond Counsel which are necessary to be entered into by the Issuer in connection with the issuance and sale of the Bond. Prior to execution of said agreements by the Issuer all other parties, including the City Attorney and the Issuer's Bond Counsel shall approve all agreements to be entered into in connection with the issuance of the Bond and such agreements shall be authorized and approved after due consideration by this Council prior to their execution by the Issuer. Section 4. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Project and the issuance and sale of the Bond. Section 5. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and approval. Passed and approved this 8th day of December 1981. Payor At City Clerk (Seal) -4- EELIN, HARRIS. HELMICK & HEARTNEY, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 1799 (Attach publisher's affidavit of publication of Notice of Intention to Issue Bond) 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—_ he Iowa Cit Press -Citizen a legal newspaper, printed w olly in the English anguage, published 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 SIj day of Boca,.._ her 1981. City Clerk (Seal). (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) i -7= OELIN, HARRIS. HELMICK 8 HEARTNEY, LAWYERS, DES MOINES. IOWA 1.771 MICROFILMED BY `JORM MICROLAB -CEDAR RAPIDS -DES MOINES 4- I 1 Printers fee S/ gV l CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County,ss: THE IOWA CITY PRESS -CITIZEN L Bronwyn S. Van Fossen, being duly sworn, say that I am the cashier of the IOWA CITY PRESS•CiTIZI-M a news- paper published in said county, and that a notice, a printed copy of which is hereto attt he_d,_was published in said paper —CSl// timelsl, on the fol- _ nl Cashier Subscribed and sworn to before me this _I— day of-��C�-ton . A. D. I9g/� N o%f:Jlb � IOWA CITY PRESS -CITIZEN MICROFILMED BY DORM MICROLAB CEDAR RAPIDS -DES MOINES 1799 RESOLUTION NO. 81-314 ...7 RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA CITY, IOWA, TO EXTEND THE BOUNDARY OF THE NEIGHBORHOOD REDEVELOPMENT PROJECT. WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa, to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread j of urban blight, and to encourage urban rehabilitation, and WHEREAS, the 403 Neighborhood Redevelopment Area, whose boundaries are shown on the attached map, has been found to be in need of conservation, rehabilitation and redevelopment to prevent decay and the spread of blight, and WHEREAS, it has become apparent that in order to effectively carry out the intent of Resolution No. 77-29 and to revitalize the older parts of Iowa City, it is necessary to extend the boundaries of the area to the north and east. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City that the City Council has considered the above findings and it is hereby found by the City Council that: I 1. One or more slums or blighted areas exist in the City of Iowa City, Iowa. 2. These areas are within the boundaries shown on the attached map. 3. The rehabilitation, conservation, redevelopment or a combination thereof of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Iowa City, Iowa. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts 8 Vevera Passed and approved this 8th day of December , 1981. IAYOR ATTEST: v ,� CITY CLERK ® iela [.jef LIC, Iz 3/a, /911 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L., RESOLUTION NO. 81-315 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A QUITCLAIM DEED WHEREBY THE CITY CONVEYS A PARCEL OF LAND IN FURTHERANCE OF GILBERT STREET REALIGNMENT IN IOWA CITY, IOWA, IN EXCHANGE FOR A QUITCLAIM DEED FROM JOHN AND ELLEN ROCCA. WHEREAS, it was in the public interest to construct certain improvements on Gilbert Street in Iowa City, Iowa; and WHEREAS, it was necessary to acquire certain property in order to realign Gilbert Street, and it is now necessary to clarify certain legal descriptions to reflect Gilbert Street, as realigned. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest a quitclaim deed, attached hereto as Exhibit A and incorporated by reference herein, to John H. Rocca and Ellen J. Rocca. It was moved by Vevera and seconded by Lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I X Balmer X Erdahl x Lynch x Neuhauser i x PerreRobert x Roberts x Vevera , Passed and approved this 8th day of December 1981. AYOR ATTEST: C TY CLERK Received S Apttovcc By The Legal Dcparlmenf MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES 181 4' IOWA STATE LAR ASSOCIATION oascial Fnrm No. 4 FOR THE LEGAL EFFECT OF THE OF THIS FORM, CONSULT YOUR LA ::`,•I;�d QUIT CLAIM DEED Ran0f1) gill filen by Vje5e Vregenkg: That city of Iowa City, Iowa a municipal cor- poration having its principal place of business at Iowa City in Johnson Count Iowa, a corporation organized and existing under the laws of the Stafe of Iowa One Dollar in consideration of the sum of ($1.00) and other valuable consideration in hand paid do hereby Quit Claim unto John H. Rocca and Ellen J. Rocca husband and wife as joint tenants with right of survivorship and not a5 tenant s in Common. Grantees' Address: RFD 4, Iowa City, Iowa 52240 all our right, fill&, interest, estate, claim and demand in fFe following described real estate situated in Johnson County, Iowa, to•wit: All that part of Lot 3, Block 22, County ` Seat Addition, Iowa City, Iowa, lying westerly of a line 35.00 feet westerly of the existing center line of South Gilbert Street, as constructed. No state documentary stamps required, deed to correct title. Sec. 428A.2(10), 1981 Code of Iowa. Also governmental subdivision, Sec. 428A.2(6) 1981 Code of Iowa. Each of the undersigned hereby relinquishes all righ+s of dower, homestead and distributive share in and to the above described premises. Words and phrases herein. including acknowledgment hereof, shell be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated December 8 ATTEST 19 81 CITY OF IOIPA CITY, IOIYA Mayor r. (Grantor's Address) FOR THE LEGAL EFFECT OF THE UK OF THIS FORM, CONSULT YOUR LAWTR STATE OF IOWA, JOHNSON COUNTY, ss: On this 8th day of December , A.D. 1981 before me, the undersigned, a Notary Public ? jr, and far the El of love, personally appcarad John Balmer j Abbi.e Stolfus and to me personally known, who, being by me duly sworn, did say that they are the mayor and city clerk respectively, of said corporation executing the within and foregoing instrument to which this is attached, that ( Yl�XNXYxixXs�Xgx,xXSrJ corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) C}}'tyy Council said corporation by authority of its Bdh� b`[.) Wda=; and that the said John Balmer and Abbie Stolfus as such officers acknowledged the execution of Said instrument to be the voluntary act and deed of said corporation, by it and by the�ntarily executed. �•nF. ci�ily� B� `r"I1 V Notary Public in and for said County and State. IOWA STATE BAR ASSOCIATION OFRclel Form No. 12 n...........,..,r, rw. w ,..... seen Vi?^ (1 rww,... Fee.re ,......>.. s... This Nx.1 c n<mM gluni 1.53H IS�a� MICROFILMED BY 'JORM MICROLAB CEDAR RAPID5e DES 140INES RESOLUTION 81-316 A Resolution Authorizing the Execution of Offer to Buy Real Estate and Ac- ceptance by and between the Iowa City Roman Catholic Vicariate Board of Education and the City of Iowa City, Iowa WHEREAS, the City of Iowa City, Iowa, is a municipal corporation and is desirous of. purchasing 50.8 acres, more or less, located along the northern and northwestern portion of property owned by the Iowa City Roman Catholic Vicariate Board of Education with the exact legal description to be taken from a survey of said property; and WHEREAS, the Offer to Buy said real estate has been accepted by the Iowa City Roman Catholic Vicariate Board of Education; and WHEREAS, said Offer to Buy said real estate and Acceptance requires execution on behalf of the City of Iowa City, Iowa, by the Mayor and City Clerk; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the Mayor and City Clerk are hereby authorized and empowered to execute said Offer to Buy Real Estate and Acceptance on behalf of the City of Iowa City, Iowa. Passed and approved December 8, 1981. ATTEST: L", TY CLEF MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES I40INES ilI 1913 4' Resolution No. 81-316 it was moved by Neuhauser and seconded by Erdahl that the Resolution as rea e a op e , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET X ROBERTS X VEVERA 8th December , 19 81. Passed and approved this day of MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I 1813 IOWA STATE RAR ASSOCIATION ^ FOR THE LEGAL EFFECT OF THE USE Oficial Form No.261/2nr....r.... nenet.na, ey ...e, roan OF THIS FORM. CONSULT YOUR LAWYER OFFER TO BUY REAL ESTATE AND ACCEPTANCE s: s (Short Form) Iowa City, ,Iowa, PTovelnber 25 1981 . To Iowa City Ragan Catholic Vicariate Board of Education pm." names of Seller and Spouse) (herein designated as Sellers): THE UNDERSIGNED (herein designated as Buyers) hereby offer to buy the real estate situated in Johnson County, Iowa, described as follows: 50.8 acres, more or less, located along the northern and northwestern portion of the Seller's property, the exact legal description to be taken fron a survey which is to be furnished by Buyer, City of Iowa City, Iowa, at its expense, and to be approved by the Seller. together with any easements and servient estates appurtenant therelo, but with reservations and exceptions only as follows: (Strike out inapplicable parts, if any, of (e), (b) or (c) below.) In) Title shell be taken subject to applicable zoning reddcflons, except es in I, below; b And subject to any reasonable, customary and appropriate restrictive covenants as may be shown of record, except as in I. below; NA Ig) And subject to easements of record for public utilities, public roads and public highways; (d) And subject to (Liam]) (Mineral rnavation of ..cord?) ICorenart, of record running rAh the land)) (E.,amant# not recorded?) IDrlv.,ny or other ..,.mart of re*b7) (Interest# of other partial?) G."ee,7) (Be. paragraph No. 19) for the total sum off 10.000 nor acray( with exact acreage to be determined by the above I, SPECIAL USE. That If,, is void unless Buyers are permitted, under any ovisting toning and building .,friction,• immediately to male the follow;req conforming u. of said real estate NA 7, TAXES. Sellers shall pay ATA, as Seller is tax exenpt. end any unpaid taxa, thereon payable in prior y,1m Buyer, shell per any love, not assumed by Sellers end ell .bsequenf tare, before tame become cf inauent. Whoever may be responsible for the payment of said taxes, end the special .,*...,orbs H any, each weer, ,hall furnith to the other partiet evidence of payment of such 'tem, nal let., than July 15 of each year. Any proration e5 *can shall be bash .pan the turret for the year cumally payable unln, the parties dal. a/herwhe. (Decide for yewsell, ;1 that formula is lair if Buyers are purchasing a lot with newly built improvemenh.) 3. SPECIAL ASSESSMENTS. (a) Sellers shell pay all special assessment, which are a lien on the date of acceptance of this offer." (b) If (a) hereof is stricken, then Sellers shell per all imtallmanh of species ......meal which, if not paid, would become dalinauenl the year this offer is, accaprad. and ell prior installments thereof. All ether spacial mdsmenls toll be paid by Buyers. 4. INSURANCE. Sellar, shall maintain B NA of Bra, w;nddorm end .[ended #avenge insurance until posarion i, given end shall lodhw;lh secure endonam.ntl on the policies in .ch amount making tow payable to the parkin es their interests may appear. Risk o[ lou from such hazard, i, on Buyers only when end a, ,eon ., (I) this offs i, signed by both Salle. and lure,, and 131 upon performance of this paragraph by Seller red (3) after a copy hmof it delivered to Buyers. (Sea il* paragraphs 10 and 70.) Buyers, ;f they desire, may obla;n additional in,un.. 1. corer such risk. $. POSSESSION. II Buyers timely pd.. .11 obligaflP., era or before the 15th day of December 19�. Possession ,hall on ,aid dale be delivered to Buten, r th adl.,tments of nal, in,... ace .red intrr.+r .. of data of bamla of possession. 1f Ruyan are taking .hied to right of Lassos,, .indicate by ••Yd' in the ,Paco following: ; in which event, Sellers shell forthwith produce any wd"on losm at losses en card pnmisa for nam;nNion, and assignment. 6. FIXTURES. (a) All personal properly that integr.lty bele.p, to or i, ped of raid reel .deb, whether ."ached or detached, such n light Bd.m (including fluorescent lube, but nor maid. bulbs), shades, reds, blind,, vteak;.n blind,, .rnings, alarm .;.do-.. term open. dorm ,he,, .seem, see, attachedlinoleum plumbing felure,, war.,n haste, tads, *[tapers, utnm.t;c hitting .00; d . mnenl, air conditioning .a.ipmenl -the, than window type, door chime , built-in It... and sleddcal service cable, fencing, gat., end ether attached 11.1.r.,. tree,, bmhe,, shrub, and planb, ,halt be considereda part of real alb and included in this cab oscapl NA 1Renled items?) (b) Will to wall carpeting Infrared to Boor er wall, #hall be a pad of and included in Ih;s W.: Ic) Outside television loran and letters shall be a pad o[ and included in this #.te, * 7. ADDITIONAL PROVISIONS. This offer h made subject to the add;tiopal terms and yrovhion, of Paragraphs 10 to 77, ;n Printed printed on Ike reverte ode hereof, without requirement of addilionel sipnebre,, but Paragraph 23 or any addilionel provision,, or any changes of ,aid Paragraphs 10 to 27, inclusive, other then the imerl;on of the amount of Insurance in Paragraph 20, shell require the addilionel signatures of the parte, on the reverie ;do hereof. 8. PURCHASE PRICE. It b agn.d that d time of *ttlomanl, funds of the purchase price may be used to pay Ina, olher lira and to acauhe out- standing Interests, if any, of other part;,,. 9. If this offer Is net accepted by Bottom on or before , Nom—, it ,hall become null and void and all pay m.nh Aall be repaid to the Buyers. Dwyer Buyer's WNe or Hatband Address TM bnfo45 offer Is acc.pl.d INH_ Any of- — 91_.— Soller'E Wife or Husband G Rpned m -,g MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS - DES 1401NES F I ADDITIONAL PROVISIONS �u— The loreqoing offer le subject to the lollowinq (.an., condition, end produom; 10. STATUS QUO MAINTAINED. Said real estate (end any p.m ... I property contracted for) as of date of this offer. and ' ;h pinions condition will be preserved and delivered W.cl at the time possession L given. Except, how mer, ;n case of lots or destruction of pan or all of said premises from causes covered by IS. insunnee thereon, Bush,, agree to accept such Ins... A" recovery (proceeds to be .,plied a, the intareah of the Inflict appear) in lieu of that pard of the damaged a, destroyed improvement,d Sullen shall not be required to repair, or replace same. Buyers m shall theupon complete the can. freer and accept the property. (See paragraphs f and n20.) II. ABSTRACT AND TITLE. Sellers shell promptly cantinue and par for the Abstract of title to and ;ndudinq dale of acceof.A,, of an;, offer, and de. lira to Buyers for emm;nelion ft, abs,ract shell became Inc ..does, of Ire Buret, when Ina ourcnsse price h paid in full, and shall ,how merchantable fide in conformity with n;,agreemem, the land Idle Is. of she State of Iowa and Iowa Title Standards of the to., Stela Be, Auocia Gan. Seller shell pay Ca, of Audilional 41; at, and/o, title week due to act or oms,fan of Sellers, including transfer, of death of $filen ar nasions. 12. DEED. Upon payment of purchase price. Seller shall eomey title by rananty dad, with farms end provision, es par farm approved by the Iowa Slate Bar Association, free and clear of Jr.., and incumbrance,, rc,ervalia... eacaplfoA. or modifications except e, in this nstrumanr .,horrid .,press,, provided. All warranties shall extend to time of eccaptence of this offer, with special warranties a, to act, of Seller up to time of delivery of deed. 13. FOR THE 51111111 JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN REAL ESTATE. If, and only if, the Sullen, immediately pis• ceding this offer, hold the lilt. to the above described property ;n joint tenancy, and such joint tenancy 'I not later destroyed by operation of low at by sets of the $ellen In then the proceeds of In;, sale, and any continuing and/or recaptured rights of Seller in ,aid fear .date shall be and continue in Seller as joint tenser, with rights of survivorship and not as ananh in common; and (2) Buy.,,, in the event of the death of .;Ill., Seller agree to pay any balance of the proceed, of this tele to the survly;ng Seller and to accept dead from such sure;vinq $0., consistent with paragraph Il, .bars; unless and except this paragraph 11 is thicken Isom this agreement. IN/a. "SELLERS." Spoum, if not 'e titleholder immedWO, prcwm cedinq this agreement, the)) be preed ave to hasecured this inshument aAir for the Purpose of relinquishing all riohh of dower, homestead end dhhibulbe share and/or in compliance with section 561.11 I.C.A.; and the use of the word "Sell - Are" in the printed portion al this contract. without mare, shall not .but such pr.Wmplian, nor in any way enbrga or extend the Flown., ;.forest of such ,Paul. in said property of ;n the sale proceeds thereof, nor bind such spouse except as aforesaid, to IAA loam and provision, of this contract. I/. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. IS. REMEDIES OF THE PARTIES — FORFEITURE — FORECLOSURE — REAL ESTATE COMMISSIONS: (A) It Buyen fail to fulfill Mix agreement. the Sellers may (.,in;, me some e, provided in me Cade of Iowa, and all p„mens, made hrreunder shall be Iod.Aed. To the enenr ;n amount of env real nil Are commission o.:nq Is, Selleq on account al the mnsecfon all payments made hereunder shall be pa;d by the Seller to the person entitled, ;n 1vll discharge a! Sells-%' obl;ga Lon for such comm4h n, (b) If Seller (a;1 1. fulfill Ihn agreement, they shall nevertheless pay me regular reel estate cammiss;on, ;I any be due, to the person Ambled, but the Buyers shall have the right to have ell their payments made hmeunder ramn,a 1. them. (c) In addit;on ro the foregoing remedies, Buyers and Sellers each shall be entitled to any and all other remedies, ar action at law ar 'n .quity, including foreclosure, and the party .1 fault shall pay costs and attorney fee,, end a receiver may be appointed. If is agreed shat the periods of redemp- fron alter sale on foreclosure may be reduced under the conditions ,et forth in Sections 629.25 and 529.77, Cade of Iowa. 16. EQUITY. If Buyers assume or take subject to A lien on fhb property. or are purchasing an interest of an equity holder, the Sellers, or the;r Braker, or Realtor, shall lurnhh Buyers with A statement, or statements, in writing from the holder of such [;an or intend, showing the correct end agreed balance or balance,. 11. If this ;ndsumenl h to be followed b7 or to be replaced by an ;nxt.11m.fl real a,let. contract, tame shell be as par feta, and provision, of the Official Farm of the Iowa State Bar Association no. in effect, but conformable to Ibis instrument. IB. ALLOCATION OF VALUE OF ASSETS. Buyers and Sellers shall cooperate to make a reasonable all ... line of are.. far the assets herein purchased; but failure to reach as agreement shell not in any manner delay or invalidate this conhad or ;Is performance. 19. APPROVAL OF COURT. If this property 1s en .suet of any estate, tryst or guardianship, this contract shell be subject to Court approval, unless de. Blared uneacessary by the Buyer; attorney. If necessary. the appropriate Fiduciary shell proceed promptly and diligently to bring the mail., on for hearing for Court approval. (In that event the Court Officer's Deed shell be used.) 20. INSURANCE POLICIES. If Buyers purchase on Installment contract, they shall, al the;r own expense, alter possession, keep in effect fire, windstorm and formed. insoranca, with extended c .... age, for the benefit of the parties hereto, ;n an amass of not len Then the unpaid balance of the porch... price, or f whichever Me, be lass. The Policies shall be delivered to the Seller. (See also paragraphs 4 and 10.) 21. CONTRACT FINDING ON SUCCESSORS IN INTEREST. This contract dell apply to and bind the suecauon in interest of the rA,,.ctivA parNas. 22. PERSONAL PROPERTY. If this Conlmcl includes personalty, then Buyer grants Seller a security interest in such personally. In the cam of Buyer', default, Sadler may, at his option, proceed ;n respect to such personally ;n accordance with the Uniform Comirerc;el Cade of Iowa and treat sxh o,"onelty ;n the wme manner es real estate, all es permilfed by Section 554.9501(4), Code of Iowa. 21. Words and phrases herein, ;ncludinq any acknowledgment hereat, shall be comrrued a, ;n the singular or plural number, and es me sou rine, feminine or fouler gender, according to the contest. 2/. OTHER PROVISIONS. (personal Prooert,n (Termite Inspection]) iR Ta1eRR: 4 L YS� 1210 eHIIr4DIlke 111 parograph 24 it used, andliar It anyehany s an made In printed paragraphs 10 to 20. Inclusive. other Man Me Inserllon of Me amount of into” once in paragraph 20, sign below, as required in paragraph 7 above.) Iowa City RR�anan Catholic Vicariate Board of Education City of Ina ity, Iowa By /��',y�i��/ a ' ! / P/ a/�ricia W. Gilroy, Presid t SELLERS John P. Balzer, Mayor BUYERS By ^I' mA=T Sarah A. Parks, Secretary Sellers' Address Abbie Stolfus, City Clerk Buyers' Address STATE OF IOWA, — .Inhngnn I COUNTY.,',,: On this Ath day of (lacamb�, A. D. 1918 L, before me, the pm,anavy Aoo..,nd John R. Balmer. Mayor and Abbi a Stol f( Nalnry Pnblic in Anis (sir xA',d Cannly And $tele, In me known to be the ;denl;cel cement named 'n and who emcuted the within and foregoing instrument "Offer Io Buv Real Estate and Acceptance" ;n its entirety and acknowledged that they ...cattail the tame at their voluntary act and detd. ,I—) -Soo Code 118/.6SIS) A- lr'.-R/ s• ev�s—v( , ... _.......... ........_.._.._....._..............__.._.__._........._......_........................., ......_........._.._........., Nafary Public in end ler said State of Iowa. ROINonal Provisions. (a)i Buyers understand that there h a mortgage or record with present balance of spproOmaraly , payable to which mortgage s to be Nmely paid by Sullen. Ib) 11 Buyen, before paying _% on the principal or total price al this tele, than sell of pis their interest in this ,nstrument. er in the reel estate therein dascrioed, nhout the wriran consent of Sellers, which consent shall not be unreasonably heId. the hole amount due h. ai., of the of;on of 5e11.y. shall immediately become due and payable. (Caveal: If such an accelerating clause Is used, ddas whether you have elected to omceed by foredasure tether than by forfeiture,) (c) Buyers will purchase Sellers flitting Insolence sun• ed in numbered paragraph e, above, and p•y pro role for Iha unexpired portion of said policies,as of and offer dale of possession. MICROFILMED By JORM MICROLAB CEDAR RAPIDS - DES MOINES I n.. ::,e. .near .Ln.. .ser :N. ass.a CNaM la arra. EXHIBIT A The additional provisions contained in this Exhibit A are hereby incorporated into and made part of the Offer to Buy Real Estate and Acceptance, Paragraph 24. The additional provisions are as follows: 1. It is agreed by Buyer, City of Iowa City, that the access ease- ment to the dam site which is to be constructed on or near the Seller's property shall be located as near to Seventh Avenue as is practicable and consistent with Buyer, City of Iowa City's, requirements for access to said dam site. It is further agreed that the placement of the ease- ment shall, at the option of Seller, be renegotiated as to location in the event of future development of the Seller's remaining land. 2. Buyer, City of Iowa City, agrees that it shall extend Seventh Avenue pavement to the Seller's property line as development occurs in the adjacent area. 3. It is agreed that in the event of future development of Seller's remaining property, storm water detention requirements shall not be im- posed by the Buyer, City of Iowa City. 4. The above -stated conditions shall be incorporated into a final agreement between the parties. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES 1813 ., 1 '- City of Iowa C"I MEMORANDUM = Date: November 23, 1981 To: Neal Berlin and the City Council From: Chuck Schmadeke G/ Re: Waste- Water Treatment Facility j The City of Iowa City has been proceeding with the design of the improvements recommended in the 1979 sanitary sewerage system facility plan. These improvements include the new waste water treatment plant, the southeast interceptor sewer, the University Heights sewer, outfall relief system sewer improvements, and sewer system rehabilitation work. All of these projects are scheduled for completion by January 1, 1986. It now appears that federal monies may be delayed, resulting in what could be a major negative impact on our sanitary sewerage system. Public Works, therefore, recommends entering into an agreement with j Veenstra & Kimm to study the waste water treatment alternatives and to provide recommendations to the City to insure that the current level of service can be maintained. A copy of the agreement is attached. tpl/2 I i 1 MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 4 RESOLUTION NO. RESOLIIPION AUIiUOmmc; EIUxf cN OF AN AGREEMENT WITH VEENSTRA AND KIMM WHEU0A9, the City of Iowa City, Iowa, has negotia an agreement with Veenstra and Kinin a oapy of d a��reeme��nt being at c to s Resolution s refer a parte A and, the City Council deems it in the lic interest to enter into said a treatment altern tives and to provide recommen tions to insure the continuation of th City's current level of tervice in the event Federal money to construct th new treatment Dlan is delaved. NOW, THEREFORE, BE IT L BY TETE CITY COUNCIL: 1. That the Mayor and Ci Clerk are hereby authorized and directed to execute the agreement wi Veenstra and Kim i 2. That the City Cler shall ish copies of said agreement to any citizen requesting It was moved by and nded by the Resolution be adopted, upon ro call sere: i AYES: NAYS: ABSENT• X BALMER _ x ERDAHL _X LYNCH _X NEUHAUSER X_ PERRET X ROBERTS X VEVERA Passed and approved this day of , 19 Mayor City Clerk :Dyad Received 6y The t�eJol Department MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES e AGREEMENT This Agreement, made and entered into this day of 1981, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Veenstra & Kimm, Inc., Engineers and Planners of West Des Moines, Iowa, hereinafter referred to as the Consultant. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following termyand conditions and stipulations, to wit: Consultant shall not commit any of the followingployment practices and s to prohibit the following practices in any sub ontracts: A. To discharge from employment or refuse to hire any individual because of race, sex, color, religion, national o - gin, sexual orientation, \emplo status, age or disability unless Fsuch disability is related to formance of such person or emplo;e. d riminate against any individualinterms, conditions or ges of employment because of ace, sex, color, religion, l origin, sexual orientation, marital status, age or disability such disability is related o job performance of such person or e. I. SCOPE OF This Agreemen provides for engi eying studies and a written report on wastewater treatmen alternatives fo the City. Alternative plans may be necessary in the evenX federal fundi g for a new wastewater treatment plant is delayed or that the pl t may not b in operation for up to 10 years. Studies by the Cons tant wi include, but not necessarily be limited to, the following: A. General 1. Provide a current tus report of federal funding probabilities priorities as they re at to the City of Iowa City, and an anticipated sched e r construction of new wastewater treatment facilities and in ercep or sewers. 2. Reaffirm presentj hydrauli and oac loadings and those anticipated 10 ears in th futurergni , along with effluent requirements fqq discharge\thefeffluent he Iowa River. 3. Review all operating recordthe present facilities, along with a summary of violations of standards. B. Existing Plant d System I. Provide a co plete inventory and valuation of equipment and structures a d estimate the expect d remaining life of all units in ithe plant. I 2. Analyze the hydraulic capacity throu all treatment units and connecting iping. Determine present ydraulic capacity of each unit and pi ing system and point out w re flow restrictions occur. Based on by raulic analyses, establish he hydraulic capacity of the existinj treatment plant. 3. Determine ganic loadings on applicable units and compare apparent performance with that normally expectedfrom similar units. 4. Determine condition and capacity of all sewage and sludge pumps. -1- IM MICROFILMED By JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES _ 5. Analyze solids handling capabilities of the plant including the capacity of the existing sludge lagoons. 6. Establish the adequacy of the existing electrical, heating and ventilating systems in the plant. 7. Evaluate the capabilities of the various plant units regarding operation during cold weather and for odor -free operation. 8. Based on present and future maximum hydraulic and organic loadings on the plant, predict summer and winter plant performance under such loadings and determine the effect of such plant performance on t uality of the Iowa River. 9. Det mine the effect of plant overload on the life of the various plant nits and upon operating costs. 10. Evaluate sewer system considerations involved in/cntinued use of existing 1ant. I C. Alternatives Investigate th feasibility of various alte of a new plant from t standpoints of construct' repair and maintenance osts, stream pollution, e and other factors. Alt natives to be conside ed include the following: 1. Do nothing; allow the lant to dete failure. 2. Rehabilitate and repair tk capacity with no provision 3. Provide upstream flow equali the existing facility. 4. Provide tertiary treatment L including constant flow acti polishing pond. hatives to construction n costs, operation, fect on the environment in the studies may to to partial or total existilfg plant to restore its present or ar wth. storage to equalize loadings on is or near the existing plant site ted udge, mixed media filters or a 5. Build a tertiary plant or her facili downstream as previously considered in the facilit planning stu V. 6. Consider the possibili certain drainage areas existing plant. 7. Investigate the impac s of strict limitations Nreduce loads on the f cility. is of limiting residential, utional growth where such c age system. of providing a pd kage plant or plants for the City to reduN loadings on the 8. Investigate the industrial and i loadings on the 9. Consider eliminati D. Financing 1. Calculate annual a. Debt service. of water plant solids. water usage to will increase is for various alternatives including the costs of: b. Operation, re gnizing increasing labor costs at the existing plant due to increasing obsolescence of equipment. c. Maintenance an repair of equipment recognizing continuing depreciation a d wear and tear on existing obsolete equipment. d. Increasing environmental problems including odor and pollution of the Iowa River. -2- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES M r1 2. Investigate the impact of various alternatives on interim sewer 1 user charges. E. Written Report Summarize the findings of A. through D. in a written report. The report will be complete with such tabulations, comparisons and exhibits as required for a clear presentation of our studies, findings and recommendations. The Consultant will provide draft copies of the report for City staff review and meet with the staff to discuss the findings of the studies. The Consultant will make such changes in the report as are agreed upon with staff prior to presentation to the City Council. The Consultant will present and discuss the report with the City Council as directed by the staff. Fifty (50) copies of the final report will be providQ. There shall be no charge for printing of the report. Nothing id`,this Agreement pertains to the design phase of any proposed project. Design ervices for any project may be negotiated as n amendment to this Agreement. II. TIME OF COMPLETIO ° The Consultant will complete a draft copy of a wri en report and submit it to the City staff with n one hundred eighty (180) days of the date of this Agreement. The final repo t will be completed as Soo as possible thereafter. III. GENERAL TERMS A. Should the Consultant o the City termin a the contract, said Consultant shall be pai on the basis o standard hourly fees as herein attached for the v rious Glasse of personnel actively engaged on the project for all wor completed and for all work and services performed up to the time of erminat on; however, such sums shall not exceed 80% of the "not to ex ed" a ount listed in Section IV, if terminated by the Consultant. Eit er party may terminate this Agreement upon thirty (30) days tice. B. This Agreement shall be bindinf on the successors and the assigns of the parties hereto; provide , ho ver, that no assignment shall be made without the written cons t of 1 parties to said Agreement. C. It is understood and agreed hat the em oyment of the Consultant by the City for the purposes o said projec shall be exclusive, but the Consultant shall have the fight to employ uch assistants as may be required for the performs a of the project. Said Consultant shall be responsible for the compefisation, insurance d all clerical detail involved in its employme�l{{t. D. It is agreed by the Ci that all records and fi\aailable pertaining to information needed for said Project will be made by said City upon request of a Consultant. The City os to furnish all reasonable assistanceIin the use of these records soil files. E. It is further agreed/that no party to this Agreement '11 perform contrary to any Sta e, Federal or County law or any of he Ordinances of the City of Iowa;City, Iowa. F. The Consultant sha 1 attend such meetings of the City Cou cil relative to the work set fo th in this Agreement as may be requeste by the City. Any requi r nents made by the City shall be given wi h reasonable notice to the Consultant so that he/she may att nd. The number of such me tings shall not be greater than three (3) for purposes of defin ng the "not to exceed" amount in Section IV. G. The Consultant ag fees to furnish, upon termination of this Agreement and upon demand ?I the City, copies of all basic notes and sketches, charts, computati s, and any other data prepared or obtained by the Consultant pursuan to this Agreement, without cost and without restriction or limitation as to their use. -3- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i" d I H. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. I. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment in the amount sufficient to properly complete the project in accordance with this Agreement. J.%ad d any section of this Agreement be found to be invalid, it is that all other sections shall remain ion full farce and effect ough severable from the part invalid. / K. Standa Hourly Fee Expense, for the purpose of phis Agreement, shall be defin d as hourly wage plus retirement and f, Inge benefits, overhead d profit. Said Consultant shall,ion demand, furnish receipts th refor or certified copies thereof' L. Records of th Consultant's Standard Hour,) Fee Expense pertaining to the Project, a records of accounts be Veen the City and Consultant, shall be kept o a generally recognizeVaccounting basis and shall be available to the ity or his authorizA representative at mutually convenient times. IV. COMPENSATION FOR SERVICE The City agrees to pay fo service in this Agreement on the basis of the following fees: The Consultant shall be paid total fee shall not exceed T GENERAL based on Standard Hourly Fees. The our Thousand Dollars ($24,000). The Standard Hourly Fees o all persbQnel classifications associated with this Project shall be attached s Exhibit These fees will be bill , due and payab monthly. With each billing, the Consultant shall list t individual, the h urs worked, and hourly rate, by phase as shown on Exhibi/ B. All provisions of th' Agreement, when not spe ifically defined, shall be reconciled in accordance .th the highest ideals of a Engineering Profession. The undersigned d hereby state that this Agreem\intrum.ent. ted in triplicate, as though ach were an original and that oral agreements that have/t been reduced to writing in t It is further s ated that there are no other conor monies contingent upon or sulting from the execution of thnor have any of the above been a plied by any party to this Agreem FOR THE CITY: CITY OF IOWA CITY) IOWA By I Mayor ATTEST: By FOR THE CONSULTANT: VEENSTRA & KIMM, ATTEST: -4- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES NOINES H a� F H S EXHIBIT A STANDARD HOURLY FEES July 1, 1981 - ENGINEERS Grade Hourly_ Fee Ram P-6 $20.00-23.00 P-7 21.00-24.00 P-8 22.00-25.00 P 9 23.00-26.00 P- 0 24.00-27.00 P- 25.00-28.00 P-1 26.00-29.Op P-13 29.00-32.00 P-14 31.00-341.00 P-15 33.00-36.00 P-16 35.00;`38.00 P-17 37.00=40.00 P-18 40.00-43.00 P-19 43:00-46.00 P-20 46� 00-50.00 21 50.00-56.00 P-22 56.00-60.00 P-23 ;60.00-70.00 Principals 95.00 j TECHNICIANS NON-PROFESSIONAL Grade Hourly Fee Rang Grade - Hourly Fee T -E $14.00-16.00 P-7 $14.00 T -F 15.00-17.00 ?JP -8 15.00 T -G 17.00-19.00 NP -9 16.00 T -H 18.00-20.00 NP -10 18.00 T -I 19.00-21.00 NP -11 19.00 T -J 20.00-22.00 P-12 20.00 T -K 21.00-23.00 I -13 22.00 T -L 22.00-24.00 N 14 23.00 T -M 24.00-26.00 NP- 5 24.00 T -N 26.00-28.00 NP - 25.00 T-0 28.00-31.00NP-1 27.00 T -P 31.00-34.00 NP -18 28.00 T -Q 33.00-36.00 NP -19 30.00 T -R 35.00-38.00 NP -20 32.00 T -S 37.00-40.00 NP -21 34.00 T -T 39.00-42.00 T -U 41.00-44.00 The above fees are subject fees do to Chan a January 1 and July 1 f each year. These not I apply to litigation h rings or special consul ation. YEENSTRA 8 KIM, I 1 i ! ! I Engineers & Planner r I . �gitF MICROFILMED OY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES I RESOLUTION NO. 81-317 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1982, THROUGH JUNE 30, 1984. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1982 through June 30, 1984, a copy of which Agreement is attached to this Resolution as "Exhibit A" and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will f promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: i 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. i 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Erdahl and seconded by Perret the Resolution be adopted, and upon roll call there were: iAYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts ABSTAIN Vevera i Passed and approved this 8th day of December, 1981. IAYOR — ATTEST: 1�k cz ,v rs CITY CLERK Received $ Approved R The Legal Department _4_j? Z MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES V - w CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 1982 TO JUNE 30, 1984 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES Q ...7 4- ■ I TABLE OF CONTENTS ARTICLE PAGE Preamble Article I -- , , . , Recognition . . 1 Article II -- . . . . . . . Management Rights . . . . . 2 Article III . . , . - No Strike - No Lockout . . 2 . . . 3 Article IV -- Dues Check Off . . . Article V -- . . . . Hours of Work . . . 3 Article VI -- . . . . . . . Overtime . 3 Article VII -- . . . . . . . . . . Special Leave . . . . 4 . . . . . 4 Article VIII . . . . -- Holidays . . . . . Article IX -- . . . . . . . Sick Leave . . . . . 7 7 Article X -- . . . . . . . . . . . Vacations . 8 Article XI -- . . , , Union Activities . . . . Aritcle XII -- . . . . Uniforms and Equipment 10 10 Article XIII -- Insurance Article XIV -- . . . . Duty Outside the City .11 11 Article XV --Training Programs . . . . Article XVI -- . . . Bulletin Boards . . 12 Article XVII . . . . -- Personnel Transactions 12 . . . . 12 Article XVIII -- Discipline Article XIX -- . . . Transfer Procedures 13 Article XX -- . . . . Supplemental Employment 13 13 Article XXI -- Safety Article XXII -- . . . . Grievance Procedure . . 14 14 Article XXIII -- General Conditions16 . . . Article XXIV -- . . Waiver . . . . Article XXV -- . . . . . . . Savings Clause 17 Article XXVI -- . . . .17 Duration Article XVVII . . . . . . . -- Wages 18 Article XXVIII , , . , . -- Other Compensation . . . . 18 . . . , . . , , , , , 18 MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES I TABLE OF CONTENTS ARTICLE PAGE Preamble . . . . . . . . . . . . . . . . . . 1 Article I -- Recognition . . . . . . . . . . . . . . 2 Article II -- Management Rights . . . . . . . . . . . . . 2 Article III - No Strike - No Lockout . . . . . . . . . . . 3 Article IV -- Dues Check Off . . . . . . . . . . . . . . . 3 Article V -- Hours of Work . . . . . . . . . . . . . . . . 3 Article VI -- Overtime . . . . . . . . . . . . . . . . . . 4 Article VII -- Special Leave . . . . . . . . . . . . . . . 5 Article VIII -- Holidays . . . . . . . . . . . . . . . . . 7 Article IX -- Sick Leave . . . . . . . . . . . . . . . . . 8 Article X -- Vacations . . . . . . . . . . . . . . . 9 Article XI -- Union Activities . . . . . . . . . . . . . 10 Aritcle XII -- Uniforms and Equipment . . . . . . . . . . 10 Article XIII -- Insurance . . . . . . . . . . . 11 Article XIV -- Duty Outside the City . . . . . . . . . . . 11 Article XV -- Training Programs . . . . . . . . . . . . . 12 Article XVI -- Bulletin Boards . . . . . . . . . . . 12 Article XVII -- Personnel Transactions . . . . . . . . . . 12 Article XVIII -- Discipline . . . . . . . . . . . . . . . 13 Article XIX -- Transfer Procedures . . . . . . . . . . . . 13 Article XX -- Supplemental Employment . . . . . . . . . . 13 Article XXI -- Safety . . . . . . . . . . . . . . . . . . 14 Article XXII -- Grievance Procedure . . . . . . . . . . . 14 Article XXIII -- General Conditions . . . . . . . . . . . 16 Article XXIV -- Waiver . . . . . . . . . . . . . . . . 17 Article XXV -- Savings Clause . . . . . . . . . . . . . . 17 Article XXVI -- Duration . . . . . . . . . . . . . . . . . 18 Article XXVII -- Wages . . . . . . . . . . . . . . 18 Article XXVIII -- Other Compensation . . . . . . . . . . . 18 /ff/J MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the City and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: MICROFILMED BY -JORM MICROLA13 CEDAR RAPIDS -DES MOINES /9/-5- MICROFILMED g/S ..7 i ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES j -- ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, but nc employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty- four (24) hour shifts, except such members as assigned to other special shifts MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MINES pvs� 4 by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2.Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or. in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battalion Chiefs of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. C. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place within the fiscal year, upon termination, or by such time as required by the law, whichever comes first. d. The substitution may not impose any additional costs on the Employer, and in the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4.Staffin . The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. I i Section 5.Pay outside of classification. If an acting temporary appointment out of rank is made in writing by the Fire Chief for a period which exceeds 20 calendar days, the employee so appointed will be paid at the beginning pay rate, or beginning rate plus one step, when necessary to increase the salary in the acting appointment, of the rank in which he/she is acting on the first full shift on the 20th day. Such adjustments will be retroactive to the original date of appointment should the appointment go beyond 20 days. In making such appointments, the Fire Chief will look first to persons from the shift who are on the promotional list with the highest standing. If a person's name from the effected shift does not appear on the promotional list, the Fire Chief will then go to the most senior person on the shift. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1h) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1h) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. Upon termination the employee will be paid for one-half (1/2) of the remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2 1/2) hours. If the emergency call-in takes more than two and one-half (2 1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E. g., If a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Injury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work prnvided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. the City's medical advisor determines that time off work is required. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES If the above provisions are applicable, leave with pay will be granted during the remaining time on the work shift when the injury occurs and for a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using sick leave for on-the-job injury, the City will return to the employee such sick leave. Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncles, brother-in-law, sister-in-law, or permanent members of the immediate household. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or immediate supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is desired; C. must pay premium for coverage under the group life insurance plan if coverage is desired; d. shall not receive any other accruals or job benefits during the period of absence; e. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement. f. shall not earn sick, vacation, or other leave; g. must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. The Fire Chief may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) calendar days. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire supression activities. In the event that the employee is not excused the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1. B day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remainholiday dates in the year. If an holidays which have been ee credited but separates after July 1 of any year, which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 6. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX — - SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. for on sick leUpon ave on he epay aveon the basisof themploye current hourly (base salary.accumulated Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the erotlheree1sisterheor father, mother-in-law, father-in-law, grandparents, as well as any other relatives or members of MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9 r, the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. A permanent employee is entitled to an additional twelve (12) hours of sick leave for each six (6) months of continuous employment without use of sick leave. For purposes of this Section, continuous employment includes paid leaves and excludes leave without pay or disability leave. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service 0-5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years more than 20 years Hours Per Month 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hnurc (10 shifts/yr) 22 hours 61 shifts/yr) Hours Per Year 144 192 216 240 264 The maximum number of hours eligible for carry over after July 1 of any year shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between January 1 and May 15 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. /1/5� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 10 Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more that two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the All -Purpose Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES Uniform cap Blouse Necktie 3 summer shirts 3 winter shirts 3 dress pants Work gloves and mitts Winter coat 3 work pants 11 Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night boots 1 pair work shoes Department patches/badges Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specifications as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health .. insurance policy currently provided for employees and eligible dependents or its equivalent. When the City changes insurance carriers, it shall meet and confer with the union regarding the benefits of the new insurance plan. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. E.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 12 ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. The City and the Union agree to support and administer the Apprentice Program (Department of Labor) currently in operation. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL.TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Materials removed will be placed in an inactive file. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 13 ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning 2. Written reprimand or warning 3. Loss of time 4. Suspension with loss of pay 5. Salary reduction 6. Demotion 7. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the member, and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the IfIS"— MICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES ..I 14 satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. in Section engageio nc hazardous workafety Employ esrswivll l havep access to to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Safety Committee representativeA safety committee composed of s of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of safety. Their duties shall include but not be limited to: a. Conducting safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance,the Union may invoke arbitration only with approval of the employee grievant. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure fi determination of disputes which arise under the terms o Grievant does not lose legal rights by initiating a procedure. However, if the Grievant elects to proceed Grievance Procedure the Grievant by so doing waives the other option(s) available to obtain satisfaction and the the decision of the Arbitrator. Ir the resolution and F this Contract. The grievance under this beyond Step 3 of the right to exercise any Grievant is bound by Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and the Union. IfIr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 16 The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) propective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this Contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3.Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $6.00 per month for members of the MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 17 bargaining unit during the life of this Contract. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties:. _ be modified The expressed written provisions of this Contract will not except by authorized representatives of the parties. This Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 18 ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1982, and June 30, 1984, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extention thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by seven and five - tenths (7.5) percent at the beginning of Fiscal year 1983 and, further, by seven and five -tenths (7.5) percent at the beginning of Fiscal Year 1984; both adjustments to become effective on the appropriate date as defined in Section 1 above. Copies of the pay plans for FY83 and FY84 are attached to this agreement as Exhibit A and Exhibit B. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two (2) percent of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1982. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month (May, 1982) and for August, 1982 -November, 1982 -February, 1983 -May, 1983. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two (2) percent of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 19 Section 2. Longevity Pay. A payment will be made to permanent full time employees as of December 1, 1982, to reflect years of service with the City according to the following schedule: Lenath of Service on December 1 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275.00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. In addition, a payment of $400 will be made to each permanent full time bargaining unit employee as of December 1, 1982. In the event that an employee terminates for any reason after December 1, 1982, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, 1983, will return $200 of the December 1 payment. CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIR IGHTERS, I FF, AF0, LOCAL #610 BY: \\j/) a �AYOR BY:'' — ASSISTANT CITY MA AGER ATTEST: CITY CLERK DATE: December 8th, 1981 C BY: (2. r-' DATE: MICROFILMED BY JORM MiCROLAB CEDAR RAPIDS -DES MOINES 14/-5- 4' I EXHIBIT A FIRE PAY PLAN FY83 MINIMUM MID -POINT MAXIMUM POSITION TITLE A B C D E F 35-01 Hr 5.68 5.93 6.19 6.44 6.73 7.W Firefighter* Biwk 636.16 664.16.'; 693.28 721.28 753.76 787.36' j Ann 16,540.16 17,268.16 18,025.28 18,753.28 19,597.76 20,471.36 36-01 Hr 7.03 7.33 7.68 j Fire Lieutenant* Biwk 787.36 820.96 860.16 Ann 20,471.36 21,344.96 22,364.16 37-01 Hr 7.68 8.00 i 8.36 ° Fire Captain* Biwk 860.16 896.00 936.32 i Ann 22,364.16 23,296.00 24,344.32 *56 hr work week f i i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES POSITION TITLE 35-01 Firefighter* 36-01 Fire Lieutenant* 37-01 Fire Captain* *56 hr work week i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i I MAXIMUM E F 7.23 7.56 809.76 846.72 - 21,053.76 22,014.72 8.26 925.12 24,053.12 8.99 1,006.88 26,178.88 EXHIBIT B FIRE PAY PLAN FY84 MINIMUM MID -POINT A B C D Hr 6.11 6.37 6.65 6.92 Biwk 684.32 713.44 744.80 775.04 Ann 17,792.32 18,549.44 19,364.80 20,151.04 Hr 7.56 7.88 Biwk 846.72 882.56 Ann 22,014.72 22,946.56 Hr 8.26 8.60 Biwk 925.12 963.20 Ann 24,053.12 25,043.20 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i I MAXIMUM E F 7.23 7.56 809.76 846.72 - 21,053.76 22,014.72 8.26 925.12 24,053.12 8.99 1,006.88 26,178.88 rtv.. I /11 SIDE LETTER OF AGREEMENT between CITY OF IOWA CITY and IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, Local #610 December 29, 1981 The parties agree that it was their intent in reaching agreement on the Fiscal Year 1983-84 contract, that all provisions of Article XXVIII, OTHER COMPENSATION, remain in force for the entire life of the contract. Therefore, this side Letter of Agreement is executed by the parties for the purpose of clarifying the following: 1. Article XXVIII, Section 1, shall also apply during FY1984 using May, 1983 as the base index month. Quarterly computations will be made to determine the difference between the base index month and August, 1983; November, 1983; February, 1984; May, 1984. 2. Article XXVIII, Section 1-e, shall apply to salary schedules set forth in Exhibits A and B of the agreement. 3. Article XXVIII, Section 2, shall also apply during Fiscal Year 1984 and payment i of the appropriate amount of Longevity Pay and the annual payment of $400 shall be made to each bargaining unit member as of December 1, 1983. This letter shall apply only to the Fiscal Year 1983 - 1984 Contract and shall become f void and have no further application upon expiration of said contract on June 30, 1984. I CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY BY: SISTANT CIT M AGER PR NT DATE: December 29, 1981 DATE: December 29, 1981 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES ...7 I ORDINANCE NO. 81-30' ORDINANCE AMENDING SECTION 23-255 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to establish a fifteen dollar penalty for the use of a handicapped parking space by an unauthorized vehicle. SECTION 2. AMENDMENT. Section 23-255 of the Code of Ordinances is hereby amended by deleting subsection (d) and adding the following new ..7 subsections (d) and (e): Sec. 23-255. Penalties. (d) All fines for parking in a handicapped parking space by unauthorized vehicles in violation of Section 23-253 shall be fifteen dollars ($15.00). (e) All other fines for illegal parking in violation of this chapter shall be five dollars ($5.00). SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. any section, { provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such i ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. i SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 8th day of December , 1981. ATTEST: 187 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES It was moved by Erdahl , and seconded by pprrpt�, that the Ordinance as read be adopted and upon roll cal there a were: AYES: NAYS: ABSENT: x BALMER x ERDAHL y LYNCH .i- NEUHAUSER _ PERRET _ ROBERTS x VEVERA First consideration xxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxx Vote for passage: Receivod & Approved I By 1110 Leal Depaltnment I � Moved by Erdahl, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be sus- pended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Roberts, Vevera, Balmer, Erdahl, Lynch, Neuhauser, Perret. Nays: None. Date of publication 1/2/82 till MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES