HomeMy WebLinkAbout1980-12-30 Resolution3
RESOLD CN N0. 80-533
RESM,UrION ACCEPTING PAVEMENT AND STORM SEWER
FOR THE BDI SPECIAL ASSESSMENI eKUUtUl, 1VdU LETTING
WOW -AS, the Engineering Department has certified that the following
inFrovenents have been oanpleted in accordance with plans and specifications
of the City of Iowa City,
The BDI Special Assessment Project, 1980 Letting, pavement
and storm sewer construction as completed by Metro Pavers,
Inc., of Iowa City, Iowa.
AND W1EIMAS, Maintenance Bowie for Metro Pavers, Inc. are on
file in the City Clerk's Office,
NOW MOM ORE BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be accepted by the City of Iowa City.
It was moved by Perret and seconded by Vevera
that the Resolution as read be accept; , and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER
x
ERDAHL
x
LYNCH a
x
NEUHAUSER
PERRET x
x
ROBERTS
VEVERA x
x
Passed and approved this 30th day of December r 19 80.
I
V'Mayor
ATPE.ST: r Rai?
City Clerk vaei,•ad ^.C•+:n ,,.r��
arm i
i 31y rs i�;Is➢ Ge:�aN.rant
MICROFILMED BY
i�
JORM MICR+LA9
F it CEDAR RAPIDS • DES MOINES
1
i
3
RESOLD CN N0. 80-533
RESM,UrION ACCEPTING PAVEMENT AND STORM SEWER
FOR THE BDI SPECIAL ASSESSMENI eKUUtUl, 1VdU LETTING
WOW -AS, the Engineering Department has certified that the following
inFrovenents have been oanpleted in accordance with plans and specifications
of the City of Iowa City,
The BDI Special Assessment Project, 1980 Letting, pavement
and storm sewer construction as completed by Metro Pavers,
Inc., of Iowa City, Iowa.
AND W1EIMAS, Maintenance Bowie for Metro Pavers, Inc. are on
file in the City Clerk's Office,
NOW MOM ORE BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be accepted by the City of Iowa City.
It was moved by Perret and seconded by Vevera
that the Resolution as read be accept; , and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER
x
ERDAHL
x
LYNCH a
x
NEUHAUSER
PERRET x
x
ROBERTS
VEVERA x
x
Passed and approved this 30th day of December r 19 80.
I
V'Mayor
ATPE.ST: r Rai?
City Clerk vaei,•ad ^.C•+:n ,,.r��
arm i
i 31y rs i�;Is➢ Ge:�aN.rant
MICROFILMED BY
i�
JORM MICR+LA9
F it CEDAR RAPIDS • DES MOINES
OF
410 E. WASHINGTON ST.
n
IOWA CITY
IOWA CITY IOWA 52240 (319) 354.180D
ENGINEER'S REPORT
December 16, 1980
Honorable Mayor and City Council
I. Iowa City
Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans
;y and specifications of the Engineering Division of the City of Iowa
T. City. The required maintenance bond is on file in the City Clerk's
,.._..... -.r:.,,: ...a,.,.... office.
Paving and storm sewer for the BDI special assessment project,
1980 Letting, as constructed by Metro Pavers, Inc. of Iowa City,
Iowa.
I hereby recommend that the above mentioned improvements be accepted
by the City of Iowa City.
Respectfully submitted,
Charles J. Schmadeke, P.E.
City Engineer
bdw2/9
r :
r'
t
4
,
OF
410 E. WASHINGTON ST.
n
IOWA CITY
IOWA CITY IOWA 52240 (319) 354.180D
ENGINEER'S REPORT
December 16, 1980
Honorable Mayor and City Council
I. Iowa City
Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans
;y and specifications of the Engineering Division of the City of Iowa
T. City. The required maintenance bond is on file in the City Clerk's
,.._..... -.r:.,,: ...a,.,.... office.
Paving and storm sewer for the BDI special assessment project,
1980 Letting, as constructed by Metro Pavers, Inc. of Iowa City,
Iowa.
I hereby recommend that the above mentioned improvements be accepted
by the City of Iowa City.
Respectfully submitted,
Charles J. Schmadeke, P.E.
City Engineer
bdw2/9
r :
A :b
h.
J ..
.1
MICROFILMED BY -
JORM MICR+LAB
CEDAR RAPIDS $,DES MOINES
I
i
i
i
RESOLUTION NO. 80-534
RESOLUTION SETTING PUBLIC HEARING ON A PROPOSED CONVEYANCE OF REAL
PROPERTY OWNED BY THE CITY OF IOWA CITY (A PORTION OF VACATED SAND LAKE
DRIVE).
I WHEREAS, the City Council of the City of Iowa City has adopted Ordinance
! No. 80-2990 on March 18, 1980 vacating Sand Lake Drive; and
WHEREAS, the City Council proposes to convey to Dave Clark and Dave
Cahill, dba C&C Investments, the south 157.70 feet of vacated Sand Lake
Drive; and
WHEREAS, the proposed conveyance will be subject to the following terms:
1. The City will be relieved of the obligation to construct two
driveways across the vacated Sand Lake Drive to provide access from
the property owned by C&C Investments to the new South Gilbert
Street.
2. C&C Investments shall accept only one point of access onto the new
South Gilbert Street and shall assume the obligation to construct one
driveway across the vacated Sand Lake Drive.
3. The City shall retain a utility easement over all but the east 15
feet of the property to be conveyed; and
WHEREAS, it is necessary to publish this proposal and to publish notice of
a public hearing on this proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY:
1. That the City proposes to convey the above-described real property to
Dave Clark and Dave Cahill, dba C&C Investments, subject to the terms
described above.
2. That the City Clerk is authorized and directed to publish notice of
this proposal and further, can publish notice that pursuant to
Section 364.7, 1979 Code of Iowa, a hearing will be held before the
City Council on the proposed disposition on the above-described
property at the Council Chambers, Civic Center, 410 East Washington
Street, Iowa City, Iowa, at 7:30 P.M. on the 13th day of January,
1981, and any persons having objections to said proposed action may
appear and file their objections at said hearing.
It was moved by rerret and seconded by Vevera that the
iresolution as read be adopted, and upon roll call there were:
MICROFILMED BY
JORM MICR¢LAB
r.
CEDAR RAPIDS • DES MOINES
X30/
s
r'1
AYES: NAYS: ABSENT:
x Balmer
x Erdahl
x Lynch
x Neuhauser
x Perret
x Roberts
x Vevera
i
Passed and approved this 30th day of December 1980.
YOR
ATTEST:
C CL RK
I
j
l
poeoived 8, Approvod
gy�.l✓gol DepadnnM
a3ol �i y .
MICROFILMED BY
JORM MICR+LAB \ .�
CEDAR RAPIDS - DES MOINES `A
(-) City of Iowa Ci'-')
MEMORANDUM
Date: December 22, 1980
To: The Honorable Mayor and Members of the City C uncil
From: Linda N. Waito, Assistant City Attorney
Re: Jack I. Young vs. City of Iowa City, Docket #43458
As I indicated to you earlier, the settlement discussions in the above -
entitled matter ended as of November 18, 1980. I have spoken with Mr.
Daniel Boyle, attorney for the plaintiffs, and we will be setting the
case for trial in the district court some time after the first of the
year.
Again, my legal analysis of the facts and the law remain unchanged as to
rezoning the property to allow completion of the 21-22 units such that
the building will not be nonconforming. Precisely how that rezoning is
accomplished is a matter within your legislative discretion.
I will be available for further discussion on this matter, as needed.
bj5/10
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
1
i
j
1
0
A
ORDINANCE N0.
I
ORDINANCE AMENDING THE IOWA CITY ZONING
CHAPTER, APPENDIX A OF THE IOWA CITY CODE OF
ORDINANCES, BY CHANGING THE USE REGULATIONS
OF CERTAIN BY
FROM RIA TO R3A.
BE IT ORDAINED BY THE CITY COUNCIL OF THE,CITY OF
IOWA CITY, IOWA:
a
N 1. The property described below is hereby
fled at the owner's request, as an R3A zone,
\ Township 79 North, Rann 6 West,
action 4, of the 5th P.�., a parcel of
ind\therein described as follows:
"mmen�ing at a poi}{t which is North
West 6 ast, 85.4 felt, and North 09006'
feet, anyq South 83030' West,
690.9 fB t, and 5011th 69°41' West, 52.88
feet of the East ; corner of said
Section 4; *enc4 South 62039120" West,
645.8 feet feet;hencee South 48°12'10" West
cNorth 5 58401iWest of
278.3 feet ,
thence;
thence South 5° 11'30" West, 229.6
feet; thence Sou h 51°45'10" East, 206.7
feet to the Iowa River; thence easterly
along said Rive to a point bearing
South 51 5814011st of the Point of
Beginning; thence to the Point of
Beginning. Said parcel contains
approximately 1.33 ac es.
accllON 2. The BuildingInspector is hereby
authorized and directed to hange the zoning map
for the City of Iowa City, I00\a�lprovided
to conform to this
amendment upon final pass
Publication of this ordinance byllaw nd
SECTION 3. The City Clerereby authorized
k i
and directed to certify a copy f this ordinance
to the County Recorder of Johns n Count
upon final passage, approval an y Iowa'
provided by law. publication as
SECTION 4. REPEALER. All ordinanc s and parts of
ordinances in conflict with the pro `sion of this
ordinance are hereby repealed.
SECTION 5. SEVERABILITY. If any section,
o
provisin or part of the Ordinance shall be
MICROFILMED BY
JORM MICR46LA13
CEDAR RAPIDS • DES MOINES
a3oa
' I
I
ORDINANCE N0.
I
ORDINANCE AMENDING THE IOWA CITY ZONING
CHAPTER, APPENDIX A OF THE IOWA CITY CODE OF
ORDINANCES, BY CHANGING THE USE REGULATIONS
OF CERTAIN BY
FROM RIA TO R3A.
BE IT ORDAINED BY THE CITY COUNCIL OF THE,CITY OF
IOWA CITY, IOWA:
a
N 1. The property described below is hereby
fled at the owner's request, as an R3A zone,
\ Township 79 North, Rann 6 West,
action 4, of the 5th P.�., a parcel of
ind\therein described as follows:
"mmen�ing at a poi}{t which is North
West 6 ast, 85.4 felt, and North 09006'
feet, anyq South 83030' West,
690.9 fB t, and 5011th 69°41' West, 52.88
feet of the East ; corner of said
Section 4; *enc4 South 62039120" West,
645.8 feet feet;hencee South 48°12'10" West
cNorth 5 58401iWest of
278.3 feet ,
thence;
thence South 5° 11'30" West, 229.6
feet; thence Sou h 51°45'10" East, 206.7
feet to the Iowa River; thence easterly
along said Rive to a point bearing
South 51 5814011st of the Point of
Beginning; thence to the Point of
Beginning. Said parcel contains
approximately 1.33 ac es.
accllON 2. The BuildingInspector is hereby
authorized and directed to hange the zoning map
for the City of Iowa City, I00\a�lprovided
to conform to this
amendment upon final pass
Publication of this ordinance byllaw nd
SECTION 3. The City Clerereby authorized
k i
and directed to certify a copy f this ordinance
to the County Recorder of Johns n Count
upon final passage, approval an y Iowa'
provided by law. publication as
SECTION 4. REPEALER. All ordinanc s and parts of
ordinances in conflict with the pro `sion of this
ordinance are hereby repealed.
SECTION 5. SEVERABILITY. If any section,
o
provisin or part of the Ordinance shall be
MICROFILMED BY
JORM MICR46LA13
CEDAR RAPIDS • DES MOINES
a3oa
'1
ajudidged to be cation shall nvnot daffect or unconstitutional,thvalidiityof
sthe
Ordinance as a whole or any secteion, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION 6. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
Publication as required by law.
Passed and approved this
ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS •DES MOINES
MAYOR
p);CEIVED &
Pl1OVED
BY T LEGAL TYIENT
��t,(:
a3oa
i-
r
'1
ajudidged to be cation shall nvnot daffect or unconstitutional,thvalidiityof
sthe
Ordinance as a whole or any secteion, provision or
part thereof not adjudged invalid or
unconstitutional.
SECTION 6. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
Publication as required by law.
Passed and approved this
ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS •DES MOINES
MAYOR
p);CEIVED &
Pl1OVED
BY T LEGAL TYIENT
��t,(:
a3oa
i-
It was moved by Roberts , and seconded by Neuhauser
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x
BALMER
x
ERDAHL
x
LYNCH
x
NEUHAUSER
x
PERRET
x
ROBERTS
x
VEVERA
First consideration 10/7/80
Vote for passage: Ayes: Lynch, Neuhauser, Perret,
Roberts, Vevera, Balmer. Nays: None.
Absent: Erdahl.
Second consideration 10/21/80
Vote for passage: Ayes: Lynch, Neuhauser, Perret,
Roberts, Vevera. Nays: Erdahl.
0
MICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
i
I
i
i
u
i
r
i
nj �J
u
nj �J
RESOLUTION NO. 80-535
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AMENDMENT TWO TO THE AGREEMENT WITH OUT OF
DANGEABUSER FOR THEDBA USEAID AND OF COMMUNITY ATIVES FOR DEVELOPMENT EVELOPMENTVICTIMS OF BLOCK GRANTFOUSE
UNDSTO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS
OF SPOUSE ABUSE.
WHEREAS, the City Council of the City of Iowa City did, by Resolution
No. 79-557 dated December 11, 1979, authorize and enter into an
agreement with Out of Danger, Inc., dba Aid and Alternatives for
Victims of Spouse Abuse (AAVSA), to use Community Development Block
Grant funds to acquire, rehabilitate, and utilize an emergency
shelter for victims of spouse abuse; and,
WHEREAS, there is a need to clarify the permitted use and
of the emergency shelter, occupancy
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF .THE CITY OF
IOWA CITY, IOWA:
That the Mayor be authorized to sign and the City Clerk to attest
Amendment Two to the Agreement with AAVSA dated December 11, 1979 to
permit the rental of one apartment located in the shelter for reasons
of zoning classification and security.
It was moved by Neuhauser and seconded by Erdahl
that the resolution abe adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer
x Erdahl
'—` Lynch
x Neuhauser
—" I Perret x Roberts
x Vevera
Passed and approved this 30th day of December 1980.
�`-
ATTEST:
CITY CLERK
IZOt0;vad E Approv^d
By The 9
� a1 Deparfinenf
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
■
t
AMENDMENT TWO
AMENDMENT TO CONTRACT BETWEEN THE CITY OF IOWA CITY
AND
OUT OF DANGER, INC., DBA
AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE,
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO ACQUIRE, REHABILITATE, AND UTILIZE
A SHELTER FOR VICTIMS OF SPOUSE ABUSE
i
1 1
This Agreement, entered into this 30th day of
December 1980, by and between the City of Iowa City, a
municipal corporation, (herein referred to as the "City") and Out of
Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse, a
non-profit entity (herein referred to as "AAVSA"), is an amendment to
the contract for provision of a shelter for victims of spouse abuse.
This agreement amends portions of the original contract executed
December 11, 1979, as follows:
PART I
I. PURPOSE AND SCOPE OF SERVICES:
Section E is hereby amended to reads as follows:
E. Following the completion of rehabilitation, the structure
shall be occupied and utilized by AAVSA principally as an
emergency shelter for adults alone and with children who
are seeking refuge from domestic violence, i.e., victims
of spouse abuse. Provided, however, that one (1)
apartment located in the structure may be rented on a lease
- basis for reasons of zoning classification and security
only.
IV. TERMS AND CONDITIONS OF OWNERSHIP:
Section G is hereby added to read as follows:
G. Income realized from the rental of an apartment located in
the structure shall be retained by AAVSA in a separate,
restricted account and shall be used only for building and
grounds maintenance and improvements. In the event that
AAVSA elects to dispose of the property pursuant to
Section IV.E above, all remaining rental income shall be
1 returned to the City.
MICROFILMED BY
JORM MICR( LA6
CEDAR RAPIDS • DES MOINES
a 31,2-
m
In witness whereof, he parties hereto have executed this Agreement
on this L day of --198F
/gid.
CITY OF IOWA CITY OUT OF DANGER, INC., DBA•
B
MAYOR
Al TEST:
CITY CLERK
AID AND ALTERNATIVES FOR
VICTIMS OF SPOUSE ABUSE
v iai_
WITNESS: 1�w..t�c Kl2w as a�
i
-f
1
i
In witness whereof, he parties hereto have executed this Agreement
on this L day of --198F
/gid.
CITY OF IOWA CITY OUT OF DANGER, INC., DBA•
B
MAYOR
Al TEST:
CITY CLERK
AID AND ALTERNATIVES FOR
VICTIMS OF SPOUSE ABUSE
v iai_
WITNESS: 1�w..t�c Kl2w as a�
Received 8 APProved
By The Legal 1)
P art
me t
Ow-
MICROFILMED
ZMICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
I
i
i
Received 8 APProved
By The Legal 1)
P art
me t
Ow-
MICROFILMED
ZMICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
I
77777-
�
3
o
r.
{
i�
RESOLUTION NO. 80-536
RESOLUTION APPROVING FINAL ELEMENT OF THE PRELIMINARY DESIGN PLANS j
FOR SIGNAGE FOR OLD CAPITOL CENTER (URBAN RENEWAL PARCELS 83-1 AND 84-
1).
i
WHEREAS, the City Council of the City of Iowa City, Iowa, has, pursuant to
Resolution 78-456, approved the preliminary design plans for the redevelopment
of Urban Renewal Parcels 83-1 and 84-1, subject to the reservation of the right
to review signage prior to installation; and
WHEREAS, Old Capitol Center Partners have submitted preliminary design plans for
signage for Urban Renewal Parcels 83-1 and 84-1; and
WHEREAS, said preliminary design plans have been partially approved by the City
Council, pursuant to Resolutions No. 80-475 and No. 80-495; and
WHEREAS, a further recommendation from the Design Review Committee concerning
said preliminary design plans has been received by the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the -
final element of the preliminary design plans for signage submitted by Old
Capitol Center Partners for Urban Renewal Parcels 83-1 and 84-1 (Old Capitol
Center) is hereby approved, as set forth in Attachment A to this Resolution,
which attachment is by this reference hereby incorporated herein; and
BE IT FURTHER RESOLVED, that upon this approval, necessary permits for
installation of signage may be issued for this redevelopment project, contingent
upon full compliance with all applicable codes and ordinances.
It was moved by Neuhauser and seconded by Vevera the Resolution
be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
i
x Balmer
x Erdahl
x Lynch j
x Neuhauser
x_ Perret
x Roberts f
x Vevera
Passed and approved this _30th day of Dec. 1980.
D �
AYOR
ATTEST:
C CLERK
DECEIVED k APPROVED
B% SIM LEGAL DEPARTWT
Q313 i
MICROFILMED BY
JORM MICR+LAB
CEDAR RADIOS DES MOINES x -
Resolution No. 80 6
Page 2
ATTACHMENT A TO RESOLUTION NO. 00�
The approval of the following element of the preliminary design plans
for signage submitted by Old Capitol Center Partners is hereby made: �
I. The design of the Old Capitol Center sign' as proposed by OldCapitnl Center Partners is hereby i
� �
�
MICROFILMED BY�
�CEDAR RAPIDS - DES MOINES
��
`
.
Resolution No. 80 6
Page 2
ATTACHMENT A TO RESOLUTION NO. 00�
The approval of the following element of the preliminary design plans
for signage submitted by Old Capitol Center Partners is hereby made: �
I. The design of the Old Capitol Center sign' as proposed by OldCapitnl Center Partners is hereby i
� �
�
MICROFILMED BY�
�CEDAR RAPIDS - DES MOINES
��
r)
RESOLUTION NO. 80-537
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK
TO ATTEST AN AGREEMENT WITH DBL PARTNERSHIP REGARDING
ACCESS TO SCOTT. BOULEVARD
WHEREAS, it is necessary for the City to acquire the right-of-way for
the Scott Boulevard improvement project; and
WHEREAS, DBL Partnership is willing to convey their portion of the
right-of-way; and
WHEREAS, due to the unique circumstances of the DBL property, the City
finds it in the public interest to enter into the Agreement attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that the Mayor is hereby authorized to execute and the Clerk to attest
the agreement with DBL Partnership.
It was moved byyevera and seconded by Roberts
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS
X
X
X
X
X
ABSENT:
Balmer
Erdahl
Lynch
Neuhauser
Perret
Roberts
Vevera
Passed and approved this 30th day of December , 1980.
Raaeivad & Approved
Dy 11)0 Legal C1epa17monj
S /2-2-2-8L)_._..
i
,I
ii
I
j .
hAY
R
Raaeivad & Approved
Dy 11)0 Legal C1epa17monj
S /2-2-2-8L)_._..
i
,I
ii
I
j .
is
MICROFILMFJ BY
JORM MICR+LA6 tl
w
CEDAR RAPIDS • DES MOINES Y
AGREEMENT
THIS AGREEMENT made and entered into between the City of
Iowa City, Iowa, hereafter designated as City, and Webster B.
Gelman, William V. Phelan, H. Clark Houghton, William M. Tucker
and L.S. Trust by Iowa State Bank & Trust Co., Trustee, hereafter
designated as DBL Partnership.
WHEREAS, DBL Partnership is the owner of the following
described real estate situated in Johnson County, Iowa, to -wit:
The South fractional 1/2 of the Southwest fractional
1/4 of Section 19, T79N., R5W of the 5th P.M.
except the following described tract: The South 813
feet (except that portion thereof lying South of the
North right-of-way line of the County Road) of the
East 670 feet of the Southeast 1/4 of Section 19,
T79N, R5W.
and,
WHEREAS, the City is desirous of acquiring from said tract,
the following described tract for additional right-of-way to
Scott Blvd., to -wit:
Commencing at the Northwest corner Section 19, T79N,
R5W of the 5th. P.M.; thence S00° 18' 56" E 2648.35
feet along the West line of said Section 19 and the
center line of Scott Blvd. to the West 1/4 corner of
said Section 19; thence S00° 03' 29" E (This is an
assumed bearing) 1323.86 feet along the West line of
said Section 19 and the center line of Scott Blvd. to
the point of beginning; thence S 89° 31'57" E 50.00
feet; thence S 00° 03 29" E 282.25 feet; thence
southerly 386.00 feet along a 1,481.54 foot radius
curve concave westerly and whose 384.91 foot chord
bears S 07° 24' 21" W; thence N 00° 03' 29" W 664.36
feet to the point of beginning. Said Tract contains
26,888 square feet more or less,
and, in addition thereto acquiring a permanent easement over
the following described tract, to -wit:
Commencing, as a point of reference, at the NW cor. of
the SW 1/4 of Sec. 19, T79N, R5W; thence S00°03'29"E
1,430.0 feet on the west line of said SW 1/4; thence
N89°56'31"E, 50.00 feet to the point of beginning of the
A
- 2 -
following described tract: thence N89056'31"E, 40.00
feet; thence S00003'29"E, 20.00 feet; thence S8905613111W,
40.00 feet; thence 1100003129"W 20.00 feet to the point
of beginning. Said tract containing 800 square feet
more or less,
and a temporary easement for construction purposes over the
following described tract, to -wit:
A strip of land 50 feet wide lying east of and adjacent
to the East ROW line of Scott Boulevard and extending
from Station 3+00 to Station 11+00, all as shown on the
Scott Boulevard Phase I construction plans,
and,
WHEREAS, DBL Partnership did, in February of 1980, execute
a Letter of Intent with the City, which Letter of Intent by
reference thereto is made a part hereof, and
WHEREAS, DBL Partnership is concerned over access to their
remaining property from Scott Blvd. in order to develop said
property for commercial or industrial purposes and the City
recognizes such concern, and
WHEREAS, DBL Partnership members, together with their
respective wives, will execute and deliver, without cost to the
City, a Warranty Deed to the City for right-of-way herein
described and a permanent easement and a temporary construction
easement over the lands herein described.
NOW THEREFORE, in consideration of the execution of such
Deed and easements, the City does hereby recognize the right
of DBL Partnership or its successors or assigns to have access
to its remaining property from Scott Blvd. at an area so as to
make said property adaptable to commercial or industrial use
together with the right, upon prescribed application, and upon
the incorporation of Scott Blvd. into the corporate limits of
.J_? / 5 "
i
i
i
_I
`I
i
i
- 2 -
following described tract: thence N89056'31"E, 40.00
feet; thence S00003'29"E, 20.00 feet; thence S8905613111W,
40.00 feet; thence 1100003129"W 20.00 feet to the point
of beginning. Said tract containing 800 square feet
more or less,
and a temporary easement for construction purposes over the
following described tract, to -wit:
A strip of land 50 feet wide lying east of and adjacent
to the East ROW line of Scott Boulevard and extending
from Station 3+00 to Station 11+00, all as shown on the
Scott Boulevard Phase I construction plans,
and,
WHEREAS, DBL Partnership did, in February of 1980, execute
a Letter of Intent with the City, which Letter of Intent by
reference thereto is made a part hereof, and
WHEREAS, DBL Partnership is concerned over access to their
remaining property from Scott Blvd. in order to develop said
property for commercial or industrial purposes and the City
recognizes such concern, and
WHEREAS, DBL Partnership members, together with their
respective wives, will execute and deliver, without cost to the
City, a Warranty Deed to the City for right-of-way herein
described and a permanent easement and a temporary construction
easement over the lands herein described.
NOW THEREFORE, in consideration of the execution of such
Deed and easements, the City does hereby recognize the right
of DBL Partnership or its successors or assigns to have access
to its remaining property from Scott Blvd. at an area so as to
make said property adaptable to commercial or industrial use
together with the right, upon prescribed application, and upon
the incorporation of Scott Blvd. into the corporate limits of
.J_? / 5 "
W
- 3 -
-_.- __-„ -j receive access rights s=lar to that now available
under Sections 31-59, 31-60, 31-61, and 31-70 of the present
Municipal Code.
i
DATED this L day of Q 1980.
DBL PQR NERSHIP
By:
artn r
1
:r'
e
ayor
is
Jai `wr;ro 6egs1 :ir;�i:rr, nrt
R
p�
7
J,
i
a
is
J _
LETTER OF INTENT
undersigned, being owners of property adjacent to the present
Scott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby
agree to voluntarily dedicate a strip of land sufficient to provide a one
hundred (100) foot right-of-way, along with necessary temporary and
permanent easements, a drawing of which is one file in the City Clerk's
office, at no cost to the City; provided that other property owners
i
adjacent to Scott Boulevard also agree to the terms of this letter.
If all property owners agree to voluntarily provide right-of-way and
easements as necessary, the City will agree to provide thirty-one (31)
foot wide concrete paving, adequate storm sewers to transport excess storm
water during a five year return frequency storm, and an eight (8) foot
hikeway/sidewalk along the west side, all -between U:S.' Highway 6 and
Muscatine Avenue, at no cost to the property owner.
I
Dated this 11th day of February, 1980
BY: DBL FARM PARTNERSHIP: Webster B. Gelman,
H. 0. Houghton, William V. Phelan, William
M."'Myer, L.S. Trust,
(Iowa
�Statp Bank & Trust Co.
BY: ( (D�elPY u 4A 4I 44-� _
William M. Tucker, Partner
ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
4k
i
I
I
I
S
LETTER OF INTENT
undersigned, being owners of property adjacent to the present
Scott Boulevard between U.S. Highway 6 and Muscatine Avenue, do hereby
agree to voluntarily dedicate a strip of land sufficient to provide a one
hundred (100) foot right-of-way, along with necessary temporary and
permanent easements, a drawing of which is one file in the City Clerk's
office, at no cost to the City; provided that other property owners
i
adjacent to Scott Boulevard also agree to the terms of this letter.
If all property owners agree to voluntarily provide right-of-way and
easements as necessary, the City will agree to provide thirty-one (31)
foot wide concrete paving, adequate storm sewers to transport excess storm
water during a five year return frequency storm, and an eight (8) foot
hikeway/sidewalk along the west side, all -between U:S.' Highway 6 and
Muscatine Avenue, at no cost to the property owner.
I
Dated this 11th day of February, 1980
BY: DBL FARM PARTNERSHIP: Webster B. Gelman,
H. 0. Houghton, William V. Phelan, William
M."'Myer, L.S. Trust,
(Iowa
�Statp Bank & Trust Co.
BY: ( (D�elPY u 4A 4I 44-� _
William M. Tucker, Partner
ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
4k
S
RESOLUTION NO. 80-538
RESOLUTION AUTHORIZING EXECUTION OF SUBSTITUTED PRELIMINARY LOAN CONTRACT AND
ISSUANCE OF SUBSTITUTED PRELIMINARY NOTES
WHEREAS, the City of Iowa City, Iowa, (herein called the "Local Authority") proposes
(1) to enter into a substituted contract (herein called the "Preliminary Loan
Contract") with the United States of America (herein called the "Government")
providing for financial assistance by the Government to the Local Authority under the
United States Housing Act of 1937 (42 U.S.C. 1401 et seq.); and (2) to authorize the
issuance of its notes as evidence of advances to be made by the Government to the
Local Authority pursuant to the Preliminary Loan Contract.
BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLOWS:
Section 1. The Substituted Preliminary Loan Contract is substantially the form of
HUD -52480 hereto attached and marked "Exhibit A" is hereby approved and accepted both
as to form and substance and the Mayor is hereby authorized and directed to execute
said Contract in quadruplicate on behalf of the Local Authority, and the Clerk is
hereby authorized and directed to impress and attest the official seal of the Local
Authority on each such counterpart and to forward said executed counterparts, or any
of them, to the Government together with such other documents evidencing the approval
and authorizing the execution thereof as may be required by the Government.
Section 2. The Mayor or the Clerk is hereby authorized to file with the Government
from time to time as monies are required, requisitions together with the necessary
supporting documents requesting advances to be made on account of the loan provided
in the Substituted Preliminary Loan Contract, and the proper officers of the Local
Authority shall prepare, execute, and deliver to the Government Preliminary Notes
hereinafter authorized and shall accept payment therefore from the Government in cash
and/or exchange for other notes of the Local Authority, and such persons are
authorized to do and perform all other things and acts required to be done or
performed in order to obtain such advances. Cash proceeds from the sale of all
Preliminary Notes shall be deposited and disbursed only in accordance with the
provisions of the Preliminary Loan Contract.
Section 3. (A) In order to evidence advances made by the Government pursuant to
Preliminary Loan Contract and to refund, renew, extend, or substitute for any
Preliminary Notes by this Resolution authorized to be issued (or any Preliminary
Notes by any other resolution authorized to be issued which are outstanding, or on
deposit for delivery pending payment therefor, as of the date this Resolution becomes
effective), or for any Temporary Notes issued by the Local Authority, there are
hereby authorized to be issued, from time to time, Preliminary Notes of the Local
Authority in an aggregate principal amount outstanding at any one time (whether
authorized by this Resolution or any other resolution authorizing the issuance of
Preliminary Notes) equal to the the aggregate Estimated Cost of Preliminary Surveys
and Planning specified in said Preliminary Loan Contract.
(B) Each Preliminary Note shall bear interest, and shall be payable, in form and
manner as prescribed by the Preliminary Loan Contract and this Resolution; shall be
signed in the name of the Local Authority by the Mayor; and shall have the official
seal of the Local Authority impressed thereon attested by the Clerk; and shall
otherwise be in substantially the form of note hereto attached and marked "Exhibit
(C) Each Preliminary Note shall be a direct and general obligation of the Local
Authority, the full faith and credit of which is hereby pledged for the punctual
payment of the principal of and interest on such Notes.
a ai6�
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS - DES MOINES
4
N
4
E
I
1
f
i
RESOLUTION NO. 80-538
RESOLUTION AUTHORIZING EXECUTION OF SUBSTITUTED PRELIMINARY LOAN CONTRACT AND
ISSUANCE OF SUBSTITUTED PRELIMINARY NOTES
WHEREAS, the City of Iowa City, Iowa, (herein called the "Local Authority") proposes
(1) to enter into a substituted contract (herein called the "Preliminary Loan
Contract") with the United States of America (herein called the "Government")
providing for financial assistance by the Government to the Local Authority under the
United States Housing Act of 1937 (42 U.S.C. 1401 et seq.); and (2) to authorize the
issuance of its notes as evidence of advances to be made by the Government to the
Local Authority pursuant to the Preliminary Loan Contract.
BE IT RESOLVED BY THE LOCAL AUTHORITY, AS FOLLOWS:
Section 1. The Substituted Preliminary Loan Contract is substantially the form of
HUD -52480 hereto attached and marked "Exhibit A" is hereby approved and accepted both
as to form and substance and the Mayor is hereby authorized and directed to execute
said Contract in quadruplicate on behalf of the Local Authority, and the Clerk is
hereby authorized and directed to impress and attest the official seal of the Local
Authority on each such counterpart and to forward said executed counterparts, or any
of them, to the Government together with such other documents evidencing the approval
and authorizing the execution thereof as may be required by the Government.
Section 2. The Mayor or the Clerk is hereby authorized to file with the Government
from time to time as monies are required, requisitions together with the necessary
supporting documents requesting advances to be made on account of the loan provided
in the Substituted Preliminary Loan Contract, and the proper officers of the Local
Authority shall prepare, execute, and deliver to the Government Preliminary Notes
hereinafter authorized and shall accept payment therefore from the Government in cash
and/or exchange for other notes of the Local Authority, and such persons are
authorized to do and perform all other things and acts required to be done or
performed in order to obtain such advances. Cash proceeds from the sale of all
Preliminary Notes shall be deposited and disbursed only in accordance with the
provisions of the Preliminary Loan Contract.
Section 3. (A) In order to evidence advances made by the Government pursuant to
Preliminary Loan Contract and to refund, renew, extend, or substitute for any
Preliminary Notes by this Resolution authorized to be issued (or any Preliminary
Notes by any other resolution authorized to be issued which are outstanding, or on
deposit for delivery pending payment therefor, as of the date this Resolution becomes
effective), or for any Temporary Notes issued by the Local Authority, there are
hereby authorized to be issued, from time to time, Preliminary Notes of the Local
Authority in an aggregate principal amount outstanding at any one time (whether
authorized by this Resolution or any other resolution authorizing the issuance of
Preliminary Notes) equal to the the aggregate Estimated Cost of Preliminary Surveys
and Planning specified in said Preliminary Loan Contract.
(B) Each Preliminary Note shall bear interest, and shall be payable, in form and
manner as prescribed by the Preliminary Loan Contract and this Resolution; shall be
signed in the name of the Local Authority by the Mayor; and shall have the official
seal of the Local Authority impressed thereon attested by the Clerk; and shall
otherwise be in substantially the form of note hereto attached and marked "Exhibit
(C) Each Preliminary Note shall be a direct and general obligation of the Local
Authority, the full faith and credit of which is hereby pledged for the punctual
payment of the principal of and interest on such Notes.
a ai6�
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS - DES MOINES
(0) As additional security for the equal and ratable payment of the principal of and
interest on all preliminary Notes issued pursuant to this Resolution the Local
Authority, to the fullest extent permitted by the laws of the State, hereby pledges,
mortgages, conveys, and grants, unto the Government (or any successor'to its powers,
functions, and duties), all the real and tangible personal property wheresoever
situated which it has acquired or may hereafter acquire in connection with or
relating to the low -rent housing undertaken pursuant to the Preliminary Loan
Contract. If the preceding sentence shall be adjudged by a court of competent
jurisdiction to be invalid or ineffective it is the intention of the Local Authority
to be fully obligated under the other provisions of this Resolution and that such
judgment shall not impair or invalidate the obligation of the Local Authority to pay
the principal of and interest on each Note from other funds of the Local Authority as
herein provided.
Section 4. Whenever the following terms, or any of them, are used in this
Resolution, the same, unless the context shall indicate another or different meaning
or intent, shall be construed, and are intended to have meanings as follows:
1. The term "Resolution" shall mean this Resolution.
2. All other terms used in this Resolution and which are defined in the Substituted
Preliminary Loan Contract shall have the respective meanings ascribed thereto in
the Substitute Preliminary Loan Contract.
Section 5. All resolutions or parts of resolutions heretofore adopted by the Local
Authority which authorize the issuance and/or delivery of Preliminary Notes
(sometimes called "Preliminary Loan Notes") pursuant to the Preliminary Loan Contract
are hereby repealed: Provided, however, That such repeal shall in no way affect the
validity of Preliminary Notes or Preliminary Loan Notes issued pursuant to said
resolutions which are outstanding or on deposit for delivery pending payment
therefor on the date this Resolution becomes effective.
Section 6. This Resolution shall take effect immediately.
It was moved by Neuhauser and seconded by Erdahl that the resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
X Erdahl
x Lynch
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 30thday of December 1980.
, YOR
ATTEST: &+
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
i
(l'HE/ImaIT
In ,EGZTi DEPART►HT
/z -1oO FO
a 3/6
F
i.
(0) As additional security for the equal and ratable payment of the principal of and
interest on all preliminary Notes issued pursuant to this Resolution the Local
Authority, to the fullest extent permitted by the laws of the State, hereby pledges,
mortgages, conveys, and grants, unto the Government (or any successor'to its powers,
functions, and duties), all the real and tangible personal property wheresoever
situated which it has acquired or may hereafter acquire in connection with or
relating to the low -rent housing undertaken pursuant to the Preliminary Loan
Contract. If the preceding sentence shall be adjudged by a court of competent
jurisdiction to be invalid or ineffective it is the intention of the Local Authority
to be fully obligated under the other provisions of this Resolution and that such
judgment shall not impair or invalidate the obligation of the Local Authority to pay
the principal of and interest on each Note from other funds of the Local Authority as
herein provided.
Section 4. Whenever the following terms, or any of them, are used in this
Resolution, the same, unless the context shall indicate another or different meaning
or intent, shall be construed, and are intended to have meanings as follows:
1. The term "Resolution" shall mean this Resolution.
2. All other terms used in this Resolution and which are defined in the Substituted
Preliminary Loan Contract shall have the respective meanings ascribed thereto in
the Substitute Preliminary Loan Contract.
Section 5. All resolutions or parts of resolutions heretofore adopted by the Local
Authority which authorize the issuance and/or delivery of Preliminary Notes
(sometimes called "Preliminary Loan Notes") pursuant to the Preliminary Loan Contract
are hereby repealed: Provided, however, That such repeal shall in no way affect the
validity of Preliminary Notes or Preliminary Loan Notes issued pursuant to said
resolutions which are outstanding or on deposit for delivery pending payment
therefor on the date this Resolution becomes effective.
Section 6. This Resolution shall take effect immediately.
It was moved by Neuhauser and seconded by Erdahl that the resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
X Erdahl
x Lynch
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 30thday of December 1980.
, YOR
ATTEST: &+
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
i
(l'HE/ImaIT
In ,EGZTi DEPART►HT
/z -1oO FO
a 3/6
F
r
s
•'"Q "rr°'
U.S. Department of Housing and Urban Development
y
,
O�IY�01:o
Region VII
17
)
j
r
1
%II�IIIII o
Office Supervisor
'
RECEIVED :.
j
In Reply Refer to:
service Office
7.2GD 210 Walnut
(A1phSOn Des Moines, lam 50309
515-284-4599) January 12, 1981
N
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
NHonorable
John R. Balmer
Mayor of Iowa City
-
City Hall
'
Iowa City, Iowa 52240
Dear Mayor Balmer:
Subject: Substituted Preliminary Loan Contract
-
-- --
Project No. IA 22-3
--
Contract No. KC -9081
Iowa City, Iowa
Transmitted herewith is a fully executed Substituted Preliminary
Loan Contract for the above referenced project with an effective
a4,1
'
date of January 7, 1981.
Sine el'
,
-
-
JtY(m A. Alphs r
I
I-
r
At{--orney-Adviser
II
{
Enclosure
I
�
,
1
r
i
1
i
i
f
07J
,.
MICROFILMED BY
JORM MICR4LAB,�
`
CEDAR RAPIDS • DES MOINES
!
11U1-57480 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ltr.• 17/71 LOW RENT PUBLIC HOUSING
Substituted PRELIMINARY LOAN CONTRACT
KC -9081
Contract IA 22-3
Pall, I of 6 Pa.
'rIIIS'C.ON'rRACPeulrrrd into agar t he7thday of-lanvary ,10
I bnilyd Sin I m of America (herein railed the "Government") pursuant In the llniIrd Slagll!adng Aclierrin l of ed 9371(4211,5 CIa1401!et req. (whnict") by ricl Ail cI ass tl�
:amended to III` Itah' of 'Chu Contract is hcrriu called If,, "Arl") and the Drparlmeul of Housing and Urban Development Act (5 V.S.G. 624,) and
City Of Iowa City, Iowa
(hrrrin Balled the "Loral Aulhortty"), which is a body corporate and politic organized and existing under the laws of Ibe. State
of--- owe
WITNESSE ell: (herein called the "Slaty") and a "public hoofing agency" as defined in the Acl.
hn C.onsidrraIioA of Ihr uuuual covenants hrreinaftrr me fnrth, Ihr par Iir, hereto do agar, as follows:
Stu•. I. Maximum limitation, Corporation Agreement, and schedule for Completion or Development Program
(A) Thr Lural Authority is underlaking prrliminary, murveys and planning for low -rent housing as defined in the Act. an follows:
fslinwlyd Emlinmted Cost Minimum Date by Which
Number of of Preliminary Loan Development Pro r
a.Dwrlling Surveys and Inlrnsl
Ire_ ality IlnilsMailk Submitted
'
I'inming Rale_ to Government
i
Iowa City, Iowa 48 $69,200 6j/8 ce Iecember 15, 1981
P LIT
�� �q�✓ /��,3s'sJ! 90 S6sr, ya0 9699"
! I
(R) With rrgpret to such luw.rrnI huu.dng and in compliance with See. 15(7)(a) of the Acl the governing body of each locality In which match
housing will he situatrd Inv by resolution approved the application of the Laval Authority for the Ivan provided for in tlm Contract with respect to well
housing and Ihr. Local Authority flag demonsiralyd to the satisfaction of the Government that their is a rued for such low -rent housing which is not being
rtes by private enterprise, it, compliance will) See. 11)(a), Ser. I11(h) and Srr. 15(7)(b) of Ilie Act the local Authority has entered Into, and the Government
IM approved, an agreement with carll such governing body, as follows:
Covering ladle of
Iowa City, Iowa
Date of Agreement
April 4, 1978
(C) Thr making of Ihiv ('unmet and file undertaking of the loan an herein provided have bernapproved on kktokX program Reservation
Srr. 2. Number of Uweliing Units Covered hy'Dds Concoct dated June 23, 1978, as Amended
December 15, 1980
(A) Thr number of dwelling units covered by thin Compact 111-11 be the apgrrgatr of the Fslimalcll Numincrof Dwelling Units specified in Sec. 1(A).
mbjrcl In reduction as follows:
(1) Ilpr the execution of an annual cuntrihutionscmdrao or amendment therrlo, as provided In Sec. 23, for any dwelling units comprising
a project covered by an approved development program prepared pursuant to thin Contract, the number of dwelling traits covered by this Contract
811111 be reduced by fuel' number of units: and
(2) The Government may at any lime and from lime to lime reduce file number of dwelling units covered by thin Contract in ■ number to be
np•cifini in a written nnlirr In Ihr local Aulbnrily if Ihr C.memmou, in its coir diwreliuu, drlerminrs Thal:
(a) The Loral Authority in not expeditioudy proceeding will tine Preliminary AurvryA still planning of Arch number of dwelling unitcor
(10111c tired for much number of dwelling units ham decreased or lerrninale ; or
(c)'fhr powers of the Secretary of Housing and Urban Development or of the local Authority 10 enter Into an annual contributlora
contract or aulrndmrnl thereto with respect Iti such number of dwelling unilm lam leen ur will Ise curtailed or Iermimlyd:nr
(d)Thr. number of dwelling trails renulning under this Contract is Iran -mall to serve a the baAlm of a femmible pmjecl; or
(r) For any other Justifiable cause the number of dwelling unla should be reduced.
(11) Will) respect to Ism dwelling unilA eliminated from this Contract p rn and to clause (I) of this See. 2(A), the local Authority shall not incur
nov :nidifional Cost orezienpe under Ihi. Gu,irarl chargeable In file preliminary surveys and pluming of loch dwelling units.
(1:) Will) regwo to the dwelling unit., eliminated from thin roamer p rmumul In rlauAr(2)nf flip Sce, 2(A), the local Authority, upon receipt of
the nnlirr of such reduction, alaU refrain from incurring any obligmtionn with rrlperf In Ihr preliminary surveys and planning of such dwelling units, Alull
lake in n•slecl In any obligalinum already Incurred whatever action Is rcamnnably nrceuary, to prearrvr monirn And assets (including termination or settle.
ownl of oulumultog contracts), and shall lake all other actions nereemry In glop overhead expenses and Inw•).
Sec. ;i. preliminary StaveyA And Manning Itading to Preparation of n.vrlupu,rnl program
6%1 'I he Loral Authority Alall exprditinmly:
(I ) Carry nu such hnusing and rcm onnin AurvryA as arc net rmary for the preparation of A development program or programs. Action to
rutidrrl tory• such survey shall nap le taken mllil Agreement ham been rearbell will, the Covcrnment an to Its type, extent, in .1 0 n, alandmrdn of
xcew:ny and reliabilityIn Lr achieved, and the prapased cart. If any furl) surrey is In 11,cnnducled nn enturacl fnr the lural Authority, the
JORM MICR+LAB I
CEDAR RAPIDS e DES MOINES _
l
0
f
E
HUD -52480 R E C E I V E D
Ravi 12/7I Housll:$ i, I;!i'::'di 6;Vl:`vrL.Clf(
Ali 51981
contract shall be made only with a person, firm, corpora
such type of rvey;
DES FAOBdw, 10WA
(2) Co aider decent SW.Vn- efn)UIhousing air
low•rent hau , ,;
Page 2 -if 61'aer.
or gove omental agency that has bell, approved by Ihr Govemmrol for ronductiug
in each locality which may be acquired and used in lire of developing new
(J) Select a site or wiles, study the feasibility and cat thereof; and
(4) Prepare a development program or programs (including tentative plans and outline specifications) for the project or projects which shall
be designed in conformance with and to the minimum standards prescribed by the Government. Each such development program shall (a) be ill
form and substance as required by the Government, (b) be eubmitled to the Government not later than the date specified therefor in Sec. I (A), and
(c) include a description of the site or silex, the number and type of dweWng units and their facilities, The rnlimated developolant rust, and .C6rdules
for completion of land acquisition nd relocation of site occupants, find plans and related documents, and construction of earn projrrL and well
ulher data and documenls as the Government may require,
(B) The Local Authority &hall not incur any obligation or expense in connection with the performance of Illi& Contract in rxcrhs of lite aggrrgan•
Estimated Total Cost of Preliminary Surveys and Planning specified in Sec. 1(A).
(C) The Local Authority shall not, without Ile prior approval of the Government, incur any obligation or upeuse ill conurou,m with he per.
romance of this Contract (I) In excess of the Estimated Cost of Preliminary Surveys and Planning for any locality as specified in Ser. I M nr (2) will,
respect la a number of dwelling units"" excess of the number of dwelling units, covered by This Contract for Rich locality.,
(D) The load Authority shall not, without the prior approval of lite Government, incur any obligation or expense in connection Willi The pre-
formance of this Contract with respect to any locality riot specified in Ore. I (A).
Sec. 4. Selection of Solea and Study of Feasibility and Cost
(A) The Loaf Authority, total the Government otherwise approvea, shall provide by contract for ueeessary services of experts in their n•,peclive
fills for land surveys, title information and legal services file laud acquisition, appraisal, and option negotiations. Such confrcls'hull not be. entered into
in respect to any project site, prior to tentative approval by the Government of ouch site. ,
(B) The Load Authority, unless the government otherwise approves, shall obtain a formal appraisal on each parcel and obtain Government approval
thereof before taking an option thereon. In iso case shall persons who have madr.such appraisals be employed to negotiate oplions.
(C) No part of any funds made available to the focal Authority ,ender this contract shall lar used Io acquire land, in nuke any payments for option
negotiations, or to make any payments (other than nominal payments of one dollar per option) ase Rd
for land, tooptions, nor shall irrevocable cum•
mitments to acquire land for any project be made before lite execution of all unuual coulrilenions contract covering such project.
Sec. S. Architectural and Engineering Slices
f
Unless olherwive approved by the Government, the local Aulhorily shall provide by contract fu form and xubslnee approved by file Government
for the services of qualified architects and engineer for the preparation of plans, drawings, specifications, and related documents, and for the general
supervision and for the inspection a the theconstructionerfof the housing pmJcot proposed fur development as described In the development program. The
Inca, Authority shill in accordance with the terms of sueh'Conlari, prohihibrar), such convertor front proceeding.before,the exerulinn of antanmul rnn-
I Iributions contract. with any work beyond that necessary for the selection of project miles and the preparation of development programs.
Sec.. 6. Prevailing Sataria or Wage
(A) Each contract entered Into by the foul Authority in connection with the performance of Ibis Contract ,ender which any architects, terbniral
engineer, draftsmen or technicians arc employed In such performance shall require [list there shall be paid, and the Local Authority $hall ilself pay, In all
well employees not less that, the salaries or wages prevailing fu the locality, as determined or adopted (subsequent to a 110MIlinatiun under applicablr
Slate or local law) by the Covernmenl,
ch
identified' in
is See. 6
de that the
Was and until I the LocalaAuthority has rcadveld a signed sttatement from Phe contractor that such cal Authority
ontr actor and cath of his subcontractors has tayment under tuade Incl
payment to each clan of employees in compliance with Ihr provisions of subsection (A) of this Sec fa. Thr local Authority shall not make any hurt, pay.
cent unlem and until it has received such signed statement.
(C) Fish contract identified in subsection (A) of thte Sec. 6 shall require that if the contractor nr any of him subcantnclors finds it neersmary or
duirable to exceed the prevailing salary or wage rates aprcifird in I,os contract, any expense insured by the contractor or subconlractors because, of the
Payment of salaries or wages in excess of such amounts shall not be cause for any Increase h, the amount payable under his contract. The local Authority
shall not consider or allow any claim for additional contlnensalion made by Ihr contractor err aubcoutractora haus of such payments.
See. 7. Wage Qabm and Adjustments
(A) Each contract identified In subsection (A) of Sec. 6 shill provide that in cases of underpayment of salaries or wags to any architects, technical
engineers, draflamen, or technicians by the contractor or any of his subcontractors, the Loral Authorily may wllhbuld from such contractor nal of
WYmenle due, n scowl sufficient lis pay persons employed on the work envered by the contract the difference between the calories or wages required
to be paid under file contract and the &aladu or wages actually paidauch employees for the total number of hour worked, and dull further provide Thal
the amounts withheld may be disbursed by lite Local Aulhority for and on account of lite conlraclor or the subcontractor In the respective employers
i to whom they are due. The Local Authority shall in uses of well underpayment withhold such monies: Provided, That lite focal Aulhorily shall not hr
considered in default tender this sentence if It has in good faith made paymenlx to lie contractor in reliance upon a signed sl$lemout of Ihr contractor
that the rlaria and wages required under his contract have actually been paid.
ract, or under
tract
talion OfSec.l16(2) of Ile, Act shall be rcfeneda10 ll, Secretarynof laabor of nllr aUnit d States fortmling or lnlA) at Sec.eprelallnnrelating 'and s ole rulio tile ng terInterpretation
shill he find. Each conlrart identified in subsection (A) of Sec, 6 shall embody the provisions of this sulaeetton (D).
Sec. D. Equal Employment Opportunity
In connection with the performance of Ihix Contract, the Local Authority +hailuol diacrindnale agaimvt sty employer or applicant fur employment
because of race, color, religion, sex, or national origin. The local Authotily stall 1.11%,uffinnativr actino In cmum that applicants are employed, and that
employee$ are treated during employment, without regard in race, color, religion, m x, r, u.riunal origin. Surh elloo shall indodc, bill ural he limited lo,
the following: employnted, upgrading, demotion, or transfer; recruitment car le,, mihovu, .,,hrriking; layoff or lenninaliun; rates of pay or either forst,
of comlecoi ml; and mch•elion for In lnong, including apprenticeship. 'File Load Antlovi„ dull tuxrt Ihr foregoing pruviAou (mndifird only lei 'how
the particular contractual relationship) in all Its tonlracls, except coulracim for stand.ud cnuumrrriad supplies or raw matrrials, and shall require all hush
contractor to inxett a similar provision in all subcontracts, except subcontrarh list mnuo,ard mouneeial suppliesur raw materials. The Lural Authurily
agrees that any annual contributions contract or amendment executed pursunl In "•,•.:!,t ,vill rnillain the provisions trialing lis aqusl rmployutrnl
opporlunlly rrquird by Executive Order 11246 of Seplember 24, 1965. '
JORM MIC R4?LA IS
CEDAR RAPIDS s DES MOINES
s
0
n
i
HUD -52490
Rev. 12/71
!I Sri. 9. Insurance and Fidelity [land Coverage
Page 3 of 6 Page,
(A) The Loral Authority shall obtain or provide for the obtaining of adequate fidelity bond coverage of its officers, agents or employees handling
rah err authorized to sign checks or certify vouchers. The Local Authority also shall carry such other types of insurance an may be required by the Government.
(II) Each insurance policy or band shall be written to become effective at the time Ihr Loral Authority beeomrs subject to the risk or hazard covered
thereby, and shall be ramfinurd in full force and effect for such period as the Local Authority in subject to such risk or hazard. Such insurance and bonds
%hall (1) he payable in such manner. (2) be in such form• and (3) 6e forsuch amounts, all a may be determined by the Local Authority and approved by the
Luvrnmeol, and shall he obtained from financially sound and respumible. insurance eompanie.
(C) The Loral Authority shall require that any liability insurance policy prohibit the involve from defending any fort claim on the ground of immunity
of the Local Authority from Buil.
(DI 'fhr Loral Authority shall submit certified duplicate copies of all insurance policies and bonds to the Government not lea, than forty -rive days
Iwfnre lite effeelive date thereof for review to determine compliance with this Contract. Unless disapproved by the Government within thirty days of the date
submitted. Ihr policies and hands submitted shall be considered as approved by the Government.
(F.) If the Loral Authority ,ball fail at any lime to obtain and maintain insurance an required by subsections (A) and (B)or this Sec. 9, the Government
may obtain such insurance un belaRuf lite Local Authority and the [,,war Aullmrily ahall promptly reimburse the Government for the cost thereof together
with interest at the Loan Interest Itafr.
Ser. 10. Procurement
ler the purehash,g of equipment, materials, and supplies, and in the award of realizela for service, or for repairs, maintenance, and replacement,
the Local Authorityshall comply with all Applicable Slate and local laws, and in any event shall make such purchases and award such contracts only to
the lowest responsible bidder after advertising a sufficient time previously for proposals, except:
(1) When Ihr amnmt involved in any nor case does not exceed $2,500; up
(2) Whr„ the public exigencies require the Immediate delivery of the articles or performance of Ilan service; or
(3) When only one.sourcr of supply is available and the purchasing or contracting officer of the Local Authority shall so certify; or
(d) When the ""fees required are (a) of a technical and professional nature, err (b) to be performed under Local Authority supervision
and paid for an a lime basin.
Sec. 11. Personnel
(A) The Loral Authority shall adopt and comply with a statement of personnel q,licirs comparative with pertinent local public practice. Such
stalrmud shall cover jilt, till,, At d classifications- salary and wage rates for employers other that, those whmr salaries or wages are determined pursuant
to Sec. 6, weekly hours of work, qualification standards, leave regulations, and payment of expenses of employees in travel status.
(II) T'he Loral Aulhorily may charge contributions far participation in a retirrna•nt plan for ifs employees to the coal of performing this Contract
where such 111:11, las Lrrn approved by Ihr Government or Is required by law.
(C) 'flu Lural Authority shall mainlain complete records with respect to employers leave, authorizations of overtime and official travel, and
vnurimrx supporting reimbursement of travel expense.
(D) No funds may he used In pay any compensation fertile services of mrmher of the Local Authority.
Sea 12. Retention of Contract Right,
Willi respect In all rontraeln entered Into by the local Authority in connection with the perfomnancr of this Conlraet, the Local Authority (I)exeept
Irl an emergency endangering life or property, shall not, without Government Approval, amend, modify, nr consent to any change In any ouch contort or
contractual prnvision which In required by this Contract to be approved by the Gnvernme t;(2) shall at all times retain, preserve, and enforce all Its rights
under all such contracts; and (3) shall not, without the prior approval of the Government, waive, release, or compromise any right or claim which II may have
under any such contract.
See. 13. loan Ivy Government
Subjrel In and to accordance with the provisions of this Contract, and In (,rice to assfd hu preliminary surveys and planning for the dwelling unit,
covered by this Contract, lite Government shall lend In the Local Authority an amount not In excess of Ile aggregate FI A ed
Surveys milli Planning speri0rd In Ser. I(A), leas the amount of any retirements of any Preliminary Notes or Tempnrafrom funds eller than the
proceeds of any loan oblainrd by tine Local Authority under this Corilract. ry t in I Cont of Preliminary
Advaures an Loan by Government
1 (A) The Gavrruncenl will from lime 111 time advance maples In the Local Authority on account of the loan provided for in this contract upon a
showing satisfactory ler the Government lila( there Is then nerd for such numieA ler pay Illi civil of preliminary surveys and planning In respect to the
numhrr of dwelling units covered by this Contract.
t (11) Earl' advance shall Ile evidenced by an obligation herein called "Preliminary Note") duly iaued and delivered by the Local Authority In a
1' furan salbfarlury to the Government, which obllgallnn shall bear interest on the overpaid principal amount thereof from the dale the advance Is made
.. I..r date of repayment al Ilse rate or rales (herein called "Loan InlecAl hate") as the Government determines on the date such advance is made and
{ rrdelrrnwu•x ren -sell anniversary of such dale to he equal In the rale per annum borne by Government obllgalions on each such date pursuant to See. 20
If Ibe Acl: Provided, That Ibe Lnnn Interest hate for each advance, which shall he adjusted annually a, provided herein, shall not be less Than the
Alinineum Linn Interest Rale. Each Preliminary Note, together with interent thereon, shall ler due and payable on demand and shell in any event become
I F due and poyalde, without demand, reply yearn from the Date of This Contract.
(e.) The Government dull nal be obligated to make any inch advance:
II ,
t (11 tlnles, a requisition lhrrefor is filed by the local Authority accompanied by (a) a slgned detailed elalemrat demonstrating the purpose
and need at such time for the nionlrn requested and the progress it has mad . un the preperation of each development program, and slating The
amounts In IM used far each locality. (b) a certificate as to compliance with the provisions of Sec. 16(2)of the Act relating to the payment of pre.
veiling salarlcv nod wages, and (r) surh (,ilia dila and dncumrnis witch the Government may require; or
(2) Willi n•sprel to any emnm,l or Amounts for any locality for which the Local Authority has not demonstrated to the satisfaction of The
G(,vemmrnt (a) Ile pure w. for which any such amount will hue used, (h) the need Therefor at ouch Time, or(c) That any such amount In consistent
with the role of prmgrrss Thr lural Aulhorily ling made In the preparation of file development program for loch locality; or
HUD -52480
Rvv. 12/71
,,age .1 of 6 Page,
(3) If the applicable development program cannot Is. mhnmiu,•d ,. .ie Government in appruvaLlr from on or 1 -fort.
in Sec. I (A);.,
lhr' lair .,perifird
(4) If the total of the advance requested plus the sum of the principal amount of all Preliminary North 111111 un Warning .,rad ILe anunud of
advances which the Government has agreed to make as security for any Temporary •
fa ry Nota would exceed the anununl of ILe loan provided iu Sae 13; fir
(5) For the payment or reimbrrmn rnt of costs or expenses with rexpeet In any dwrlling units nntrarl at the. lime sucL
advance is requested except as provided in subsection (C) of Sec. 2; or not rnrrrrJ Ly Itis C
(6) If the Local Authority is then in default under any of the provisions of this Contract; or
(7) If any litigation is pending or threatened
this Contract. whfrh would materially affrcl the performance by the Local ,Authority of it., obligation under
(D) No funds shall be used to reimburse Ills Loral Authority for exprnxcx or dells incurred Lef(or, the Ili[, of
moor approves such reimbursement.
This ('.onlrael unlrn. 1l', Cnvrtm
Sec. 15. Temporary Loans
Al any !the and from time to time file local Authority may, ax approved by the I:ovemmenl, oLiain loans from others Ilan the Cu,ernnueul in
anticipation of the deliveryobtaining
Preliminary Notes, which full, shall be evidenced by notes of the local Au in I -a (each of whirl is , I,,. culled a
"Temporary Note"). In obtaining arab loans, the local Authority shall comply with all the applicator AI til (out precedent In Ile Obtaining ng of advances
from the Government.
Sec. Ifs• General Ikpo.,ilary Agreement and General Fund
(pr(omplly after the execution of LO ICom
sae herein in pel, ill, Local Aulhorily shall filler into, and Iheruffer nrainlain, one Or inner alTrrmrnle, which
eolleel(rdy called the "General Depositary Agrremenn", in a fore approved by the Government, with one or more balks (tach of which shall
be, and continue to he, a member of the Federal Ueposil Insurance Corporation) Selected as depositary by the Local Authority. Immediately ufam the
execution of any General Depositary Agreement, the (oral Authority shall furnish to the Corremment such executed or conformed copies thereof as the
Government may require. No ouch General Depositary Agreement shall be terminated except after thirty days notice to Ile Government.
(D) All monies received by or held for account of IIle Local Authority in connection with Ibis Contract shall conslimre 11, If a] Fund."
Auth
ty
(C) posit areal Agreement,
an mo, except ax othrgfio• provided in this Contract, deposit Promptly with aur], hank or banks, outer the Ienns ohhc
Genes( Depositary Agreement, all monies constituting the General Fund.
(D) The Local Authority may withdraw monies from the General Fund Only fur (1) the payment of cants of preliminary surreys all,] planning
(including administrative expenditures), (2) other purptawa specified in this Cnntract, and (3) othu pupoof ,risis"fally approved Survey.
Il', Government.
No wilpore for shall s made except in accordance will' a vouchrr or vouchers Then un file in the office ,f the I.O,al Aulhorily Mating in proper drfail
the purpose for which such withdrawal le merle.
(E) If at any time the Local Authority Ila., monis on deposit In Ihr General Fund in exec,%' of its prudently cefimalr l needs fur the performance
of this Contract for the next ninety days, the Local Authority shall promptly apply sorb rxrces monies to Ile payment of Preliminary Nola or Temporary
Notes.
(F) If (b) the feral Aulhorily, in the drlrrmina hon of the Govern ncru, is it, defaull in the performance of its obligations under Ihis Conlrael, or
(2) the Loral Authority makes is has unudr. any fraudulent car will6d misrepreernlu lion ,f ally material fact in any of Ile durmnrmis fir dafx sulnnil led m
the Cnvemrnenl dorsum! to this Confret (or in any ih, D,cot or data sulunillyd to file Gnvernrnenl as a Ladix fur Ihis Gnurucl or as nn indnewnrnt h,
the Government to enter into [hill Contract or (0) Ibis C(ontract is terminated pureuanl to -ire. ?{, thee the Government shall havr IIle right Iu n•quirr
my bunk or other depositary which hulls any Mollie, of the General Fund lu refuse to permit any Wilhite
the curing of Buell default file Government shall promptly rewind such requirement. awale of such monies: Pr,vlded. That upon
Sec. 17. Pooling of Funds Under SpecW Condi0nm and Revolving Fund
(A) The Local Authority may deposit under [fir loan of the General DriMximry Agrermrnl Iconirs and s•curilira reerivnl fir held Ly 1Lc Local
Authority in connection with any other housing pursuanl to the provision, orally co tract for preliminary ",ands annuals received
try ill, Loco
orlease between Ile local Authority and the Government.
(D) The. local Authority may also deposit under the leans of the General Depositary Agreement anunmds orcrsuxry file current rxpeudihtrrs (of
Ally (other project or enterprise of the focal Authority, Including any project or enterprise in which the Coverlmealf hay no financial harrenl: 14o,1,1,d,
Thad such deposit, shall lot lumpsum transfers from the oblwsilaries of one[' (filter projects or enterprises, and slut! in nu even! Ix• deposits of the Jirrcl
revenues or receiph of such other projects or enterprises. The amounts so depo,ilfd each month shall caul exceed 1 reamneble and deposits cif the d tam
Agreement
for each month will,
, with respect In such miler prion,,, or,nlerprises les' awry balance remaining under the Imran of the General Depositary
Agreement in rnmecllnn wllh each other projects Or enlrgminrx.
(C) If Ihr lord Aulhority nprradfe n flier projects (or enterprises it, which the Guv,tnmenl Ilse nn financial interest H pray, fere. IhrI, m, limn,
withdraw site], anmunlaas ,or Government may approve hunt nnauiex on deposit find,, the General Drpmsifery Agrrcmrm fpr deposit iu orad dasLnlse.
ment from o revolving fund provided for the payment of ifrore ehargrahlr in part In Isle Performance of Ilnix C(onlpef end (u pail to sit I,, projrrlx fir
projepdue en the Lou! Authority; Provided, to That all deposits hr soh revolving hind shall Ie lump,sum transfers from If,, drpnsiladre of line rrlatrl
projects or enlegmdrca and shall in nn event Iw drfmxll, of Ile direct revenues or receipts.
(D) 711c fatal Authority mey rrlsblish pwlly cash fir change Ilford, in n•awaeble amounts, from nunnies,n default under Ism G, ,real Depositary
(E) - In no event shall Ile Local Authority withdraw from any of ll', funds or aerounle auth,riard under thisSec. 17 aoumuns (,r Il', performance
Of Ibis Contract car for any office project or rnlerprbe l r rscess of file amount then nn deposit "n respect Ihrr,lo.
Sec. Its. prohibition of Other laum
The, Loral is Contra shell oral wilhnul the :gquuval of Ihr Government, obtain, from lily moues whal,orver, any Iran in emmedion will the
performance of tlde Canlnel other than Ihnnr pr,
provided her under Ihis Contact.
Src, 19 floods; of Account and Records
The Local on With tyshpel mraiulsin cumplele :uul arroute hunks of arenunl and rrrunls, as may le dense liked from lime ro liuw Ly Ila• Gu,ern.
men!, In ro osillnon with Ihr al omm�cr of tilts Cantron 1, including records which fa•nuil a spwrdy and rffrerivr audit and will fully am In,, the amount
and the Amount
it the Local Anfhr if,
of Ill, lure, car any opplelorof Illerrlo, the cost of the
prrllm(nary planning, snrvrye and land acqui,iliuu,
and the umounl of my privair or rather nnn.frdrrd funds rased car Ivapls.hn•aid ped' fpr or in tuunrcllun with such preliminary pluming, or4.vs
I Pont !snit acquLdli(oum. Such recons slat! iurhrdr, annuing nlhrrx AS may Li• replied, (i) Imoks of account 411111111111 fines! rrr,nld in urrmdan,c web
Of Pili gollol of une(ounls prrxcrllwd Ly If,, Cnv.nen1, (2)operation rcrnnlr, and (3) personal pmgwrly rreurda which shall induct, an.nunud ioveulury
Of call rquipmof
' 1\moi
• I CEDAR RAPIDS a DES MOINES I
I
I
IIUU-',7agp
It.., 17 71 T:, gr' 1, of 6 I'agrs
l ilcsolial metal Op•nli eL Slat, no-ol.,
'I'll, Inr.d
Assaf „rit) .b:dlfnu,iq, Ihr C.",rmncnl•arillease nwfal.ape-rltog.and .lilli,loal rej."I" v,00l., .Rdronnum.:nil d„runu•u1. ;it .,I'll
lour., u, .n, Ir Inn n, and arrnmpaoird Iw .orb'upp.0ing data, :dl .o owe rra.,oalj y h,• n'gnm•d Ir„u tittle In little- Lv Ibr Govrnonrnl.
Sri-. 21 .(rel•... In Record, and IRojecls; Audfls
(A) 'I c- Guvrntl"split -11,11 Ihr 0,owl edea Ceor•nl if Its,- 11,61,d Slalre. or Ilk duh .mlh.rrirrd Irprr.rnlalivrs, au)I bits, ball and fr,e arlr., In all
is. In,„L., du.'u... "I'. papr're,:o d ..•cord, ,l Ibr lural Aolhority Il,A art prrliurul la it, oprmlluu, ooh nayrr1 let finim, ial a.ti.l more ualdrt Ill, Ac I.
in, lo11ng Ibr right Io wohl,and let make rsrrq,ls and Irau.rripl. fit m,urh bank, and re. ooh.
(NI Thr Intal Anlbarely ,hall nnl rharg, a, all Area, of tune is. Ihr perfor .m. - of it.,, Coon.. I Ibr ro,l or rApo,.a• of :or)aodil ttnlrss( I I the
I;uvruuorol 1'... appro ref it, a ldil. or 12) seat Is aodil is Fellows d by law.
S,r 22 Approval, and Nulirrx
( V) Wit r1,...,I nndrr list, Comb art :gqrro.A.m. not hnric:umo,, drlronioaliun., mli,farryon:. 1,r s, an -r, of Ill,- Govr•rnnent art wiloirrd, sur 1)
.tpprond..:nohonaafir..... de lrrnmaliunx, mlisf:vliuns, or wisest I, 'hall hr r(frctivr and valid ooh elta•o Ove•o riflo•r (1) by general orders or trgulalionm
duh fvord from lie”" let lime by Ihr I:nwnnnrul, tar (2) in aprrifir ca.r,, in wrili'la, .I91,rd by a dolt nitleona•d nffi,I-r of Ibr Govt•munenl. and
rb•livrrrrl In IIB Intal Aulhnril V.
(II) Ally nolirt'tardemand gbro Reader This Contract oball Ix•ill wriling,:lml,ii: nrd by a dol, o.1horiord uffirrr of Ibr early Living starts retailer or
den old. Suets italic,. ler drmasd Stull be deemed Tu have be given al Ibr lin"• it 41,111 have here, rrr.... rel al IIv principal offirr of the parly to whitest
it i. ditprwd.
.jeer. 2:I. livrv:uliun of Annual tbnlrihufions lSmlracl
(A) I. 1Ipon approval by the Govrnunrul of a devrinpnr•ol program prrparrd pursuant to, Ihf. Contract, Illy Local Authority shall rarrole an
an oal roolribmlions r --attract 1,r amend in oulshoding annual conlribetionx contract covering The project 1,r projvrle drscrilyd in .Marla development
Im,su nu, which anunal rontribelim ret time., will be, nn III,- event, o d ro,diliom There prr,1'ride•d b, Its, Gnvrounrol for prnjrrls arosistrd under III, -
AH and ,ill roWain the following pr000kiuus:
"N(,ndiscriminadon in flouting
"(a) The 1,ocal Aulhorify shall not discriminate beraua: of race, color, erred, or national origin in Ihr sale, basing, rental, air (,elect
dimpnsiaiun of Looming or n$drd facilities(inreuding land) inrlu16•11 in sly Ihojrcl or Projrrls i"f lially I ovrnd xflre November 211, 1762, by a
voolrarl (tar annitai conlribulfool nndrr Ihr United Stales Ilunsiog Art ill 1937. al- i1, III,- a.u• or orrupaory flavored. The Lural Authority shall
nil on acro11nl of rare, calor, rrrrd, tar uafional origin, deny In any farllidv The opporlunily In apply fear.mrb h,,et,iug, Race deny In any eligible
:ggdU:it The- opporti oly let Ivaq- 1,r trial ;Play dwelling in ally Searle housing Bailable to its oreds.
"(b) fu ron irrliun will, Ihr devrdupno'nl and op„ralinn of .,evil I"oJe'l initially ruvrn'd after January 2, 1'165, by :1,e annual Collin.
bulioos ronlrvl under Ihr United States flouting Art of 1957 ;ool fur a, lone as such Proiccl or any porlion Thereof is read fear or in conneclion
will, Inw.re-ni housing fur fanilirm 'if low income, Ihr Loral Aulhorily will comply will, all requirements imposed by fill,. VI of III.. Civil Rights
Are ref 1964, Public Law fN!.:f52, 711 Slat. 2,11; lite regalatdons of IIs Orparlmrrel of [[(,timing and Urban Development isuud Ihrrrunder, 2'I (:Fit,
Sublilh' A. Kill 1, mYcNarl I.1 eL.rrq i and IIIc rt•elmrrnernlm of IIIc.%aid 1)rhart.o.., porsuant To 'aid regolalpmm. Ibr Local Aulhnrily will, Ly
rooerarlo l rrquirrnrnl, covrn;oll, or other binding comndlne'nl, aware Ihr ono• rmnplianrY on Ihr part of Illy subgnnlrP, rmtnrlar, soh
runlro'lost. Ir:o.6•ree, .Nuersmr it. inferem, or other parliripanl in Ihr prulnao orelivily, N,rh cumnilnenl fit mrludr floe following I lauu':
'This prrvfsfno is included pmrsumN IR IIIc rViallalions of Ihr Drparino•nl of flooring and I lrban Drvrdupne•nl, 2f (:Flt,
Solid dill- A, ['art I, sect fall, I.I el- seq., isxurd under title, VI of Ihr mid Civil flight, Art of 1961, and Ile N•quirr nruls of
Ihl- said Department pnrnlanl No said rrgldalfons; and Illi- obligaOnn of Ill.. It onlrariur tar of her I its comply Ifierrwfile
inures It, Ili.- benefit of Ihr lhlffed Sla frs, thesaid Department, and the Local Aulhnril)•, any of which shall lar volflled
Io invoke any remedies availabdr by law let rrdrens any herurL ier•nf 1,r to rnngrl comphaner therewith by ill,
IFine l rarlcar or oliva,'
I'Li, nnh,relfnn (b) suprrsvdrS snLvrlfoN (a) alloys- will, respect In all 1'r4ijrrls c(everrd by ILle,mbaoion (h) except insofar am said %ohsrrlion (a)
ptolobil. discrimination Is -calls, of rrrrd."
Such ret drarls wdl also provide That list- Loral Aulborily's failurr In comply with Illy foregoing provision of Nllerlll(,n (A)I. will ronseilltr a suLaaulial
defilade nndrr Inv ...... leave by acumen of whirh III,- Loral Aolhorify,al Ibr opIInn of [lar c0lopr onrnl, shall ronv'ry Help Its, tar deliver possta,ion of, lite
projrrl or projects In Ili, Government.
2. Nrifhw III-- execution of Ili, Conlnrl, onrlily act, fn pimilanrr flo'r•nf ehall hr rumxlmrd its ro sflhlfimg any legal obligation by the Govern.
"wall to easier mals illy annual rnneribmaions contract he connection will, any low-r•nl huuxing proj,clx, it Iriug expressly undersl"od that Ihr Government
will, ill its mgr dixerelion, delroolor whether or nor Marl, .111111121 ennlribulionx!,,attract or contract, s1l211 I"• entered pill(,.
(Il)
11111111 file recreation "fall annual contributions contract orionredmmol thermal ((it ;lily dwelling unilm comprising a project covered ley an
p approved drvrlopuu'lll program prepared punnlant let this Cunlretcl, Ihr obligations of the parties under this Contract with rr,pecl to match dwelling slide,
,hall Irnnintl- :east] file Loral Aulhorlly shall use ally funds Ireumhhg available colder such ov11tal else, lri lite Items rnnlFeet fear the development of xucln
dwrlliug outs far pile plymrul of o11lManding Preliminary Notesor Tr opormy Notes related In (I ) file unpaid intural aecreed on all such outstanding
i III rgi:d In ( I ) the unp.1bl inrr•ml aremrd can all Mels ouNil still ing Notes In ill,- (fair of payment. (2) flip full roll less any Amnunl of such comp
Idovrlofom applied In Ihr payment of such Notes. of all prelhninary houxingand rcnmumi, surveys I n dr by lite Loral Authority pursuant In this Contract
Mill (:1) alp oahrr rumen (of prrlinuilwry mrveyo, and pbmsing(inrluding adminlAlralive expo subleases) applirablr Io such dwelling tariffs.
Ser• 21. INghl of Government To Terminale Contract
I 'I'In• Gnvrrnment Reay at ally Iilso• by nulirc In If,, Lund'Jolhnrlly Ilerlarr lid, Contract it'roiiii sod if ( I ) III,. Lural AulLorily [sits uladc any fraulu,
f
Trail or willful misrepresentation of any maler(al face in any dnnnnent 1,r data subnhfllyd To Ill, Govrrnnr•ol am a hasbi for this Contract (re, as an inducement
To Ile, Govvr oncol let rolrr info [hie Conarel, or('!) plc Loral Aulhorily, in The def. rjo m: Holl of Ihp Government. plan drfaullyd In the performance of
any of its ubeigalium older pine provision' of pills C.onlnrL or (:i) The Intal gnvrrldnc Lo,h ,n ,ms meal 11116111' ag"NOPS leave fallyd or refused (u take ally
II anlilnl n•Ipiurd fair III,, murrl•ssf ll drvcopmrnl of a pow-rrell hnusfllg project or ..ra..,; ... Ihr „serllNon of an alunlal ronlribulko m contract, (it (4) for.
stroll In Anh rcllon (A) of S, r, 2 plat, ounds•r of dwrld1ng castle rnvrrrd by This Cool,... I, eon, .n, alp In serve as a basis for 11 fe.1rilalr project, or (5) IIs
I para) Authority shall fail to NlLmil to Ili• Government any drvrluptnrnl program m -,-I to hero out or Irforr lite dalr specified Therefor 61
i-mikerlion (A) mf Ser. 1: fYovided,'1'hal The Termination of This Cnnlrarl shall o,,, al,.•,., Ibe .bhotalion of Ihr Lamp ,lulhurfly No pay Ihr principal if
a :Mad inlrrr•,I un uuhl:onhng Prel6nfnan Null-, el- Tr op,nary Notes.
vi- .r•. Waiver or Aniendmrol
i
(A) arle, right tar triordy, which Dir Gnvrrnm•nl may h;rve under this Coulrlrl ,,.I) Il- mord 1,1 writing by pee Government wlhoul Ihr excretions /
of :1 n•w tar nliylpfemodal :nn'rne'o❑ ser let "'1111141 agn•r ll'ol of IIu• parlie, hereto Thi, "null art Rory Its. 11ni•nded To %'riling. aGq b
vs
a.a rev N1.11. NI PRINT Net OFFICE, 1977 --005-0aa 21170
. - I CEDAR RAPIDS s DES MOINES I _
IT
HUD 524
Rav, 11n1 9 rage G off I'axj
(D) No act of the Government (except the issuance of a waiver in writing), nor any omission by the Government to art, shall r01Mihre mar la• call,.
strued u a waiver of any provision of this Contractor of any default or breach - the Local Authority, No waiver by the Government or a specific drfaoll
or, bsaach under (his Contract &hall constitute a waiver of, or any agreement to waive, or a precedent fur waiving, any similar default or breach eub,,,lon fly •}
occurring hereunder. r
I
Src. 26. Sevuability, of provisions .
If may provision of this Contract is held invalid, the remainder of this Contract shall nut be affected thereby if such remainder of this Contract
would then continue to conform to the famous of the Act. To
i
Sec. 27. Interest of Mmben, Orriars, or Employees of Loral Authority
(A) Neither the Loral Authority nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangrngut in
connection with the performance of this Contract or any property included or planned to be included in any low-mull housing project in which any mender
officer, or employee of the Load Authority, or any member of the governing body of the locality in which the project is situated, or any member or lbs
governing body of lire locality in which the Authority was activated, or any other public official of such locality or localities who exerrisrs any to .puma I - -
bilitiu or rumetioos with aspect to the project during his trustee or furnace year thereafter has any interest, director indirect. lr any such present or loaner
member, officer, or employee of the Local Authority, or any such governing body member or such other public ofricial; of arch locality or lucalilirs in.
voluntarily acquires or has acquired prior to the beginning or his tenure any such interest, and if such interest is immediately disclosrd to file meal Amhurst)
and web disclosure u entered upon the minutca of the Loul Authority, tine Inial Authority, with Ihr prior approval of for ruvrnunenl, may waive the i
prohibition contained in this subsection: Provided, That any such prevent member, officer, or employer shall I'll participate in any action by Ibe !oral
Authority "falling to such contract, subcontract, "Management.
(R) The Local Authority shall Insert in all contracts enforced into in eoonce ion with the performance of this Contract or any pruprrly included ear
planted to be included in any low-rent housing project, std shall require its contractors to insert in each of its Hubcoolracln, Ibe following provision:
"Nu member, officer, or employee of the Luca) Authority, nu member of the governing body of the locality
in which the project is situated, no member of the governing boly of the locality in which the Intal Authority I'
was aclivated, and no other public official orsuch locality or loolilie, who exercises any fut¢lions car
resporia1dities with}eepeet to the project, during his !route or for one year thereafter shall have any interest, I
direct or indirect, in this contract or the prncceds Ihetrof."
(C) The provisions of the foregoing wieetias (A) and(B) of this Sec. 27 dull not be applicable to to purchavr or salr nr'remlwrwy Notes, or $
to the Ceneral Depositary AgreemeN, or fatuity tervitts the rales for which are fixed or controlled by a governmental agency. s
�i
Sec. 28. Alembera of haeal Aathaity Not W.iOraYy Wbk
s
No member or nffittr of the Local AuUrority atoll be individually liable cot my obligation assumed Ly Ibe local Authority hereunder.
.. Sec. 29. Inlerrt of bdenahr olsw 43s1s'te Y Cooper 7 ..
No member of or Delegate to the Cmper of lk United Stateaof America or Resident Caannissioner, shall be admitted In any stare or part of Wu
Contract or to any benefits which may arir therefrom.
_. Sec. 3O. Rights of'IYrd trtia .
Nothing contained in this Contract dA he eartrurd As creating or justifying any claim against the Government by any third party.
Sec. 31. MoAslar I)eaip
;r
The plans, drawings, &sal speafieRth s for udt Mating project shall follow the principle of modular carawre in every rase deemed feasible by the g'
Local Authority in order slut such pnothi my he built by cw tionW construction, onsite fabrication, factory IlMalulling, factory fabricalion, or anv
Mttl�i
combination of web eoion Ncdwda - ;
Scc. 32. Pvrar of forager bamdM ` Va nity ad Tis Cstrra i
The Local Authority eatifsn that all erhiGcus preeedrarl to the familial exearfon sad delivery of this Contract on its part love been complied with,
that all things nccewry to eohrlrMle Itch Cmttraet ib olid, ioalig, std Into nserrsent on At fictions and conditions and fns the purposes herin set forth
'.
have been done and have occurred, and Wel Ae execution and delivery o(this Cminel nn its part have Ire" arid am in all respects aul orixed in accord.
ante with law. The Covermeal similarly oreti(iea with refccence to its execution and delivery of this Contract.
IN WITNESS WHEREOF, the Local Authority and lite Government have caused this Contract In Ir exrenled and the meal Authority has caused
Ib sed to he hereunto Affixed and altealed all r of the Dale of This Contract first above written.
(SEAL)
ATTEST:
�i
it
CITY OF IOWA CITY, IOWA '
A IE STO eF41S, TY CLERK (local AuOmrily)
i
Icy JOHN i7R. B== ALMERp .�AYORYOu h
M
IINITED. nTES OF AMERICA
Secretary of tlut,iugand [)than Drrrlapmrnl
Il I Des 10 nes Service Offic
I
Norman C. Jurgens, Sup rvisor
c.rn it.-
CEDAR
;CEDAR RAPIDS DES MOINES I
i!
HUD -5412
'Rev. 9/70
IContract No. KC -9081
Project No. IA 22-3
V.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
NOTE SIGNATURE CERTIFICATE
We, the undersigned officers of City of Iowa City, Iowa
(herein called the "Local Authority") do hereby certify that, on the 30th
day of December , 19 89 we officially si e
Substituted gn d on behalf of the Local
Authority its Preliminary Note No. 1
dated Dec. 30, 1980
s
and payable to the United States of America or order, being, on the date
Of such signing and on the date hereof, the duly chosen, qualified and acting
officers authorized to execute said Rote and holding the offices indicated by
the official titles opposite our names; and that the corporate the
seal of
Local Authority appearing upon said Note and upon.this certificate is the
legally adopted, proper and Only Official seal of the Local Authority.
Witness our hands and said corporate seal this 30th
day
of December , 198a
Signature
Official Title SEAL
MAYOR
CITY CLERK
Signatures above and upon the above-described Note guaranteed as those of
the officers respectively designated.
221530-P
HUD -Wash„ D.C.
MICROFILMED BY
JORM MICR+LAE3
CEDAR RAPIDS • DES MOINES
1100SInG & CNPV1 V L C
rrn�..v 4•,:.��Uraanl
JA i i 51991
UES MOINFS, IOyI'll
SERVI"'---cE U-UFFIL° a ��
8
HUD -57!13
Peg. 1 of 7
November 1969
SUBSTITUTED
PRELIMINARY NOTE
No. 1
ra, Contract No. KC -9081
+� j Project No. IA 22-3
City of Iowa City, Iowa
(herein called the "Local Authority") for value received promises to pay on demand or to pay in any event
without demand forty years from the date of the Preliminary Loan Contract, to the United States of
America (herein called the "Government") or order an amount, with interest thereon to the date of
payment, equal to the aggregate amount of advances made to the Local Authority by the Government
pursuant to the Preliminary Loan Contract between the Local Authority and the Government. The date of
the Preliminary Loan Contract and the maximum aggregate amount of advances are as follows:
Date of the Preliminary Loan Contract: January 7, 1981
Maximum Aggregate Amount of Advances: S 69, 200.00
This Note is issued to aid in financing the preparation of preliminary surveys and planning of low -rent
housing pursuant to the Constitution, and statutes of the governmental entity specified below and herein
called the "State," and pursuant to provisions of a resolution (herein called the "Resolution') duly adopted
by the Local Authority on the date, as follows:
STATE RESOLUTION ADOPTED
IOWA December 30, 1980
Interest hereon shall accrue at the interest rate provided in the Preliminary Loan Contract only upon
the difference in amount from time to time between the aggregate amount of advances and the aggregate
amount of repayments of principal made on this Note. Each payment on account of this Note shall be
applied to interest then -accrued and the remainder to principal. Each advance, repayment,''and'interest
payment on this Note shall be duly recorded by the holder hereof, by date, amount and type, upon the
"Statement of Advances and Repayments on Account of Note" which is made a part of this Note whether
appearing on the reverse hereof or attached hereto. Both principal of and interest on this Note are payable'
at the office of the Secretary of Housing and Urban Development in the City of Washington;' D.C., in
lawful money of the United States of America.
The full faith and credit of the Local Authority are hereby pledged for the payment of the principal of
and interest on this Note.
As additional security for the equal and ratable payment of the principal of and interest on this Note,
together with all other notes issued pursuant to the Resolution, the Local Authority, to the fullest extent
permitted by the laws of the State, hereby pledges, mortgages, conveys, and grants, and by this Note and
the Resolution has so pledged, mortgaged, conveyed, and granted unto the Government its interest in all
the real and tangible personal property wheresoever situated which it has acquired or may hereafter acquire
in connection with or relating to the low -rent housing undertaken pursuant to the above -designated
Preliminary Loan Contract.
If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or
ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this
Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the
principal of and interest on this Note from other funds of the Local Authority as herein provided.
_
J CEDAR RAPIDS •DES MOINES
n
i
1
f'
;I
N
HUD -57!13
Peg. 1 of 7
November 1969
SUBSTITUTED
PRELIMINARY NOTE
No. 1
ra, Contract No. KC -9081
+� j Project No. IA 22-3
City of Iowa City, Iowa
(herein called the "Local Authority") for value received promises to pay on demand or to pay in any event
without demand forty years from the date of the Preliminary Loan Contract, to the United States of
America (herein called the "Government") or order an amount, with interest thereon to the date of
payment, equal to the aggregate amount of advances made to the Local Authority by the Government
pursuant to the Preliminary Loan Contract between the Local Authority and the Government. The date of
the Preliminary Loan Contract and the maximum aggregate amount of advances are as follows:
Date of the Preliminary Loan Contract: January 7, 1981
Maximum Aggregate Amount of Advances: S 69, 200.00
This Note is issued to aid in financing the preparation of preliminary surveys and planning of low -rent
housing pursuant to the Constitution, and statutes of the governmental entity specified below and herein
called the "State," and pursuant to provisions of a resolution (herein called the "Resolution') duly adopted
by the Local Authority on the date, as follows:
STATE RESOLUTION ADOPTED
IOWA December 30, 1980
Interest hereon shall accrue at the interest rate provided in the Preliminary Loan Contract only upon
the difference in amount from time to time between the aggregate amount of advances and the aggregate
amount of repayments of principal made on this Note. Each payment on account of this Note shall be
applied to interest then -accrued and the remainder to principal. Each advance, repayment,''and'interest
payment on this Note shall be duly recorded by the holder hereof, by date, amount and type, upon the
"Statement of Advances and Repayments on Account of Note" which is made a part of this Note whether
appearing on the reverse hereof or attached hereto. Both principal of and interest on this Note are payable'
at the office of the Secretary of Housing and Urban Development in the City of Washington;' D.C., in
lawful money of the United States of America.
The full faith and credit of the Local Authority are hereby pledged for the payment of the principal of
and interest on this Note.
As additional security for the equal and ratable payment of the principal of and interest on this Note,
together with all other notes issued pursuant to the Resolution, the Local Authority, to the fullest extent
permitted by the laws of the State, hereby pledges, mortgages, conveys, and grants, and by this Note and
the Resolution has so pledged, mortgaged, conveyed, and granted unto the Government its interest in all
the real and tangible personal property wheresoever situated which it has acquired or may hereafter acquire
in connection with or relating to the low -rent housing undertaken pursuant to the above -designated
Preliminary Loan Contract.
If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or
ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this
Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the
principal of and interest on this Note from other funds of the Local Authority as herein provided.
_
J CEDAR RAPIDS •DES MOINES
n
HUD 52513
P.p. 2 of 2
Novsmbv 1966
The pledges and other obligations of the Local Authority under this Note shall be discharged upon
payment of the entire indebtedness hereunder.
The Local Authority, for itself and its successors and assigns, hereby waives presentment, demand for
payment, protest and notice of dishonor, and hereby consents that the holder of this Note shall have the
right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local
Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or
forbearances whatsoever, or may release any of the security for this Note, without in any way affecting the
liability of the Local Authority hereunder.
No personal responsibility or accountability shall attach to any member of the Local Authority or to
any person executing this Note by reason of the execution or issuance hereof.
It is hereby certified, recited, and declared that this Note has been issued by the Local Authority to
aid in financing the preparation of preliminary surveys and planning of low -rent housing to provide dwelling
accommodations for persons of low •income, and that all acts, conditions, and things required by the
Constitution and statutes of the State to exist, happen, or be performed, precedent to and in the issuance
of this Note, have happened and have been performed in due time, form, and manner as required by law.
This Note shall not be a debt of any city, county, State, or political subdivision thereof or any municipality
and neither any city, county, State, or political subdivision thereof or any municipality shall be liable
hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local
Authority. This Note shall not constitute an indebtedness within the meaning of any constitutional or
statutory public debt limitation or restriction.
IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its
seal to be impressed hereon and attested by its proper officers thereunto duly authorized, and this Note to
be dated the 30th day of December '1980.
TY OF IOW ITY, A
U&MR Mayor
(SEAL)
ATTEST:
City Clerk
224040•P HUD -With.. D.C.
j
MICROFILMED BY _
JORM MICR;LAB;
CEDAR RAPIDS • DES MOINES :'�•'
i
HUD 52513
P.p. 2 of 2
Novsmbv 1966
The pledges and other obligations of the Local Authority under this Note shall be discharged upon
payment of the entire indebtedness hereunder.
The Local Authority, for itself and its successors and assigns, hereby waives presentment, demand for
payment, protest and notice of dishonor, and hereby consents that the holder of this Note shall have the
right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local
Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or
forbearances whatsoever, or may release any of the security for this Note, without in any way affecting the
liability of the Local Authority hereunder.
No personal responsibility or accountability shall attach to any member of the Local Authority or to
any person executing this Note by reason of the execution or issuance hereof.
It is hereby certified, recited, and declared that this Note has been issued by the Local Authority to
aid in financing the preparation of preliminary surveys and planning of low -rent housing to provide dwelling
accommodations for persons of low •income, and that all acts, conditions, and things required by the
Constitution and statutes of the State to exist, happen, or be performed, precedent to and in the issuance
of this Note, have happened and have been performed in due time, form, and manner as required by law.
This Note shall not be a debt of any city, county, State, or political subdivision thereof or any municipality
and neither any city, county, State, or political subdivision thereof or any municipality shall be liable
hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local
Authority. This Note shall not constitute an indebtedness within the meaning of any constitutional or
statutory public debt limitation or restriction.
IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its
seal to be impressed hereon and attested by its proper officers thereunto duly authorized, and this Note to
be dated the 30th day of December '1980.
TY OF IOW ITY, A
U&MR Mayor
(SEAL)
ATTEST:
City Clerk
224040•P HUD -With.. D.C.
j
MICROFILMED BY _
JORM MICR;LAB;
CEDAR RAPIDS • DES MOINES :'�•'
STATEMENT OF
ADVANCES AND REPAYMENTS ON ACCOUNT OF NOTE
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
I
i
I '
I
I
i
I
s�
1
r
3„1
2.1
s
r
i
y�q{�
Y,®
L5�
/II
f
1
1
eyti
i(
.vi 3
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
I
i
I '
I
I
i
I
1
HUD -9012
(il-6B)
EXTRACT FROM MINUTES OF MEETING
EXTRACT FROM THE MINUTES OF A Regular
MEETING OF THE Council
OF THE City of Iowa City
HELD ON THE 30th DAY OF December , 19 80
The Council of the City of Iowa City
met in regular meeting at
the Council Chambers, Civic Center in the City of
Iowa City , Iowa , at the place, hour,
and date duly established for the holding of such meeting.
The Mayor Balmer called the meeting to order and on roll call the
following answered present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera
Balmer
and the following were absent: None.
The Mayor declared a quorum present.
• r • * * ♦ * r a * • • r +r r r r �
233978-P
_..._. .... _.. ... ._........ JORM MICH4fLAo
g� CEDAR RAPIDS • DES MOINES
R E C E i v
HOUSING F NNFnN
FFC, P,A; r
JHII 51981
DES NOlfIES. 106VA
SERVICE OFFICE
I.
i
.
I.
I
I
R..
^,
n
CERTIFICATE OF RECORDING OFFICER
HUD -9011
(u-68)
I, Abbie Stolfus , the duly appointed, qualified
and acting City Clerk of the City of Iowa City
do hereby certify that the attached extract from the
minutes of the regular meeting of the City Council
Of the City of Iowa City , held on December 30, 1980.
is a true and correct copy of the original minutes of such meeting on file and of
record in so far as they relate to the matters set forth in the attached extract,
and I do further certify that each Resolution appearing in such extract is a true
and correct copy of a Resolution adopted at such meeting and on file and of record.
IN TESTIMIrf WBEREOF, I have hereunto set my hand and the seal of aa.id City
of Iowa City this 30th day of December , 1980 .
(SEAL)
--azz� azLL�
._
Abbie Stolfus, City Jerk
RECEIV[C
HOUSING E UNDAN DEVELUML14
FEDEPIAI "'Mji,ja
JHIi 51981
DES MOINES, IOWA
SERVICE UFPICE
I
I
i
-
LI
I
i
j
j
I
,
3/e.
GPO e,aa:3
I CEDAR RAPIDS - DES MOINES I
J
LI
I
J
l i
The following resolution was introduced by Neuhauser
I
read in full and considered:
1
1•x
1
I
o.
is
1 i
,1
1
I•
MUD."14
(1140)
Neuhauser moved that the foregoing resolution be
adopted as introduced and read, which motion was seconded by Erdahl
, and upon roll call the "Ayes" and "Nays" were as follows:
A YES
Erdahl NAYS
Lynch Balmer
Neuhauser Vevera
Perret
Roberts
The Mayor thereupon declared said motion carried and
said resolution adopted.
There being no further business to come before the meeting upon motion duly ms•le
and seconded, the meeting was adjourned,
RECEIVCD
j HOUSING G UIt9AN DEVEl0YnitNi
J,��i 51981
DES MOINES, 10VJA
SERVICE omci:
JORM MICRIkLAB ,.-.--
'ry CEDAR RAPIDS • DES MOINES
1
I
is
1 i
I•
r:
I
GENERAL CERTIFICATE
I, Abbie Stolfus, DO HEREBY CERTIFY as follows
1. That I am the duly appointed, qualified, and acting City Clerk of
the City of Iowa City (herein called the "Local Agency"). In such capacity,
I am custodian of its records and am familiar with its organization,
j membership, and activities.
2. That the proper and correct corporate title of the Local Agency is
the City of Iowa City, Iowa.
3. That the City of Iowa City, Iowa, was duly created pursuant to the
authority of the constitution and statutes of the State of Iowa including,
particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at
page 435, and was duly organized on the 4th day of July, 1839; and since the
date of its organization, the Local Agency has continued to exist without
interruption in the performance of its public corporate purposes.
4. That the names and dates of election or appointment, and the dates
of the beginning and ending of the terms of office, of the members of the
governing body of the Local Agency and of its principal officers are as
follows:
DATE OF
DATE OF COM-
DATE OF EXPIRA-
ELECTION OR
MENCEMENT OF
TION OF TERM
NAME & OFFICE (s)
APPOINTMENT
TERM OF OFFICE
OF OFFICE
John Balmer
I
GENERAL CERTIFICATE
I, Abbie Stolfus, DO HEREBY CERTIFY as follows
1. That I am the duly appointed, qualified, and acting City Clerk of
the City of Iowa City (herein called the "Local Agency"). In such capacity,
I am custodian of its records and am familiar with its organization,
j membership, and activities.
2. That the proper and correct corporate title of the Local Agency is
the City of Iowa City, Iowa.
3. That the City of Iowa City, Iowa, was duly created pursuant to the
authority of the constitution and statutes of the State of Iowa including,
particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at
page 435, and was duly organized on the 4th day of July, 1839; and since the
date of its organization, the Local Agency has continued to exist without
interruption in the performance of its public corporate purposes.
4. That the names and dates of election or appointment, and the dates
of the beginning and ending of the terms of office, of the members of the
governing body of the Local Agency and of its principal officers are as
follows:
6. None of the above-named officers is ineligible to hold or
disqualified from holding, under the provisions of applicable law, the
respective office, specified above, which he holds. Note: A question had
arisen as to the status of Councilman Robert Vevera who was elected November,
1975, and sworn in as Councilman in January, 1976. The Council has
determined not to seek a Declaratory Judgment.
7. None of the above-named Councilpersons is an officer or employee of
the City of Iowa City, Iowa. See note to Item G.
P.ECEIVEn
HOUSING R UROAn OEvEWrmLrol
JAJ 51981
DES MOINi.3, 101VA
SERVICE OFFICE x316
DORM MICRtLAB
CEDAR RAPIDS • DES MOINES
DATE OF
DATE OF COM-
DATE OF EXPIRA-
ELECTION OR
MENCEMENT OF
TION OF TERM
NAME & OFFICE (s)
APPOINTMENT
TERM OF OFFICE
OF OFFICE
John Balmer
Mayor
1/2/80
1/2/80
1/2/82
Councilman
11/6/79
1/2/80
1/2/84
Glenn E. Roberts
Mayor Pro tem
1/2/80
1/2/80
1/2/82
Councilman
11/8/77
1/2/78
1/2/82
Clemens Erdahl
Councilman
11/8/77
1/2/78
1/2/82
Lawrence Lynch
Councilman
11/6/79
1/2/80
1/2/84
Mary C. Neuhauser
Councilwoman
11/6/79
1/2/80
1/2/84
David Perret
Councilman
11/6/79
1/2/80
1/2/84
Robert A. Vevera
Councilman
11/8/77
1/2/78
1/2/82
Neal Berlin
City Manager
1/14/75
1/14/75
Indefinite
John.Hayek
City Attorney
10/2/73
1/2/80
1/2/82
Abbie Stolfus
City Clerk
9/1/70
1/2/80
1/2/82
5. Each of the
above-named officers required to do so
has duly taken
and filed his oath of
office and each of
them legally required
to give bond or
undertaking has filed
such bond or undertaking in form and amount
as required
by law and has otherwise
duly qualified
to act in the official
capacity above
designated, and each
is the acting officer
holding the respective office or
offices stated beside
his name.
6. None of the above-named officers is ineligible to hold or
disqualified from holding, under the provisions of applicable law, the
respective office, specified above, which he holds. Note: A question had
arisen as to the status of Councilman Robert Vevera who was elected November,
1975, and sworn in as Councilman in January, 1976. The Council has
determined not to seek a Declaratory Judgment.
7. None of the above-named Councilpersons is an officer or employee of
the City of Iowa City, Iowa. See note to Item G.
P.ECEIVEn
HOUSING R UROAn OEvEWrmLrol
JAJ 51981
DES MOINi.3, 101VA
SERVICE OFFICE x316
DORM MICRtLAB
CEDAR RAPIDS • DES MOINES
- Page 2
f _
11�)eral Certificate
8. Since October 7, 1980, there have been no changes in or amendments
to the charter, by-laws, ordinances, resolutions, or proceedings of the Local
Agency with respect to:
a) The time and place of and other provisions concerning regular
meetings of the Local Agency;
b) The provisions concerning the calling and holding of special
meetings of the Local Agency and the business which may be
taken up at such meetings;
c) The requirements concerning a quorum;
d) The manner in which the charter or by-laws of Local Agency may
be amended;
e) The requirements regarding the introduction, passage,
adoption; approval, and publication of resolutions,
ordinances, or other measures, relating to the approval and
execution of contracts and the authorization, award,
execution, or issuance of bonds, notes, or other obligations
of the Local Agency;
f) The officers required to sign, countersign, or attest
contracts, bonds, notes, or other obligations of the Local
Agency;
g) The office of the Local Agency; or
h) The seal of the Local Agency.
f On January 2, 1976, the City Council adopted a Home Rule Charter
for the City of Iowa City, Iowa. Said Charter was passed according and
pursuant to State law.
9. The seal impressed below, opposite my signature, is the duly
adopted, proper, and only official corporate seal of the Local Agency.
IN WITNESS WHEREOF,. I have hereunto set my hand and the duly adopted
official seal of the Local Agency this 30thday December
19 80
a
CEDAR RAPIDS • DES MOINES
ABBIE STOLFU5
CITY CLERK
HOUSIIly L Ck, nN EYE— l-0 M1_ IENi
F(CCRn� !.ry„Sr�C
JHiI
.1
I
i
1 �
L
i'
1�
1 1
3
I�
- Page 2
f _
11�)eral Certificate
8. Since October 7, 1980, there have been no changes in or amendments
to the charter, by-laws, ordinances, resolutions, or proceedings of the Local
Agency with respect to:
a) The time and place of and other provisions concerning regular
meetings of the Local Agency;
b) The provisions concerning the calling and holding of special
meetings of the Local Agency and the business which may be
taken up at such meetings;
c) The requirements concerning a quorum;
d) The manner in which the charter or by-laws of Local Agency may
be amended;
e) The requirements regarding the introduction, passage,
adoption; approval, and publication of resolutions,
ordinances, or other measures, relating to the approval and
execution of contracts and the authorization, award,
execution, or issuance of bonds, notes, or other obligations
of the Local Agency;
f) The officers required to sign, countersign, or attest
contracts, bonds, notes, or other obligations of the Local
Agency;
g) The office of the Local Agency; or
h) The seal of the Local Agency.
f On January 2, 1976, the City Council adopted a Home Rule Charter
for the City of Iowa City, Iowa. Said Charter was passed according and
pursuant to State law.
9. The seal impressed below, opposite my signature, is the duly
adopted, proper, and only official corporate seal of the Local Agency.
IN WITNESS WHEREOF,. I have hereunto set my hand and the duly adopted
official seal of the Local Agency this 30thday December
19 80
a
CEDAR RAPIDS • DES MOINES
ABBIE STOLFU5
CITY CLERK
HOUSIIly L Ck, nN EYE— l-0 M1_ IENi
F(CCRn� !.ry„Sr�C
JHiI
I
DF,r�,olr;;s
IOWA
F:C OFFIC[
I
i
1 �
L
i'
I
DF,r�,olr;;s
IOWA
F:C OFFIC[
I
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST THE
PRELIM\NARY LOAN CONTRACT FOR PROJECT NUMBER IA 22-3.
WHEREAhe City of Iowa City, Iowa (herein called the "Local Authority")
on Aug8, 1978 approved Resolution No. 78-363 authorizing the execution
of the iminary Loan Contract for Project No. IA 223; and
WHEREAS, the, Local Authority on October 21, 1980 approved Resolution No.
80-469 authorizing an amendment to the loan contract increasing the loan
from $9,600.00 to $69,200.00; and
WHEREAS, the U.VBSENT: nt of Housing and /ban Development has approved
the loan increa
NOW, THEREFORE,OLVED BY THE CI COUNCIL OF IOWA CITY, IOWA that
the Mayor is herized to exec to and the City Clerk to attest a
new Preliminarontract an all other necessary documents
reflecting the ioan amount
It was moved byan seconded by that the
resolution as rete , an upon roll call there were:
AYES:BSENT:
Passed and approved this _day of
ATTEST:
lmer
MICROFILMED BY
JORM MIC R+L AB
CEDAR RAPIDS • DES MOINES
hauser
1980.
Roeeiveei ^r �pmrov c{
0Th 6.e031 Clepaltmont
L .
a3IG
,I
1
i
i
f I
I
P
RESOLUTION NO. —
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST THE
PRELIMINARY LOAN CONTRACT FOR PROJECT NUMBER IA 22-3.
WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority")
on August 8, 1978 approved Resolution No. 78-363 authoring the execution
of the 0 eliminary Loan Contract for Project No. IA 22-3, and
WHEREAS, the Local Authority on October 21, 1980 approved Resolution No.
80-469 aut�rizing an amendment to the loan contract increasing the loan
from $9,600.0\0 to $69,200.00; and
WHEREAS, the USS. Department of Housing and an Development has approved
the loan increase.
NOW, THEREFORE, BF�IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that
the Mayor is hereb authorized to execute and the City Clerk to attest a
new Preliminary L an Contract avid all other necessary documents
reflecting the increa ed loan amount:
It was moved by
and seconded by that the
resolution as read be adoPtePT, and upon roll call there were:
AYES: NAYS :/ABSENT:
i
R
7
i
i
1
t
P
RESOLUTION NO. —
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST THE
PRELIMINARY LOAN CONTRACT FOR PROJECT NUMBER IA 22-3.
WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority")
on August 8, 1978 approved Resolution No. 78-363 authoring the execution
of the 0 eliminary Loan Contract for Project No. IA 22-3, and
WHEREAS, the Local Authority on October 21, 1980 approved Resolution No.
80-469 aut�rizing an amendment to the loan contract increasing the loan
from $9,600.0\0 to $69,200.00; and
WHEREAS, the USS. Department of Housing and an Development has approved
the loan increase.
NOW, THEREFORE, BF�IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that
the Mayor is hereb authorized to execute and the City Clerk to attest a
new Preliminary L an Contract avid all other necessary documents
reflecting the increa ed loan amount:
It was moved by
and seconded by that the
resolution as read be adoPtePT, and upon roll call there were:
AYES: NAYS :/ABSENT:
\ Balmer
Erdahl
Passed and approved this _day of
ATTEST:
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
, 1980.
Roeeivad .,^ Approv,:e
B Vne dehsi Cepa»monf
a
i
7
\ Balmer
Erdahl
Passed and approved this _day of
ATTEST:
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
, 1980.
Roeeivad .,^ Approv,:e
B Vne dehsi Cepa»monf
a
i
/ r
nJ
I� RESOLUTION N0. 80-539
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
j IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE I TO T6AR-7WD—
i COUNTRY ELECTRIC COMPANY
WHEREAS, Town and Country Electric Company of Iowa City, Iowa
has submitted the beet bid for the construction of
the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the contract for the construction of the above-named project is hereby
awarded to Town and Country Electric Company
, subject to the condition that
awardee secure adequate performance bond and insurance certificates.
2. That the Mayor is hereby authorized to sign and the City Clerk to attest the
contract for the construction of the above-named project, subject to the condition
that awardee secure adequate performance bond and insurance certificates.
It was moved by Vevera and seconded by Neuhauser
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer
Erdahl
x Lynch
x Neuhauser
a Perret
x Roberts
x Vevera
Passed and approved this 30tbdsy of December , 19 80
MAYOR
ATTEST:
CITY CLERK
MICROFILMED BY
JORM MICR+LAB
g
CEDAR RAPIDS • DES MOINES
,
/ at`'317
1
CONTRACT
THIS AGREEMENT, made and entered into this._, C/ day of
101 , by and between the City of Iowa City
party of the first part, hereinafter referred to as the "Owner" and
Town & Country Electric Company
party of the second part, hereinafter referred to as the "Contractor".
WITNESSETH:
That whereas the Owner has heretofore caused to be prepared certain plans,
specifications and proposal blanks, dated the day of ,
19�, for the Iowa City Downtown Electrical Revisions, Phase I
under the terms and conditions therein fully stated
and set forth, and
Whereas, said plans, specifications and proposal accurately, and fully
describes the terms and conditions upon which the Contractor is willing to
perform the work specified:
NOW, THEREFORE, IT IS AGREED:
1. That the Owner hereby accepts the attached proposal of the Contractor
for the work and for the sums listed therein.
2. That this Contract consists of the following component parts which
are made a part of this agreement and Contract as fully and
absolutely as if they were set out in detail in this Contract:
a. Addenda Numbers I.
b. "Standard Specifications for Highway and Bridge Construction",
Series of 1977, Iowa Department of Transportation, Highway
Division, plus current special provisions and• supplemental
specifications.
C. Plans
MICROFILMED BY
JORM MICR+LA6
s CEDAR RAPIDS • DES MOINES
3
i
i
i
I
_I
=,t
CONTRACT
THIS AGREEMENT, made and entered into this._, C/ day of
101 , by and between the City of Iowa City
party of the first part, hereinafter referred to as the "Owner" and
Town & Country Electric Company
party of the second part, hereinafter referred to as the "Contractor".
WITNESSETH:
That whereas the Owner has heretofore caused to be prepared certain plans,
specifications and proposal blanks, dated the day of ,
19�, for the Iowa City Downtown Electrical Revisions, Phase I
under the terms and conditions therein fully stated
and set forth, and
Whereas, said plans, specifications and proposal accurately, and fully
describes the terms and conditions upon which the Contractor is willing to
perform the work specified:
NOW, THEREFORE, IT IS AGREED:
1. That the Owner hereby accepts the attached proposal of the Contractor
for the work and for the sums listed therein.
2. That this Contract consists of the following component parts which
are made a part of this agreement and Contract as fully and
absolutely as if they were set out in detail in this Contract:
a. Addenda Numbers I.
b. "Standard Specifications for Highway and Bridge Construction",
Series of 1977, Iowa Department of Transportation, Highway
Division, plus current special provisions and• supplemental
specifications.
C. Plans
MICROFILMED BY
JORM MICR+LA6
s CEDAR RAPIDS • DES MOINES
3
n
d. Notice of Public Hearing and Advertisement for Bids.
I
e. Special Provisions
jf. Proposal
g. This Instrument
The above components are complementary and what is called for by one
shall be as binding as if called for by all.
3. That payments are to be made to the Contractor in accordance with and
subject to the provisions embodied in the documents made a part of
this Contract.
4. That this Contract is executed in 3 copies.
d
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals the date first written above.
ATTEST:
1
11. MIN I
L..
ntrac o�r/l `(Seal)
By �o
Title
ATTEST:
(Title) '
MICROFILMED BY
JORM MICR+LAS
c CEDAR RAPIDS • DES MOINES
=a
SUBMIT IN DUPLICATE
ALL BLANKS SHALL BE FILLED IN
BID FORM /'l) Page 1
IOWA CITY DOWNTOWN
ELECTRICAL REVISIONS, PHASE I
Iowa City, Iowa
BIDS RECEIVED: 10:00 AM CST 26 November 1980
To: City Clerk of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
In response to your request for Bids and in compliance with the Contract Re-
quirements, the undersigned proposes to furnish all labor, materials and
equipment, all supervision, coordination, all related incidentals necessary to
perform the
Iowa City Downtown
Electrical Revisions, Phase I
Iowa City, Iowa
in strict accordance with the Project Manual and the Drawings dated 5 Novem-
ber, 1980, including Addenda numbered 1 through inclusive, prepared
by HLM Engineers, for the Base Bid Lump Sum of:
BASE BID Nineteen thousand three hundred fifteen
Dollars (s 19,315.00 )
Bid Security in the form of certified check ( ), cashiers check ( ) or bid
bond (x) accompanies this proposal in the amount of 5% of the bid amount.
In submitting this Proposal, the undersigned agrees that the Bid will not be
withdrawn for a period of 30 consecutive calendar days following the date of
Bid Opening; further, that if a Notice to Proceed or if a prepared Agreement
provided by the Owner is received at the business address identified below
within the above named 30 day period, the undersigned will, within ten days of
such receipt, acknowledge acceptance of the contract award and will execute
and deliver the Agreement, the Performance, Labor and Material Payment Bond,
the certificates of insurance and will proceed in accordance with requirements
of the Contract Documents for this project and have the Project at Substantial
Completion at the earliest possible date.
MICROFILMED BY
JORM MICR+LAB
'I CEDAR RAPIDS - DES MOINES
�'
b
ti
�'
b
80036 i1 BID FORM !1 Page 2
The business address to which the Notice to Proceed may be mailed, telegraphed
or otherwise delivered is
Iowa City,Iowa 52240'
1218 Highland Ct.
Signed: Town 6 Country Electric Company
Firm or Corporate Name
MICROFILMED By
ggo
JORM MICR+LAB
1', ^ CEDAR RAPIDS • DES MOI_]
NES
• ,.�.Bond No. 403 844
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS THAT Town & Country Electric Company
HiRhland Court
ress or
a Principal, hereinafter called the Contractor and Merchants mutual
Bonding company as Surety, hereinafter
Here insert the ledal title nt t o Suraty
called the Surety, are held and firmly bound into the City of Iowa City, Iowa,
as obligee, hereinafter called the Owner, in the amount of Nineteen Thousand
Three Hundred Fifteen and No/100----Dollars ($ 19,315.00-----4 for the payment
d
whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Contractor has by written agreement dated GLS ,
1981 , entered into a Contract with Owner for
IOWA CITY DOWNTOWN FLFCTEICAL R VISTONS PHASF 7
In accordance with plans and specifications prepared by the City of Iowa
City, which Contract is by reference made a part hereof, and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if
Contractor shall promptly and faithfully perform said Contract, then the
obligation of this bond shall be null and void; otherwise it shall remain in
full force and effect.
The Surety hereby waives notice of any alteration or extension of
time made by the Owner.
Whenever Contractor shall be, and is declared by Owner to be, in
default under the Contract, the Owner having performed Owner's obli-
MICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
i j
A.
8.
n
I
ii
l
Y
L
The Surety hereby waives notice of any alteration or extension of
time made by the Owner.
Whenever Contractor shall be, and is declared by Owner to be, in
default under the Contract, the Owner having performed Owner's obli-
MICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
i j
i
j
i,
MICROFILMED '•!
JORM MIC #LAB
CEDAR RAPIDS • DES MOINES
1
I
gations thereunder, the Surety may promptly remedy the default, or
shall promptly:
1. Complete the Contractor in accordance with.its terms and
conditions, or
2. Obtain a bid or bids for submission to Owner for completing the
i
Contract in accordance with its terms and conditions, and upon
determination by Owner and Surety of the lowest responsible
bidder, arrange for a contract between such bidder and Owner,
6
and make available as work progresses (even though there should
be a default or a succession of defaults under this paragraph)
sufficient funds to pay the cost of completion less the balance
of the Contract Price; but not exceeding, including other costs
and damages for which the Surety may be liable hereunder, the
it
amount set forth in the first paragraph hereof. The term
r
"balance of the Contract Price", as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under
the Contract and any amendments thereto, less the amount
properly paid by Owner to Contractor.
C. The Contractor and his Surety shall, in accordance with the
provisions of Section 384 of the Code of Iowa be obligated to keep
L
r
the improvements covered by this bond in good repair for a period of
one 1 years from the date of acceptance of the improvements by
a
the Owner.
D. No right of action shall accrue to or for the use of any person or
corporation other than the Owner named herein or the heirs,
executors, administrators or successors of Owner.
i
MICROFILMED '•!
JORM MIC #LAB
CEDAR RAPIDS • DES MOINES
1
W
IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety
shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay
to all persons, firms or corporations having contracts directly with the
principal or with subcontractor all just claims due them for labor performed
or materials furnished in the performance of the contract on account of which
this bond is given. The provisions of Chapter 573, Code of Iowa, are a part
of this bond to the same extent as if they were expressly set out herein.
SIGNED AND SEALED THIS DAY OFu_, A.D., 19_YL-
IN THE PRESENCE OF:
Town & Country Electric C mpany
Principal
Witness(Title)
Merchants Mutual Bonding Com anv_ •��j;
.(Surety)
J es E. Thomps i1Attorney'- In -Pact -
,i
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
J
Y
i
t
L'I
�. Yn
V3
6
L�
I
d
W
IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety
shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay
to all persons, firms or corporations having contracts directly with the
principal or with subcontractor all just claims due them for labor performed
or materials furnished in the performance of the contract on account of which
this bond is given. The provisions of Chapter 573, Code of Iowa, are a part
of this bond to the same extent as if they were expressly set out herein.
SIGNED AND SEALED THIS DAY OFu_, A.D., 19_YL-
IN THE PRESENCE OF:
Town & Country Electric C mpany
Principal
Witness(Title)
Merchants Mutual Bonding Com anv_ •��j;
.(Surety)
J es E. Thomps i1Attorney'- In -Pact -
,i
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
J
i
i
i
s
B
0
MERCHANT'., ' UTUAL BONDING" .;COMPANY
DES MOINES, IOWA
POWER OF ATTORNEY
Know All Men Ny These Presents, dill the Mr.'RMAxTx strum. aom)ING CIWPssv. a corporation duly orpnimd under the laws of
III Stale of Iowa, cad having its principal office in the City of Des Moinc\. County of Polk. State of Iowa, hath made. contiluted and
appointed, and does by these prescnis make, constitute and appoint INDIVIDUALLY
C.B. Condon, G.A. LaMair II, Carl J. (rant Jr., James E. Thar on, James P.
Norris, F. Melvyn Hrubetz
of (sys� �p� and State or IQOa its true and lawful Allomey'-in-Fact, with full power
and auth�yIt", y c'erred in its name. place and stead, to sign, execute, aeknow1cdge and deliver in its behalf us surety:
Any or all bends or undertakings, provided
that no bond or undertaking executed under
this authority shall exceed in alum the
sum of Cts M11MCI1 DOLIARB ($1,000,000.00)
and to bind the MERCHANTS MUTUAL BONDING COMPANY hereby as fully and to the same extent as if such band or
undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY. and all the acts of
said Attomey, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of•Attomey is made and executed pursuant to and by authority of he following By -Law adopted by he Board of
Directors of the MERCHANTS MUTUAL BONDING COMPANY.
ARTICLE 2. SECTION SA. -"The Chadman of the Board or President or any Vice President or Secretary shall have power
and authority to appoint Attorneys -in -Fact, and to authorize them to execute an behalf of the Company, and attach the Seal of
the Company thereto, bonds and undertakings, necognizances, contracts of indemnity and other writings obligatory in the
nature thereof."
In Witness Whereof. MERCHANTS MUTUAL BONDING COMPANY has sauced these presents to he signed by, its President
arta Vice President, and its corporate seal In be hereto affixed, his 22nd d;p' of
'
Attest:A,D., 1979
MERCHANTS MUTUAL BONDING COMPANY
By
w, r rr.;Jre,
STATE OF IOWA
COUNTY OF POL.K } °"""'•"
xs.
On his 22nd day of May
.19 and William Warner, to me personally knnwn. who being by me duly scorn did say hal hey are PrnNOCIItmnd V of ePmsilleat rcspea
lively of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instntment. and that the
Seal affixed to he said intntmcnt is the Corporate Sc:d of he suit Corporation and that he said invuumeni was signet and sealed In
behalf of said Corporalion by authority arils Baud of Wecon%.
In Tndmony Whereof, I have hereunto set my hand and affixed by Official Seal, at he City of Des Maines, Iowa the Cay and year
first above written. j`
• _ ^ A .\'„ran P.Alir. AJI ('n,r.ry,
9-30-81
i` n �r STATEOF IOWA
,
'IR IALS COUNTY OFPOLK
antra"
). William Wumer, Vice President of the MERCHANTS MUTUAL RONDIN(
hat the above and foregoing is a true and correct copy of he POWER OF
MERCHANTS BONDING COMPANY, which Is stili In force and effect.
In Witness Whereof. 1 have hereunto set my hand and uffiaed the seal of the Company, at
this day of 14.
C6
This Power of auomey expires Until Revoked
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
a s3
I
0
,
Iowa City, Iowa, December 30, 1960.
The City Council of Iowa City, Iowa, met on the above date
at 7:30 o'clock P.M., in open regular session, in the Council
Chambers, Civic Center, in Iowa City, Iowa, 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
I I
present: !
I:
Erdahl, Lynch, Neuhauser, �I
Perret, Roberts, Vevera
l
Absent:
None
I r
I ,
1. L......
1
• I
-1-
AHLERS. COONEY. DORWEILER. HAYNICS SMITH. LAWYERS, DES MOINES, IOWA
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
IF
,l
i
1
I
I
I_
I
Iowa City, Iowa, December 30, 1960.
The City Council of Iowa City, Iowa, met on the above date
at 7:30 o'clock P.M., in open regular session, in the Council
Chambers, Civic Center, in Iowa City, Iowa, 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
I I
present: !
I:
Erdahl, Lynch, Neuhauser, �I
Perret, Roberts, Vevera
l
Absent:
None
I r
I ,
1. L......
1
• I
-1-
AHLERS. COONEY. DORWEILER. HAYNICS SMITH. LAWYERS, DES MOINES, IOWA
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
IF
Matters were discussed relative to final authorization and
issuance of $1,600,000 in aggregate principal amount of the
i
City's Industrial Development Revenue Bonds (Younkers, Inc.
Project) Series 1980. Following a report on the proposed
Project by representatives of said Company and a discussion of
the Bond issue, Council Member Vevera introduced the
following Resolution in written form and moved its adoption.
Council Member Neuhauser 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: Erdahl. Lynch Neuhauser, Perret
Roberts Vevera Balmer
NAYS: None
I
The Resolution was thereupon signed by the Mayor and in
Ievidence of his approval, was attested by the City Clerk, and
was declared to be effective. The Resolution is as follows:
-2-
AHLCRS. COONCY. DOOWCILCR. HAYNICASMITH, LAWYERS, D[0 M01NCS. IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
RESOLUTION NO. 80-540
RESOLUTION AUTHORIZING THE ISSUANCE OF $1,600,000 IN
AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY,
IOWA, INDUSTRIAL DEVELOPMENT REVENUE BONDS (YOUNKERS,
INC. PROJECT) SERIES 1980, WITH THE PROCEEDS FROM THE
SALE OF THE BONDS TO BE LOANED TO YOUNKERS, INC., A
DELAWARE CORPORATION DULY QUALIFIED AND AUTHORIZED TO
DO BUSINESS IN THE STATE OF IOWA, FOR THE PURPOSE OF
DEFRAYING THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING
AND EQUIPPING A COMMERCIAL ENTERPRISE LOCATED WITHIN THE
CITY OF IOWA CITY, IOWA, CONSISTING OF THE ACQUISITION,
CONSTRUCTION, IMPROVING AND EQUIPPING OF CERTAIN RETAIL
FACILITIES; THE EXECUTION AND DELIVERY OF AN INDENTURE
OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELI-
VERY OF A LOAN AGREEMENT BETWEEN THE CITY AND YOUNKERS,
INC.; THE ASSIGNMENT BY THE CITY TO THE TRUSTEE OF THE
RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN
' AGREEMENT; THE SALE OF SAID BONDS; APPOINTMENT OF A
TRUSTEE; AND RELATED MATTERS.
WHEREAS, the City of Iowa City, Iowa ( the "City'')
to issue its Industrial Development Revenue Bonds proposes
(Younkers,
Inc. Project) Series 1980, in the aggregate principal amount of
$1,600,000 (the "Bonds") with the proceeds from the sale of the
Bonds to be loaned by the City to Younkers, Inc., a Delaware
corporation duly qualified and authorized to do business in the
State of Iowa (the "Company"), for the purpose of defraying the
cost Of the acquisition, construction, improving and equipping
Of certain fixtures, equipment and miscellaneous appointments
to be installed in an existing building to be leased from Old
Capital Associates, all to.be suitable for use as a commercial
enterprise consisting of retail facilities and to be located
within the City of Iowa City, Iowa (the "Project"), the Project
to be owned by Company, with the financing of the Project to be
undertaken in accordance with the provisions of Chapter 419 of
the Code of Iowa (the "Act") and Chapter 403 of the Code of
I Iowa; and
WHEREAS, the City has determined the Project is located
within the area of and is consistent with and authorized by the
iCity's Project No. Iowa R-14 Urban Renewal Plan (the "Urban
Renewal Plan"), and there is a public need in the City and its
surrounding environs for implementation of the Urban Renewal
Plan, which will promote urban renewal, rehabilitation and
redevelopment of the City, will eliminate blighted areas within
the City and will provide employment opportunities
dents of the City and for resi-
the surrounding area; will enhance the
tax base of the City and overlapping taxing jurisdictions and
0
-3-
AHLERS. COONEY' DORWEI"", HAYNIE A SMITH, LAWYERS. DES MOINES, IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
I
a31�
%m
will provide and induce other public benefits which will add to
the health, safety and general welfare of the residents of the
City and the surrounding area; and
WHEREAS, the proceeds from the sale of the Bonds are to be
loaned by the City to the Company pursuant to provisions of a
Loan Agreement (the "Loan Agreement") dated as of December 1,
1980, between the City and the Company; and
WHEREAS, the rights and interest of the City in and to the
Loan Agreement will be assigned by the City to the Trustee pur-
suant to the Indenture; and
WHEREAS, pursuant to published notice of intention this
City Council has conducted a public hearing, as required by
I Section 419.9 of the -Act, and this City Council has deemed it
to be in the best interests of the City that the Bonds be
issued as proposed; and
WHEREAS, the City has arranged for the sale of the Bonds to
Dain Bosworth Incorporated (the "Underwriter"); and
WHEREAS, there has been presented to this meeting the
following documents, which the City proposes to enter into:
1. The form of Loan Agreement, between the City and
Company; and
2. The form of Indenture of Trust dated as of December 1,
1980 (the "Indenture'"), between the City and University Bank
and Trust Company, of the City of Ames, Iowa, as Trustee
thereunder (the "Trustee") setting forth the terms of the Bonds
and the conditions and security for payment of the Bonds; and
3. The form of Bond Purchase Agreement dated December 30,
1980 (the "Bond Purchase Agreement"), between the Underwriter,
the Company and the City relating to the issuance, sale and
purchase of the Bonds; and
4. The form of an Inducement and Indemnity Letter dated
December 30, 1980 (the "Inducement Letter") from the Company to
the City and the Underwriter; and
5. The. form of the Bonds, as set forth in the Indenture.
WHEREAS, it appears that each of the instruments above
referred to, which are now before each of the Council Members
of the City Council, is in appropriate form and is an appro-
priate instrument for the purposes intended;
-4-
AHLERS. COONEY, DORW EILER• HAYN IE & SMITH, LAWYERS. DES MOINES. IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
i
will provide and induce other public benefits which will add to
the health, safety and general welfare of the residents of the
City and the surrounding area; and
WHEREAS, the proceeds from the sale of the Bonds are to be
loaned by the City to the Company pursuant to provisions of a
Loan Agreement (the "Loan Agreement") dated as of December 1,
1980, between the City and the Company; and
WHEREAS, the rights and interest of the City in and to the
Loan Agreement will be assigned by the City to the Trustee pur-
suant to the Indenture; and
WHEREAS, pursuant to published notice of intention this
City Council has conducted a public hearing, as required by
I Section 419.9 of the -Act, and this City Council has deemed it
to be in the best interests of the City that the Bonds be
issued as proposed; and
WHEREAS, the City has arranged for the sale of the Bonds to
Dain Bosworth Incorporated (the "Underwriter"); and
WHEREAS, there has been presented to this meeting the
following documents, which the City proposes to enter into:
1. The form of Loan Agreement, between the City and
Company; and
2. The form of Indenture of Trust dated as of December 1,
1980 (the "Indenture'"), between the City and University Bank
and Trust Company, of the City of Ames, Iowa, as Trustee
thereunder (the "Trustee") setting forth the terms of the Bonds
and the conditions and security for payment of the Bonds; and
3. The form of Bond Purchase Agreement dated December 30,
1980 (the "Bond Purchase Agreement"), between the Underwriter,
the Company and the City relating to the issuance, sale and
purchase of the Bonds; and
4. The form of an Inducement and Indemnity Letter dated
December 30, 1980 (the "Inducement Letter") from the Company to
the City and the Underwriter; and
5. The. form of the Bonds, as set forth in the Indenture.
WHEREAS, it appears that each of the instruments above
referred to, which are now before each of the Council Members
of the City Council, is in appropriate form and is an appro-
priate instrument for the purposes intended;
-4-
AHLERS. COONEY, DORW EILER• HAYN IE & SMITH, LAWYERS. DES MOINES. IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
NOW, THEREFORE, Be It Resolved by the City Council of the
City of Iowa City, Iowa, as follows:
Section 1. That the City defray the cost of acquiring,
constructing, improving and equipping a commercial enterprise
consisting of a retail facility located within the City of Iowa
City, Iowa, and located within the area of and consistent with
the Urban Renewal Plan (the "Project") by issuing the Bonds and
loaning the proceeds of the sale'of the Bonds to Company.
Section 2. That in order to defray the cost of the
Project, the issuance of the Bonds in the aggregate principal
amount of $1,600,000, maturing on such dates, in such amounts
and bearing rates of interest as set forth in the Indenture, in
substantially the form and content set forth in the Indenture
now before this meeting, subject to appropriate insertion and
revision in order to comply with provisions of the Indenture,
be and the same hereby are in all respects authorized, approved
and confirmed, and the form and content of the Bonds set forth
in the Indenture now before this meeting be and the same hereby
are in all respects authorized, approved and confirmed, and the
Mayor and the City Clerk be and they hereby are authorized,
empowered and directed to execute, whether by manual or fac-
simile signatures, impress the official seal of the City (or
cause •to have printed a facsimile thereof) thereon and deliver
for and on behalf of the City the Bonds to the Trustee for
authentication and the Trustee is hereby authorized and
directed to authenticate the Bonds, and the provisions of the
Indenture with respect to the Bonds (including without limita-
tion the maturity dates, rates of interest and redemption
provisions) be and the same hereby are authorized, approved and
confirmed and are incorporated herein by reference.
Section 3. That the City loan to Company the proceeds from
the sale of the Bonds pursuant to the Loan Agreement, which
provides for repayment by Company of such loan in an amount
equal to principal of, premium, if any, and interest on the
Bonds when and as due, and the form and content of the' Loan
Agreement, the provisions of which are incorporated herein by
reference, be and the same hereby are in all respects autho-
rized, approved and confirmed and the Mayor and the City Clerk
be and they hereby are authorized, empowered and directed to
execute, attest, seal and deliver the Loan Agreement prior to
or simultaneously with the issuance of the.Bonds for and on
behalf of the City, including necessary counterparts in
substantially the form and content now before this meeting
but with such changes, modifications, additions or deletions
therein as shall to them seem necessary, desirable or appro-
priate, their execution thereof to constitute conclusive evi-
dence of their approval of any and all changes, modifications,
-5-
AHLERS. COONEY. DORWEILER, HAYNIE 6 SMITH. LAWYERS, DES MOINES. IOWA
a318
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
Loanadditions or deletions therein from the form and content of the
the
executiontandnow
delivverythis
themeeting,
Loan Agreement,or
fthe Mavfand
the .City Clerk are hereby authorized, empowered and directed to
do all such acts and things and to execute all such documents
as may be necessary to carry out and comply with the provisions
of the Loan Agreement as executed.
Section 4. That University Bank and Trust Company, of the
City of Ames, Iowa, is hereby appointedTrustee under the
Indenture and the form and content of the Indenture, the provi-
sions of which are incorporated herein by reference, and the
assignment of the City's rights and interest in and to the Loan
Agreement (with certain exceptions as stated in the Indenture)
be and the same hereby are in all respects authorized, approved
and confirmed, and the Mayor and the City Clerk be and they
hereby are authorized, empowered and directed to execute,
attest, seal and deliver the Indenture for and on behalf of the
City to the Trustee for the security of the Bonds and the
interest thereon, including necessary counterparts in substan-
tially the form and content now before this meeting but with
such changes, modifications, additions and deletions therein as
shall to them seem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of their
approval of any and all changes, modifications, additions or
deletions therein from the form and content of the Indenture
now before this meeting, and that from and after the execution
and delivery of the Indenture, the Mayor and the City Clerk are
hereby authorized, empowered, and directed to do all such acts
and things and to execute all such documents as may be
necessary to carry out and comply with the provisions of the
indenture as executed.
Section 5. That the sale of the Bonds to the Underwriter
at the purchase price of 98.3758 of the par value thereof plus
accrued interest from December 1, 1980 to the date of delivery,
subject to the terms and conditions set forth in the Bond Pur-
andsthatrtheeform1andhereby
contentauthorized,
BondpPurchasedAgreementdbe
and the
the Mayor abe,me handbheaherebytisrauthorized, rovem and confirmed and
directed to accept and deliver to the Underwriterred
thea and
Purchase Agreement for and on behalf of the City, including
necessary counterparts in the form and content now before this
meeting, and that from and after - the acceptance and delivery of
the Bond Purchase Agreement, the Mayor and the City Clerk are
hereby authorized, empowered and directed to do all such acts
and things and to execute all such documents as may be neces-
sary to carry out and comply with the provisions of the Bond
Purchase Agreement as accepted.
AHLERS. COONEY. DORWEILER, FIAINIE 5 SMITH. LAWyCRs. DES MOINES, IOWA
MICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
x318
MAI
.pa: cblt911:
�1
J{1 IIIA I
Section 6. That the form and content of the Inducement
Letter be and the same hereby are authorized, approved and
confirmed and the Mayor be, and he hereby is, authorized,
empowered and directed to accept the Inducement Letter for and
on behalf of the City by execution thereof, including necessary
counterparts in the form and content now before this meeting,
and that from and after the execution and delivery of the
Inducement Letter, the Mayor and the City Clerk are hereby
authorized, empowered and directed to do all such acts and
things and to execute all such documents as may be necessary to
carry out and comply with the provisions of the Inducement
Letter as executed.
Section 7. That the Mayor and the City Clerk of the City
be and they hereby are authorized to execute and deliver for
and on behalf of the City any and all additional certificates,
documents, opinions or other papers and perform all other acts
(including without limitation the filing of any financing sta-
tements or any other documents to create and maintain a
security interest on the properties and revenues pledged or
assigned under the Indenture and the Loan Agreement and the
execution of all closing documents as may be required by
Messrs. Ahlers, Cooney, Dorweiler, Haynie & Smith, as Bond
Counsel, and the acceptance of any documentation evidencing
indemnification of the City by Company in connection with the
transactions contemplated hereby) as they may deem necessary or
appropriate in order to implement and carry out the intent and
purposes of this Resolution.
Section B. That the City hereby elects to have the provi-
sions as to the exempt small issue limitation of $10,000,000
under Section 103(b)(6)(D) of the Internal Revenue Code of
1954, as amended, apply to the Bonds, and the Mayor or the
Clerk is hereby directed to file or cause to be filed an
appropriate statement relating to such election with the
Internal Revenue Service.
Section 9. That the Loan Agreement requires Company in
each year to pay amounts as Loan Payments sufficient to pay the
principal of, premium, if any, and interest on the Bonds when
and as due, and the payment of such amounts by Company to the
Trustee pursuant to the Loan Agreement is hereby authorized,
approved and confirmed.
Section 10. That the Bonds are limited obligations of the
City, payable solely out of the Loan Payments required to be
paid by Company pursuant to and in accordance with provisions
of the Loan Agreement and as provided in the Indenture, and are
secured pursuant to and in accordance with provisions of the
i
I
MAI
.pa: cblt911:
�1
J{1 IIIA I
Section 6. That the form and content of the Inducement
Letter be and the same hereby are authorized, approved and
confirmed and the Mayor be, and he hereby is, authorized,
empowered and directed to accept the Inducement Letter for and
on behalf of the City by execution thereof, including necessary
counterparts in the form and content now before this meeting,
and that from and after the execution and delivery of the
Inducement Letter, the Mayor and the City Clerk are hereby
authorized, empowered and directed to do all such acts and
things and to execute all such documents as may be necessary to
carry out and comply with the provisions of the Inducement
Letter as executed.
Section 7. That the Mayor and the City Clerk of the City
be and they hereby are authorized to execute and deliver for
and on behalf of the City any and all additional certificates,
documents, opinions or other papers and perform all other acts
(including without limitation the filing of any financing sta-
tements or any other documents to create and maintain a
security interest on the properties and revenues pledged or
assigned under the Indenture and the Loan Agreement and the
execution of all closing documents as may be required by
Messrs. Ahlers, Cooney, Dorweiler, Haynie & Smith, as Bond
Counsel, and the acceptance of any documentation evidencing
indemnification of the City by Company in connection with the
transactions contemplated hereby) as they may deem necessary or
appropriate in order to implement and carry out the intent and
purposes of this Resolution.
Section B. That the City hereby elects to have the provi-
sions as to the exempt small issue limitation of $10,000,000
under Section 103(b)(6)(D) of the Internal Revenue Code of
1954, as amended, apply to the Bonds, and the Mayor or the
Clerk is hereby directed to file or cause to be filed an
appropriate statement relating to such election with the
Internal Revenue Service.
Section 9. That the Loan Agreement requires Company in
each year to pay amounts as Loan Payments sufficient to pay the
principal of, premium, if any, and interest on the Bonds when
and as due, and the payment of such amounts by Company to the
Trustee pursuant to the Loan Agreement is hereby authorized,
approved and confirmed.
Section 10. That the Bonds are limited obligations of the
City, payable solely out of the Loan Payments required to be
paid by Company pursuant to and in accordance with provisions
of the Loan Agreement and as provided in the Indenture, and are
secured pursuant to and in accordance with provisions of the
i
I
-7- I
AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS, DES MOINES. IOWA
a3i8
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS . DES MOINES
M
i
i
I
-7- I
AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS, DES MOINES. IOWA
a3i8
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS . DES MOINES
M
i
Indenture. The Bonds and interest thereon shall never consti-
tute an indebtedness of the City, within the meaning of any
state constitutional provision or statutory limitation, and
shall not give rise to a pecuniary liability of the City or a
charge against its general credit or taxing powers.
i
Section 11. That the provisions of this Resolution are
hereby to be separable and if any section, phrase or provision
shall for any reason be declared to be invalid, such declara-
tion shall not affect the validity of the remainder of the sec-
tions, phrases or provisions.
Section 12. All Resolutions and Orders or parts.thereof,
in conflict herewith are, to the extent of such conflict,
hereby repealed and this Resoluti-n shall be in full force and
effect immediately upon its adoption.
Adopted and approved this 30th day of December, 1980.
City of Iowa City, Iowa
(Seal) � /�� /
Z 1�- ...___111--/�1/ 1`
ohn R. Balmer, Mayor
Attest:
Abbie gtolfus C'
1ty lerk
I
i
i
i
1 ;
-8-
AHLERS. COONEY. DORWEILER, HAYNIE A SMITH. LAWYERS, DES MOINES, IOWA
MICROFILMED BY
JORM MICR+LA13
CEDAR RAPIDS • DES MOINES
M
t
I
i
Indenture. The Bonds and interest thereon shall never consti-
tute an indebtedness of the City, within the meaning of any
state constitutional provision or statutory limitation, and
shall not give rise to a pecuniary liability of the City or a
charge against its general credit or taxing powers.
i
Section 11. That the provisions of this Resolution are
hereby to be separable and if any section, phrase or provision
shall for any reason be declared to be invalid, such declara-
tion shall not affect the validity of the remainder of the sec-
tions, phrases or provisions.
Section 12. All Resolutions and Orders or parts.thereof,
in conflict herewith are, to the extent of such conflict,
hereby repealed and this Resoluti-n shall be in full force and
effect immediately upon its adoption.
Adopted and approved this 30th day of December, 1980.
City of Iowa City, Iowa
(Seal) � /�� /
Z 1�- ...___111--/�1/ 1`
ohn R. Balmer, Mayor
Attest:
Abbie gtolfus C'
1ty lerk
I
i
i
i
1 ;
-8-
AHLERS. COONEY. DORWEILER, HAYNIE A SMITH. LAWYERS, DES MOINES, IOWA
MICROFILMED BY
JORM MICR+LA13
CEDAR RAPIDS • DES MOINES
M
CLERK'S CERTIFICATE
I, Abbie Stolfus, being first duly sworn do hereby depose and
certify that I am the duly appointed, qualified, and acting City
Clerk of the City of Iowa City, in the County of Johnson, State
of Iowa; 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; that said
transcript hereto attached is a true, correct and complete copy
of all the corporate records showing the action taken by the City
Council of said City at a meeting open to the public on December
30, 1980, for the purpose of considering a Resolution authorizing
the issuance of $1,600,000 aggregate principal amount of
Industrial Development Revenue Bonds (Younkers, Inc. Project)
Series 1980, of the City of Iowa City, Iowa, the execution and
delivery of an Indenture of Trust to secure said Bonds, the
execution and delivery of a Loan Agreement between the City and
Younkers, Inc., the Assignment by the City of the rights and
interest of the City in and to said Loan Agreement, the sale of
said Bonds, appointment of a Trustee and related matters; that
said proceedings remain in full force and effect and have not
been amended or rescinded in any way; that said meeting and all
action thereat was duly and publicly held, with members of the
public' in attendance, in accordance with a notice of meeting and
tentative aglanda, a copy of which was timely served on each
member of the Council and posted on a bulletin board or other
prominent place easily accessible to the public and clearly
designate -d for that purpose at the principal office of the
Council (a copy of the face sheet of said agenda being attached
hereto) pursuant to the local rules of the Council and the provi-
sions of Chapter 28A, Iowa Code, and upon reasonable advance
notice to the public and media at least twenty-four hours prior
to the commencement of the meeting as required by said law.
Witness my hand and the Corporate Seal of said City hereto
affixed this 30th day of Dece er,71980.
1 �
(SEAL) Abbie Stolfus, Cit Clerk
State of Iowa )
SS.:
County of Johnson )
. Subscribed and sworn to before me this day, the date last
above written.
N6 ry ?ublic in and for the
(SEAL) State of Iowa
f
t
-9-
AHLERS. C:OONEY. DORWEILCR. HAYNIE 6 SMITH. LAWYERS, DES MOINES. IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
�- I
(This Notice to be Posted)
NOTICE AND CALL OF COUNCIL MEETING
Governmental Body: The City Council of
Iowa City, Iowa.
Date of Meeting: December 30, 1980
Time of Meeting: 7:30 P.M.
Place of Meeting: 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. Resolution authorizing the issuance of $1,600,000 in
aggregate principal amount of the City of Iowa City, Iowa,
Industrial Development Revenue Bonds (Younkers, Inc. Project)
Series 1980, with the proceeds from the sale of the Bonds to be
loaned to Younkers, Inc., a Delaware corporation duly qualified
and authorized to do business in the State of Iowa, for the
purpose of defraying the cost of acquiring, constructing,
improving and equipping a commercial enterprise located within
the City of'Iowa City, Iowa, consisting of the acquisition,,
construction, improving and equipping of certain retail
facilities; the execution and delivery of an Indenture of Trust
to secure said Bonds; the execution and delivery of a Loan
Agreedfent between the City and Younkers, Inc,; the assignment
by the City to the Trustee of the rights and interest of the
City in and to said Loan Agreement; the sale of said Bonds;
appointment of a Trustee; and related matters.
2. Su h additional matters as are set forth on the addi-
tional _Z 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 Stolfus, Ckerk of the
City of Iowa City, Iowa
-10-
AHLERS. GOONEY, DORWEILER. HAYNIE & SMITH, LAWYERS, DER MOINES. IOWA
MICP'dFILMED BY
JORM MICR+LAu7
CEDAR RAPIDS • DES MOINES
Paul F. Ahirrs
lams Evans Cnoney
Philip L Wrweihr
l Kenn,th Fl. Haynie
II. Richard Srnuh
Luny L. KrambecL
luhn F. McKinney. Ir.
1.. lV. Itau•bmnk
Richard G. Sara
Edga, H. Nlidr
Tmy L. Nlomm,
Lance A. Coppock
Eli L A.
navid H. Luginbill
i Nbrk W. Neaman
Edward W. Rrmsburg
Yhnma. E. Slanb,•rry
!'1
n
Ahlers, Cooney, Dorweiler, Haynie & Smith
Ln'.. yers
300 Liberty Building
Sixth and Grand
Des Moines, Iowa 50309
(515)243.7611
December 18, 1980
Ms. Rosemary Vitosh
Director, Department of Finance
Civic Center
410 East Washington
Iowa City, IA 52240
Re: $1,600,000 - City of Iowa City, Iowa
Industrial Development Revenue Bonds
(Younkers, Inc. Project)
Series 1980
Dear Rosemary:
Enclosed
ind
five
for considerationsbyfthe City proposed
on
December 30, 1980. The enclosed proceedings relate to the
final authorization by Iowa City for the issuance and sale of
the Industrial Development Revenue Bonds for Younkers,
the aggregate principal amount of $1,600,000. Inc. in
As we discussed, the entire principal amount of the Bonds
has been sold, and the closing of the Bond issue has been sche-
duled for January 6, 1981 at 10:00 A.M. in the offices of
Equitable of Iowa Companies. You, the Mayor, the City Clerk
and John Hayek are certainly welcome to attend the closing in i
Des Moines, however, we understand the time constraints
involved and your attendance is not a necessity.
plan to have the Mayor and City Clerk the We Presently
ume
January 5 in Iowa City at a time nts
of them. We will be contacting you as we get near the closing
date to determine the best time to hold the preclosing in
Iowa City.
Unless advised otherwise, neither Equitable of Iowa
Companies nor Younkers, Ince intend to have representatives at
the December 30th City Council meeting.
f ou el it is
necessary that a representative of eiherlCompany be present at
the Council meeting or that someone from our office be present,
please contact me as soon as possible so that arrangements can
be made.
MICROFILMED BY
JORM MICR+LAE3
CEDAR RAPIDS r DES MOINES
Ms. Rosemary Vitosh
December 18, 1980
Page 2
If the enclosed proceedings are satisfactory, we would
appreciate your returning to us three completed copies for
inclusion in the Bond transcripts. We will keep you advised as
matters progress toward the closing. If you have any questions
about the enclosed proceedings or any other matters relating to
this Bond issue, please do not hesitate to contact us.
Very truly yours,
AHLERS, COONEY,
By
T omas
TES:ld
Enclosures
cc: Mr. K. E. Westerbeck
Mr. K. J. McCarthy
Mr. John Hayek
Mr. John Merriman
Mr. Neal Berlin
AYNIE & SMITH
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
i
1
Ms. Rosemary Vitosh
December 18, 1980
Page 2
If the enclosed proceedings are satisfactory, we would
appreciate your returning to us three completed copies for
inclusion in the Bond transcripts. We will keep you advised as
matters progress toward the closing. If you have any questions
about the enclosed proceedings or any other matters relating to
this Bond issue, please do not hesitate to contact us.
Very truly yours,
AHLERS, COONEY,
By
T omas
TES:ld
Enclosures
cc: Mr. K. E. Westerbeck
Mr. K. J. McCarthy
Mr. John Hayek
Mr. John Merriman
Mr. Neal Berlin
AYNIE & SMITH
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
i