Loading...
HomeMy WebLinkAbout1980-11-18 ResolutionRESOLUTION NO. 80-489 RESOLUTION TO REFUND CIGARETTE PERMIT i WIIEREAS,Cheker-Imperial Oil Company at 1854 S. Riverside Dr. in Iowa City, Iowa, has surrendered cigarette permit No. 81-22 , expiring June 30th , 19 81 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 81-22 , issued to Cheker-Imperial Oil Company be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorised and directed to draw a warrant on the General Fund in the amount of $ 50.00 , payable. to Cheker-Imperial Oil Company of Iowa as a refund on cigarette permit No. 81-22 . It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSE Balmer Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 18th day of/ November , 1980 yor Attest: MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES aa; i RESOLUTION NO. 80-489 RESOLUTION TO REFUND CIGARETTE PERMIT i WIIEREAS,Cheker-Imperial Oil Company at 1854 S. Riverside Dr. in Iowa City, Iowa, has surrendered cigarette permit No. 81-22 , expiring June 30th , 19 81 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 81-22 , issued to Cheker-Imperial Oil Company be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorised and directed to draw a warrant on the General Fund in the amount of $ 50.00 , payable. to Cheker-Imperial Oil Company of Iowa as a refund on cigarette permit No. 81-22 . It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSE Balmer Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 18th day of/ November , 1980 yor Attest: MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES aa; /\ RESOLUTION NO. 80-490 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Revco Discount Drug Centers of Iowa, Inc., dba Revco Discount Drug Center No. 3019, 1101 S. Riverside Drive It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch x Erdahl X Neuhauser X Perret x Roberts X Vevera X Passed and approved this 18th day of November 19 80 Attest: Z2 — 6 "v City Clerk MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES E I i E RESOLUTION NO. 80-491 RESOLUTION ACCEPTING ME WORK FOR T1E NEIGHBORHOOD SITE IDNROVaIENTS - SIDENALK REPAIR PROGRMI WHEREAS, the Engineering Department has recommended that the im- provement covering the Neighborhood Site Improvements - Sidewalk Repair Program as included in a contract between the City of Iowa City and Streb Construction Company, Inc, of Iowa City, Iowa dated Decdmber 5, 1979 be accepted, AND WHEREAS, the C%.,=il finds the improvement is in place and does comply with the regdiremLits for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE .IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Neuhauser- that the resolution as read be a opt , and upon roll call there were: `I Balmer `l I , i x RESOLUTION NO. 80-491 RESOLUTION ACCEPTING ME WORK FOR T1E NEIGHBORHOOD SITE IDNROVaIENTS - SIDENALK REPAIR PROGRMI WHEREAS, the Engineering Department has recommended that the im- provement covering the Neighborhood Site Improvements - Sidewalk Repair Program as included in a contract between the City of Iowa City and Streb Construction Company, Inc, of Iowa City, Iowa dated Decdmber 5, 1979 be accepted, AND WHEREAS, the C%.,=il finds the improvement is in place and does comply with the regdiremLits for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE .IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Roberts and seconded by Neuhauser- that the resolution as read be a opt , and upon roll call there were: Vevera x Passed and approved this 18th day of N/ojvember�) 1 19 80 �rer-r��/ . ATTEST: C�fli/tc f �7sJ RECEIVED & APPROVED City Clerk BY LEGAL IMPAIR M �d // MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES M a og7 AYES: NAYS: ABSENT: Balmer x Brdahl x Lynch x Neuhauser x Perrot x Roberts ' x Vevera x Passed and approved this 18th day of N/ojvember�) 1 19 80 �rer-r��/ . ATTEST: C�fli/tc f �7sJ RECEIVED & APPROVED City Clerk BY LEGAL IMPAIR M �d // MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES M a og7 I CITY CIVIC CENTER OF 410 E. WASHINGTON ST. OWA CITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT November 12, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Neighborhood Site Improvements - Sidewalk Repair Program as constructed by Streb Construction Company, 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 bdw3/3 .). V� I CITY CIVIC CENTER OF 410 E. WASHINGTON ST. OWA CITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT November 12, 1980 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Neighborhood Site Improvements - Sidewalk Repair Program as constructed by Streb Construction Company, 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 bdw3/3 .). RESOLUTION NO. 80-492 RESOLUTION REPEALING RESOLUTION NO. 78-230 WHICH PROHIBITED TRAVEL TO STATES WHICH HAD NOT RATIFIED THE EQUAL RIGHTS AMENDMENT WHEREAS, Resolution No. 78-230 provided that no monies of the City of Iowa City shall be spent on out of state travel, food, accommodation expenses, or convention costs for governmental employees who attended conventions, conferences, or committee meetings in states which have not ratified the Equal Rights Amendment, and WHEREAS, the City has contacted organizations and communicated its opposition to conventions and conferences in states which have not ratified the Equal Rights Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That Resolution No. 78-230 be repealed. It was moved by Roberts and seconded by Vevera 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 18thday of November 1980. AYOR ATTEST: L CITY CLERK RECEIVED A APPTIOVFD NT- T--� NT 2 Z-�2 -cv MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES R693 s a: -1 'I i i I I. RESOLUTION NO. 80-492 RESOLUTION REPEALING RESOLUTION NO. 78-230 WHICH PROHIBITED TRAVEL TO STATES WHICH HAD NOT RATIFIED THE EQUAL RIGHTS AMENDMENT WHEREAS, Resolution No. 78-230 provided that no monies of the City of Iowa City shall be spent on out of state travel, food, accommodation expenses, or convention costs for governmental employees who attended conventions, conferences, or committee meetings in states which have not ratified the Equal Rights Amendment, and WHEREAS, the City has contacted organizations and communicated its opposition to conventions and conferences in states which have not ratified the Equal Rights Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: That Resolution No. 78-230 be repealed. It was moved by Roberts and seconded by Vevera 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 18thday of November 1980. AYOR ATTEST: L CITY CLERK RECEIVED A APPTIOVFD NT- T--� NT 2 Z-�2 -cv MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES R693 s 1 'I i i 1 1 1 i i 4 i 1 �r 1 'I ,I 1 1 1 , ,I 1 1 4 i 1 r League of Women Voters 227Y/3 EAST WASHINGTON STREET IOWA CITY. IOWA 52240 November 18, 1980 To the Iowa City Council: We urge the council to continue its official support for the Federal Equal Rights Amendment by keeping the ban on most city employee travel to states that have not rati- fied the Federal Equal Rights Amendment. The travel ban, which has been in effect for the past 2 1/2 years, has apparently not been detrimental to the operation of j city business, so there is no reason why the.council can- not continue showing its support in this manner. At a time when the opposition is mounting, we must reaffirm our committment to the Federal Equal Rights Amendment and work together for its passage. The majority of the citizens in Iowa City have shown by their vote on November 4th, that they support equal rights. The council policy should continue to represent the electorate's ishes on his issue. nn Shires ERA Chairperson Annvbje President, League of Women Voters of Iowa City/Johnson County MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ,20 73 I RESOLUTION NO. 80-493 RESOLUTION APPROVING PLANS, SPECIFICATIONS. FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS PHASE I ESTABLISHING AMOUNT OF BID SECURITY TO A�D� FIXING1TIME AND ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, wee publishedas and estimate of cost for the construction of the above-named prof required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY. IOWA: 1. That the plans, specifications, form of contract, Vnndd estimate of cost for the construction of the above-named project are hereby apP , 2. That the amount of bid security to accompany each bid for the conscetion of the above-named project shall be in the amount of 5% of bid paY Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having days fore the dateneral e established on in the ifor thety riot receipt than four (4) nor more than twenty ( ) of bide. 4.. That bids for the construction of the above-named Project ere to be received by the City of Iowa City, Iona, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the '17th day of December 1980. Thereafter, the bids will be opened by the there referred to the Council of the -City of Iowa City, ICivio CenterIowa City, id bids at its next meeting to be held at the Council ChD ember 19 80 Iowa, at 7:30 p.m. on the 30th day of MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES F:OINES RECEIpED & APPROVED '-GAL DEPARTIMIT P)OS i. I Page 2 Resolution No. 80-493 it was moved by Neuhauser and seconded by Perret that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: Balmer x Abstain Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Paesed and approved this 18th day of November , 1980. MAYOR JATTEST: T CLERK c 9 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES d' i Ii �AZ6'z7 RESOLUTION NO. 80-494 RESOLUTION APPROVING FY '82, '83, '84, '85, '86 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1981, to June 30, 1986 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1981, to June 30, 1986, be approved. It was moved by Vevera and seconded by Perret 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 18th day of November 1980. Mayor ATTEST: City Clerk RECEIVED & APPROVED 33 LEGAL EPART104 1 I ( j laws Department of Transportation Fonn 220001 5.79 1 i OFFICIAL STREET CONSTRUCTION PROGRAM CITY COUNTY Abbie Stolfus . FOR ❑ CITIES - Pop. 1,000.4,999 (one-year) ® CITIES - Pop. 5,000 & over (five-year comprehensive) City of Iowa City Johnson FROM JULY 1, 1981 TO JUNE 3o, 1986 city clerk of the City of Iowa City do hereby certify that the city council has by resolution approved this official report as Its fiscal July 1; 1981 to June 3o, 1986 one•yearlfive•year comprehensive Street Construc- tion Program this Month Nnvpmhpr , Day1 R _ Year 1980 - Clly Clerk MallingAddress 410 E. Washington St. Iowa City, Iowa 52240 Daytime Phone Nb. (319)354-1800 HoursAvallable 8:00 a.m. - 5:00 p.m. (Aree God.) John Balmer 51 Mayor MEMBERS OF THE COUNCIL John Balmer Clemens Erdahl Larry Lynch Mary Neuhauser David Perret Wpm Rnbprts Rtlhprt Vpvpra Cities -Pop. 5,000 6 over shall file, on or before December 1 of each year, Iwo copies of this report with the Iowa Department of Transportation. Citles•Pop. 1,000A,999 shall file, on or before December 31 of each year, two copies of this report with the Iowa Department of Transportation. DISTRIBUTION: While• Office of Transportallon Inv.: Witter •City Copy; Pink • District Tren,podtllon Planner MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES all$ 9 1 I , Iowa Department of Ttan4onallon �. �• I ! POOP i10W1 5.M � 1 1 i ' OFFICIAL } STREET CONSTRUCTION PROGRAM i :i FOR ❑ CITIES - Pop. 1,000.4,999 (one-year) ® CITIES • Pop. 5,000 i over (five-year comprehensive) CITY City of Iowa City COUNTY Johnson FROM JULY 1, 1981 / t- TO JUNE30,1986` 1,. Abbie Stolfus of Iowa City - , City Clark of the City do hereby certify that the city council has by resolution approved this official report as Its fiscal July 1, 1981 to June 30, 1986 one•yearlllve•year comprehensive Strasl Construe- tion Program this Month _November , Day 1 Year CRY Clerk Abble Stolfus Melling Address 410 E. Washin ton St. Iowa Cit ,Iowa 52240 Daytime Phone No.319 354-1:U�0 HoureAve9eble 8:00 a.m. - 5:00 .m. Nrea Cone) Jolm �,- ��— • MI FABERS OF THE COUNCIL ohn a meF�Y�' Clemens Erdahl Larry v —Mary NeLihauser �f2altid Perrot Giem Roherts I —RnhArt VPVPra Citlas•Pop, 5,000 8 over shall file, on or before December 1 of each year, two copies of this report with the Iowa Department of Transportation. I Cities -Pop. 1,0004,999 shell file, on or before December 31 of each year, two copies of this report with the Iowa Department of Transportation. jf DISTRIBUTION Waite • Olf Ce of Tran j orteUen Inv.; Yellow CRY COPY; PInF • Dlrttict Treneporttllon Planner a Ile MICROFILMED BY JORM MICRO LAB CEDAR RAPIDS a DES MOINES D f i FORM 2200023 So STATE TYPE OF CONSTRUCTION FUNCTIONAL t. RIGHT OF WAY JLASSIFICATION 3. GRADE AND DRAIN Oe ARTERIAL EXTENSION FROM J. PAVE 05 ARTERIAL CONNECTOR EXTENSION 1 e. RECONSTRUCTION 05 TRUNK EXT. OF Muscatine S. PAVEMENT WIDENING 01 TRUNK (RURAL . S. RESURFACING COLLECTOR SYSTEMS 2 T. SHOULDER WIDENING to MUNICIPAL ARTERIAL locations) a. SURFACE RESTORATION SYSTEMS 6 a. BRIDGE OR CULVERT ONLY It MUNICIPAL COLLECTOR 3 10. INTERSECTION LIGHTING SYSTEMS "..� II STREET LIGHTING 12 MUNICIPAL SERVICE 11,2,3 12. MISCELLANEOUS SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19 81 To June 30, 1986 Pop. 1,000 • 4,999 ❑ 1 year program Pop. 5,000 6 over INS year program SHEE' CITY COLIN FN PROJ. NO. STREET NAME PROJECT LIMITS STATE FUNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. PRO LEN (MII FROM TO 82 1 Scott Blvd. Hwy N6 Muscatine 10 Gravel 1,2,3 1 82- 86 2 lAsphalt Resurface (Miscellaneous locations) 0,11,12 A.C. or P.C.C. 6 Unknl 82 3 Scott Blvd. Muscatine Court 10 Jonexisting 11,2,3 0 82 4 Summit Bridge Deck At Roc Railroad Island Crossing 11 Asphalt 9 82 1 5 Railroad Crossing Repair (Miscellan ous locations) 10 Asphalt 12 82 6 Alley Paving Projects CBD krea. 12 Asphalt 1 2,3 0.! 82 7 Grand Avenue/ Byington Intersection 10 P.C.C. 4 0.1 83 8 Linn Street Burlington Washington 11 Asphalt 4 0.1 83 9 Iowa Avenue At Iowa River 10 P.C.C, 9 0.1 84 10 Burlington St, At Iowa River 10 P.C.C. 9 0.1 85 11 Benton/Riverside Inte section 10 P.C.C. 4 0.: fD1,111bullon: Wolfe • Office of Tun,. Inv.; Yellow . City COPY; pink. ORlnct Plinnel I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 9 I FORM 77oao77m STATE TYPE OF CONSTRUCTION FUNC1fONAL 1. RIGHT OF WAY JLASSIFICATION 7. GRADE AND DRAIN Oe ARTERIAL EXTENSION S. PAVE 05 ARTERIAL CONNECTOR EXTENSION 4. RECONSTRUCTION Da TRUNK EXT. OF S. PAVEMENT WIDENING 07 TRUNK }RURAL e7. SRESURFACNG COLLECTOR SYSTEM S e. SURFACE RESTORATION 10 MUNICIPAL ARTERIAL SYSTEMS a. BRIDGE OR CULVERT ONLY 11 MUNICIPAL COLLECTOR 10. INTERSECTION LIGHTING SYSTEMS 11. MISCSTREELLANEOUS LIGHTING G 17 MUNICIPAL SERVICE 17. MISCELUNEOUS SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19 Al To June 30, 19Rf;_ Pop. 1,000 • 4,999 01 year program Pop. 5,000 8 over W 5 year program R.U.T. 4 SHEET 2 OF 2 CITY Iowa City COUNTY Johnson FIY • PROD. NO. STREET NAME PROJECT LIMITS STATE FDNC, CLASS. EXISTING SURFACE TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL ESTIMATED COST (DOLLARS) FROM TO 86 12 Camp Cardinal Bridge At Clear Creek 12 Timber 9 0.05 216,0000 82- 86 13 Street & curb repair (Miscell neous locations) 10,11,12 P.C.C. 4 Unknown 5 @ 66,830 334,000 OIllflt, IOn: WMle.0111ce 01 Tens. In,,; YtllPw . CI1Y COPY: Pink. D10,10 Planner I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES City of Iowa Cl _ �- MEMORANDUM _ DAVIT November 14, 1980 TO: General Public fOW; Deputy City Clerk W. Addition to November 18, 1980, Council Agenda REGULAR AGENDA Consider resolution approving Official Street Construction Program. COMMENT: programeinlorder toution uqualify for ld approve aRoad eUse Taxes from construction This from IDOT s HICROFILNED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i I 1� ry- City of Iowa City MEMORANDUM DATA November 14, 1980 TO: Neal Berlin & City Council �J FROM: Chuck Schmadeke, City Engineer C/J If: Road Use Tax Funds The Iowa Code requires that cities receiving allotments of Road Use Tax Funds submit to the Iowa Department of Transportation for review a 5 -year program of proposed street construction and reconstruction for its total system of streets. This report must be submitted by December 1, 1980. The City Council needs to pass a resolution approving the attached report and also authorizing the Mayor and City Clerk to sign the report. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES is ,.I i J j n RESOLUTION NO. 80-495 RESOLUTION APPROVING FURTHER ELEMENTS OF THE PRELIMINARY DESIGN PLANS FOR SIGNAGE FOR OLD CAPITOL CENTER (URBAN RENEWAL PARCELS 83-1 AND 84- 1). 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 Resolution No. 80-475; and WHEREAS, further recommendations from the Design Review Committee concerning said preliminary design plans have been received by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that further elements 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) are 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 xauLA„ap, and seconded by p,,rt the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 18th day of Nov. 1980. AYOR ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES is'ANOM AI �4Pfi0dE6 M1M I,EclE11 DEPdRTMLINT e � 0��% H . �I Resolution No. 80= i Page 2 ATTACHMENT ATO RESOLUTION NO. 80-495 i The approval of the following elements of the preliminary design plans for signage submitted by Old Capitol Center Partners is hereby made, i subject to the following conditions or reservations: 1. The lowering of the J.C. Penney sign located on Capitol Street is hereby approved, so that this sign is aligned with the other anchor signs on the facade of Old Capitol Center. 2. The design and location of the theatre reader board in the sign band of Old Capitol Center is hereby approved, subject to the use of Helvetica lettering in the sign band. 3. The design of the Osco sign is hereby approved, subject to the condition that the sign will appear white in color when it is not lighted (i.e. during daylight hours), and orange in color when it is lighted (i.e. during night hours). 4. That Old Capitol Center Partners, after consultation with their designer, shall again present a design of the Old Capitol Center sign to the Design Review Committee for additional review and a further recommendation to the City Council. fi all/7 " " MICROFILMED BY ` JORM MICR+LAB - n CEDAR RAPIDS • DES MOINES r_�, RESOLUTION NO. 80-496 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH von BRIESEN AND REDMOND, S.C., FOR LABOR NEGOTIATION SERVICES. WHEREAS, the City of Iowa City and von Briesen and Redmond S.C., have negotiated an agreement providing for labor relations services, and WHEREAS, the City Council deems it in the public interest to enter into this agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is hereby authorized to enter into an agreement, attached hereto, with von Briesen and Redmond S.C. for labor negotiation services. It was moved by Neuhauser and seconded by Roberta that the resolution as read be adopted, and upon roll :all there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch Neuhauser x Perret x Roberts a Vevera Passed and approved this 18th day of November 1980. ATTEST: Roeeived & Apprnvx! > . By 7 gal DepaTimorr, x - ally 11 MICROFILMED BY \ JORM MICR+LAB rT.DAR RAPIDS • DES MOINES _ } _ I 3 I . Roeeived & Apprnvx! > . By 7 gal DepaTimorr, x - ally 11 MICROFILMED BY \ JORM MICR+LAB rT.DAR RAPIDS • DES MOINES _ LABOR RELATIONS SERVICES AGREEMENT WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as the "City" is desirous of retaining labor negotiations and other labor consulting services, and WHEREAS, von Briesen & Redmond, S.C. by Steven B. Rynecki, 757 North Broadway, Milwaukee, Wisconsin, 53202, provides and offers such services, NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, IT IS AGREED that: 1. City retain von Briesen & Redmond, S.C., by Steven B. Rynecki, to represent City in labor negotiations and certain other labor relations and personnel matters as requested by the City. 2. von Briesen & Redmond, S.C., by Steven B. Rynecki, perform such services which may include, among others: (a) Negotiation and drafting of labor agreements; (D) Analysis and recommendations on salaries, oene- fits and personnel policies for unorganized em- ployees; (c) Representation in arbitration proceedings and court appearances; (d) Representation before the u.S. Department of Labor, Equal Employment Opportunity Commission and other federal and state administrative agencies regarding employment related matters; (e) Contract administration, grievance and arbitra- tion proceedings, personnel administration, em- ployee communications assistance, supervisory training, safety consultation and employee ben- efit insurance review; (f) Consultation and advice in the handling of strikes, slowdowns and other work stoppages. 3. (a) Such services will be performed and billed for by von Briesen & Redmond, S.C., by Steven B. Rynecki, and paid for by City at such hourly rates as are agreed upon between the parties MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES R r. ( LABOR RELATIONS SERVICES AGREEMENT WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as the "City" is desirous of retaining labor negotiations and other labor consulting services, and WHEREAS, von Briesen & Redmond, S.C. by Steven B. Rynecki, 757 North Broadway, Milwaukee, Wisconsin, 53202, provides and offers such services, NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, IT IS AGREED that: 1. City retain von Briesen & Redmond, S.C., by Steven B. Rynecki, to represent City in labor negotiations and certain other labor relations and personnel matters as requested by the City. 2. von Briesen & Redmond, S.C., by Steven B. Rynecki, perform such services which may include, among others: (a) Negotiation and drafting of labor agreements; (D) Analysis and recommendations on salaries, oene- fits and personnel policies for unorganized em- ployees; (c) Representation in arbitration proceedings and court appearances; (d) Representation before the u.S. Department of Labor, Equal Employment Opportunity Commission and other federal and state administrative agencies regarding employment related matters; (e) Contract administration, grievance and arbitra- tion proceedings, personnel administration, em- ployee communications assistance, supervisory training, safety consultation and employee ben- efit insurance review; (f) Consultation and advice in the handling of strikes, slowdowns and other work stoppages. 3. (a) Such services will be performed and billed for by von Briesen & Redmond, S.C., by Steven B. Rynecki, and paid for by City at such hourly rates as are agreed upon between the parties MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES R ( LABOR RELATIONS SERVICES AGREEMENT WHEREAS, the City of Iowa City, Iowa, hereinafter referred to as the "City" is desirous of retaining labor negotiations and other labor consulting services, and WHEREAS, von Briesen & Redmond, S.C. by Steven B. Rynecki, 757 North Broadway, Milwaukee, Wisconsin, 53202, provides and offers such services, NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, IT IS AGREED that: 1. City retain von Briesen & Redmond, S.C., by Steven B. Rynecki, to represent City in labor negotiations and certain other labor relations and personnel matters as requested by the City. 2. von Briesen & Redmond, S.C., by Steven B. Rynecki, perform such services which may include, among others: (a) Negotiation and drafting of labor agreements; (D) Analysis and recommendations on salaries, oene- fits and personnel policies for unorganized em- ployees; (c) Representation in arbitration proceedings and court appearances; (d) Representation before the u.S. Department of Labor, Equal Employment Opportunity Commission and other federal and state administrative agencies regarding employment related matters; (e) Contract administration, grievance and arbitra- tion proceedings, personnel administration, em- ployee communications assistance, supervisory training, safety consultation and employee ben- efit insurance review; (f) Consultation and advice in the handling of strikes, slowdowns and other work stoppages. 3. (a) Such services will be performed and billed for by von Briesen & Redmond, S.C., by Steven B. Rynecki, and paid for by City at such hourly rates as are agreed upon between the parties MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES R ■ n under separate document. Overhead expenses such as clerical services and use of equipment and library are included in such hourly rates and are not separate charges. (b) von Briesen & Redmond, S.C. by Steven S. Rynecki 4. This agreement shall be in effect for a two year period beginning August 15, 1980, and continue in effect and be binding on the parties, their successors and assigns. Any amendments to or modifications of this agreement shall be in writing and signed by both parties. Z� WITNESS WHEREOF the parties have signed this agreement this ( _9 day of /i�Ouc�Md6� 1980. von BRIESEN & REDMOND, S.C. CITY OF IOWA CITY, IOWA -2- MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOIRES RECEIVED & APFROVED = ffM LEGAL DEPARTUAIT M a I& -19 1 - ■ n under separate document. Overhead expenses such as clerical services and use of equipment and library are included in such hourly rates and are not separate charges. (b) von Briesen & Redmond, S.C. by Steven S. Rynecki 4. This agreement shall be in effect for a two year period beginning August 15, 1980, and continue in effect and be binding on the parties, their successors and assigns. Any amendments to or modifications of this agreement shall be in writing and signed by both parties. Z� WITNESS WHEREOF the parties have signed this agreement this ( _9 day of /i�Ouc�Md6� 1980. von BRIESEN & REDMOND, S.C. CITY OF IOWA CITY, IOWA -2- MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOIRES RECEIVED & APFROVED = ffM LEGAL DEPARTUAIT M a I& -19 II i I{ I. ' -f i I N..V ADDENDUM - FEE SCHEDULE Pursuant to paragraph 3(a) of the attached Labor Relations Services Agreement between the City of Iowa City, Iowa and von Briesen & Redmond, S.C., by Steven S. Rynecki, the rate for la- bor relations consulting services is established at $65.00 per hour up to a maximum of $9,500 per year. This fee arrangement shall only apply to services related to negotiating, through mediation, three (3) labor agreements per year (one (1) for the police department bargaining unit, one (1) for the AFSCME bar- gaining unit and one (1) for the fire department bargaining unit). Fees for other services shall be charged at $65.00 per hour. Time spent in travel outside the hours of 8:00 a.m. and 6:00 p.m. shall not be charged. von BRIESEN & REDMOND, S.C. By41 `mac Steven B. Rynecki Accepted: City of Iowa City, Iowa Date: Nov 1 9 1980 , 1980. -3- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ' M j I i I, { I. M LAW OFFICES VON BRIESEN & REDMOND, S.C. ERNST J. VON BRIESEN RALPH VON BRIESEN GEORGE F. R EDMOND E. THOMAS SCHILLING WARREN L. KREUNEN STEPHEN W. HAYES STEVEN B. RYNECNI DOUGLAS A. CAIRNS WILLIAM E.TAIBL CHIN STY ANN BROOKS TIMOTHY G. DUGAN Mr. Dale Helling City of Iowa City 410 E. Washington Iowa City, IA 52240 Dear Dale: 757 NORTH BROADWAY MILWAUKEE, WIS. 53202 TELEPHONE 414-270-1122 November 7, 1980 i' RECEIVED is ',' '1 0 1980 MAYFAIR OFFICE MAYFAIR BANK TOWER 2300 NORTH MAYFAIR RD. WAUWATOSA. WIS. 33225 TELEPHONE 470.1110 Enclosed is an original and two copies of the labor relations services agreement between the City and our firm. Please return one signed 'copy to us in the envelope provided for our files. SBR:LLO Enc. Very truly yours, von BRIESEN & REDMOND, S.C. By Jq'j i �i i+ L; L: rl: It I . i. i L LAW OFFICES VON BRIESEN & REDMOND, S.C. ERNST J. VON BRIESEN RALPH VON BRIESEN GEORGE F. R EDMOND E. THOMAS SCHILLING WARREN L. KREUNEN STEPHEN W. HAYES STEVEN B. RYNECNI DOUGLAS A. CAIRNS WILLIAM E.TAIBL CHIN STY ANN BROOKS TIMOTHY G. DUGAN Mr. Dale Helling City of Iowa City 410 E. Washington Iowa City, IA 52240 Dear Dale: 757 NORTH BROADWAY MILWAUKEE, WIS. 53202 TELEPHONE 414-270-1122 November 7, 1980 i' RECEIVED is ',' '1 0 1980 MAYFAIR OFFICE MAYFAIR BANK TOWER 2300 NORTH MAYFAIR RD. WAUWATOSA. WIS. 33225 TELEPHONE 470.1110 Enclosed is an original and two copies of the labor relations services agreement between the City and our firm. Please return one signed 'copy to us in the envelope provided for our files. SBR:LLO Enc. Very truly yours, von BRIESEN & REDMOND, S.C. By Jq'j i �i i+ L: rl: It I . i. i L LAW OFFICES VON BRIESEN & REDMOND, S.C. ERNST J. VON BRIESEN RALPH VON BRIESEN GEORGE F. R EDMOND E. THOMAS SCHILLING WARREN L. KREUNEN STEPHEN W. HAYES STEVEN B. RYNECNI DOUGLAS A. CAIRNS WILLIAM E.TAIBL CHIN STY ANN BROOKS TIMOTHY G. DUGAN Mr. Dale Helling City of Iowa City 410 E. Washington Iowa City, IA 52240 Dear Dale: 757 NORTH BROADWAY MILWAUKEE, WIS. 53202 TELEPHONE 414-270-1122 November 7, 1980 i' RECEIVED is ',' '1 0 1980 MAYFAIR OFFICE MAYFAIR BANK TOWER 2300 NORTH MAYFAIR RD. WAUWATOSA. WIS. 33225 TELEPHONE 470.1110 Enclosed is an original and two copies of the labor relations services agreement between the City and our firm. Please return one signed 'copy to us in the envelope provided for our files. SBR:LLO Enc. Very truly yours, von BRIESEN & REDMOND, S.C. By Jq'j i �i i+ rl: It i. L I.J , fp: ' a iii r RESOLUTION NO. 80-497 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS WITH THE IOWA DEPARTMENT OF TRANSPORTATION TO PROVIDE TRANSIT CAPITAL AND OPERATING ASSISTANCE FOR FY81. WHEREAS, it is in the public interest to provide improved public transit for the citizens of Iowa City, and WHEREAS, the Iowa Department of Transportation will provide capital and operating assistance to the City of Iowa City to support its transit system. NOW, THEREFORE, BE IT RESOLVED BY.THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, to authorize the Mayor to sign and the City Clerk to attest Agreements with the Iowa Department of Transportation to provide transit capital and operating assistance for FY81. It was moved by Erdahl and seconded by Neuhauser that the resolution as read be adopted, and upon ro cal there were: AYES: NAYS: ABSENT: x Balmer x \L x Lynch r RESOLUTION NO. 80-497 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS WITH THE IOWA DEPARTMENT OF TRANSPORTATION TO PROVIDE TRANSIT CAPITAL AND OPERATING ASSISTANCE FOR FY81. WHEREAS, it is in the public interest to provide improved public transit for the citizens of Iowa City, and WHEREAS, the Iowa Department of Transportation will provide capital and operating assistance to the City of Iowa City to support its transit system. NOW, THEREFORE, BE IT RESOLVED BY.THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, to authorize the Mayor to sign and the City Clerk to attest Agreements with the Iowa Department of Transportation to provide transit capital and operating assistance for FY81. It was moved by Erdahl and seconded by Neuhauser that the resolution as read be adopted, and upon ro cal there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 18th day of November 1980. -�� R ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Received R Approved By The Legal Department i ^.Clty of Iowa Clt^, MEMORANDUM Date: November 6, 1980 To: City Manager and City Council From: Hugh Mose, Transit Manager Re: FY81 State Transit Grant On the Council agenda for the meeting of November 18, 1980, is a resolution authorizing the Mayor to sign agreements for State transit assistance for FY81. We received the contracts from the State at the end of the summer, but we have held off executing them pending the outcome of our objection to the contracts' requirement that the City implement the Uniform Data Management System (UDMS) program. Although the UDMS program will eventually provide some useful data, its immediate effect is to require us to keep two sets of accounts (one in conformance with our other City accounts and one coded in the State format) and to expand our collection and tabulation of operating statistics. We have estimated that the annual cost of meeting the State requirements will be in excess of $3,000. The State has not allocated any funds for this purpose, and has in fact reduced our total allocation from the previous year. Since the first of September we have been attempting to negotiate with the State for some assistance with this UDMS program. Although we have been told verbally that the State will provide assistance in the form of data processing services, we have been unable to obtain written confirmation. We have, however, received several warnings from our IDOT District Manager concerning the possibility of losing some of our State assistance if we continue to delay. Rather than further jeopardize our State operating assistance, which for FY81 is $155,070, the Transit Manager recommends that the contract be approved and submitted to the State. We will gain little by continuing to postpone ratification of the contract, and the end result could be a significant decrease in the amount of State assistance that we eventually receive. We will, however, continue working with the State in an effort to obtain assistance in meeting the UDMS requirements. bdw/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 910 j i ^.Clty of Iowa Clt^, MEMORANDUM Date: November 6, 1980 To: City Manager and City Council From: Hugh Mose, Transit Manager Re: FY81 State Transit Grant On the Council agenda for the meeting of November 18, 1980, is a resolution authorizing the Mayor to sign agreements for State transit assistance for FY81. We received the contracts from the State at the end of the summer, but we have held off executing them pending the outcome of our objection to the contracts' requirement that the City implement the Uniform Data Management System (UDMS) program. Although the UDMS program will eventually provide some useful data, its immediate effect is to require us to keep two sets of accounts (one in conformance with our other City accounts and one coded in the State format) and to expand our collection and tabulation of operating statistics. We have estimated that the annual cost of meeting the State requirements will be in excess of $3,000. The State has not allocated any funds for this purpose, and has in fact reduced our total allocation from the previous year. Since the first of September we have been attempting to negotiate with the State for some assistance with this UDMS program. Although we have been told verbally that the State will provide assistance in the form of data processing services, we have been unable to obtain written confirmation. We have, however, received several warnings from our IDOT District Manager concerning the possibility of losing some of our State assistance if we continue to delay. Rather than further jeopardize our State operating assistance, which for FY81 is $155,070, the Transit Manager recommends that the contract be approved and submitted to the State. We will gain little by continuing to postpone ratification of the contract, and the end result could be a significant decrease in the amount of State assistance that we eventually receive. We will, however, continue working with the State in an effort to obtain assistance in meeting the UDMS requirements. bdw/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 910 �i IOWA uEPARTMENT OF TRANSPORTATION ' PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT FOR THE STATE TRANSIT ASSISTANCE PROGRAM PART I: ASSURANCES and CERTIFICATIONS: 1.0 General Provisions None 2.0 Roles and Responsibilities of the Public Agency 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements CAP: 6/80 C�iF'i •T9G . yAe- � MICROFILMED BY DORM MICR+LAE3 CEDAR RAPIDS • DES MOINES Also made part of this AGREEMENT not here attached are the. following standard provisions: V PART II: APPENDICIES: - 8.0 Contract Non -Performance B. Cost Principles (FMC 74-4), 34 CFR 255 9.0 Settlement of Disputes (7/25/14) 10.0 Termination or Suspension of G. Title VI, Civil Rights ., 11.0 Project J. Renewal, Renegotiations, and Iowa DOT -IAC, Transportation Procurement, 820-[O1,B] Chapter 2 Modifications M. Iowa DOT -IAC, Advance Allocation of 12.0 13.0 Hold Harmless Assignability and Subcontracting State Transit Assistance Funding, 820- [09,B] Chapter 2 14.0 Interest and Prohibited Interest N. Iowa DOT -IAC, Financial Assistance, i 15.0 Additional Agreement Provisions 820409,6] Chapter 1 PART I: 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT �THIS AGRE hiENT, made and entered into this .213 clay of . 19&, by and between the IOWA D P RTMENT OF TKANSPORTATION, an- agency of the State of Iowa, herein- after Called the "DEPARTMENT", and the Iowa City Transit System -ISO as as Tang on, owa i located at y, Lowa b224U- 11e1e1na ter Cal Ied the PUBLIC AGENCY`. In const eration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREEMENT from July 1, 1980 through I June 30, 1982 MICROFILMED BY DORM MICR+LAE3 CEDAR RAPIDS • DES MOINES W State Transit Assi/ance Agreement 1.3 PURPOSE OF AGREEMENT W CAP: 5/80 The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by H.F. 738 Second Session of the sixty—eigh General Assembly for capita assistance as described in the appli- cation herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. 1.4 ITEMS COVERED BY THE AGREEMENT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which reim- bursement will be provided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: (a) CAPITAL EXPENSES - all eligible transit system expenses related to the purchase or contruction of transit equipment and facilities. (b) CAPITAL SUPPORT NEED - capital expenses that need to be covered by capital funding. (c) CAPITAL SUPPORT - all monies received by the transit system not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the capital support need. (d) CAPITAL PROGRAM SUPPORT - total capital support less the capital support from sources other than the Iowa Department of Transportation. (e) PROJECT - specific element or task of this AGREEMENT described in Section 6.2 for which a maximum amount and participation percentage has been established. (f) CEILING AMOUNT - maximum amount assigned to specific tasks or elements of this AGREEMENT, or fo.r this AGREEMENT as a whole. (g) PARTICIPATION PERCENTAGE - the percentage which denotes the part of portion of the PROJECT or task which will be funded by any given funding source. (h) FUNDING COMMITMENT - the maximum amount or maximum I participation Percentage any given funding source has committed to t rough the PUBLIC AGENCY for this AGREEMENT 1 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOINES State Transit Assi- ante Agreement CAP: 6/80 (i) CAPITAL CONTRACT SUPPORT - capital support contracted to the PUBLIC AGENCY. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is John Balmer i.e., who has signatory powers). 1.7 PROJECT MANAGER The project manager for this AGREEMENT on the staff of the PUBLIC AGENCY is F.ugh Mose Jr. who is directly responsible for the performance called for in this AGREEMENT. 2.0 ROLES AND RESPONSIBLITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall purchase all capital equipment and construct all facilities in the AGREEMENT for which financial assistance is being provided by the DEPARTMENT phrsuant to this AGREEMENT. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 2.3 The PUBLIC AGENCY shall commence to carry out the goals and objectives as described in Section 5.8. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will promptly reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any reimbursement request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of reimbursement to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assistance to the PUBLIC AGENCY as noted and detailed in Chapter 601J of the Code of Iowa (1979). 3.3 The DEPARTMENT shall, as security for the funding, hold a security interest on all vehicles and equipment purchased through this AGREEMENT by the PUBLIC AGENCY with the State Transit Assistance participation. The security interest shall be a percentage of the market value equal to the percentage of the purchase price that the State Transit Assistance funds represent. 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS -3- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES State Transit Assi!^.nce Agreement CAP: 6/80 1 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all transportation -related costs, revenues, and capital sources are recorded so that they may be clearly identified, easily traced, and substantially docu- mented. If the Uniform Data Management System, developed by the DEPARTMENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above information is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Federal Manage- ment'Circular 74-4, (34CFR 255) Appendix B "Standards of Selected Items of Cost" made part of this AGREEMENT as Appendix B.. (B) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the effective date of y� this AGREEMENT will be eligible for reimbursement \. as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported by properly executed ,payrolIs, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or national origin. The PUBLIC AGENCY shall take \ -4- a��9 IF MICROFILMED BY ' JORM MICR+LABS. CEDAR RAPIDS • DES MOINES I I State Transit Assi!^.nce Agreement CAP: 6/80 1 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all transportation -related costs, revenues, and capital sources are recorded so that they may be clearly identified, easily traced, and substantially docu- mented. If the Uniform Data Management System, developed by the DEPARTMENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above information is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY may charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work covered by this AGREEMENT and allowable under the provisions of Federal Manage- ment'Circular 74-4, (34CFR 255) Appendix B "Standards of Selected Items of Cost" made part of this AGREEMENT as Appendix B.. (B) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the effective date of y� this AGREEMENT will be eligible for reimbursement \. as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported by properly executed ,payrolIs, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. 5.7 NON-DISCRIMINATION 5.71 Civil Rights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. 5.72 Equal Employment Opportunity (A) In connection with the execution of this contract, the PUBLIC AGENCY shall not discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or national origin. The PUBLIC AGENCY shall take \ -4- a��9 IF MICROFILMED BY ' JORM MICR+LABS. CEDAR RAPIDS • DES MOINES i I State 'Transit Assr�ance Agreement CAP: 6/80 I. affirmative action to insure that applicants are employed, and that employees are treated duriny their employment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: _ employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurements of materials, and leases of equipment. The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplier shall be notified by the PUBLIC AGENCY of the PUBLIC AGENCY 's obligations under this contract relative to non-discrimination on the grounds or race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise In connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regard to the maximum utilization of minority business enter- prises and will use its best efforts to insure that minority business enterprises shall have the maximum praciticable opportunity to compete for subcontract work under this contract. 5.8 - No Provisions 1 -5- C�//9 5 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i I1I i I � .. State Transit Assi'--ante Agreement � I 5.9 PROJECT PROPERTY 5.91 Purchase of Property CAP: 6/BO The major items of Property as listed in Section 6.2 of this AGREEMENT have been approved as direct costs by the DEPARTMENT and the costs, therefore, are included in the contract price. The DEPARTMENT will bid and purchase vehicles on behalf of the PUBLIC AGENCY if the PUBLIC AGENCY so desires. If the PUBLIC AGE14CY bids and purchases vehicles and equipment, the PUBLIC AGENCY shall coinply with the following competitive bidding procedures or negotiated procedures. A. FMC 74-4 (Appendix B), B. Iowa DOT -IAC, Transportation, Procurement (Appendix JJ, Any AGREEMENT Property Tshapurchased raand/or constructed dunder t on landwhichisfreeofsalI legal encumbrance and a legal description of, the des- ignated tract of land shall be on file with the Applicant. 5.92 Use and Disposition of Property The PUBLIC AGENCY agrees thatthe Property shall be used for the provision of public transportation service within the area described in the application for the life of the PROJECT. C. If the Property is not continuously used for public transportation in a manner similar to that intended by the application, the PUBLIC AGENCY shall immediately notify the DEPARTMENT and shall .dispose of such Property in accordance with the following provisions: A. If the Property is "retained" by the PUBLIC AGENCY, the PUBLIC AGENCY shall reimburse the DEPARTMENT in an amount equal the DEPARTMENT's participation percentage of the fair market value of the Property based. upon expert and objective appraisal, which value must be approved in writing by the DEPARTMENT or B. If the Property is sold, it shall be sold by the public agency, at the highest price obtain- able at public or private sale, subject to written approval of the sale price by the DEPARTMENT. The DEPARTMENT's participation percentage of the sale price, less the DEPARTMENT's participation percent. age of the expense of the sale, shall be paid to t6 DEPARTMENT. -6- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES c ' � Y State Transit Assistance Agreement CAP: 6/80 The PUBLIC AGENCY shall maintain the property at a high level of cleanliness, safety and mechanical soundness. The DEPARTMENT shall have the right to conduct periodic inspections for the purpose of con- firming proper maintenance pursuant to this paragraph. 6.0 FINANCES 6.1 I4ETHOD OF PAYMENT The method EPARTENT is the eimburse- mentofhexpensesyupntoblimitsy theOdescriMbed in thisrAGREEMENT, as follows: 6.11 For each project of this AGREEMENT the DEPARTMENT will, v upon receipt of sufficient documentation and appropriate request, reimburse the PUBLIC AGENCY for the lesser of the following two amount: A. Ceiling amount established in this AGREEMENT for the project, as denoted in Section 6.2; and B. The amount corresponding to the DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.2. si r` � I I I'. i . 1 State Transit Assi,lance Agreement CAP: 6/80 6.2 FINANCIAL LIMITS 6.2I The estimated total transportation capital support (_ need of the PROJECT is $ 241,241 based upon the following analysis: 6.22 The DEPARTMENT'S participation in the PROJECT -cost will be limited to the following funding criteria: PROJECTS DEPARTMENT'S CEILING AMOUNT DEPARTMENT'S PARTICIPATION PERCENTAGE 1. One bus with lift, farebox 12,998*/1,975** 8.7b*./10% ** 2. One 2—way radio system 5,000* 10% 3. 'r 4. 5. 6. DEPARTMENT'S TOTAL CEILING AMOUNT $17,998 *. 'e * FY 1981 contract ** Previous FY180 contract fM MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES ,r ;i `i . State Transit Assis_�nce Agreement CAP: 6/80 6.23 The capital expenses for the PROJECT will be covered by capital funding consisting of the following sources: L FY 1981 contract ** Previous FY'80 contract 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if the amount eligible to be paid equals zero dollar, there will be no funding by the DEPARTMENT for any such projects (refer to Sections 6.1 and 6.2). 6.32 Reimbursement requests by the PUBLIC AGENCY to the DEPARTMENT ahall be made by project as outlined in Section 6.2. Reimbursement requests shall reflect costs incurred toward each task. Overruns in costs of tasks shall not be reimbursed unless a "change of 'York" request has the approval of the DEPARTMENT prior to the occurrance of the cost overrun. The DEPARTMENT's total ceiling amount shall not be increased by this pro- vision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. so MICROFILMED BY JORM MIC R+LA13 CEDAR RAPIDS • DES MOINES j • i i i `i I. State Transit Assis_�nce Agreement CAP: 6/80 6.23 The capital expenses for the PROJECT will be covered by capital funding consisting of the following sources: L FY 1981 contract ** Previous FY'80 contract 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if the amount eligible to be paid equals zero dollar, there will be no funding by the DEPARTMENT for any such projects (refer to Sections 6.1 and 6.2). 6.32 Reimbursement requests by the PUBLIC AGENCY to the DEPARTMENT ahall be made by project as outlined in Section 6.2. Reimbursement requests shall reflect costs incurred toward each task. Overruns in costs of tasks shall not be reimbursed unless a "change of 'York" request has the approval of the DEPARTMENT prior to the occurrance of the cost overrun. The DEPARTMENT's total ceiling amount shall not be increased by this pro- vision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT. so MICROFILMED BY JORM MIC R+LA13 CEDAR RAPIDS • DES MOINES 2 I i • ;j i i 2 State Transit Assis-`ince Agreement CAP: 6/80 6.4 NO PROVISIONS 6.5 AUDIT AND 1NSPECfION OF BOOKS, PROPERTY AND SERVICE 6.51 All accounting practices applied and all records C maintained will be in accordance with generally - accepted accounting principles and procedures as well as those that may be prescribed by the DEPARTMENT. 6.52 The PUBLIC AGENCY shall permit and shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regards to the AGREEMENT and to audit the books, records, and accounts of the PUBLIC AGENCY and its contractors with regards to the AGREEMENT. 6.53 All records applicable to the AGREEMENT must be retained and available to the DEPARTMENT for a period dof three (3) years after the issuance of the audit certificate concerning this AGREEMENT. The PUBLIC AGENCY shall provide copies of said records and documents to the DEPARTMENT upon request. 6.54 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the PUBLIC AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. 6.55 The PUBLIC AGENCY shall permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 NO PROVISIONS 7.2 FINAL REPORT At the end of the contract period or at the time of the final request for reimbursement, the PUBLIC AGENCY must submit within 45 days a final invoice showing the capital expenses, support and non -transportation revenue (used for capital, if any) for this PROJECT. -10- 0 MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS . DES MOINES m i i r i ,• I. State Transit Assi!'-,nce Agreement CAP: 6/80 7.3 REIMBURSEMENT INFORMATION 7.31 .The PUBLIC AGENCY may submit progressive billings to the DEPARTMENT covering those eligible costs by project that have been incurred by the PUBLIC AGENCY. 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPART14ENT may require to jus- tify and support said costs and payments for each project. 7.33 All requests for capital assistance must be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and line-items as outlined in this AGREEMENT. 7.34 All invoices for capital assistance must be accompanied by either a purchase order or an invoice from the vendor. 7.4 REPORT SUBMISSIONS , All reports and submissions from the PUBLIC AGENCY con- cerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. Second Avenue, Des Moines., IA 50313. IN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be executed by their proper officials thereunto duly authorized 1 as of the dates below indicated. ,y IN WITNESS THERE F, we have hereunto set our hands this day of 1980. IOWA CITY TRANSIT SYSTEM PUBLIC TRANSIT DIVISION i. 410 E. WASHINGTON IOWA DEPARTMENT OF TRANSPORTATIC IOWA.CITY, IOWA 52240 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 I; Phone: (515) 281-4265 %By: .r �G,.,.r�_,.-- By: i --�o n Balmer, Mayor Ja ne Short, Director RECEIVED & AppBOVED BY • LEGAL DEPAR 1 T • _11- alp , MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ;�' n IOWA DEPARTMENT OF TRANSPORTAl10N PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT FOR THE STATE TRAi4SIT ASSISTANCE PROGR1d4 PART I: DP: G/B0 O P<-;e9Tin�� ASSURMICES and CERTIFICATIONS: 1.0 General Provisions None 2.0 Roles and Responsibilities of the Pu51ic Agency 3.0 Roles and Responsibilities of the Dep,a rtme nt 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: APPENDICIES: 8.0 Contract Nun -Performance 9.0 Settlement of Disputes 10.0 Termination or Suspension of Project 11.0 Renewal, Renegotiations, and Modifications 12.0 Hold Harmless 13.0 Assignability and Subcontracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions PART I: 8. Cost Principles (FMC 74-4), 34 CFR 255 (7/25/14) G. Title VI, Civil Rights J. Iowa DOT -IAC, Transportation. Procurement, 820-[01,B] Chapter 2 hi. Iowa DOT -IAC, Advance Allocations of State Transit A sistance Funding, 820 -[09,B -T Chapter 2 N. Iowa DOT -IAC, Financial Assistan::?, 820-[09,B] Chapter 1 ].0 GrNEP.AL_PROVISIONS 1.1 PARTIES TO AGREEMENT TIIS AGREEMENT, made and entered into this 464 day of 19'k, by and between the IOWA 6EP�fiItTMECT OF TRANSPORTATION, and agency of the State of Iowa, lie reinafl.er Called the "DEPARTMENT", and the __ _ IOlad City Tr�nrtif 10Cated�at hereinafter ca ed the "PUBLIC AGENCY". In consideration a the mutual covenants, promises and representations, herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREE14EIlT from July 1, 1980 through June 30, MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 'I I i �i 1 ,f i n IOWA DEPARTMENT OF TRANSPORTAl10N PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT FOR THE STATE TRAi4SIT ASSISTANCE PROGR1d4 PART I: DP: G/B0 O P<-;e9Tin�� ASSURMICES and CERTIFICATIONS: 1.0 General Provisions None 2.0 Roles and Responsibilities of the Pu51ic Agency 3.0 Roles and Responsibilities of the Dep,a rtme nt 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements Also made part of this AGREEMENT not here attached are the following standard provisions: PART II: APPENDICIES: 8.0 Contract Nun -Performance 9.0 Settlement of Disputes 10.0 Termination or Suspension of Project 11.0 Renewal, Renegotiations, and Modifications 12.0 Hold Harmless 13.0 Assignability and Subcontracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions PART I: 8. Cost Principles (FMC 74-4), 34 CFR 255 (7/25/14) G. Title VI, Civil Rights J. Iowa DOT -IAC, Transportation. Procurement, 820-[01,B] Chapter 2 hi. Iowa DOT -IAC, Advance Allocations of State Transit A sistance Funding, 820 -[09,B -T Chapter 2 N. Iowa DOT -IAC, Financial Assistan::?, 820-[09,B] Chapter 1 ].0 GrNEP.AL_PROVISIONS 1.1 PARTIES TO AGREEMENT TIIS AGREEMENT, made and entered into this 464 day of 19'k, by and between the IOWA 6EP�fiItTMECT OF TRANSPORTATION, and agency of the State of Iowa, lie reinafl.er Called the "DEPARTMENT", and the __ _ IOlad City Tr�nrtif 10Cated�at hereinafter ca ed the "PUBLIC AGENCY". In consideration a the mutual covenants, promises and representations, herein, the parties agree as follows: 1.2 PERFORMANCE PERIOD The DEPARTMENT agrees to participate in the PROJECT as out- lined in this AGREE14EIlT from July 1, 1980 through June 30, MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 'I �i State Transit Assistance Agreelnant UP: 6/80 I 1.3 PURPOSE OF AGREEMLNT The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by H.F. 738 Second Session of the sixty-eighth General Assembly for ooeratin4 assistance as described in the application herein made as a part of this AGREEMENT and allowed in 820-[09,B] Chapter 1, IAC on Financial Assistance made part of this AGREEMENT as Appendix N. 1.4 ITEMS COVERED BY THE AGREE14EIlT Items covered by this AGREEMENT include the parties to the AGREEMENT, the terms and conditions upon which reim- bursement will be provided and the understandings and promises made as to the manner in which the transit system will be undertaken and completed. 1.5 DEFINITIONS OF TERMS y The following terms when used in this AGREEIENT will have the following meanings: (a) OPERATING REVENUE - All revenue generated by trans- porting an individual passenger or by unit of service (i.e., farebox, charter, miles, trips, passengers, or hours of service); (b) NON-OPERATING REVENUE - Monies generated by the transit system by means not related to passengers transported or, Operating Support (i.e., interest income and advertising income); (c) OPERATING EXPENSES - All eligible transit system expenses related to operating, maintaining and administering transit operation, as defined by the DEPARTMENT. (d) OPERATING SUPPORT NEED - Operating expenses less operating and non-operating revenues. (e) OPERATING SUPPORT - All monies received by the transit system not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the operating support need. (f) PROGRAM SUPPORT - Total operating support less the, operating support from sources other than the Iowa Department of Transportation. (g) PROJECT - Specific element or task of this AGREEMENT described in Section 6.2 for which a maximum amount, and participation percentage has been established. -2- i i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 'I I. i State Transit Assistance Agreement UP: 6jL•U r i (h) CEILING AMOUNT - Maximum amount assigned to specific (' tasks or elements of this AGREEMENT, or for this AGREEMENT as a whole. (i) PARTICIPATION PERCENTAGE - The percentage which denotes the part or portion of the PROJECT or task which will be funded by any given funding source. j (j) CONTRACT REVENUE - Operating revenue contracted by unit of service (i.e., trips, passengers, hours or miles). 1 (Y,) CONTRACT SUPPORT - Operating support contracted to the PUBLIC AGENCY. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is John Balmer i.e., Who has signatory powers •777 1.7. PROJECT MANAGER , The project manager, for this AGREEMENT on the staff of j the PUBLIC AGENCY is Hugh Mose who is directly responsible for the performance Called for in this AGREEMENT. 2.0 ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall perform such operations as stated in the grant application, for which financial assistance L. is being provided by the DEPARTMENT pursuant to this AGR EEMENT. 2.2 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the AGREEMENT period. 2.3 The PUBLIC AGENCY shall commence to carry out the goals and j objectives as described in Section 5.8. 3.0 ROLES AND RESPONSIBILITIES OF THE _DEPARTMENT 3.1 The DEPARTMENT will promptly reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any reimbursement request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount of reimbursement to the PUBLIC AGENCY. 3.2 The DEPARTI-IE14T shall provide management and technical assistance to the PUBLIC AGENCY as noted and detailed in Chapter 601J of the Code of Iowa (1979). j• -3- I a�� 9 MICROFILMED BY P JORM MICR+LAB 3 CEDAR RAPIDS • DES MOINES '' State, Transit Assistance ' reement !� OP: 6/80 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all trans- portation -related costs, revenues, and operating sources are recorded so that they may be clearly identified, easily traced, and substantially documented. If the Uniform Data Management System developed by the DEPART- MENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above infor- mation is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY 'nay charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work, covered by this AGREEMENT and allowable under tire provisions of Federal Manage- ment Circular 74-4Items 255) Appendix B "Stan- dards of Selected tems of Cost" made part of this AGREEMENT as Appendix B. (8) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the effective date of this AGREEMENT will be eligible for reimbursement as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. 5.7 110N-DISCRI14INATION 5.71 Civil Lights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 19641 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES l j i ' i 1� i i I i State, Transit Assistance ' reement !� OP: 6/80 4.0 NO PROVISIONS 5.0 PERFORMANCE STANDARDS 5.1 through 5.5 - No provisions 5.6 DATA AND FINANCIAL REPORTING ACCURACY 5.61 The PUBLIC AGENCY shall be responsible for seeing that a set of accounts is established to which all trans- portation -related costs, revenues, and operating sources are recorded so that they may be clearly identified, easily traced, and substantially documented. If the Uniform Data Management System developed by the DEPART- MENT, has been implemented in the PUBLIC AGENCY, the Uniform Data Management System shall be fully utilized and maintained as the system by which the above infor- mation is gathered, kept, organized and reported. 5.62 The PUBLIC AGENCY 'nay charge all eligible and allowable costs to the PROJECT. (A) Eligible costs are those costs attributable to the specific work, covered by this AGREEMENT and allowable under tire provisions of Federal Manage- ment Circular 74-4Items 255) Appendix B "Stan- dards of Selected tems of Cost" made part of this AGREEMENT as Appendix B. (8) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the effective date of this AGREEMENT will be eligible for reimbursement as a PROJECT COST. (C) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, vouchers, warrants, contracts, and any other support evidencing that those costs were specifically incurred and paid. All documentation of PROJECT costs shall be clearly identified and readily accessible. 5.7 110N-DISCRI14INATION 5.71 Civil Lights The PUBLIC AGENCY will comply with all the requirements imposed by Title VI of the Civil Rights Act of 19641 and the non-discrimination clauses attached as the Appendix G and hereby made a part of this AGREEMENT. -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES l -State Transit Assis ice Agreement 5.72 Equal Employment Opportunity I OP: 6/80 (A) In connection with the execution of this contract, the PUBLIC AGENCY shall net discriminate against any employee or applicant for employment because of race, age, handicap, religion, color, sex, or nat- ional origin. The PUBLIC AGENCY shall take affirm- ative action to insure that applicants are employed, and that employees are treated during their employ- ment, without regard to their race, age, handicap, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), procurement of materials, and leases of equipment. ' The PUBLIC AGENCY shall not participate either directly or indirectly in prohibited discrimination. (B) In all solicitations either by competitive bidding or negotiation made by the PUBLIC AGENCY for wort: to be performed under a subcontract, including procurement of materials or leases or equipnent, each potential subcontractor or supplier shall notified by the PUBLIC AGENCY of the PUBLIC AGENCY's obligations under this contract relative to non- discrimination on the grounds of race, age, handicap, color, sex, national origin, or religion. 5.73 Minority Business Enterprise In connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regard to the maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum praciticable opportunity to compete for subcontract work, under this contract. 5.8 CONTRACT OBJECTIVES Progress or attainment of the following enumerated contract objectives will, in part, determine the level of funding during the ensuing year. Acceptance of those items will be subject to verification of the financial and operating data supporting said items. -5 X119 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES State Transit Assistance P-Ureement AN OP: 6/80 5.81 Statistical Objectives: I (A) I = 2,000,00.0 (B) Annual Ridership = ,-O-U _OQO_= 1.45 i 1,377,894 (C) State Transit Assistance P-Ureement AN OP: 6/80 5.81 Statistical Objectives: (A) Annual Ridership = 2,000,00.0 (B) Annual Ridership = ,-O-U _OQO_= 1.45 Operating Expense 1,377,894 (C) Annual Miles of Operation = 7.o o = 54 Operating Expense 1,377,894 (D) P.evenue = 626.750 = .46 Operating Expense 1,377,894 5.82 System Objectives: (A) To improve the average revenue/expense ratio duri the .first three ouarters of FY'81., to not less th .51, while increasing ridership by not less than average of 5% during the same period. Productivi index 6/3 or 6 nni.ntS improved in i nuarters. 5/3° ()r 5 pevice'•lt increased .in 3 nuarters. (C) (D) (E) ty 6.0 FINANCES and implement in 3 months. 6.1 METHOD OF PAYMENT The method of payment by the DEPART14ENT is the reimbursement of expenses Ilp to limits described in this AGREEMENT, as follows: 6.11 For each project of this AGREEMENT the DEPARTMENT will, upon receipt of sufficient documentation and appropriate request, reimburse the PUBLIC AGE14CY for the lesser of the following two amounts: A. Ceiling amount established in this AGREEMENT for the project, as denoted in Section 6.21; or B. The amount corresponding to the DEPARTMENT's project participation percentage multiplied by the actual project amount as denoted in Section 6.22. -6- MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES State Transit Assist' nce Agreement OP: 6/80 6.12 Advance allocations of state transit assistance funding will be made to the PUBLIC AGENCY in accord- ance with procedures denoted in 820-[09,8] Chapter 2, IAC, made part of this AGREEMENT as Appendix 14. Section 2.2(1) of 820-[09,6] Chapter 2, IAC (admini- strative rules for advance allocations), states that 25% of the total AGREEMENT amount will be paid to the PUBLIC AGENCY prior to or during each successive three month period. The following chart delineates the amount to be allocated to the PUBLIC AGENCY on a quarterly basis. Total State Transit Assistance Allocation-$ 155,070 1st Quarter Advancement-$ 38,768 2nd Quarter Advancement-$ 38,767 3rd Quarter Advancement-$ 38,768 4th Quarter Advancement-$ 38,767 If the total advance of the four quarters exceeds the amount eligible for payment under this AGREEMENT, repayment to the DEPARTMENT must accompany the end - of -the -year financial and statistical report, as cited in Section 2.9(1) of the rules for advance allocations. Also refer to Section 1.2 of this AGREEMENT. -6a- MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES a ;,9 *State Transit Assist^nce Agrcem2nt OP: 6/20 6.2 FINANCIAL LIMITS I. 6.21 The DEPARTMENT'S participation in the PROJECT cost will be limited to the following funding criteria: 6.22 The DEPARTMENT shall verify and reinburse the eligible cost of the PROJECTS based on the followling and up to the participation percentages denoted; if applicable: SPECIFIC LIME -ITEM, EXPENSES Olt COST PROJECTS ALLOCATION FACTORS USED FOR THE PROJECTS 1 . SI,�,.c ial Service a • IA City contracts slvxia] services With Johnson County.SEATS. Total contract $32,500. Io DOT share $32,500. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES DEPARTMENT's PARTICIPATION PERCENTAGE _ if applicable a. 1000 n PROJECTS DEPARTME CIT' s CEILING Ai•IOUN 1. Sia i:al S^svices $37.,500 2. Eveninq Service g7 100 3. n. Saturday Sexvi.ce I 25,470 5. 6. i DE11ARTMEHT's TOTAL CEILING A1401INT $155,070 6.22 The DEPARTMENT shall verify and reinburse the eligible cost of the PROJECTS based on the followling and up to the participation percentages denoted; if applicable: SPECIFIC LIME -ITEM, EXPENSES Olt COST PROJECTS ALLOCATION FACTORS USED FOR THE PROJECTS 1 . SI,�,.c ial Service a • IA City contracts slvxia] services With Johnson County.SEATS. Total contract $32,500. Io DOT share $32,500. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES DEPARTMENT's PARTICIPATION PERCENTAGE _ if applicable a. 1000 n i' i I' i I i; 5 LaLe lra11siL kssisLanc%: Ai'eei:,c:u� SPECIFIC LINE -ITEM, EXPENSES OR COST PROJECTS ALLOCATION FACTORS USED FOR THE PROM DEPARTMENT's PARTICIPATION l PERCENTAGE (if aoulicable) <�• During FYI 81 Iowa City a will provide 7644 hours of 75% evening services, at an hourly rate of $17.00 cost per hour. The Iowa DOT will fund .5,711. 7647 hrs. o. HAn dIS the total for a maximum dollar amount of $97,100. 6/8 a' Airing FY'81 Iowa City 37$ will provide 4.056 hours 9f Saturday service, at an hourly rate of $17.00 cost! per hour. The Iowa DOT !I. b. C. d. a. b. C. d. b. C. d. will fund 1,498. 2352 h NAn�iS Of the total for a nix °/'/ 0 % dollar amount• of $25,470. 14 -7a- MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES a. b. C. d. a. b'. C. 'd. a. b. C. d. t St@tc Tra;lsit Assisr -nce Agreement OP: G/BO 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if the amount eligible to be paid equals zero dollar, there will be no funding by the DEPARTMENT for any such projects (refer to Sections 6.1 and 6.2). 6.32 Reimbursement requests by the PUBLIC AGE14CY to the DEPARTMENT shall be made. by project as outlined in Section 6.2. Reimbursement requests shall reflect costs incurred toward each task. Overruns in costs of tasks shall not be reimbursed unless a "change of work" request has the approval of the DEPARTMENT prior to the occurrence of the cost overrun. The DEPARTMENT's total ceiling amount shall not be increased by this provision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT as non-operating revenue. '6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY AND SERVICE 6.51 All accounting practices applied and all records maintained will be in accordance with generally - accepted accounting principles and procedures as well as those that may be prescribed by the DEPARTMENT. 6.52 The PUBLIC AGENCY shall permit and shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regards to the AGREEMENT and to audit the books, records, and accounts of the PUBLIC AGENCY and its contractors with, regards to the AGREEMENT. 6.53 All records applicable to the AGREEMENT must be retained and available to the DEPARTMENT fora period of three (3) years after the issuance of the audit certificate concerning this AGREEMENT. The PUBLIC AGENCY.shall provide copies of said records and documents to the DEPARTMENT upon request. 6.54 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the PUBLIC AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i j i i i I I i t St@tc Tra;lsit Assisr -nce Agreement OP: G/BO 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual project amount, if the amount eligible to be paid equals zero dollar, there will be no funding by the DEPARTMENT for any such projects (refer to Sections 6.1 and 6.2). 6.32 Reimbursement requests by the PUBLIC AGE14CY to the DEPARTMENT shall be made. by project as outlined in Section 6.2. Reimbursement requests shall reflect costs incurred toward each task. Overruns in costs of tasks shall not be reimbursed unless a "change of work" request has the approval of the DEPARTMENT prior to the occurrence of the cost overrun. The DEPARTMENT's total ceiling amount shall not be increased by this provision. 6.33 Any revenue generated by interest payments on PROJECT funds shall be credited to the PROJECT as non-operating revenue. '6.4 NO PROVISIONS 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY AND SERVICE 6.51 All accounting practices applied and all records maintained will be in accordance with generally - accepted accounting principles and procedures as well as those that may be prescribed by the DEPARTMENT. 6.52 The PUBLIC AGENCY shall permit and shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials, records, and any other data with regards to the AGREEMENT and to audit the books, records, and accounts of the PUBLIC AGENCY and its contractors with, regards to the AGREEMENT. 6.53 All records applicable to the AGREEMENT must be retained and available to the DEPARTMENT fora period of three (3) years after the issuance of the audit certificate concerning this AGREEMENT. The PUBLIC AGENCY.shall provide copies of said records and documents to the DEPARTMENT upon request. 6.54 The PUBLIC AGENCY shall provide all information and reports required by the DEPARTMENT, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the DEPARTMENT to be pertinent to ascertain compliance. Where any information required of the PUBLIC AGENCY is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the PUBLIC AGENCY shall so certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i State Transit Assistance Agreement OP: 6/80 s n 6.55 The PUBLIC AGENCY shall .permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 The PUBLIC AGENCY agrees to supply a quarterly financial operating statement along with a list of all funding sources and amounts utilizing the report forms supplied by the DEPARTMENT. This material must be submitted to the DEPART- MENT within 30 days after each of the first three quarters. This must cover each project in the AGREEMENT and the entire operating account. The following budget shall be in the format of one such report and is completed in this AGREEMENT for information only (i.e., does not represent financial commitments). Failure to do so during this contract period may result in the establishment of a penalty or forfeiture clause in the following year's contract, at the discretion of the DEPARTMENT. d, 7.2 YEAR. END REPORT At the end of the PROJECT period, the PUBLIC AGENCY must submit within 45 days a final invoice, and financial operating statement showing the total expense and revenue of the total transit system. Failure to do so will be grounds for forfeiture of the funding of the remaining portion of the PROJECT by the DEPARTMENT. "- 7.3 REIMBURSEMENT INFORMATION 7.31 The PUBLIC AGENCY may submit quarterly progressive billings to the DEPARTMENT covering those eligible costs by project that have been incurred by the PUBLIC AGENCY. 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to jus- tify and support said costs and payment for each project. 7.333 The financial operating. statement must accompany all requests for operating assistance and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and line -items as outlined in this AGREEMENT. MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES r C211 9 ;I 'f a I i I t i I i State Transit Assistance Agreement OP: 6/80 s n 6.55 The PUBLIC AGENCY shall .permit the DEPARTMENT or its authorized representatives to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rendered by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 REPORTING REQUIREMENTS 7.1 The PUBLIC AGENCY agrees to supply a quarterly financial operating statement along with a list of all funding sources and amounts utilizing the report forms supplied by the DEPARTMENT. This material must be submitted to the DEPART- MENT within 30 days after each of the first three quarters. This must cover each project in the AGREEMENT and the entire operating account. The following budget shall be in the format of one such report and is completed in this AGREEMENT for information only (i.e., does not represent financial commitments). Failure to do so during this contract period may result in the establishment of a penalty or forfeiture clause in the following year's contract, at the discretion of the DEPARTMENT. d, 7.2 YEAR. END REPORT At the end of the PROJECT period, the PUBLIC AGENCY must submit within 45 days a final invoice, and financial operating statement showing the total expense and revenue of the total transit system. Failure to do so will be grounds for forfeiture of the funding of the remaining portion of the PROJECT by the DEPARTMENT. "- 7.3 REIMBURSEMENT INFORMATION 7.31 The PUBLIC AGENCY may submit quarterly progressive billings to the DEPARTMENT covering those eligible costs by project that have been incurred by the PUBLIC AGENCY. 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as the DEPARTMENT may require to jus- tify and support said costs and payment for each project. 7.333 The financial operating. statement must accompany all requests for operating assistance and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and line -items as outlined in this AGREEMENT. MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES r C211 9 ;I 'f a I f State Transit Assist,'�ce Agreenent OPERATION FUNDING AND r ciwn wln. n OP: G/80 i u�,�wl,1HL JIHICM CIVI • Annual i Dudgm 1. OPEnAT10NAL FUNOING�A+l3+C) 1 377 894 A. Oparaling Support (1+2) 737,144 1. Contract Support (o•)) 155,070 D. lova DOT 155,070 b. -- a d. . h. • I I. 2. Non -Contract + Support (a.0 582,074 e a• Towacity (Gen. fund) 173,007 b. ELNd, ReM, DL1P- —Sh4riP9- 277,824 c• TnI$tL d-Za M Account 81,243 d• pc)rf T;, city 50,000 ' _ e h. D. Operating Flevenue 11+2 628,7 50 1. Contract Revenuo a.n 9,750 n. Contract University Heights 9,750 b• C. - .,. d. . h. r.. 1. M. n. Charter Ravenue 2. FareboxRavenua 619,000 C. Non2ptmIIng Revnnue.M,—_12,000 i 1. Interest Income ' 2. Adverllilnp '10,000 3. Misc. 2,000 4. 5. ,1 Il, OPERATING EXPENSES rEymm�`S'i{ie_nl —• n �' _ FOR INFORMATION ONLY (NOT FUNDING COMMITMENT) _10_ I . t MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i OP: 6/8U j St,e.te Transit As sistancr`Agreement y j 7:4 REPORT SUBMISSIONS All reports and submissions from the PUBLIC AGENCY concerning this AGREEMENT shall be sent to the Public Transit Division, Iowa Department of Transportation, 5268 N.W. 2nd Avenue, Des Moines, IA 50313.. IN WITNESS WHEREOF, the parties hereunto have cause this AGREEMENT to be executed�by their proper officials thereunto duly authorized as of the dates below indicated. IN 1-11TNESS THEREOF, we have hereunto set our hands this day of 19 80 . IOWA CITY TRANSIT PUBLIC TRANSIT DIVISION 410 E. TY TRANSIT IOWA DEPART14ENT OF TRANSPORTATION I10 CITY, IA ON 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 Phone: (515) 281-4265 it U y J nne Short, Director John Balmer,,.1/k y/rte I i I MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i 0 I i 1 -4r 1. I IN WITNESS WHEREOF, the parties hereunto have cause this AGREEMENT to be executed�by their proper officials thereunto duly authorized as of the dates below indicated. IN 1-11TNESS THEREOF, we have hereunto set our hands this day of 19 80 . IOWA CITY TRANSIT PUBLIC TRANSIT DIVISION 410 E. TY TRANSIT IOWA DEPART14ENT OF TRANSPORTATION I10 CITY, IA ON 5268 N.W. SECOND AVENUE DES MOINES, IA 50313 Phone: (515) 281-4265 it U y J nne Short, Director John Balmer,,.1/k y/rte I i I MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i 0 I y ' No. 14 _ $ 2,677.08 + UNITED STATES OF AMERICA STATE OF IOWA CITY OF IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to John Nolan & Continental Insurance Company , its successors or assigns, the sum of $ 2,677.08 with interest thereon at the rate of seven percent (78) per annum, until called for payment. Interest shall commence if this warrant is not paid upon presentation hereof. This Warrant is drawn on and payable solely from the 1979 BDI Second Addition Improvements Construction Fund, or any fund from which payment for such work may be made. This instrument is one of a series of similar instruments given in payment for street and sewer improvements designated as the 1979 BDI Second Addition Improvements, of said City, being constructed under contract dated6-21 1979, and issued under authority of Section 384.57 of the City Code of Iowa. The City of Iowa City reserves the right to prepay the amount represented hereby at any time with accrued interest to the date of such payment. Both principal and interest of this Warrant are payable at the office of the City Treasurer or Financial Officer of .the City of Iowa City, State of Iowa. IN WITNESS WHEREOF, the City of Iowa City has caused this I instrument to be executed by its Mayor, and attested by its Clerk, with the seal of said City affixed as of the 12th day o f November-_- _ - - -_L 19 80 TY OF IOWA ITY (SEAL) IOWA ATTEST:_1 ayor Clerk` X�!-� This instrument•presente and not paid for want of funds = this ,SWvday of T/�, 19 2,0.. "`ill___ I City Trea urer i _ I i AHLLRl. COONEY. DORWLILLR. HAYNIL l SMITH. LAWYLRS, Dn MOINLl. IOWA C3 ►-a ° i MICROFILMED BY JORM MICR+LAB { CEDAR RAPIDS • DES MOINES ASSIGNMENT 1 The attached Construction Warrant in the amount of $ , is hereby assigned to in consideration of receipt by the undersigned f said assignee of the sum of Dated this day of _, 19 (Insert name of company or engineer or other person entitled to the temporary obligation and be certain that the assignment is properly executed by the officials of the respective company, engineer, or other person so entitled thereto.) f I { I ANLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DEE MOINES. IOWA a�ao i ......,.. } .ural I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES n, Council Member Roberts Resolution entitled ESOLUTION DIRECTINGTHEoLDELIVEfollowing CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moveOF d its adoption. Council Member motion to adopt. as—ciise�_� seconded the p The roll was called and the vote was, AYES: Neuhauser Perr'et _____� Roberts Vevera, _Balmer, Erdahl� Lynch NAYS: None__ _ Whereupon, the Mayor declared the duly adopted: following Resolution 80-498 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT hWHEREAS, the Council of the City of Iowa City, Iowa, eretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the 384.57rthe fCity sCode tofnIowa,abearinguinterestaat sevenction Percent (79) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions .for retaining not less than ten Percent (109) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- f AHLE A6, COONEY, DOpWEILER, HAYNIEA SNIT". LAWYEAB, DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB " CEDAR RAPIDS • DES MOINES _ J i i n, Council Member Roberts Resolution entitled ESOLUTION DIRECTINGTHEoLDELIVEfollowing CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moveOF d its adoption. Council Member motion to adopt. as—ciise�_� seconded the p The roll was called and the vote was, AYES: Neuhauser Perr'et _____� Roberts Vevera, _Balmer, Erdahl� Lynch NAYS: None__ _ Whereupon, the Mayor declared the duly adopted: following Resolution 80-498 RESOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT hWHEREAS, the Council of the City of Iowa City, Iowa, eretofore entered into contract for the construction of the 1979 BDI Second Addition Improvements, and in said contract provided that payment to the contractor or contractors, and others, would be made at the option of the City by the 384.57rthe fCity sCode tofnIowa,abearinguinterestaat sevenction Percent (79) per annum; and WHEREAS, the following balances are owing in connection with the construction of said public improvements above referred to, and have been duly approved by the Project engineer with provisions .for retaining not less than ten Percent (109) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit: TO: -2- f AHLE A6, COONEY, DOpWEILER, HAYNIEA SNIT". LAWYEAB, DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB " CEDAR RAPIDS • DES MOINES _ J is i i I n and n WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE•', BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and Clerk are authorized and directed to execute and deliver to said above contractor or contractors, and others, Construction Warrants drawn on the 1979 BDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT N0. TO DATE AMOUNT 14 John Nolan, as attorney for Continental Insurance Company, as surety of Cedar Hills Contractors a/l/a Cedar Hill Construc- tion -3- 11/12/80 $ 2,677.08 AN LERS• GOONEY. DORWEILER. HA YM I E! SMITH. LAWYERS. DES MOINES, IOWA I i MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 0 PASSED AND APPROVED, this 18th— day of November 19 80. 'JMayor ATTEST: Clerk (SEAL) -4- FILER. HAYNieftSMITH. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES 3 RESOLUTION NO. 80-499 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with -Shoemaker A Haaland PrnfPsainn-1 Fnors , a copy of said contract being attached to this Resolution and by this reference made a part hereof, and MfREAS, the City Council deans it in the public interest to enter into said contract for Professional -engineering design serv,roc for the low r Ralston r k I=royPmPnt Prnjert NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Shoemaker & Haaland Prof ssinnal FnAinoarc 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same, 77 1 It was moved by Erdahl and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl Absta n Lynch x Neuhauser x Perret x -Roberts Vevera Neuhauser Passed and approved this 18th day of November 19 v - Mayor Alz ATTEST: ,0 6 City Clerk MICROFILMED BY JORM MICR+LA6 i CEDAR RAPIDS • DES MOINES 2 RrrFiVF.D & bl t r,•T a BY &'8E LEGO DEPART • iT AGREEMENT This Agreement, made and entered into this 19th day of November 1980, by and between the City of Iowa City, amunicipal corporation hereinafter referred to as the City, and Shoemaker & Haaland, Professional Engineers, Inc., hereinafter referred to as Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment 'or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. SCOPE OF SERVICES The City desires to alter the Ralston Creek channel in order to provide sufficient capacity to contain 100 year floods throughout the channel reach from Harrison Street to Kirkwood Avenue. This work shall be carried out in accordance with the Ralston Creek Watershed Storm Water Management Plan, prepared by Shoemaker and Haaland, Professional Engineers. The scope of services of this Agreement shall include: Phase A - Design Phase Phase 8 - Bidding and Construction Phase Phase C - Special Services Design Phase - Phase A After conveyance of signed contract documents to Consultant, and upon written notice to proceed, the Consultant shall carry out the following: 1. Preparation of base maps from aerial photographs to be supplied by the City. 2. Preparation of preliminary plans, including schematic layouts based on detailed engineering analysis and cost estimates for the desired project improvements (see Exhibit A). Hydrological analysis shall be provided by others, designated by the City. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES x I AGREEMENT This Agreement, made and entered into this 19th day of November 1980, by and between the City of Iowa City, amunicipal corporation hereinafter referred to as the City, and Shoemaker & Haaland, Professional Engineers, Inc., hereinafter referred to as Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment 'or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. SCOPE OF SERVICES The City desires to alter the Ralston Creek channel in order to provide sufficient capacity to contain 100 year floods throughout the channel reach from Harrison Street to Kirkwood Avenue. This work shall be carried out in accordance with the Ralston Creek Watershed Storm Water Management Plan, prepared by Shoemaker and Haaland, Professional Engineers. The scope of services of this Agreement shall include: Phase A - Design Phase Phase 8 - Bidding and Construction Phase Phase C - Special Services Design Phase - Phase A After conveyance of signed contract documents to Consultant, and upon written notice to proceed, the Consultant shall carry out the following: 1. Preparation of base maps from aerial photographs to be supplied by the City. 2. Preparation of preliminary plans, including schematic layouts based on detailed engineering analysis and cost estimates for the desired project improvements (see Exhibit A). Hydrological analysis shall be provided by others, designated by the City. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES x i e_\ F 3. Preparation of detailed contract drawings (see Exhibit A) suitable for inclusion in project bid documents. 4. Preparation of specifications. The Consultant will prepare technical specifications suitable for inclusion with the City's standard specification forms. 5. After collecting necessary information, apply for and obtain any required permits from state and federal agencies. 6. Preparation of final construction cost estimate upon completion of final design. The construction cost estimate will include a bidding contingent of ten percent. If the lowest bona fide proposal or bid exceeds the established construction cost limit, the City may choose to revise the project scope or quality. In this case, Consultant shall, without additional charge beyond the maximum cost approved for the Design Phase, modify the contract documents as necessary to bring construction costs within the cost limit. 7. Under the City's direction, prepare final contract documents in such a manner as to facilitate contract participation by small businesses and minority - or female -owned businesses. Design Phase shall be considered completed upon acceptance and/or approval by the City of Iowa City of the Consultant's work products, as set forth above, and upon written notification to Consultant by the City. Bidding and Construction Phase - Phase B Upon written notice to proceed, the Consultant shall carry out the following: 1. Assist the City in securing bids, including preparation of necessary bid documents, receiving and tabulating bids, and awarding contracts. Printing for such bid documents will be provided by the City, 2. Compile a list of qualifi0d contractors, including minority contractors (MBEs), for mailing of bid packet. 3. Consult and advise the City during construction relative to this project. 4. Prepare elementary sketches and supplementary sketches required to resolve actual field conditions encountered. 5. Check detailed construction drawings and shop erection drawings submitted by contractors for compliance with design concept. This MICROFILMED BY F JORM MICR+LAB CEDAR RAPIDS • DES MOINES x 1 e_\ F 3. Preparation of detailed contract drawings (see Exhibit A) suitable for inclusion in project bid documents. 4. Preparation of specifications. The Consultant will prepare technical specifications suitable for inclusion with the City's standard specification forms. 5. After collecting necessary information, apply for and obtain any required permits from state and federal agencies. 6. Preparation of final construction cost estimate upon completion of final design. The construction cost estimate will include a bidding contingent of ten percent. If the lowest bona fide proposal or bid exceeds the established construction cost limit, the City may choose to revise the project scope or quality. In this case, Consultant shall, without additional charge beyond the maximum cost approved for the Design Phase, modify the contract documents as necessary to bring construction costs within the cost limit. 7. Under the City's direction, prepare final contract documents in such a manner as to facilitate contract participation by small businesses and minority - or female -owned businesses. Design Phase shall be considered completed upon acceptance and/or approval by the City of Iowa City of the Consultant's work products, as set forth above, and upon written notification to Consultant by the City. Bidding and Construction Phase - Phase B Upon written notice to proceed, the Consultant shall carry out the following: 1. Assist the City in securing bids, including preparation of necessary bid documents, receiving and tabulating bids, and awarding contracts. Printing for such bid documents will be provided by the City, 2. Compile a list of qualifi0d contractors, including minority contractors (MBEs), for mailing of bid packet. 3. Consult and advise the City during construction relative to this project. 4. Prepare elementary sketches and supplementary sketches required to resolve actual field conditions encountered. 5. Check detailed construction drawings and shop erection drawings submitted by contractors for compliance with design concept. This MICROFILMED BY F JORM MICR+LAB CEDAR RAPIDS • DES MOINES x 3 review does not relieve the construction contractor or supplier from responsibility for errors, correctness of detail conformance with the contract(s). or 6. The City's Engineering Division will be responsible for resident project inspection. However, the Consultant will make three (3) visits to the project site upon 25%, 75% and 100% completion of the project, as an experienced and qualified design professional, to observe the progress and quality of the executed work to determine in general ifthe work is proceeding in accordance with contract documents. The City Engineer shall be advised of any deficiencies noted or anticipated during these periodic visits. 7. Make a final inspection report to the City upon completion of the project. Consultant's participation in Construction Phase shall be considered complete upon written notification to Consultant by the City, Special Services - Phase C Upon written request by the City, and approval of cost estimates, the Consultant agrees to furnish or obtain from others, special services. Such services may include, but are not limited to: I. Land surveys, title and easement searches, and description of boundaries and monuments and related office computations and draftings. 2. Technical observation by a resident project representative and supporting staff as required, who will observe the work for compliance with contract documents and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to: (a) setting up lines and grades as construction proceeds; and (b) revision of contract drawings to show location and nature of improvements as observed to be constructed. 3. Assist the City as expert witness in litigation arising from the development or construction of the project and hearings before various approving and regulatory agencies. II, TIME OF COMPLETION The Consultant will complete the phases of this project within the schedule listed below, subject to the timely review and approval of the Consultant's work by the City: ala, MICROFILMED BY c JORM MICR+LAB CEDAR RAPIDS • DES MOINES i I !'1 4 Design Phase - February 28, 198L Bidding Phase - April 15, 1981 Construction Phase - Nov. 15, 1981 Time of completion of work is of the essence in this Contract. Should the Consultant neglect, refuse or fail to complete the entire project or portions thereof under his/her control within the time herein agreed upon, the City shall have the right to deduct from and retain out of such moneys, which may be then due or which may become due and payable to the Consultant, the sum of $100 per calendar day for each and every calendar day that such project is delayed in its completion beyond the time specified, as liquidated damages and not as penalty. III. GENERAL TERMS 1. Should the Consultant or the City terminate this contract, said Consultant shall be paid on the basis of the schedule of hourly fees and charges for professional services as herein attached after all work and services performed up to the time of termination. however, such sums shall not exceed the "not to exceed" amount listed in Section IV. Either party may terminate this Agreement upon seven (7) days written notice, to the other party. If the City and Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedure of the American Arbitration Association. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 3. Consultant agrees to indemnify and hold harmless the City of Iowa City against any and all claims filed or asserted which are the direct or indirect results of Consultant's negligence or wrongful acts. 4. It is understood and agreed that the retention of the Consultant by the City for the purpose of said project shall be exclusive but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.10 multiplier times the amount billed, 5. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES m 5 6. Is is further agreed that no party to this Agreement will perform contrary to any state, federal, or county law or any of the ordinances of the City of Iowa City, Iowa. 7. The Consultant shall attend such meetings of the City Council and/or the Committee on Community Needs relative to the work set forth in this contract and as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. 8. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Consultant shall not be liable for use of such documents on other projects. 9. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. 10. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 11. Should any section of this contract be found invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 12. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for their filing use. 13. Direct personnel expenses for the purpose of this contract shall be defined. as hourly wage plus retirement and fringe benefits. Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 14. Records of the Consultant's direct personnel expense, Consultant expense and reimbursable expenses pertinent to the project, and records of account between the City and the Consultant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutually convenient times. 15. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other duly MICROFILMED BY DORM MICR+LA6 CEDAR RAPIDS • DES MOINES alai 3 authorized representative shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examination, excerpts, and transcriptions. 16. Interest of certain Federal and other officals: a. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit to arise herefrom. b. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any function or responsibility in connection with review, approval, or carrying out of the project to which this contract pertains, shall have any private interest, direct or indirect, in this contract. IV. COMPENSATION FOR SERVICES Phase A - Design Phase The Consultant shall be paid a fee on the basis of the schedule of hourly fees and charg s for professional services (attached), for services performed and billed to the City on a monthly basis. The total fee for Phase A shall not exceed $64,800. Phase 8 - Construction Phase The Consultant shall be paid a fee for services as requested by the City on the basis of the schedule of hourly fees and charges for professional services (attached), for services performed and billed to the City on 1 monthly basis. The total fee for Phase 8 shall not exceed $9,128. Phase C - Special Services The City agrees to pay for performance of special services described in this Agreement. Compensation shall be paid on the basis of the schedule of hourly fees and charges for professional services (attached). The total fee for each requested duty shall be established before the beginning of that task. The un triplicate asrsthough eachewee ant origi alta�nd th trathere arecnohs contct is eoral agreements that have not been reduced to writing in this instrument. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES alai � I � \ r 7 It is further stated that there are no other considerations or monies contingent upon or resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITYY:: / 71lz c�iw MEMO & APPROVE.) BY THE LEG4L DEP TWIT ///U�d r ' FOR THE,CONSULTANT:. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ,I AT�EST:' IIrr . M EXHIBIT A SCOPE OF SERVICES General Statement: To provide engineering design for a flood control project along the lower reaches of Ralston. Creek from Harrison Street to Kirkwood Avenue. Consultant will be responsible for the engineering design for the following improvements; subject, however, to change upon written mutual agreement between the City and Consultant: 1. Excavation and expansion of the Ralston Creek west bank to a 30-35 ' foot bottom width, and approximate 80 foot top width from Harrison Street to Kirkwood Avenue. Construction of a land form with the excavated channel material along the west bank. 2. Place rip -rap and sod on the Ralston Creek banks between Kirkwood Avenue and Harrison Street. 3. Installation of sheet piling at the National Copy Center site. 4. Relocation of water and sewer utilities. 5. General landscaping throughout the project area. 6. Construction of a new culvert on the west side of the existing Benton Street culvert. I I 7. Reconstruction of Curb, sidewalk, handrails and streets to allow smooth overtopping of flood waters at Prentiss Street. 8. Installation of a storm water pumping station at Benton Street. I j 9. Installation of storm water pumping station at the National Copy Center site. 10. Pavement removal, grading and resurfacing of one block of Benton ' Street between Gilbert Street and Dubuque Street, i i ,1 RIQq MICROFILMED BY i JORM MICR+LA6 i' CEDAR RAPIDS • DES MOINES 2 i EXIIIHIT 6 SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS ,lanuary 1, 1980 Direct Ile rsonnol Ll nse. Title $/Hr. Principal (P.E.) $ 24.49 Senior Design Engineer (P.E.) Grade I (P.E.) 17.45 Gradc II (11.E.) 14.70 13.78 Grade III (P.E.) Junior Design Engineer (EIT) Grade I 11.33 Grade II 10.41 .. Technician Grade I 10.41 Grade II 9.80 Drafting Personnel Chief Draftsman 9.80 Grade I 9.55 Grade II 7.01 Grade III 6.05 i Surveying Personnel Chief Surveyor 11.33 Instrument Man 10.41 Assistant Surveyor Grade I 9.18 Grade II 7.96 Two -Man Survey Party 21.74 Three -Man Survey Party 30.92 f Clerical 6.37 Construction Inspector Grade I 10.41 Grade II ; Signed 'Gle D. S oemaker, P.E. President anal i Y � MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES �, n ExHI_ DIT C D 6 D ENGINEERING SERVICES January 1, 1980 Schedule of Direct Personnel Expense Title $/Hr. Administrative 20.15 Senior Design Engineer 18.75 Senior Engineer Technician/Surveyor 9.25 Junior Engineering Technician/Drafting 5.50 Clerical 5.20 The amount of customary and statutory benefits of all other personnel will be considered equal to 22E of salaries and wages. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L( i i i i . I j i y ' i ';I ;1 1 i I` , n ExHI_ DIT C D 6 D ENGINEERING SERVICES January 1, 1980 Schedule of Direct Personnel Expense Title $/Hr. Administrative 20.15 Senior Design Engineer 18.75 Senior Engineer Technician/Surveyor 9.25 Junior Engineering Technician/Drafting 5.50 Clerical 5.20 The amount of customary and statutory benefits of all other personnel will be considered equal to 22E of salaries and wages. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L( i . I j i y ' i ';I V 4 `P� i I RESOLUTION NO. 80-500 RESOLUTION AUHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Shive-Hattery & Associates , a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract for Professional engineering dec;gn cArvirec fnr the Lower Ralston Creek Improvement Project_ NOW Mf BEFORE, BE IT RESOLVED BY TEE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Shive-Hattery & Associates 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Neuhauser and.secorded by. Lynch the Resolution be adopted, -and upon roll call there were: AYES: NAYS: ABSENT: X X X X X X - x _ - - i Passed and approved this lath day of 'November 19 :. I OZZ; yor ATTEST: � f--� L_ City Clerk P RECEIVED & APPROVED ByEGAL /EPARTMENZ� MICROFILMED BY JORM MICR+LAEI CEDAR RAPIDS • DES MOINES a�aa I i D n AGREEMENT This Agreement, made and entered into this 19th day of November 1980, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Shive-Hattery & Associates, hereinafter referred to as Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race,, color, religion, sex, national origin, disability, age, marital status or sexual preference. I. SCOPE OF SERVICES The City desires to alter the Ralston Creek channel in order to provide sufficient capacity to contain 100 year floods throughout the channel reach from Harrison Street to Kirkwood Avenue. This work shall be carried out in accordance with the Ralston Creek Watershed Storm Water Management Plan, prepared by Shoemaker and Haaland, Professional Engineers. The scope of services of this Agreement shall include: Phase A - Design Phase Phase B - Bidding and Construction Phase Phase C - Special Services Design Phase - Phase A After conveyance of signed contract documents to Consultant, and upon written notice to proceed, the Consultant shall carry out the following: 1. Preparation of hydrological analysis for entire Lower Ralston Creek channel. 2. Preparation of preliminary plans, including schematic layouts based on detailed engineering analysis and cost estimates for the desired project improvements (see Exhibit A). __. 1:... „r.. _. ,_.._ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i. I 'i i i �1 D n AGREEMENT This Agreement, made and entered into this 19th day of November 1980, by and between the City of Iowa City, a municipal corporation hereinafter referred to as the City, and Shive-Hattery & Associates, hereinafter referred to as Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does contract with the said Consultant to provide services as set forth herein according to the terms of this Agreement. Such contract for services shall be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race,, color, religion, sex, national origin, disability, age, marital status or sexual preference. I. SCOPE OF SERVICES The City desires to alter the Ralston Creek channel in order to provide sufficient capacity to contain 100 year floods throughout the channel reach from Harrison Street to Kirkwood Avenue. This work shall be carried out in accordance with the Ralston Creek Watershed Storm Water Management Plan, prepared by Shoemaker and Haaland, Professional Engineers. The scope of services of this Agreement shall include: Phase A - Design Phase Phase B - Bidding and Construction Phase Phase C - Special Services Design Phase - Phase A After conveyance of signed contract documents to Consultant, and upon written notice to proceed, the Consultant shall carry out the following: 1. Preparation of hydrological analysis for entire Lower Ralston Creek channel. 2. Preparation of preliminary plans, including schematic layouts based on detailed engineering analysis and cost estimates for the desired project improvements (see Exhibit A). __. 1:... „r.. _. ,_.._ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i. I 3 2 Preparation of detailed contract drawings (see Exhibit A) suitable for inclusion in project bid documents. 4. Preparation of specifications. The Consultant will prepare technical specifications suitable for inclusion with the City's standard specification forms. 5. After collecting necessary information, apply for and obtain any required permits from state and federal agencies. 6. Preparation of final construction cost estimate upon completion of final design. The construction cost estimate will include a bidding contingent of ten percent. If the lowest bona fide proposal or bid exceeds the established construction cost limit, the City may choose to revise the project scope or quality. In this case, Consultant shall, without additional charge beyond the maximum cost approved for the Design Phase, modify the contract documents as necessary to bring construction costs within the cost limit. 7. Under the City's direction, prepare final contract documents in such a manner as to facilitate contract participation by small businesses and minority - or female -owned businesses. Design Phase shall be considered completed upon acceptance and/or approval by the City of Iowa City of the Consultant's work products, as set forth above, and upon written notification to Consultant by the City. Bidding and Construction Phase - Phase B Upon written notice to proceed, the Consultant shall carry out the following: 1. Assist the City in securing bids, including preparation of necessary bid documents, receiving and tabulating bids, and awarding contracts. Printing for such bid documents will be provided by the City. 2. Compile a list of qualified contractors, including minority contractors (MBEs), for mailing of bid packet. 3. Consult and advise the City during construction relative to this project. 4. Prepare elementary sketches and supplementary sketches required to resolve actual field conditions encountered. 5. Check detailed construction drawings and shop erection drawings submitted by contractors for compliance with design concept. This MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES I I i 3 2 Preparation of detailed contract drawings (see Exhibit A) suitable for inclusion in project bid documents. 4. Preparation of specifications. The Consultant will prepare technical specifications suitable for inclusion with the City's standard specification forms. 5. After collecting necessary information, apply for and obtain any required permits from state and federal agencies. 6. Preparation of final construction cost estimate upon completion of final design. The construction cost estimate will include a bidding contingent of ten percent. If the lowest bona fide proposal or bid exceeds the established construction cost limit, the City may choose to revise the project scope or quality. In this case, Consultant shall, without additional charge beyond the maximum cost approved for the Design Phase, modify the contract documents as necessary to bring construction costs within the cost limit. 7. Under the City's direction, prepare final contract documents in such a manner as to facilitate contract participation by small businesses and minority - or female -owned businesses. Design Phase shall be considered completed upon acceptance and/or approval by the City of Iowa City of the Consultant's work products, as set forth above, and upon written notification to Consultant by the City. Bidding and Construction Phase - Phase B Upon written notice to proceed, the Consultant shall carry out the following: 1. Assist the City in securing bids, including preparation of necessary bid documents, receiving and tabulating bids, and awarding contracts. Printing for such bid documents will be provided by the City. 2. Compile a list of qualified contractors, including minority contractors (MBEs), for mailing of bid packet. 3. Consult and advise the City during construction relative to this project. 4. Prepare elementary sketches and supplementary sketches required to resolve actual field conditions encountered. 5. Check detailed construction drawings and shop erection drawings submitted by contractors for compliance with design concept. This MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 3 review does not relieve the construction contractor ol• supplier from responsibility for errors, correctness of detail or conformance with the contract(s). i 6. The City's Engineering Division will be responsible for resident project inspection. However, the Consultant will make three (3) visits to the project site upon 25%, 75% and 100% completion of the project, as an experienced and qualified design professional, to observe the progress and quality of the executed work to determine in general if the work is proceeding in accordance with contract documents. The City Engineer shall be advised of any deficiencies noted or anticipated during these periodic visits. 7. Make a final inspection report to the City upon completion of the project. Consultant's participation in Construction Phase shall be considered complete upon written notification to Consultant by the City. Special Services - Phase C Upon written request by the City, and approval of cost estimates, the Consultant agrees to furnish or obtain from others, special services. Such services may include, but are not limited to: 1. Soil investigations including test borings, related analysis, and recommendations. 2. Land surveys, title and easement searches, and description of boundaries and monuments and related office computations and draftings. 3. Technical observation by a resident project representative and supporting staff as required, who will observe the work for compliance with contract documents and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to: (a) setting up lines and grades as construction proceeds; and (b) revision of contract drawings to show location and nature of improvements as observed to be constructed. 4. Assist the City as expert witness in litigation arising from the development or construction of the project and hearings before various approving and regulatory agencies. 1, II. TIME OF COMPLETION The Consultant will complete the phases of this project within the schedule listed below, subject to the timely review and approval of the Consultant's work by the City: i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ai aa - 9 0 4 Design Phase - February 28, 1981 Bidding Phase - To be determined. Construction Phase - To be determined. Time of completion of work is of the essence in this Contract. Should a the Consultant neglect, refuse or fail to complete the entire project or 1 portions thereof under his/her control within the time herein agreed upon, the City shall have the right to deduct from and retain out of such moneys, which may be then due or which may become due and payable { to the Consultant, the sum of $100 per calendar day for each and every calendar day that such project is delayed in its completion beyond the time specified, as liquidated damages and not as penalty. III. GENERAL TERMS 1. Should the Consultant or the City terminate this contract, said Consultant shall be paid on the basis of the schedule of hourly fees and charges for professional services as herein attached after all work and services performed up to the time of termination. However, such sums shall not exceed the "not to exceed" amount listed in Section IV. Either party may terminate this Agreement upon seven (7) days written notice, to the other party. If the City and Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedure of the American Arbitration Association. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 3. Consultant agrees to indemnify and hold harmless the City of Iowa City against any and all claims filed or asserted which are the direct or indirect results of Consultant's negligence or wrongful acts. 4. It is understood and agreed that the retention of the Consultant by the City for the purpose of said project shall be exclusive but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.10 multiplier times the amount billed. 5. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 6. FA 8. 91 n 5 Is is further agreed that no party to this Agreement will perform contrary to any state, federal, or county law or any of the ordinances of the City of Iowa City, Iowa. The Consultant shall attend such meetings of the City Council and/or the Committee on Community Needs relative to the work set forth in this contract and as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, co its of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Consultant shall not be liable for use of such documents on other projects. The Consultant agrees to furnish all reports and/or drawings with the seal of a professional engineer or architect affixed thereto or such seal as required by law. 10. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 11. Should any section of this contract be found invalid, it is agreed that all other sections shall remainin full force and effect as though severable from the part invalid. 12. Original contract drawings shall become the property of the City, The Consultant shall be allowed to keep mylar reproducible copies for their filing use. 13. Direct personnel expenses for the purpose of this contract shall be defined as hourly wage plus retirement and fringe benefits. Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 14. Records of the Consultant's direct personnel expense, Consultant expense and reimbursable expenses pertinent to the project, and records of account between the City and the Consultant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutually convenient times. 15. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other duly MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 9 6 authorized representative shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examination, excerpts, and transcriptions. 16. Interest of certain Federal and other officals: a. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit to arise herefrom. b. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any function or responsibility in connection with review, approval, or carrying out of the project to which this contract pertains, shall have any private interest, direct or indirect, in this contract. IV. COMPENSATION FOR SERVICES Phase A - Design Phase The Consultant shall be paid a fee on the basis of the schedule of hourly fees and charges for professional services (attached), for services performed and billed to the City on a monthly basis. The total fee for Phase A shall not exceed $18,100. Phase 8 - Construction Phase The Consultant shall be paid a fee for services as requested by the City on the basis of the schedule of hourly fees and charges for professional services (attached), for services performed and billed to the City on a monthly basis. The total fee for Phase B shall not exceed $4,300. Phase C - Special Services The City agrees to.pay for performance of special services described in this Agreement. Compensation shall be paid on the basis of the schedule of hourly fees and charges for professional services (attached). The total fee for each requested duty shall be established before the beginning of that task. Soil testing services shall be reimbursed in accordance with the attached schedule, but not to exceed $10,000. The undersigned do hereby state that this contract is executed in triplicate as though each were an original and that there are no oral agreements that have not been reduced to writing in this instrument. MICROFILMED BY JORM MICR+LAB ` CEDAR RAPIDS • DES MOINES 1 II I 7 It is further stated that there are no other considerations or monies 1 contingent upon or resulting from the execution of this contract nor have any { a of the above been applied by any party to this Agreement. j FOR THE CITY: FOR THE CONSULTANT: d / l I I ATTEST: ATTEST: - L ,1 1. I + I f t � RECEIVED & APPROVED DEPARTVMI TIM L,E/--- / lr(9 a Baa MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS �( „ ,. • DES MOINES SCOPE OF SERVICES General Statement: EXHIBIT A To provide engineering design for a flood control project along the lower reaches of Ralston Creek from Harrison Street to Kirkwood Avenue. Consultant will be responsible for the engineering design for the following improvements; subject, however, to change upon written mutual agreement between the City and Consultant: 1. Construction of a new railroad trestle bridge at Lafayette Street, including removal of old bridge abutments at Lafayette Street. - , i j i . I I t, i 1 , SCOPE OF SERVICES General Statement: EXHIBIT A To provide engineering design for a flood control project along the lower reaches of Ralston Creek from Harrison Street to Kirkwood Avenue. Consultant will be responsible for the engineering design for the following improvements; subject, however, to change upon written mutual agreement between the City and Consultant: 1. Construction of a new railroad trestle bridge at Lafayette Street, including removal of old bridge abutments at Lafayette Street. MICROFILMED BY JORM MICR+LA6 S - CEDAR RAPIDS • DES MOINES i j i . I I MICROFILMED BY JORM MICR+LA6 S - CEDAR RAPIDS • DES MOINES 7)Lec"r< RESOLUTION NO. 80-502 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCK TWO OF COOK, SARGENT AND DOWNEY'S ADDITION (WEST OF GILBERT STREET AND SOUTH OF KIRKWOOD AVENUE). WHEREAS, the City of Iowa City owns the following real property: An alley running east and west in Block 2 of Cook, Sargent and Downey's Addition, with a width of 20 feet; and WHEREAS, the City Council of the City of Iowa City has adopted Ordinance No. 80-3000 on July 29, 1980, vacating the above-described alley; and WHEREAS, the City Council desires to sell the above-described real property to Chariton Storage Co.; and WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the sale of the above-described real property will be $10,000. 2. Chariton Storage Co. and Hy -Vee Food Stores, Inc., will provide the City with Quit Claim Deeds to the property immediately east of Ralston Creek, south of Kirkwood Avenue, and north of First Street; and WHEREAS, a public hearing on the proposed sale of this property was held on the 26th day of August, 1980, at the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City is authorized to convey the above-described real property to Chariton Storage Co. for the sum of $10,000 and in exchange for a Quit Claim Deed as described above. 2. That the Mayor is authorized to sign, and the City Clerk to attest, an appropriate Warranty Deed conveying the above-described property to Chariton Storage Co. It was moved by Vevera and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer i Erdahl x Lynch X Neuhauser x Perret _ x I x Vevera 7)Lec"r< RESOLUTION NO. 80-502 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN BLOCK TWO OF COOK, SARGENT AND DOWNEY'S ADDITION (WEST OF GILBERT STREET AND SOUTH OF KIRKWOOD AVENUE). WHEREAS, the City of Iowa City owns the following real property: An alley running east and west in Block 2 of Cook, Sargent and Downey's Addition, with a width of 20 feet; and WHEREAS, the City Council of the City of Iowa City has adopted Ordinance No. 80-3000 on July 29, 1980, vacating the above-described alley; and WHEREAS, the City Council desires to sell the above-described real property to Chariton Storage Co.; and WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the sale of the above-described real property will be $10,000. 2. Chariton Storage Co. and Hy -Vee Food Stores, Inc., will provide the City with Quit Claim Deeds to the property immediately east of Ralston Creek, south of Kirkwood Avenue, and north of First Street; and WHEREAS, a public hearing on the proposed sale of this property was held on the 26th day of August, 1980, at the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City is authorized to convey the above-described real property to Chariton Storage Co. for the sum of $10,000 and in exchange for a Quit Claim Deed as described above. 2. That the Mayor is authorized to sign, and the City Clerk to attest, an appropriate Warranty Deed conveying the above-described property to Chariton Storage Co. It was moved by Vevera and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch X Neuhauser x Perret _ x Roberts x Vevera MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Rawvad & Ap9mved By 1ho logal MparPment f rl n Passed and approved this 18th day of Nov. /1199�8J0. OR 51 _ ATTEST: P CITY CLERK MICROFILMED BY JORM MICR¢LAS CEDAR RAPIDS • DES MOINES h I� RESOLUTION NO. 80-502 RESOLUTION AUTHORIZING AMENDMENTS TO THE FIFTH YEAR HOLD -HARMLESS COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET. WHEREAS, the City of Iowa City, Iowa, is the recipient of Community Development Block Grant funds 'granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Develop- ment Act of 1974, as amended (Public Law 93-383); and WHEREAS, the City of Iowa City wishes to allocate additional funds for completion of the Senior Center Renovation Project and for Housing Rehabilitation; and WHEREAS, an opportunity exists whereby said Senior Center and Housing Rehabilitation projects may be funded from contingency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Manager is hereby authorized and directed to amend the City's Fifth Year Hold -Harmless Community Development Block Grant budget by increasing funding for the Senior Center Renovation Project and Housing Rehabilitation by the amounts indicated below: Senior Center Renovation $114,856.00 Housing Rehabilitation 100,000.00 2. That funds for these activities be allocated from the existing hold - harmless contingency. It was moved by Npuhauger and seconded by Perret that the resolution as read be adopted, and upon roll call there were:, AYES: NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 18thday of November 1980. «—" MAYOR ATTEST: CITY CLERK. MICROFILMED BY i JORM MICR+LA13 CEDAR RAPIDS • DES MOINES REGEI'rED & PPPilOYED BY THE LEGAL DEPAR HENT I is ti _ I Memorandum of Agreement Iowa City, Iowa November 18 1980 The City Council of Iowa City, Iowa, met in foYmal session on the lath day of November 1980, at 7:30 o'clock, _.m., at Fie Civic Center in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Rosja, Ltd. It and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, -the following named Council Members voted: Ayes:Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. Balmer Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. 4,z, mayor Attest &Z City Clerk (Seal) -1- SELIN. HARRIS. HELMICK 6 LOVRIEN, LAWYERS, DES MOINES, IOWA I. i _ I Memorandum of Agreement Iowa City, Iowa November 18 1980 The City Council of Iowa City, Iowa, met in foYmal session on the lath day of November 1980, at 7:30 o'clock, _.m., at Fie Civic Center in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Rosja, Ltd. It and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, -the following named Council Members voted: Ayes:Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. Balmer Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. 4,z, mayor Attest &Z City Clerk (Seal) -1- SELIN. HARRIS. HELMICK 6 LOVRIEN, LAWYERS, DES MOINES, IOWA , 11 I I I 1 I' I I 4 _ I Memorandum of Agreement Iowa City, Iowa November 18 1980 The City Council of Iowa City, Iowa, met in foYmal session on the lath day of November 1980, at 7:30 o'clock, _.m., at Fie Civic Center in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Rosja, Ltd. It and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, -the following named Council Members voted: Ayes:Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. Balmer Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. 4,z, mayor Attest &Z City Clerk (Seal) -1- SELIN. HARRIS. HELMICK 6 LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES , 11 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 80-503 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Rosja, Ltd. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Rosja, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the -Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- SELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES, IOWA alb MICROFILMED BY n JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1� �I 80-503 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Rosja, Ltd. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Rosja, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the -Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- SELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES, IOWA alb MICROFILMED BY n JORM MICR+LAB CEDAR RAPIDS • DES MOINES s Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980. �JMayor Tts' city clerk (Seal) Y r ,ri s Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980. �JMayor Tts' city clerk (Seal) -3- BELIN. HARRIS. HELMICK 6 LOVRIEN, LAWYERS, DES MOINES. IOWA MICROFILMED BY .. JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Y ,ri ' l ; Ir `I I i n -3- BELIN. HARRIS. HELMICK 6 LOVRIEN, LAWYERS, DES MOINES. IOWA MICROFILMED BY .. JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Y ,ri B I I EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Rosja, Ltd. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this -Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of. the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Rosja, Ltd. (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon, reaching mutually acceptable terms regarding such bonds; such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $70,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $70,000. BELIN, MAFFTS;'AELMICR 6 NCARTNCY LMvv[Y! DCS..C.,Cs IOw♦ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS ! DES MOINES I - 1 i i i 1 i1 q (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds; it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance ofsuch bondsshall hipal hand loaned to the Company upon terms sufficient to pay interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Unde95 on the Part of the Company. orts ate with the (a) It wwill use all ith the Act and allbotherle fprovisionsoofrlaw elating Issuer and comply to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the the principal of and interest and Issuer sums sufficient to pay such bonds as and when the same shall redemption premium, if any, on become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the eiCompanyssuance shalland havele agreed reedbto mutually acceptable uch terms relating to t s. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place pngwithin reeshe time thatspecified reimbursertheany Issuer extension thereof, the Company 9 for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer 11 hereunder are further subject to the conditions othat tnehissuer shaandln no that suchtbond sr any liability for any act described herein shall not constitute an constitutional ordstatutory provisions and within the meaning of any pecuniaryliability of the shall not constitute nnotlitsrgeneralise accredit or taxing powers. Issuer or a charge against 9CLIN. HARRr6TCLMICK G HCARTN Cy [.\Y.[OS OC"CINcs ICw, MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES 4 G (d) It is expressly understood by both parties to this iby the Issuer is intended both as an Agreement that its executon intention to proceed with the expression of the Issuer's current issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that thecil issuance cOf the Isof the Bonds is subject to further review by Y conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond policyand Procedures for the City of Iowa City, Iowa. Dated this .1�fadaY of 1980. Att t: G/ -t -- C erk tl (Seal) k Iseal) AMC- I / City,�� B ayor RRoosjja, Ltd. \tzl--Z�L � 1 \ fr 0 0 OCLIN, HARRI 6-r LMICA 6 HCARTNCY „ UwrCo3 OCS HCINCSAOM'\ p MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES State of Iowa County of Johnson City L,f Iowa City SS: I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Rosja, Ltd. and said City. . WITNESS my hand and the seal of said City hereto affixed this 19th day of November , 1980. (Seal) '01 - City Clerk -7- SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES `r aim i j I 'I .. I 1 State of Iowa County of Johnson City L,f Iowa City SS: I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City and that as such I have in my possession or have access to the complete official records of said City and of its Council and officers; and that I have carefully compared the transcript hereto attached with the aforesaid official records and that said transcript hereto attached is a true, correct and complete copy of all of the official records showing the action taken by the City Council of said City to authorize the execution of a Memorandum of Agreement by and between Rosja, Ltd. and said City. . WITNESS my hand and the seal of said City hereto affixed this 19th day of November , 1980. (Seal) '01 - City Clerk -7- SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES `r aim i i I I . i; i j Proceedings Fixing Date for Hearing Iowa City, Iowa i November 18 1980 p The City Council of Iowa City, Iowa, met in formal session on the 18th day of November 1980, at 7:30 k o'clock, at the Civic Center , in Iowa City, _�.m., Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: „ Erdaht . Lynch-,Nai h•• ar, Pprrpt h t Alpuprn r,g y, Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser j introduced a resolution entitled: "Resolution fixing a date for �.. hearing on proposed Industrial Development Revenue Bonds (Rosja, Ltd. Project)", and moved its adoption, seconded by Council Member Lynch' After due consideration of the said resolution by the-Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes:Erdahl,_Lynch, Neuhauser, Perret Roberts Vevera Balmer Nays: None ' Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. -,-.Mayor Attest: 1 - City Clerk i (Seal) I eELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES, IOWA'I - -� -- - MICROFILMED BY - - JORM MICR+LA9 \ A i i �`Y, CEDAR RAPIDS • DES MOINES , 80-504 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Rosja, Ltd. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Rosja, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the.Project through the issuance of Industrial Development Revenue Bonds (Rosja, Ltd. Project) of the Issuer in the aggregate principal amount not to exceed $70,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- BELIN, HARRIS, HELMICK 6 LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 02 /oKo_.J q i i 1 Section 1. This Council shall meet at the in Iowa City, Iowa, on the City Hall iyi Cantor 16th dayof December 1980, at 7:30__ o'clock, P -m-, at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press Citizen newspaper published and having a general circulat�.on within the Issuer• The notice shall be in substantially the following form: -3- SELIN, HARRIS, HELMICK a LOVRIEN, LAWYERS, DES MOINES. IOWA i MICROFILMED BY JORM MICR+LAB ` CEDAR RAPIDS • DES MOINES 2 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Rosja, Ltd. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December , 1980, at City Hall Civic Center , in Iowa City, Iowa, at 7:30 o'clock, C) M., for the purpose o conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Rosja, Ltd. Project) of the Issuer, in the aggregate principal amount not toexceed $70,000 (the "Bonds"), and to loan said amount to Rosja, Ltd. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan.Agreement between the issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 18th day of November , 1980. Z/2z% City Clerk - I �I i. i t i a I NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Rosja, Ltd. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December , 1980, at City Hall Civic Center , in Iowa City, Iowa, at 7:30 o'clock, C) M., for the purpose o conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Rosja, Ltd. Project) of the Issuer, in the aggregate principal amount not toexceed $70,000 (the "Bonds"), and to loan said amount to Rosja, Ltd. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan.Agreement between the issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 18th day of November , 1980. Z/2z% City Clerk -4- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES, IOWA MICROFILMED BY r JORM MICR+LAB CEDAR RAPIDS • DES MOINES a /a I' I, I i �I i. i i -4- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES, IOWA MICROFILMED BY r JORM MICR+LAB CEDAR RAPIDS • DES MOINES a /a I' I, I i. i i _, 5 r i � F i t iI Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980. ��l'layor At-'�t City Clerk (Seal) -S- BELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAE1 CEDAR RAPIDS • DES MOINES r�I State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct tcomplete eoc copy OfCsuchitytoffseticial heCouncil records showing the action taken by osal to issue Industrial date for a public hearing on the prop Development Revenue Bonds (Rosja, Ltd. Project) in the aggregate principal amount not to exceed $70,000. WITNESS my Official signature and the seal of said City this ICNI day of ^/^ 'a tAA b e ✓ , 1980. City Clerk -- (Seal) -6- BELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r -1 ` I r i I I. . p I, I 3 1 r�I State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct tcomplete eoc copy OfCsuchitytoffseticial heCouncil records showing the action taken by osal to issue Industrial date for a public hearing on the prop Development Revenue Bonds (Rosja, Ltd. Project) in the aggregate principal amount not to exceed $70,000. WITNESS my Official signature and the seal of said City this ICNI day of ^/^ 'a tAA b e ✓ , 1980. City Clerk -- (Seal) -6- BELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES n I. . I, I 3 1 I n i Memorandum of Agreement Iowa City, Iowa November 18 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November 1980, at 7:3_ _x0 _ o'clock, m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl Lynch Neuhauser Perret RoUrt= Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhaus introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Cards et cetera, Ltd." and moved its adoption; seconded by Council Member &7n nch After due consideration of said resolution by the Counc 1, the Mayor put the question on the motion and the roll being called, the following named.Council Members voted: Ayes: Erdahl Lynch Neuhauser, Perret Roberts, Vevera, Balmer Nays: *gone Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the.meeting adjourned. .may � � • 'Rh yor Attest: City Clerk (Seal) SELIN. HARRIS. HELMICK a LOVRIEN. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS • DES MOINES �N, } �N, .,1 Y 80-505 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Cards et cetera, Ltd. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Cards et cetera, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the.Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. BELIN, HARRIS. HELMICK & LOVRIEN, LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES I 1 WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Cards et cetera, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the.Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. BELIN, HARRIS. HELMICK & LOVRIEN, LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of NoveMDer lyau. Mayor Att st City Clerk (Seal) I 9ELIN, HARRIS, HELMICK 6 LOVRICN, LAWYERS, DES MOINES. IOWA I - MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES It. A g I EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Cards et cetera, Ltd. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this, -Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area _. designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Cards et cetera, Ltd. (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds; such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $100,000. OCLIN. HARRTb4T7[LMICH 6 HCARTNCY l..V.CCS C(L "CIN[S.IOW, a I MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES ■ I EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Cards et cetera, Ltd. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this, -Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area _. designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Cards et cetera, Ltd. (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds; such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $100,000. OCLIN. HARRTb4T7[LMICH 6 HCARTNCY l..V.CCS C(L "CIN[S.IOW, a I MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES ■ (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. I (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. OCLIN. MARRIS.5+CLMICR 6 NCARTNCY S.w,CnS OCS..OmCS IOw• MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES j a ia. 7 I � I I `I WE (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this IPA day of All I)t,y ,600, 1980. ' IOW Clty, IOW B Nahlyor (Seal) (Seal) ILOYI.G. Cards etcetera, Ltd. By rf 5'� . ^^�V 0 r a Cards etcetera, Ltd. By rf 5'� . ^^�V 0 r DCLIN. MARRIS,64ELMICR L NCARTNCY L411Ce5 OCS1111NCS. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES I. is G� j i . i DCLIN. MARRIS,64ELMICR L NCARTNCY L411Ce5 OCS1111NCS. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES a I i i Proceedings Fixing Date for Hearing Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November 1980, at 7:30 o'clock, P -.m., at the v c enter , n Iowa City, Iowa. The meeting was called to order and there were present JoR se , Mayor, in the chair, and the following named ounhnce alem eras Erdahl, Lynch, Neuhauser, Perret Roberts Vevera Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: " Resolution* fixing a date for hearing on proposed Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project)", and 'moved its adoption, seconded by Council Member Lynch After due consideration of the said resolut on y t e ounci1, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: E_rdahl. Lunch. Neuhau4er - Robert -q- Ve n r Nays: None Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. ayor Attest: City Clerk (seal) -1- SELIN. HARRIS. HELMICK h LOVRIEN, LAWYERS. DES MOINES. IOWq MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0210�� sc 80-506 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises Which the City Council of the Issuer as the governing body, finds'is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa, and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Cards et cetera, Ltd. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the -Project through the issuance of Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) of the Issuer in the aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and When the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- SELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LA19 CEDAR RAPIDS • DES MOINES M Section 1, This Council shall meet at the/ _CitV HdTT. Citiv cantor in Iowa City, Iowa, on the 16th day of December , 1980, at 7:30 o'clock, _2_-m-, at which time an p ace a pu is hearing shalom—held on the proposal to issue the Bonds referred to in the preamble hereof, at Which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa Citv Press Citizen, a newspaper published and having a general circulation th n the Issuer. The notice shall be in substantially the following form: I -3- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ai�8 I, i j Section 1, This Council shall meet at the/ _CitV HdTT. Citiv cantor in Iowa City, Iowa, on the 16th day of December , 1980, at 7:30 o'clock, _2_-m-, at which time an p ace a pu is hearing shalom—held on the proposal to issue the Bonds referred to in the preamble hereof, at Which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa Citv Press Citizen, a newspaper published and having a general circulation th n the Issuer. The notice shall be in substantially the following form: I -3- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ai�8 I, i i Section 1, This Council shall meet at the/ _CitV HdTT. Citiv cantor in Iowa City, Iowa, on the 16th day of December , 1980, at 7:30 o'clock, _2_-m-, at which time an p ace a pu is hearing shalom—held on the proposal to issue the Bonds referred to in the preamble hereof, at Which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa Citv Press Citizen, a newspaper published and having a general circulation th n the Issuer. The notice shall be in substantially the following form: I -3- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ai�8 n NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Cards et cetera, Ltd. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December 1980, at City Hall, Civic Centerin Iowa City, Iowa, at 7:30 o'clock, m., -5 a purpose o ,conducting a public hearing on he proposaTtto issue Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) of the Issuer, in the aggregate principal amount not to exceed $100,000 (the "Bonds"), and to loan said amount to Cards et cetera, Ltd. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and When the same shall become due. At the time and' place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining Whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 26th 266th day Of November , 1980. City Clerk -4- BELIN. HARRIS, HELMICK a LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MIC R+LA E1 CEDAR RAPIDS • DES MOINES 1 I i r I n NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Cards et cetera, Ltd. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December 1980, at City Hall, Civic Centerin Iowa City, Iowa, at 7:30 o'clock, m., -5 a purpose o ,conducting a public hearing on he proposaTtto issue Industrial Development Revenue Bonds (Cards et cetera, Ltd. Project) of the Issuer, in the aggregate principal amount not to exceed $100,000 (the "Bonds"), and to loan said amount to Cards et cetera, Ltd. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and When the same shall become due. At the time and' place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining Whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 26th 266th day Of November , 1980. City Clerk -4- BELIN. HARRIS, HELMICK a LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MIC R+LA E1 CEDAR RAPIDS • DES MOINES 1 i r n . I Section 3. All resolutions and parte thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980. I ayor Att t: Cty Clerk (Seal) BELIN. HARRIS, HELMICK k LOVRIEN. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES F i1 3. . f 1 Memorandum of Agreement Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November , 1980, at 7; 0 o'clock, _L.m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer, Mayor, in the chair, and the following named Counc—il Memberd_ Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Mark Henri Ltd. of Iowa City" and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl. Lynch, Neuhauser Perret Roberts Vevera Balmer Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. � Mayor Attest: Attest: 0—/Z- City Clerk (seal) -1- SELIN, HARRIS. HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA I... .__...._. .. .. van ,...,..,._ I � i MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES M 1 80-507 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Mark Henri Ltd. of Iowa City WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the.Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- BELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES II 1 1 i i I \i 80-507 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Mark Henri Ltd. of Iowa City WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the.Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- BELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES II Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day ofNoovev/e/mbbeeerrr 1980. ayor _ Attt` tt lei (Seal) City Clerk sr i' I si 1 1 i r � ' r ; r -1 J 1- 5 -3- 1 BELIN. HARRIS, HELMICK 6 LOVRIEN• LAWYERS, DES MOINES, IOWA a i a9 1 - I� 1.� __ ..... ___....._..���.. ra'...\.l�'rt /. ... . ..��, Ar •. nl:-lt.l\. lwli vJ.W.av✓.��-���^' „ o I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ...R ,f f I n EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Mark Henri Ltd. of Iowa City (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this -Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds; such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $175,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $175,000. BCLIN. HARRrL4FTELMICH G HCARTNEY U.v.[eS CC%110.1[5 10" MICROFILMED BY JORM MICR+LAO i 'a CEDAR RAPIDS • DES MOINES f 'b n EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Mark Henri Ltd. of Iowa City (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this -Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds; such bonds will be issued by the Issuer in the aggregate principal amount not to exceed $175,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $175,000. BCLIN. HARRrL4FTELMICH G HCARTNEY U.v.[eS CC%110.1[5 10" MICROFILMED BY JORM MICR+LAO i 'a CEDAR RAPIDS • DES MOINES r, (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer, and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. • (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general creditor taxing powers. , " - BELIN.NARRr6"ELMICK 6 MEARTNEY l•.vv(•3 oTi I.C.N[S IOw, h MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES I L 'i i it I t r, (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer, and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. • (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general creditor taxing powers. , " - BELIN.NARRr6"ELMICK 6 MEARTNEY l•.vv(•3 oTi I.C.N[S IOw, h MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES P I L i it I P (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City. of Iowa City, Iowa. Dated this +H day of Aln0e1�, 1980. Att . t: Clerk (Seal) (Seal) A1d.JC 1 BCLIN. HARRm6MCLMICB6 M 1111.,r, ]ow.EARTNEY a lag MICROFILMED BY JORM MICR+LAB r• CEDAR RAPIDS . DES MOINES / Ir l i 1 BCLIN. HARRm6MCLMICB6 M 1111.,r, ]ow.EARTNEY a lag MICROFILMED BY JORM MICR+LAB r• CEDAR RAPIDS . DES MOINES / Ir Proceedings Fixing Date for Hearing Iowa City, Iowa ' November 18 1980 The. City Council of Iowa City, Iowa, met in formal session on the 18th day of November, 1980, at 7:30 o'clock, P .m., at the Civic Center _ in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl Lynch Neuha c Perret, Rnherrc tr Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project)", and moved its adoption, seconded by Council Member Lynch _ After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser, Perret Roberts, Vevera, Balmer Nays: None Absent; None a Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting) adjourned. Mayor " Attest: � j City Clerk (Seal) -1- 9ELIN. HARRIS. HELMICK 6 LOVRIEN. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 4 a)3o i 1 80-508 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and 1 WHEREAS, it is proposed to finance all or -a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) of the Issuer in the aggregate principal amount not to exceed $175,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WFIEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce I. within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: j -2- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB j CEDAR RAPIDS • DES MOVIES In i it 80-508 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Mark Henri Ltd. of Iowa City (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and 1 WHEREAS, it is proposed to finance all or -a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) of the Issuer in the aggregate principal amount not to exceed $175,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WFIEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce I. within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: j -2- BELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB j CEDAR RAPIDS • DES MOVIES In Section 1. This Council shall meet at the _._Civic Center _ in Iowa City, Iowa, on the 16th day of December 1980, at 7:30 o'clock., P.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press -Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: I i BELIN. HARRIS, HELMICK & LOVRIEN. LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i i 1 1 Section 1. This Council shall meet at the _._Civic Center _ in Iowa City, Iowa, on the 16th day of December 1980, at 7:30 o'clock., P.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press -Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: I i BELIN. HARRIS, HELMICK & LOVRIEN. LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Mark Henri Ltd. of Iowa City Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December 1980, at Civic Center , in Iowa City, Iowa, at 7:30 o'clock„ P.m., for the purpose o conducting a public hearing on the proposal—to issue Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) of the Issuer, in the aggregate principal amount not to exceed $175,000 (the "Bonds"), and to loan said amount to Mark Henri Ltd. of Iowa City (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At theltime and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the. issuance of the Bonds. By order of the City Council, this 18th day of November 1980. �Il/ X f' - Cf -City Clerk -4- VELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA ai.3d MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r n u j NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Mark Henri Ltd. of Iowa City Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of December 1980, at Civic Center , in Iowa City, Iowa, at 7:30 o'clock„ P.m., for the purpose o conducting a public hearing on the proposal—to issue Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) of the Issuer, in the aggregate principal amount not to exceed $175,000 (the "Bonds"), and to loan said amount to Mark Henri Ltd. of Iowa City (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At theltime and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the. issuance of the Bonds. By order of the City Council, this 18th day of November 1980. �Il/ X f' - Cf -City Clerk -4- VELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS. DES MOINES. IOWA ai.3d MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r n u I Section 3. All resolutions and parts thereof in conflict herewithl are hereby repealed to the extent of such conflict. Passed and approved this 18th r Attest: City Clerk (Seal) day of November 1980. Mayor -5- eELIN, HARRIS, HELMICK 6 LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES o i I Section 3. All resolutions and parts thereof in conflict herewithl are hereby repealed to the extent of such conflict. Passed and approved this 18th r Attest: City Clerk (Seal) day of November 1980. Mayor -5- eELIN, HARRIS, HELMICK 6 LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES o ` i I 1 i i I Section 3. All resolutions and parts thereof in conflict herewithl are hereby repealed to the extent of such conflict. Passed and approved this 18th r Attest: City Clerk (Seal) day of November 1980. Mayor -5- eELIN, HARRIS, HELMICK 6 LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES o �;i I I I State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal.to issue Industrial Development Revenue Bonds (Mark Henri Ltd. of Iowa City Project) in the aggregate principal amount not to exceed $175,000. WITNESS my official signature and the seal of said City this lj LI day of ��.;. 4r,,.�ly. —' 1980. , City Clerk (Seal) -G- BELIN, HARRIS, HELMICK h LOVRIEN. LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 900 a Memorandum of Agreement Iowa City, Iowa November 18 1980 The City Council of Iowa City, Iowa, met in formal Session on the 18th day of November 1980, at o'clock, p m., at the Civic Center in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Michael J's Inc." and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: iI Ayes: Erdahl, Lynch, Neuhauser, Perret, Roberts Vevera Balmer Nays: None Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned, hyor Attest: C1t (Seal) -1- eELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAI9 CEDAR RAPIDS • DES MOINES RESOLUTION 81-509 A Resolution authorizing the execution of a Memorandum of Agreement with Michael J's Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- BELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS . DES MOINES E - -- I. I RESOLUTION 81-509 A Resolution authorizing the execution of a Memorandum of Agreement with Michael J's Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- BELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS . DES MOINES E - -- i m , n Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this /g day of%1980. -,,Mayor yor Attest: City Clerk 1� i m , n Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this /g day of%1980. -,,Mayor yor Attest: City Clerk 1� -3- (Seal) BELIN, HARRIS. HELMICK 8 LOVRIEN, LAWYERS, DES MOINES, IOWA a�31 MICROFILMED BY JORM MIC R+LA13 CEDAR RAPIDS • DES MOINES 1 i i -3- (Seal) BELIN, HARRIS. HELMICK 8 LOVRIEN, LAWYERS, DES MOINES, IOWA a�31 MICROFILMED BY JORM MIC R+LA13 CEDAR RAPIDS • DES MOINES 1 I EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Michael J's Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project 1 No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue itl= revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc. (the "Company") in its'commercial I enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer .that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in an aggregate principal'amount not to exceed $175,000 sufficient to finance all or a portion of�the costs of the Project. I (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer'and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. i (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $175,000. -4- 9CLIN, HARRIS, HCLMICH 6 HCARTNCY LAwy Cnf OCS..cINCS IoW, 0 MICROFILMED BY JORM MICR+LAB ;I q CEDAR RAPIDS • DES MOINES i I I I I ,I 1 I - 1 1 I EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Michael J's Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project 1 No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue itl= revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc. (the "Company") in its'commercial I enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer .that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in an aggregate principal'amount not to exceed $175,000 sufficient to finance all or a portion of�the costs of the Project. I (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer'and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. i (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $175,000. -4- 9CLIN, HARRIS, HCLMICH 6 HCARTNCY LAwy Cnf OCS..cINCS IoW, 0 MICROFILMED BY JORM MICR+LAB ;I q CEDAR RAPIDS • DES MOINES i i N Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds.. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms'relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. SCLIN, HARRL.5LJELMICK 6 HCARTNCY l.w.Cs! CCs 110"rs '0" a►31 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES M I I 1 i N Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds.. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms'relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. SCLIN, HARRL.5LJELMICK 6 HCARTNCY l.w.Cs! CCs 110"rs '0" a►31 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES M (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this 18th day of November 1960. Ast• t• .Clerk (Seal) (Seal) none, Iow City, Iowa Michael J's Inc. By 0CLIN.MARArZ5"CLMICIL 6 MCARTNEY L.\ryCn9 DC5..01"CS. 10wA �v .... . a MICROFILMED BY „ JORM MICR+LA6 yPp{ CEDAR RAPIDS • DES MOINES M a►3� i y Proceedings Fixing Date for Hearing Iowa City, Iowa November 18 1980 The City Council of Iowa City, Iowa, met in1980,m l :30 session on the 18th day of November o'clock, _�_•m•, at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: �r IFrdahL_LyAdLAU haer, Perret,Roberts evera Absent: None Matters were discussed concerning the issuance of Neuhauseral Development Revenue Bonds. Whereupon, Council Member ' introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Michael J's Inc. Project)", and moved its adoption, seconded by Council Member Lynch After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Erdahl, Lynch, Neuhauser,.Perret, Roberts, Vevera, Balmer Nays: None Absent: None Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. `-,Mayor Attest: City Clerk (seal) -1- SrLIN. HARRIS. HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA MICROFILMED BY ' JORM MICR+LA6 A CEDAR RAPIDS • DES MOINES I RESOLUTION N0. 80-510 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Michael J's Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc..(the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is, proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Michael J's Inc. Project) of the Issuer in an aggregate principal amount not to exceed $175,000 (the "Bonds") and to.loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds,_all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Eva eELIN. HARRIS. HELMICK d LOVRIEN. LAWYERS. DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOIRES x i j I j f i I I i ' 1 " RESOLUTION N0. 80-510 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Michael J's Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Michael J's Inc..(the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is, proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Michael J's Inc. Project) of the Issuer in an aggregate principal amount not to exceed $175,000 (the "Bonds") and to.loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds,_all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Eva eELIN. HARRIS. HELMICK d LOVRIEN. LAWYERS. DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOIRES x i j I f n tion 1 This Council shall meet at the Cit v Hall Civic Center Sec tion of in Iowa City, Iowa, on the 16th Y m• at which time 'December , 1980, at. 7:30 o'clock, V_• and place a public hearing shall be held on the proposal to issue -the Bonds referred to in the preamble hereof, at which heato expreall ss tlocal residents who appear shall be given an opportunity heir views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days p I a date fixed for the hearing, in the Iowa Cid Press Citizen newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: 'i 1 Y � -,1 f i 4 f l�pI r . I y 'I s n tion 1 This Council shall meet at the Cit v Hall Civic Center Sec tion of in Iowa City, Iowa, on the 16th Y m• at which time 'December , 1980, at. 7:30 o'clock, V_• and place a public hearing shall be held on the proposal to issue -the Bonds referred to in the preamble hereof, at which heato expreall ss tlocal residents who appear shall be given an opportunity heir views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days p I a date fixed for the hearing, in the Iowa Cid Press Citizen newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: 'i 1 i -,1 i 4 f l�pI r . FI -3 SELIN. HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA 1�� 1 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES y NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Michael J's Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the lfith day of Oprpmhpr , 1980, at City Hall, Civic Center , in Iowa City, Iowa, at 7:30 o'clock, 6.m., for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Michael J's Inc. Project) of the Issuer, in an aggregate principal amount not to exceed $175,000 (the "Bonds"), and to loan said amount to Michael J's Inc. (the "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer. and the Company, the obligation of which will be sufficient to,pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at ,the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By order of the City Council, this 26th day of November , 1980. city clerk .. -4- eELIN, HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA a 13C;1 MICROFILMED BY JORM MICR+LA9 ' - CEDAR RAPIDS • DES MOINES I If i li I i Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980. SZ r 11Z'2 ��� Mayor � Attest: City Clerk (Seal) -5- i BELIN, HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICRO LAB CEDAR RAPIDS • DES MOINES I I i Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 18th day of November 1980. SZ r 11Z'2 ��� Mayor � Attest: City Clerk (Seal) -5- i BELIN, HARRIS. HELMICK & LOVRIEN. LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICRO LAB CEDAR RAPIDS • DES MOINES I •4< i i 1 i J •, I `II1 I I , ' SELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial ate Development Revenue Bonds (Michael J's Inc. Project) in an aggregate principal amount not to exceed $175,000. WITNESS my o ficial signature and the seal of said City this day of 1] nJP tied , 1980. i --�/ City Clerk l/ y II I I 1 1 •4< i i 1 i J •, I `II1 I I , ' SELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial ate Development Revenue Bonds (Michael J's Inc. Project) in an aggregate principal amount not to exceed $175,000. WITNESS my o ficial signature and the seal of said City this day of 1] nJP tied , 1980. i --�/ City Clerk l/ y 1 1 •4< i i 1 i J •, I `II1 I I , ' SELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial ate Development Revenue Bonds (Michael J's Inc. Project) in an aggregate principal amount not to exceed $175,000. WITNESS my o ficial signature and the seal of said City this day of 1] nJP tied , 1980. i --�/ City Clerk l/ y Memorandum of Agreement Iowa City, Iowa November 18 , 1980 The City Council of Iowa City, Iowa, met in formal session on the 18th day of November , 1980, at �,p o clock, _.m., at the Civic Center, n p City, Iowa. The meeting was called to order -and—there were present John R. Balmer , Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser_, Perre Absent: None Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a.resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Lenoch & Cilek, Inc." and moved its adoption; seconded by Council Member Lynch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes:Erdahl, Lynch, Neuhaus r. norr=r nob rr VPBalmer Nays: Lone Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the.meeting adjourned. or Attest: SLI--Q- City Clerk (Seal) I I -1- SELIN, HARR19, HELMICK 6 LOVRIEN, LAWYERS, DEN MOINES, IOWA I MICROFILMED BY DORM MICR+LAB _ 1 ' CEDAR RAPIDS DES MOINES a 133 M i i 80-511 RESOLUTION A Resolution authorizing the execution of a Memorandum of Agreement with Lenoch & Cilek, Inc. WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa; and Iowa R-14 WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. ( d"Urban esignatedtherein(thee"UrbanPRenewaloAr a")Uandninenewal Area furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds.pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Lenoch & Cilek, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of Which the Issuer agrees, subject to the provisions Of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council Of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. eELIN, HARRIS, HELMICK A LOVRIEN, LAWYERS, DES MOINES. IOWA a 133 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this .18th day of November , 1480. <Ni� or Attest: City Clerk (Seal) -3- ISELIN. HARRIS. HELMICK d LOVRIEN, LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I P 133 i I '1 Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this .18th day of November , 1480. <Ni� or Attest: City Clerk (Seal) -3- ISELIN. HARRIS. HELMICK d LOVRIEN, LAWYERS, DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I P 133 EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Lenoch & Cilek, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa,, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Lenoch & Cilek, Inc. (the "Company") in its commercial enterprise, loacted within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in the aggregate principal -amount not to exceed $150,000 sufficient to finance all or a portion, of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. .(a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, in the aggregate principal amount not to exceed $150,000. -4- RELIN HARRIS. HELMICK L. HEARTNEY l v.CuS CCS"CI"ES 10 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES R X133 N i J i I n (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall .be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. 3. Undertakings on the Part of the Company. a) It will use all le Issuer and( (comply with the Act and sallbotherfprovisionsoofrlaw relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further F subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds *I described herein shall not within the meaning of anconstitute an indebtedness of the Issuer y constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES a�33 I ( (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this L" -'-u- day of /Vnnna, bar , 1980. Attest: Clerk i (Seal) (Seal) I oruf, 13yor Lenoch & C�il/ek, Inc. By DELIN, HARRIS. HELMICK 6 NEARTNEY LAwr[^t o[S.4CINcs. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES , L;LiL33 In i I I I I: I.. L I i 7 w II Lam, I (d) It is expressly understood by both parties to this Agreement that its execution by the Issuer is intended both as an expression of the Issuer's current intention to proceed with the issuance of the Bonds and to constitute "some other similar official action" for purposes of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1954, as amended. The execution of the Agreement by the Issuer is not intended to nor does it create a binding commitment of the Issuer to proceed with the issuance of the Bonds. It is further understood that the issuance of the Bonds is subject to further review by the City Council of the Issuer and is conditioned upon, among other things, full compliance with all provisions of the Industrial Revenue Bond Policy and Procedures for the City of Iowa City, Iowa. Dated this L" -'-u- day of /Vnnna, bar , 1980. Attest: Clerk i (Seal) (Seal) I oruf, 13yor Lenoch & C�il/ek, Inc. By DELIN, HARRIS. HELMICK 6 NEARTNEY LAwr[^t o[S.4CINcs. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES , L;LiL33 In i I I I: I.. L i 7 w Lam, Proceedings Fixing Date for Hearing Iowa City, Iowa November 18 The City Council of Iowa City, Iowa, met in formal_ session on the 18th day of November 1980, at 7.:30 o'clock, p ..m., -at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Erdahl, Lynch, Neuhauser, Perret, Rnharts vp3zpra - Absent: None Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project)", and moved its adoption, seconded by. Council Member Lynch After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Neuhauser, Perret, Roberts, Vevera, Balmer Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. ayor (seal) I -1- BELIN, HARRIS. HELMICK 6 LOVRIEN. LAWYERS. DES MOINES. IOWA Illi.._.__.._-..._.._. ,.........,.....� .. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i 1 I r I 1 i 1 j �I. I i r-\1 80-512 RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of .Iowa; and WHEREAS, the Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the ."Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for use by Lenoch & Cilek, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) of the Issuer in the aggregate principal amount not to exceed $150,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: -2- BELIN. HARRIS, HELMICK & LOVRIEN, LAWYERS. DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ai33 , R i ■ r Section 1. This Council shall meet at the City Hall, Civic Center in Iowa City, Iowa, on the 16th day of December , 1980, at 7:30 o'clock, �.m., at which time and place a public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in the Iowa City Press Citizen , a newspaper published and having a general circulation within the Issuer. The notice shall be in substantially the following form: -3- eELIN, HARRIS, HELMICK 6 LOVRIEN, LAWYERS, DES MOINES, IOWA --! 33 j MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i „:rt i i i I 1 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (Lenoch & Cilek, Inc. Project) The City Council of the City of Iowa City, Iowa, (the "Issuer") will meet on the 16th day of _December _, 1980, at City Hall, Civic Center , in Iowa City, Iowa, at 7:30 o'clock, P •m•, for the purpose of conducting a public hearing on the proposal to issue Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) of the Issuer, in the aggregate principal amount not to exceed $150,000 (the "Bonds"), and to loan said amount to Lenoch & Cilek, Inc. (the - "Company"), an Iowa corporation, for the purpose of defraying all or a portion of the cost of certain improvements or equipment suitable for the use of its commercial enterprise consisting of a retail facility located within the Urban Renwal Area designated in the Issuer's Urban Renewal Plan, Project No. Iowa R-14. The Bonds, if issued, will be limited obligations and will not constitute general obligations of the j Issuer nor will they be payable in any manner by taxation, but the Bonds will be payable solely and only from amounts received by the Issuer under a Loan Agreement between the Issuer and the Company, the obligation of which will be sufficient to pay the principal of and interest and redemption premium, if any on the Bonds as and when the same shall become due. At the time and place fixed for said public hearing all local residents who appear will be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing or any adjournment thereof, the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. ,r By order of the City Council, this 18th day of November 1980. i City Clerk i i -4- SELIN, HARRIS, HELMIOK 8' LOVRIEN, LAWYEHB. DES MOINES, IOWA, a� 33 MICROFILMED BY JORM MICR+LAI3 i! _ CEDAR RAPIDS . DES MOINES :t 1 I its thereof in conflict herewith Section 3. All resolutions and pa I are hereby repealed to the extent of such conflict. Passed and approved this 18th day of _November 1980. � d'lTr-iL �•-r// Payor Attest: , Cl / city clerk (Seal) SELIN. HARRIS. HELMICK 6 LOVRIEN, LAWYERS. DES MO11 MICROFILMED BY JOFZIM MIC Fi+LAB CEDAR RAPIDS • DES MOINES at< I 1 9 i n„� t ,+ li 1 SELIN. HARRIS. HELMICK 6 LOVRIEN, LAWYERS. DES MO11 MICROFILMED BY JOFZIM MIC Fi+LAB CEDAR RAPIDS • DES MOINES at< I I 9 i n„� State of Iowa County of Johnson City of Iowa City SS: I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said Cit to t y se a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) in the aggregate principal amount not to exceed $150,000. WITNESS my o�Tpficial signature and the seal of said City this day of lUduo%a✓ 1980. City Clerk i (Seal) -6- eELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i I p State of Iowa County of Johnson City of Iowa City SS: I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said Cit to t y se a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds (Lenoch & Cilek, Inc. Project) in the aggregate principal amount not to exceed $150,000. WITNESS my o�Tpficial signature and the seal of said City this day of lUduo%a✓ 1980. City Clerk i (Seal) -6- eELIN, HARRIS, HELMICK & LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i