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